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Home My WebLink About2000-37640 Telephone: 15511567.9 004 OFFICEOF COUNTY ATTORNEY Paul G. Bangel* County Attorney William G. Collins 11* Deputy Counly Allonicy *Board Certified. City, County & Local Government Law Telephone: Extension 1424 Sunconi: 224-1424 Fax: (561) 569-4317 C -snail: ireacorn cycafte-co. indian-riverALus BOARD OF COUNTY COMMISSIONV?N 1840 25th Street, Vero Beach, Florida 32960-3365 December 19, 2000 Jean G. Howard, Senior Attorney FLORIDA POWER & LIGHT COMPANY P. O. Box 029100 Miami, FL 33102-9100 Re: FPL Matter No. 41643 Relocation of FPL Poles-, Willow Street Indian River County Dear Ms. Howard: The Board of County Commissioners authorized my signature on your letter of reservation of rights this morning. Enclosed is your copy of the letter and agenda item. Yours truly, William G. Collins 11 Deputy County Attorney WGC/nhm enclosures WF;Mlcr DEC -, CLERK 10 IliL SohRi) Telephone: 15511567.9 004 OFFICEOF COUNTY ATTORNEY Paul G. Bangel* County Attorney William G. Collins 11* Deputy Counly Allonicy *Board Certified. City, County & Local Government Law Telephone: Extension 1424 Sunconi: 224-1424 Fax: (561) 569-4317 C -snail: ireacorn cycafte-co. indian-riverALus BOARD OF COUNTY COMMISSIONV?N 1840 25th Street, Vero Beach, Florida 32960-3365 December 19, 2000 Jean G. Howard, Senior Attorney FLORIDA POWER & LIGHT COMPANY P. O. Box 029100 Miami, FL 33102-9100 Re: FPL Matter No. 41643 Relocation of FPL Poles-, Willow Street Indian River County Dear Ms. Howard: The Board of County Commissioners authorized my signature on your letter of reservation of rights this morning. Enclosed is your copy of the letter and agenda item. Yours truly, William G. Collins 11 Deputy County Attorney WGC/nhm enclosures WF;Mlcr DEC -, CLERK 10 IliL SohRi) • 40 4W Florida Power & Lighl Company, P. 0. Box 024100, Miami. FL 33102.9100 0 (305) 552--3929 FPL December 13, 2000 Will Collins Deputy County Attorney Indian River County 1840 25 street Vero Beach, FL 32960 Re: Relocation of FPL Poles: willow street Indian River County FPL Matter No. 41643 Dear Mr. Collins: This letter agreement acknowledges that an issue remains as to whether there was an effective reservation of state road right-of-way which would require Florida Power & Light Company ("'FPL'") to relocate its electric facilities at the cost of FPL notwithstanding the grants of easements to FPL. Indian River County ("County") and FPL desires to cooperate with each other in order that no undue delay to the construction project will result from this unresolved issue. To that end and for the consideration set forth herein, FPL and the County agree as follows: FPL agrees to relocate the electric poles and wires located along Willow Street and within the FPL easements between 85th and 891' streets prior to resolution of the reimburse issue. The County and FPL agree to continue to resolve that issue through additional fact finding and, if necessary, litigation. The County agrees that FPL by entering into this agreement and initially relocating the FPL facilities at the expense of FPL has not and shall not be deemed to have waived any right it may have for reimbursement for such relocation. The County further agrees that the County shall not raise the fact of relocation by FPL as a bar, estoppel, waiver or other affirmative defense including in any litigation seeking reimbursement or declaration of rights as to reimbursement for such relocation. Agreed: Indian River County F By: +L� GC r�- .' 6a E'f 3�I Title: Dato: r anfpt Group comPan p Florida Power & Light Company By Jean G. Howard Senior Attorney gVl CONSENT Offtcc of INDIAN RIVER COUNTY ATTORNEY Paul G. Bangel, County Attorney` ` Board Certified, City, County & Local Governrnem Law William G. Collins I7, Deputy County Atrorncy` MEMORANDUM TO: The Board of County Commissioners FROM: 4 tWilliam G. Collins If — Deputy County Attorney DATE: December 13, 2000 SUBJECT: Relocation of FP&L Poles — Willow Street Under normal circumstances when County roads are widened, FP&L is required by their franchise agreement to relocate the poles at their own expense, Along Willow Street FP&L has an easement in which its pales are located. The County is asserting Murphy reservation rights-of-way which at this point FP&L is not convinced is valid. FP&L has agreed to relocate at its own expense to avoid delay in the Willow Street widening protect, but has requested that a letter be executed which reserves their rights to reimbursement should our Murphy reservation be faulty. RECOMMENDATION: Authorize the Deputy County Attorney to execute their letter reserving rights to reimbursement pending the resolution of the respective rights of the County and FP&L. "'T" l APPROVED FORLr:,t c r WGClnhm.C.,� 1NG - AGNSENT AGENDA Ge:e+r COUNI ATTCI VEY rarsk ;vi9r� 1840 25' Sireez, Vero Benh, FL 32960 Telephone (551) 567.8000, En. 1424 i Facsimile (561) 569-4317 40 40 • ROM P -PH LEGAL DEPT 0 FPL Will Collins Deputy county Attorney Indian River county 1840 25 Street Vero Beach, FL 32960 ;YU) ill. '3' 0ii 10:49/3'. 1+1:47/ 0. G. Florida POW01A Light Company, P. B. Bax 029100, rllicra;, FL 33102.IIDU (345)552-3929 December 13, 2004 Re: Relocation of FPL Pc].ea: WillOV Street Indian River County FPL Matter No.. 41643 Dear Mr. Collins; This letter agreement acicnowledges that an issue remains as to whether there was an effective reservation of state road right-of-way which would require Florida Power & Light Company ("FPL'') to relocate its electric facilities at the cost of FPL notwithstanding the grants of easements to FPL. Indian River county ("County") and FPI, desires to cooperate with each other in order that no undue delay to the construction project will result from this unresolved issue. To that and and for the consideration set forth herein, FPL and the County agree as follows: FPL agrees to relaoate the electric proles and wires located along Willow street and within the FPL easements between 89`4 and 89`'h streets prior to resolution of the reimburse issue. The County and FPL agree to continue to resolve that issue through additional fact finding and, if necessary, litigation. The County agrees that PPL by entering into this agreement and initially relocating the FPL facilities at the expense of FPL has not and shall not be deemed to have waived any right it may have for reimbursement for such relocation. The County further agrees that the county shall not raiBe the fact of relocation by FPL as a bar, estoppel, waiver or other affirmative defense including in any litigation seeking reimbursement or declaration of rights as to reimbursement for such relocation. Florida Power & Light Company By 3e n G.�Howard / ;Senior Attorney Agreed.,. Indian River county By. Title: Date: an trt Lira np a .,sm