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RESOLUTION NO. 2016-2,5538 <br /> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br /> SUNNY ISLES BEACH, FLORIDA, APPROVING (1) GOVERNMENTAL <br /> ADJUSTMENT FACTOR WAIVER AGREEMENT (2) APPLICANT <br /> INSTALLED FACILITIES AGREEMENT AND (3) CITY/COUNTY <br /> RIGHT OF WAY AGREEMENT FOR UNDERGROUND <br /> CONVERSIONS BETWEEN THE CITY OF SUNNY ISLES BEACH AND <br /> FLORIDA POWER AND LIGHT ("FPL") IN THE AMOUNT NOT TO <br /> EXCEED SIX HUNDRED FIFTY TWO THOUSAND FIVE HUNDRED <br /> SEVENTY EIGHT DOLLARS ($652,578.00) FOR THE FIRST <br /> CONSTSRUCTION PHASE IN SUBSTANTIALLY THE SAME FORM <br /> ATTACHED HERETO AS EXHIBITS "A", "B" AND "C"; <br /> AUTHORIZING THE CITY MANAGER TO EXECUTE SAID <br /> AGREEMENTS; AUTHORIZING THE CITY ATTORNEY AND THE <br /> CITY MANAGER TO DO ALL THINGS NECESSARY TO <br /> EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING <br /> FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City of Sunny Isles Beach (the "City") is in the process of <br /> undergrounding the utility lines on Collins Avenue; and <br /> WHEREAS, the City has requested that Florida Power and Light ("FPL") convert certain <br /> overhead electric distribution lines located on Collins Avenue; and <br /> WHEREAS, the City has agreed to pay FPL the cost of such conversion as required by <br /> FPL's electric tariff and Section 25-6.115 of the Florida Administrative Code and to enter into <br /> separate Underground Facilities Conversion Agreements with FPL. <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Approving the Underground Facilities Conversion Agreements. The City <br /> Commission hereby approves (1) Governmental Adjustment Factor Waiver Agreement, (2) <br /> Applicant-Installed Facilities Agreement and (3) City/County Right of Way Agreement for <br /> Underground Conversions with Florida Power and Light ("FPL), in the amount not to exceed Six <br /> Hundred Fifty Two Thousand Five Hundred Seventy Eight Dollars ($652,578.00) for the First <br /> Construction Phase in substantially the same form attached hereto as Exhibits "A", "B" and "C". <br /> Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute <br /> (1) Governmental Adjustment Factor Waiver Agreement, (2) Applicant-Installed Facilities <br /> Agreement and (3) City/County Right of Way Agreement for Underground Conversions with <br /> Florida Power and Light ("FPL) with Florida Power and Light in the amount not to exceed Six <br /> Hundred Fifty Two Thousand Five Hundred Seventy Eight Dollars ($652,578.00) for the First <br /> Construction Phase in substantially the same form attached hereto as Exhibit "A", "B" and "C". <br /> Approving Three(3)Underground Facilities Conversion Agreement 1 of 2 <br />