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CITY/COUNTY RIGHT-OF-WAY <br /> AGREEMENT FOR UNDERGROUND CONVERSIONS (wR#4982016) <br /> • <br /> THIS AGREEMENT (the "Agreement") is made and entered into this day of <br /> , 20 by and between CITY OF SUNNY ISLES BEACH ("Local <br /> Government"), a Florida municipal corporation or county with an address of 18070 <br /> Collins Avenue, Sunny Isles Beach, Florida 33160 and Florida Power & Light Company <br /> ("FPL"), a Florida. corporation with an address of P.O. Box 14000, 700 Universe <br /> Boulevard, Juno Beach, FL 33408-0429. <br /> WHEREAS, Local Government has requested that FPL convert certain overhead <br /> electric distribution facilities located within the following boundaries (the"Conversion"): <br /> Along Collins Avenue from the southern City limit at Haulover Park to Sunny Isles <br /> Blvd. and then along Sunny Isles Blvd. from just east of Collins Ave. and then <br /> approx. 500 feet to the west (see attached drawings, WR# 4982016 ) (collectively, the <br /> "Existing Overhead Facilities") to underground facilities, including transformers, switch <br /> cabinets and other appurtenant facilities some of which may be installed above ground <br /> (collectively, the "Underground Facilities") and has further requested that certain of the <br /> Underground Facilities be placed in certain of its road rights-of-way ("Local <br /> Government ROW") and/or certain road rights-of-way owned by or under the <br /> jurisdiction of other agencies ("Other ROW"). Local Government ROW and Other <br /> ROW may be referred to collectively as "ROW"; and <br /> WHEREAS, the Local Government has agreed to pay FPL the cost of such <br /> Conversion as required by FPL's electric tariff and Section 25-6.115 of the Florida <br /> Administrative Code and has or will enter into a separate Underground Facilities <br /> Conversion Agreement with FPL; and <br /> WHEREAS, FPL is willing, subject to the terms and conditions set forth in this <br /> Agreement, FPL's electric tariff and Section 25-6.115 of the Florida Administrative <br /> Code, to place certain of the Underground Facilities in the ROW. <br /> NOW THEREFORE, in recognition of the foregoing premises and the covenants <br /> and agreements set forth herein, and other consideration the sufficiency of which is <br /> hereby acknowledged, intending to be legally bound hereby, the parties covenant and <br /> agree as follows: <br /> 1. The foregoing recitals are true and correct, and are hereby incorporated by <br /> reference into this Agreement. <br /> Page 1 of 6 <br />