Reso 2024-3608 - Laserfiche WebLink

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CITY OF SUNNY ISLES BEACH AGREEMENT FOR UNDERGROUND CONVERSIONS THIS AGREEMENT (the "Agreement") is made and entered into this qday of JCS tit,,. , , 2024, by and between CITY OF SUNNY ISLES BEACH ("CITY'), a Florida municipal corporation with an address of 18070 Collins Avenue. Sunny Isles Beach. Florida 33160 and COGECO US (Miami), LLC d/b/a Breezeline ("BREEZELINE"), a Delaware limited liability company with an address of 3 Batterymarch Park, Suite 200, Quincy, MA 02169. WHEREAS, the CITY has requested that BREEZELINE convert certain overhead cable distribution facilities located within the following boundaries (the "Conversion"): Golden Shores Relocation —185'n St —191 St Terr from Atlantic Blvd — N Bay Road (collectively, the "Existing Overhead Facilities") to underground facilities, including switch cabinets, nodes and other appurtenant facilities some of which may be installed above ground (collectively, the "Underground Facilities") and has further requested that certain of the Underground Facilities be placed in certain of its road rights-of-way ("CITY ROW") and/or certain mad rights-of-way owned by or under the jurisdiction of other agencies ("Other ROW") (CITY ROW and Other ROW may be referred to collectively as "ROW"); and WHEREAS, pursuant to Resolution No. 2023-3528, dated August 17, 2023, the City Commission approved a payment to BREEZELINE in an amount not -to exceed Two Hundred Sixty -Four Thousand Three Hundred Ninety -Three and 34/100 Dollars ($264,393,34) for the cost of such Conversion, subject to Section 2(D) and Section 3 and any change orders; and WHEREAS, BREEZELINE is willing, subject to the terms and conditions set forth in this Agreement, to place the Underground Facilities in the ROW; and NOW THEREFORE, in recognition of the foregoing premises and the covenants and agreements set forth herein, and other consideration, the sufficiency and receipt of which are hereby acknowledged, intending to be legally bound hereby, the parties covenant and agree as follows: 1. The foregoing recitals are true and correct, and are hereby incorporated by reference into this Agreement. 2. Conditions Precedent to Placement of Underground Facilities in ROW. A. CITY covenants, represents, and warrants that: i. CITY has full legal right and authority to enter into this Agreement; ii. CITY has full legal right and authority to take all actions and measures necessary to fulfill CITY' s obligations under this Agreement; iii. CITY hereby authorizes the use of the ROW by BREEZELINE for the purposes stated herein. B. All applicable permits for BREEZELINE, to be issued by the CITY, to install, construct, or maintain Underground Facilities in ROW must be issued on a timely basis by the Page 1 of 8