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<br />INTERLOCAL AGREEMENT <br /> <br />This Interlocal Agreement (the "Agreement") is made and entered into this /9(day <br /> <br />of ~( 1998, by and between Miami-Dade County, a political subdivision of the State of <br /> <br />Florida (the "County"), and the City of Sunny Isles Beach, a Florida municipality (the <br /> <br />"C ity"). <br /> <br />RECITALS <br /> <br />WHEREAS, in 1989, County enacted Ordinance 89-81 (the "Franchise Ordinance"), <br /> <br />which granted a non-exclusive electric franchise to Florida Power and Light ("FPL") to <br /> <br />utilize public rights-of-way throughout the unincorporated and incorporated areas of Miami- <br /> <br />Dade County, Florida, in return for FPL paying County certain franchise fees (the <br /> <br />"Franchise Fees"); and <br /> <br />WHEREAS, on June 16, 1997 a charter for the City was approved by the citizens of <br /> <br />the City and on July 29, 1999, the City Commission was sworn into office; and <br /> <br />WHEREAS, County and City wish to resolve their differences as to City's claim of <br /> <br />entitlement to that portion of the Franchise Fees remitted by FPL to County for rights to <br /> <br />utilize public right-of-way located within City ("City Fees"), <br /> <br />. <br />NOW, THEREFORE, in consideration of the mutual benefits derived therefrom, the <br /> <br />parties covenant and agree as follows: <br /> <br />1. OBLIGATIONS OF THE COUNTY <br /> <br />1.1 The County shall: <br /> <br />1.1.1 For so long as the Franchise Ordinance is in effect and <br /> <br />enforceable, pay to the City all City Fees actually received by County from FPL on <br /> <br />Page 10fS <br />