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<br />Exhibit "A" <br /> <br />FIRST AMENDMENT TO INTERLOCAL AGREEMENT TO PROMOTE <br />UNDERGROUNDING OF UTILITY FACILITIES AND <br />RELATED IMPLEMENTATION ACTIVITIES <br /> <br />This First Amendment to Interlocal Agreement ("First Amendment") is made and <br />entered into to be effective as of the First day of January, 2009, by and between the <br />CITY OF SUNNY ISLES BEACH, FLORIDA, an incorporated Florida municipality, <br />("City"), having a mailing address of 18070 Collins Avenue, Sunny Isles Beach, Florida <br />33160, and certain other incorporated cities and towns of Florida that, together with the <br />City, formed the Municipal Underground Utilities Consortium ("MUUC"), a municipal <br />cooperative effort as contemplated in Chapter 163, Florida Statutes, by the <br />INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY <br />FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES ("Interlocal Agreement") <br />that is the subject of this First Amendment. <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the City and the other cities and towns formed the MUUC through <br />that certain INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF <br />UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES, dated June 13, <br />2006; <br /> <br />WHEREAS, the City and certain other cities and towns that are parties to the <br />Interlocal Agreement now desire to modify and amend the Inter/ocal Agreement; <br /> <br />NOW, THEREFORE, pursuant to Section 17.3 of the Interlocal Agreement, which <br />applies to amendments to the Agreement, and in consideration of the mutual covenants <br />herein contained and for other good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, the parties agree as follows: <br /> <br />1. Section 3.1 of the Interlocal Agreement shall be deleted in its entirety and <br />replaced with the following: <br /> <br />"3.1 This Agreement shall be effective as between all of the Parties as of <br />the 13th day of June, 2006, and shall continue in effect until the earlier of (a) <br />December 31, 2010 or (b) the date upon which there remains at most only one <br />(1) Local Government that has not submitted a Notice of Termination of <br />Participation in this Agreement as provided in Section 3.2." <br /> <br />2. Section 17.4 of the Interlocal Agreement shall be deleted in its entirety and <br />replaced with the following: <br /> <br />"17.4 Execution. The Parties understand and agree that each is <br />executing this version of the Agreement, titled "EXECUTION VERSION 1.0, MAY <br />18, 2006" ("Execution Version") and that each Party has a copy of this Execution <br /> <br />1 <br />