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<br />RESOLUTION NO. 2009- ~ <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, APPROVING <br />EASEMENT AGREEMENTS WITH FLORIDA POWER AND <br />LIGHT COMPANY ("FPL") FOR RIGHTS-OF-WAY WITHIN <br />172ND STREET FOR UNDERGROUND CONVERSIONS; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE SAID <br />AGREEMENTS IN SUBST ANTI ALL Y THE SAME FORM AS <br />THE ATTACHED EXHIBIT "A"; AUTHORIZING THE CITY <br />MANAGER TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, pursuant to Ordinance number 2006-269 Section 250-23 of the Code of the <br />City of Sunny Isles Beach, connection is required to the underground electric facilities when <br />available and disconnection from overhead telephone and cable television facilities when <br />underground facilities are available; and <br /> <br />WHEREAS, Florida Power and Light Company ("FPL") is in the process of converting <br />certain overhead distribution facilities located within 172nd Street to underground facilities, and <br />has further requested that certain of the underground facilities be placed in certain of the City's <br />road rights-of-way; and <br /> <br />WHEREAS, to accomplish this objective, FPL requires Easement Agreements with the <br />City in order to place certain underground facilities in the City's road rights-of-way. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified <br />and confirmed as being true and the same are hereby made part of this Resolution. <br /> <br />Section 2. Approval of Easement Agreement. The City Commission of the City of Sunny <br />Isles Beach hereby provides the City Manager with the authority to execute Easement <br />Agreements for underground conversion with FPL in substantially the same form as the attached <br />Exhibit "A". <br /> <br />Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all <br />things necessary to effectuate the terms of this Resolution. <br /> <br />Section 4. Effective Date. This Resolution will become effective upon adoption by the City <br />Commission. <br /> <br />R2009 - FI'L Easement Agreement 172"" Street <br /> <br />Page I of 2 <br />