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<br />CITY/COUNTY RIGHT-OF-WAY <br />AGREEMENT FOR UNDERGROUND CONVERSIONS <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 /> <br />WHEREAS, Local Government has requested that FPL convert certain overhead <br />electric distribution facilities located within the following boundaries (the "Conversion"): <br />Atlantic Isle west of Collins Avenue (see attached drawings, WR # 3085448) <br />(collectively, the "Existing Overhead Facilities") to underground facilities, including <br />transformers, switch cabinets and other appurtenant facilities some of which may be <br />installed above ground (collectively, the "Underground Facilities") and has further <br />requested that certain of the Underground Facilities be placed in certain of its road rights- <br />of-way ("Local Government ROW'') and/or certain road rights-of-way owned by or <br />under the jurisdiction of other agencies ("Other ROW''). Local Government ROWand <br />Other ROW may be referred to collectively as "ROW"; and <br /> <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 /> <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 /> <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 /> <br />1. The foregoing recitals are true and correct, and are hereby incorporated by <br />reference into this Agreement. <br /> <br />Exhibit "A" <br />