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<br />I ' <br /> <br />2. Conditions Precedent to Placement of Underground Facilities III <br /> <br />ROW <br /> <br />(a) Local Governn1ent covenants, represents and warrants that: <br />(i) Local Government has full legal right and authority to enter into <br />this Agreement; <br />(ii) Local Government has full legal right and authority to take all <br />actions and measures necessary to fulfill Local Government's <br />obligations under this Agreement; <br />(iii) Local Government hereby authorizes the use of the ROW by FPL <br />for the purposes stated herein. <br />(b) All applicable permits for FPL to install, construct, or maintain Underground <br />Facilities in ROW must be issued on a timely basis by the appropriate agency, <br />subject to the timely filing for permits by FPL. <br />(c) Local Government agrees to provide, at its expense, a legal description that is <br />acceptable to FPL of the ROW to be occupied by the Underground Facilities <br />at a time before FPL initiates the design of the Underground Facilities. Said <br />legal description shall be made part of this Agreement and attached as Exhibit <br /> <br />"A". <br /> <br />(d) FPL agrees to identify and document all existing FPL underground facilities <br />within the ROW that will not be included under this Agreement. Local <br />Government shall reimburse FPL's reasonable costs and expenses to deliver <br />said documentation. Said documentation shall be made part of this <br />Agreement and attached as Exhibit "B". <br />(e) FPL warrants that the design of the Underground Facilities to which Local <br />Government has agreed are in compliance with all operational and safety <br />guidelines, codes and standards. FPL and Local Government have mutually <br />agreed upon the location of the facilities within the ROW as per the <br />construction drawings. Said construction drawings shall be attached as <br />Exhibit "C" to this agreement, are part of this agreement, and may be <br />amended to reflect changes to location of facilities as required. <br /> <br />3. Relocation and Rearrangement of FPL Facilities. If the Local <br />Government or other agency with control over the Local Government ROW or Other <br />ROW, for any reason whatsoever, requires that FPL relocate or rearrange, in whole or in <br />part, any Underground Facilities (as they are to exist as a result of this Conversion, or as <br />they may later be modified, upgraded, or otherwise altered) from or within the Local <br />Government ROW or Other ROW, the Local Government, notwithstanding any language <br />to the contrary in any applicable permit or franchise agreement, and prior to any such <br />relocation by FPL, shall provide FPL with a substitute location, satisfactory to FPL, <br />obtain any easements that may be necessary, and shall pay FPL for the costs of any such <br />relocation, adjustment or rearrangement, now or in the future. Local Government shall <br />reimburse FPL for all costs to locate, expose, protect or support the Underground <br />Facilities, whether underground or above ground, in the event of future construction or <br />excavation in close proximity to the Underground Facilities, when such services are <br />required by Local Government or other agency with control over the Local Government <br /> <br />Page 2 of6 <br />