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2. Conditions Precedent to Placement of Underground Facilities in <br /> ROW <br /> (a) Local Government 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 /> (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 /> 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 /> Page 2 of 6 <br /> II <br />