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I <br />TEMPORARY EMERGENCY 14ATER SERVICE AGREEMENT <br />MID -FLORIDA UTILITIES, INC., a Florida corporation, (Mid - <br />Florida), the CITY OF VERO BEACH, a municipal corporation of the <br />State of Florida, (City), and INDIAN RIVER COUNTY, FLORIDA, (County), <br />hereby agree as follows, this day of April, 1978: <br />WHEREAS, Mid -Florida provides from its own well -fields water to <br />a service territory adjacent to and south of the city limits of.the <br />City; and, <br />WHEREAS, Mid -Florida is experiencing customers' demand for <br />water in excess of its well field capacity at this time due to the <br />lack of sufficient rainfall to recharge said well fields; and, <br />WHEREAS, Mid -Florida and the County have requested that the <br />City supply water to Mid -Florida as temporary emergency service; and, <br />WHEREAS, the City agrees to supply water only under the terms <br />and conditions as are stated herein;. <br />NOW, THEREFORE, the parties hereto -agree as follows: <br />1. The City shall..have no responsibility to provide any <br />services to the service territory of Mid -Florida except as specified <br />in this agreement. <br />2. The City makes no guaranty of water quality, availability <br />of any quantities of water at any pressure for any usage whatsoever, <br />including fire fighting. <br />3. Any water to be provided hereunder by the City to Mid - <br />Florida shall be subject to the availability of said water in the <br />City'.s water system utilizing only the City's present well fields and <br />present water treatment plant, and shall be available only when said <br />capacity, or any part thereof, can be provided by the City to Mid - <br />Florida without requiring any of the City's current or future water <br />.customers to restrict or curtail, even slightly, their usage of City <br />water. <br />4e Mid -Florida hereby grants the City all rights needed to <br />connect to the Mid -Florida system at the three.(3) locations noted <br />below. <br />5. Mid -Florida assumes all responsibility for any and all <br />damage, loss, or destruction to any part or all of Mid -Florida's <br />APR 19 1978 - <br />BOOK <br />A <br />f <br />'34 PAurF 3 S <br />