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.FEB 2 0 1985 BOOK 59 P,3ku, 990 City Atty. 2/26/85 (30) AGREEMENT THIS AGREEMENT, dated this —� day ofG/b. , 19859 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960-3394, hereinafter referred to as "COUNTY", and CITY OF VERO BEACH, a municipal corporation organized under the laws of the State of Florida, P. O. Box 1389, Vero Beach, Florida 32961-1389, hereinafter referred to as "CITY", WITNESSETH: WHEREAS, the CITY operates a wastewater treatment plant which provides service to the City of Vero Beach and certain surrounding unincorporated areas, which latter areas are serviced under agreements with the COUNTY, and WHEREAS, Hutchinson Utilities, Inc. (H.U.I.) is a franchisee of the COUNTY and operates its own wastewater treatment plant on the South Beach, "South Beach" being defined as that unincorporated area south of the City limits on the barrier island to the St. Lucie County line, and WHEREAS, the customers being served by H.U.I. have expressed a desire to buy the franchise, and in turn, be provided wastewater service by the CITY, and WHEREAS, the CITY is agreeable to providing this service subject to certain conditions, NOW THEREFORE, for and in consideration of the mutual covenants contained in this Agreement, the COUNTY and the CITY agree as follows: 1. In the event H.U.I. customers are successful in effecting a purchase of the H.U.I. system, then the CITY may provide wastewater service to the area covered by the Hutchinson Utilities, Inc. franchise and to any other area on the South Beach not covered by an exclusive COUNTY franchise, or if such an exclusive franchise exists, the CITY may provide this service with the franchise holder's consent. Any area served by the CITY under this Agreement shall become the permanent service territory of the CITY for wastewater service. 2. The COUNTY shall return to the CITY, at some time in the future, capacity now reserved for the COUNTY in the CITY wastewater treatment plant, in an amount sufficient to replace the capacity which will be used to serve the customers of H.U.I. and/or customers of such other previously existing south beach franchises as may in the future be agreed upon for service by the CITY and the franchise holder pursuant to paragraph 1 of this Agreement, such capacity to be available from a reduction in the capacity reserved for the COUNTY in the CITY'S wastewater treatment plant; provided that such capacity reimbursement shall not 84