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�r <br />r <br />ble to the CITY unless the MTY shall have constructed jareter <br />treatment plant in the south or north county only or unless the COUNTY shall have <br />capacity rights in any plants constructed by others in the south or north county <br />only, subsequent to the date of this Agreement; provided also that any such <br />capacity reimbursement must be reasonable and feasible, both technically and <br />economically. The COUNTY shall provide such capacity to the CITY. after being <br />given not less than 48 months notice of the CITY'S request for such capacity. <br />3. Should South Beach or any portion thereof be annexed into the CITY <br />before the CITY requests capacity from the COUNTY, or should South Beach or <br />any portion thereof be annexed into the CITY within 48 months after a request for <br />capacity has been made, the COUNTY'S responsibility under this Agreement shall <br />cease for the portion annexed. If annexation takes place more than 48 months after <br />a request for capacity has been made, the rights of the parties under this <br />Agreement shall not be affected by such annexation. <br />4. Customers within the franchise territory now authorized by the COUNTY <br />for H.U.I., Angler's Cove, and Seminole Shores may be provided wastewater <br />service by the CITY without the payment of a COUNTY wastewater impact charge. <br />All future wastewater customers lying outside the above mentioned franchised <br />areas will be required to pay the COUNTY wastewater impact charge if the CITY <br />asks the COUNTY for replacement wastewater plant capacity to cover such <br />additional customers. <br />5. Any right of the CITY to request capacity reimbursement under this <br />Agreement shall expire after 10 years from the date of this Agreement. <br />6. The power and responsibility to determine rates, standards and quality of <br />service, and any othr aspects of wastewater service shall be the CITY'S. <br />ATTEST: BOARD OF COUNTY <br />COMI IONERS OF INDIAN RIVER <br />CO TY, FLORIDA <br />Freda 4dr„i�h�1�Q. teJ�JyCsut� <br />Clerk thpo /j Z X, . <br />piaryiFjanaenDUrg <br />Coun Attorney <br />ATTEST: <br />CityjClerk <br />Approved as to form <br />and legal sufficiency: <br />C.) <br />City Attorney <br />ratricK Lyons,- <br />yonChairman <br />Chairman <br />1LNl(�(JcY <br />. <br />Michael Wright <br />County Administra <br />OF VERO BEAC FLORIDA <br />Approved as to technical <br />Requirements: <br />City D.'Ia'hager <br />-2- <br />BOOK 59 F�u.9'11 <br />J <br />