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RECLAIMED WATER FRANCHISE AGREEMENT <br />BETWEEN <br />THE TOWN OF INDIAN RIVER SHORES, FLORIDA <br />AND <br />INDIAN RIVER COUNTY, FLORIDA <br />THIS RECLAIMED WATER FRANCHISE AGREEMENT (hereinafter "Franchise <br />Agreement") is entered into as of the day of , 201 , (hereinafter <br />"Effective Date") by and between the Town of Indian River Shores, Florida (hereinafter <br />"INDIAN RIVER SHORES") and Indian River County, Florida (hereinafter "COUNTY"). <br />WHEREAS, INDIAN RIVER SHORES is a municipal corporation duly <br />incorporated, validly existing, and in good standing under the laws of the State'of Florida, <br />with all governmental, corporate, and proprietary powers to enable it to conduct municipal <br />government, perform municipal functions, and render municipal services and, consistent <br />therewith, has the power and authority to execute and deliver this Franchise Agreement <br />and to carry out its obligations hereunder; and <br />WHEREAS, COUNTY is in the business of furnishing, inter alia, reclaimed water <br />utility services; and <br />WHEREAS, INDIAN RIVER SHORES and the City of Vero Beach entered into a <br />Water, Wastewater, and Reuse Water Franchise Agreement, dated October 1, 2012, <br />("Vero Beach Franchise Agreement") for the City of Vero Beach to provide water, <br />wastewater and reclaimed water utility services within the corporate limits of INDIAN <br />RIVER SHORES; and <br />WHEREAS, pursuant to the Vero Beach Franchise Agreement, INDIAN RIVER <br />SHORES has the right to grant non-exclusive reclaimed water franchises to customers <br />not currently being served by the City of Vero Beach and reclaimed water franchises <br />within the John's Island community; and <br />WHEREAS, COUNTY and John's Island Water Management, Inc. and COUNTY <br />have entered into an Agreement for the Delivery of Reclaimed Water Between Indian <br />River County, Florida and John's Island Water Management, Inc., dated December 5, <br />2017, (the "Agreement") for a twenty-five year term, <br />NOW, THEREFORE, in consideration of the foregoing and the mutual benefits to <br />be derived from compliance by the parties with the covenants contained herein, and other <br />good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged by the parties, the parties agree as follows: <br />Section 1. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are <br />adopted and incorporated herein. <br />Page 1 of 7 <br />60 <br />