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02/20/2018 (2)
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02/20/2018 (2)
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Last modified
1/11/2021 12:39:51 PM
Creation date
4/4/2018 2:55:49 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/20/2018
Meeting Body
Board of County Commissioners
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Section 6. Developer Agreements. COUNTY shall have the authority to enter into <br />agreements with developers of real estate projects and other consumers within the <br />Service Area. Developer agreements entered into by COUNTY shall be fair, just, and <br />non-discriminatory, and generally have the same content as developer agreements for <br />projects within the unincorporated areas of the COUNTY and shall require consent of <br />INDIAN RIVER SHORES. Such agreements may include but are not limited to provisions <br />relating to: <br />(a) Advance payment of contributions in aid of construction to finance water, <br />wastewater, or reclaimed water utility system expansion and/or extension. <br />(b) Revenue guarantees or other such arrangements as may make the <br />expansion/extension self supporting. <br />(c) Capacity reservation fees. <br />(d) Pro rata allocation of water and wastewater plant expansion/main extension <br />charges between two or more developers. <br />Section 7. Franchise Service Area Boundary Changes. The Service Area covered by <br />this Franchise Agreement may be expanded or contracted to include or exclude lands by <br />amendments between INDIAN RIVER SHORES and COUNTY approved by the INDIAN <br />RIVER SHORES Town Council and the COUNTY Board of County Commissioners. <br />Section 8. Easements and Other Rights. COUNTY shall have all rights, privileges, <br />easements, licenses, leaseholds, prescriptive rights, and rights to use public and private <br />roads, rights-of-way, highways, streets, and other areas owned, held, and/or used in <br />connection with the construction, reconstruction, installation, maintenance, and operation <br />of the reclaimed utility systems (collectively "Easements"). INDIAN RIVER SHORES will <br />assist COUNTY in obtaining any such Easements needed by COUNTY for performance <br />of this Franchise Agreement. Any expense incurred by INDIAN RIVER SHORES in <br />providing such assistance shall be reimbursed by COUNTY. <br />Section 9. Consideration. In consideration of the Franchise and the other rights and <br />privileges granted herein to COUNTY, COUNTY shall provide, at its own expense, <br />maintenance, repairs, and replacements of the reclaimed water utility facilities used by <br />COUNTY in its performance of this Franchise Agreement. <br />Section 10. Service Standards. COUNTY shall construct, maintain, and operate all <br />reclaimed water facilities and systems in accordance with the applicable regulations of <br />the Federal Government and the State of Florida, as well as meet all level -of -service <br />standards pursuant to applicable comprehensive plans. <br />Page 3 of 7 <br />62 <br />
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