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Section 11. Manner of Service. In performance of this Franchise Agreement COUNTY shall: (a) Provide reclaimed water utility services to customers in the Service Area. (b) Operate, regularly maintain, and promptly repair when necessary the reclaimed water utility facilities and systems in order to continue adequate service to the Service Area. (c) Deal with customers in the Service Area in a manner no less favorable than COUNTY's dealings with its customers served. Section 12. Capital Improvement Plan. COUNTY shall annually provide the draft of its detailed Five (5) year capital improvement plan, specific to reclaimed water utility systems within the Service Area, to the INDIAN RIVER SHORES Town Manager and Town Planner for review and comment. Such comments shall be provided to COUNTY within Thirty (30) days for consideration in its completion of the capital improvement plan, which plan shall thereafter be provided to INDIAN RIVER SHORES Town Manager. Section 13. Reclaimed Water Utility System Infrastructure Plan. Within three years of the Effective Date of this Franchise Agreement, COUNTY shall prepare a reclaimed water utility system infrastructure plan detailing how COUNTY plans to expand and provide reclaimed water to future users in INDIAN RIVER SHORES. Section 14. Right of First Refusal. COUNTY shall have the right of first refusal t _serve recl ed water within the Service Area. Under the right of first refusal) shall have the t to serve any portion of the Service Area, so Ion COUNTY is able to design the infras re improvements necessary fPtwo ch�ithin five years of the Effective Date of this Fra ise Agreement, or w' iyears of receiving a request for service within the Service Area, ' at re st occurs five years after the Effective Date of the Franchise Agreement. No of i may provide service in the Service Area, unless a request has been provided to COGN and COUNTY is unable to meet the requirements of this sec' If any other entity is gran , the right to service reclaimed water within a p n of the Service Area and is unable to de 'gra such services within two year , -COUNTY shall have the right to provide reclaimed to that portibn-of_th_e Service Section 15. Location of Facilities. All reclaimed water utility system facilities shall be so located and so constructed as to interfere as little as practicable with traffic over the streets, alleys, bridges, and public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all such facilities shall be made under the supervision and with the approval of such representatives as the governing body of INDIAN RIVER SHORES may designate for the purpose, but not so as unreasonably to interfere with the proper construction, maintenance, repair, or operation of the reclaimed water utility systems by COUNTY. When any portion of a street is excavated by COUNTY in the location or relocation of any utility facilities, the portion of the street so excavated Page 4 of 7 63