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r«iaLAvI si6-Y'LD <br />Section 11. Manner of Service. In performance of this Franchise Agreement COUNTY <br />shall: <br />(a) Provide reclaimed water utility services to customers in the Service Area. <br />(b) Operate, regularly maintain, and promptly repair when necessary the <br />reclaimed water utility facilities and systems in order to continue adequate service to the <br />Service Area. <br />(c) Deal with customers in the Service Area in a manner no less favorable than <br />COUNTY's dealings with its customers served. <br />Section 12. Capital Improvement Plan. COUNTY shall annually provide the draft of its <br />detailed Five (5) year capital improvement plan, specific to reclaimed water utility systems <br />within the Service Area, to the INDIAN RIVER SHORES Town Manager and Town <br />Planner for review and comment. Such comments shall be provided to COUNTY within <br />Thirty (30) days for consideration in its completion of the capital improvement plan, which <br />plan shall thereafter be provided to INDIAN RIVER SHORES Town Manager. <br />Section 13. Reclaimed Water Utility System I nfrastructure Plan. Within three <br />years of the Effective Date of this Franchise Agreement, COUNTY shall prepare a <br />reclaimed water utility system infrastructure plan detailing how COUNTY plans to <br />�-e-xpand and provide reclaimed water to future users in INDIAN RIVER SHORES. <br />F Section 14. Right of First Refusal. COUNTY shall have the right of first refusal to serve] <br />reclaimed water within the Service Area. Under the right of first refusal, COUNTY shall <br />have the right to serve any portion of the Service Area, so long as COUNTY is able to <br />design the infrastructure improvements necessary for such service within five years of the <br />Effective Date of this Franchise Agreement and substantially complete construction <br />of said infrastructure improvements within fivet-hree years of permit issuance by the <br />Florida Department of Environmental Protection . If COUNTY receives a <br />request for service within the Service Area five years after the Effective Date of this <br />'Franchise Agreement. COUNTY shall have the right to serve any aortion of the <br />Service Area, so lonq as COUNTY is able to design the infrastructure <br />improvements necessary for such service within two years of receiving such <br />request for service and substantially comaletes construction of said <br />infrastructure improvements within five three years of permit issuance by the Florida <br />Department of Environmental Protectiondesign ^^''' plethen, or vithin DNo years of <br />receiving a request for service \Vwithin the Service Area, if that request occurs five <br />years after the Effective Date of the Franchise Agreement. No other entity may <br />provide service in the Service Area, unless a request has been provided to <br />COUNTY and COUNTY is unable to meetthe requirements of this section. If any other <br />entity is granted the rig htto service reclaimed water within a portion of the Service Area <br />and is unable to design such services within two years, COUNTY shall have the right I <br />I to provide reclaimed tothat portion oftheServiceArea. J <br />Section 15. Location of Facilities. All reclaimed water utility system facilities shall be <br />so located and so constructed as to interfere as little as practicable with traffic over the <br />streets, alleys, bridges, and public places, and with reasonable egress from and ingress <br />Page 4 of 7 60 —� <br />To <br />