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WATER, WASTEWATER AND RECLAIMED WATER FRANCHISE AGREEMENT <br />BETWEEN <br />THE CITY OF FELLSMERE, FLORIDA <br />AND <br />INDIAN RIVER COUNTY, FLORIDA <br />THIS WATER, WASTEWATER AND RECLAIMED WATER FRANCHISE <br />AGREEMENT (hereinafter "Franchise Agreement") is entered into as of the4th day of <br />December , 2018, (hereinafter "Effective Date") by and between the City of Fellsmere, <br />Florida (hereinafter "FELLSMERE") and Indian River County, Florida (hereinafter <br />"COUNTY"). <br />WHEREAS, FELLSMERE is a municipal corporation duly incorporated, validly <br />existing, and in good standing under the laws of the State of Florida, with all <br />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, water, <br />wastewater and reclaimed water utility services; and <br />WHEREAS, FELLSMERE and COUNTY desire to enter into a Water, <br />Wastewater, and Reclaimed Water Franchise Agreement, which will allow COUNTY to <br />provide water, wastewater and reclaimed water utility services,within those portions of <br />the corporate limits of FELLSMERE in which it is more beneficial for the COUNTY to <br />serve; <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 <br />other 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 />Section 2. Conditions Precedent. Notwithstanding anything to the contrary contained <br />herein, this Franchise Agreement shall not become effective until and unless the <br />appropriate franchise ordinance or resolution is formally adopted by the City Council of <br />FELLSMERE approving this Franchise Agreement and granting to COUNTY the <br />Franchise contemplated herein. <br />Section 3. Franchise Grant. FELLSMERE hereby grants to COUNTY, with all rights <br />and privileges attendant thereto, an exclusive Franchise to construct, maintain, and <br />Page 1 of 7 <br />