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FIRST AMENDMENT TO WATER, WASTEWATER AND RECLAIMED WATER <br />FRANCHISE AGREEMENT <br />BETWEEN_ <br />THE CITY OF FELLSMERE, FLORIDA <br />AND <br />INDIAN RIVER COUNTY, FLORIDA <br />THIS FIRST AMENDMENT TO WATER, WASTEWATER AND RECLAIMED <br />WATER FRANCHISE AGREEMENT (hereinafter "Amendment") is entered into as of the <br />26thday of March , 2019, (hereinafter "Effective Date") by and between the City of <br />Fellsmere, Florida (hereinafter "FELLSMERE") and Indian River County, Florida <br />(hereinafter "COUNTY"). <br />WHEREAS, on December 4, 2018, FELLSMERE and COUNTY entered into a <br />Water, Wastewater, and Reclaimed Water Franchise Agreement (the "Agreement'), <br />which allowed COUNTY to provide water, wastewater and reclaimed water utility services <br />within those portions of the corporate limits of FELLSMERE in which it is more beneficial <br />for the COUNTY to serve; <br />WHEREAS, FELLSMERE and COUNTY wish to expand the Service Area set forth <br />in the Agreement to include the property described in the attached Exhibit "A"; <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 />Section 2. Franchise Service Area Boundary Change. Pursuant to section 9 of the <br />Agreement, the Service Area is expanded to include the property described in the <br />attached Exhibit "A". <br />Section 3. Other Agreement Provisions. All other provisions of the Agreement shall <br />remain in full force and effect. <br />Section 4. Effective Date. This Amendment shall not be effective until the property <br />described in Exhibit "A' is annexed into FELLSMERE. <br />SIGNATURE PAGE FOLLOWS <br />Page 1 of 2 <br />