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(e) Deal with customers in the Service Area in :a :manner no. less favorable <br />than VERO BEACH'S dealings with its customers served :inside its own corporate <br />boundaries <br />Section -14. .Capital. lmprovement Plan. VERO BEACH. shall annually provide the <br />draft:hof its =detailed Five- (5) year .capital itnproyerpent plan,::apeetfc: to .the water, <br />wastewater; and reuse water utility systems. within ::.the. Service; Area, :to the INDIAN <br />RIVER. SHORES Town Manager and Town.: Planner:for; review :.and .,comment. Such <br />comments 'shall be provided to VERO BEACH w thin Thirty,:(3b) days fort.constderation <br />in its completion of the capital improvement plan, which.- planshall thereafter. be <br />provided to INDIAN RIVER SHORES Town Manager <br />Section 15.. Location of .Facilities: All water,: wastewater,_ and reuse.. water Utility <br />systefacilities shall be so located and .so constructed; as :to.:interfere <br />m as little as <br />practicable with traffic over the streets alleys;..bridges. ):and public_ places; and With <br />reasonable- egress from and ingress 16 abutting :property. _.The location :Or :relocation of <br />all such facilities. shall be made under .the. supervisiovv;and::with'the :approval of such <br />representatives. as the governing body of INDIAN: RIVER SHORES: rnay.designate for <br />the:..purpose;=but not so as unreasonably to, interfere- With -the proper construction, <br />-maintenance, repair; or operation of the water wastewater .:or- reuse-. water .utility <br />systems by VERO BEACH. When any . portion of : a street-. is.:: excavated by :VERO <br />BEACH in the .location or relocation -of any. Utility:facilitie$ .the portion of_the street so <br />exeavated shall,: • within a reasonable time and :: as. =early :as.. practicable -:after such <br />excavation, be ;replaced byVERO BEACH at its: expense, and in:as-good condition: as it <br />wsat; the time of such: excavation Provided, however;•:=that:nothing-;;herein contained <br />shall: be construed to make INDIAN -.RIVER. SHORES:tiable..tO VERO BEACH.. for any <br />cost ar:expense.in:connection with the .construction :.reconstruction :repair Or 'relocation <br />of The utility facilities: in streets,.highways, or other public places made:necessary-by the <br />*ening, grading,, paving or otherwise improving by:INpIAN:RNER:.SHORES of any of <br />the .present:;or future streets, avenues, alleys, .bridges,: highways :.easements . or :other <br />public +.places used. or occupied by VERO BEACH; l.except,: however; VERO BEACH <br />shall be entitled to reimbursement of its costs as they Joe. provided. by' law. <br />Section 16.::Liability and Indemnification. INDIAN RIVER SHORES -shall: in no:way <br />balite or:responsible for any accident or damage that:rnay:occur:111 he construction, <br />maintenance,: or operation by VERO BEACH- of the .utility -facilities: hereunder, and the <br />acceptance of this Franchise. shall be. deemed.. an agreement,: on ._thepart- of VERO. <br />BEACH to :indemnify INDIAN RIVER SHORES:and: hold: it,harrrmless _against:any and all <br />liability; loss, cost, damage or expense which may accrue:to :1ND.IAN RIVER SHORES <br />by; reason of the negligence or misconduct of VERO BEACH tin .:the construction,. <br />maintenance, repair or operation. of the water, wastewater, or reuse water utility <br />systems pursuant to this Franchise Agreement. <br />Section 17 Quantity of Reuse Water. VERO BEACH shall .'commit to providing a <br />minimum of 2.4 MGD annual average daily flow (ADF) of reuse water capacity to <br />Page 6of9 <br />98 <br />