HomeMy WebLinkAbout2026-004SECOND AMENDMENT TO WATER, WASTEWATER AND RECLAIMED WATER
FRANCHISE AGREEMENT
BETWEEN
THE CITY OF FELLSMERE, FLORIDA
AND
INDIAN RIVER COUNTY, FLORIDA
THIS SECOND AMENDMENT TO WATER, WASTEWATER AND RECLAIMED
WATER FRANCHISE AGREEMENT (hereinafter "Amendment") is entered into as of the
13 th day of January , 2026, (hereinafter "Effective Date") by and between the
City of Fellsmere, Florida (hereinafter "FELLSMERE") and Indian River County, Florida
(hereinafter "COUNTY").
WHEREAS, on December 4, 2018, FELLSMERE and COUNTY entered into a
Water, Wastewater, and Reclaimed Water Franchise Agreement (the "Agreement'),
which allowed COUNTY to provide water, wastewater and reclaimed water utility services
within those portions of the corporate limits of FELLSMERE in which it is more beneficial
for the COUNTY to serve;
WHEREAS, on March 26, 2019 FELLSMERE and COUNTY entered into the First
Amendment to the Agreement;
WHEREAS, FELLSMERE and COUNTY wish to expand the Service Area set forth
in the Agreement to include the property described in the attached Exhibit "A",
NOW, THEREFORE, in consideration of the foregoing and the mutual benefits to
be derived from compliance by the parties with the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties, the parties agree as follows:
Section 1. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are
adopted and incorporated herein.
Section 2. Franchise Service Area Boundary Change. Pursuant to section 9 of the
Agreement, the Service Area is expanded to include the property described in the
attached Exhibit "A".
Section 3. Other Agreement Provisions. All other provisions of the Agreement shall
remain in full force and effect.
Section 4. Effective Date. This Amendment shall be effective when the property
described in Exhibit "A" is connected to water and sewer.
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IN WITNESS THEREOF, the parties have set their hands and seals the date
entered below.
ATTEST:
6&. Lofdy':4 —
Maria Suarez- nchez
City Clerk
(SEAL)
Reviewed as to form and legal
sufficie cy:
Warren W. Dill
City Attorney
CITY OF FELLSMERE
By: I AL-" - - -
Je ica Salgado
Ma or
Date: 1. a a
BOARD OF COUNTY COMMISSION1,Vj s; .
INDIAN RIVER COU Y, FLORIDA
By:
beryl Loar Chairman,*..
Date: January 13, 2026 'L9��FRcouNs �'
Approved by BCC: January 13, 2026
ATTEST:
Ryan Butler, Clerk of Circuit Court and
Comptroller
By: ti�IaL 11
Deputy Clerk
APPROVED BY:
John A. Titkanich, Jr. County Administrator
APPROVED AS TO FORM AND LEGAL
SYFFICI NCY
isotp er Hicks, Assistant County Attorney
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