Laserfiche WebLink
AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER <br /> BETWEEN _� <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> INEOS NEW PLANET BIOENERGY LLC <br /> THIS AGREEMENT made this 6th day of March 2012 by and between INDIAN RIVER <br /> COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street, Vero <br /> Beach , Florida 32960 ( hereinafter the COUNTY) and INEOS NEW PLANET BIOENERGY LLC a <br /> Florida limited liability company , the address of which is 925 74`h Avenue SW , Vero Beach , Florida <br /> 32968 -9702 ( hereinafter the DEVELOPER) . <br /> WITNESSETH : <br /> WHEREAS , the COUNTY operates and maintains publicly owned wastewater treatment <br /> facilities which produce irrigation quality wastewater effluent ( hereinafter referred to as "Reclaimed <br /> Water") as that term defined is by the Florida Department of Environmental Protection ("FDEP") for <br /> irrigation purposes ; and ; <br /> WHEREAS , the DEVELOPER owns and maintains a bioethanol producing/electricity generating <br /> plant to be known as INEOS New Plant Bioenergy Centre (the "Facility") and located on property more <br /> particularly described in Exhibit ` A ' , attached hereto (the "Property") ; and <br /> WHEREAS , the DEVELOPER is the owner of land within the County ' s wastewater service area <br /> and wishes to utilize Reclaimed Water for cooling purposes at the Facility on the Property ; and <br /> WHEREAS , in compliance with the conditions of issuance of the FDEP Permit, NPDES Permit <br /> and the St . Johns River Water Management District ( " SJRWMD") Permit ( Consumptive Use Permit) . <br /> DEVELOPER understands that, if required , it is DEVELOPER ' S responsibility to obtain all necessary <br /> SJRWMD and other permits for using Reclaimed Water at the Facility and use of Reclaimed Water shall <br /> be in accordance with the conditions of said permits ; and <br /> WHEREAS , the DEVELOPER desires to utilize Reclaimed Water at its Facility and the <br /> DEVELOPER will utilize the Reclaimed Water in accordance with the terms of this Agreement, its <br /> SJRWMD Consumptive Use Permit, and any other required permits ; and <br /> NOW , THEREFORE , for and in consideration of the premises and other good and valuable <br /> consideration , the COUNTY and DEVELOPER agree to the following conditions : <br /> 1 . Recitals . The foregoing recitals are correct and are hereby incorporated by reference . <br /> 2 . Date of Delivery , Terms of Delivery and Acceptance : <br /> a . The COUNTY will deliver Reclaimed Water for the benefit of DEVELOPER at a <br /> mutually agreeable point and at a date in the future to be specified by the DEVELOPER. <br /> b . The DEVELOPER , at its own expense, shall install the transmission line , control valves , <br /> remote monitoring & telemetry system , if necessary , and associated appurtenances that are between the <br /> Reclaimed Meter, as defined below, and the COUNTY ' S reclaimed water main located on 74t1i Avenue , <br /> Page I of' 10 <br /> W13BDOCS 7977917 10 <br />