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('otutly Atlot-rney's Mauets- 10.08.lj <br /> Office of 13 A <br /> �-- <br /> INDIAN RIVER COUNTY <br /> A <br /> 40 ATTORNEY <br /> D)lan Reingold,County Attorney <br /> Wilham K.DeBraal,Deputy County Attorney <br /> MEMORANDUM <br /> TO: Board of County Commissioners <br /> FROM: Dylan Reingold, County Attorney <br /> DATE: September 3, 2013 �k <br /> SUBJECT: Hawk's Nest/Indian River County Re-Use Water Agreement <br /> BACKGROUND. <br /> In 1987, Indian River County and Hawk's Nest Associates, Ltd. entered into an agreement for the delivery <br /> and use of reclaimed water at the Hawk's Nest Golf Club (the "Agreement"). In the Agreement, the <br /> County agreed to deliver and Hawk's Nest Associates, Ltd. agreed to accept 1,000,000 gallons of water <br /> per day of reclaimed water. 700,000 gallons of water per day would be without cost to Hawk's Nest <br /> Associates, Ltd. and the additional 300,000 gallons of water per day would be at a charge. The <br /> Agreement was for 40 years, and will be in effect until at least 2027. <br /> For the past two years, the County Attorney's Office, in consultation with the Utilities Department, has <br /> been communicating with Hawk's Nest Golf Course, Inc. concerning the validity of the Agreement, <br /> specifically with respect to the legal authority to bind the County to providing 700,000 gallons of per day <br /> of reclaimed water for free for 40 years. The issue for the County is the ability to recoup the costs for <br /> providing the reclaimed water. These communications have culminated in a letter dated February 27, <br /> 2013, from Steve Henderson to Vincent Burke,in which he states the following: <br /> Indian River Co. Appr4kved Date <br /> Approved for October 8,2013 BCC Meeting Admin. JO 3 <br /> County Attorney's Matters Co.Atty. <br /> Budget <br /> Department ISO <br /> COUNTYATTORNEY Risk Management --. -. <br /> iWurvVlid+KiEVFAAGBCL11,tinde�&>ae Ur nn Hmi',Nea Reay.annl/dr <br /> 178 <br />