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RECLAIMED WATER AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND SEA OAKS PROPERTY OWNERS ASSOCIATION THIS RECLAIMED WATER AGREEMENT ("Agreement") is made this 6th day of October , 2020 (the "Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27' Street, Vero Beach, Florida 32960 (hereinafter the COUNTY) and SEA OAKS PROPERTY OWNERS ASSOCIATION, INC., a Florida Not -For -Profit Corporation, the address of which is 8811 Highway AIA, Vero Beach, Florida 32963 (hereinafter SEA OAKS). WITNESSETH: WHEREAS, the COUNTY operates and maintains publicly owned wastewater treatment facilities which are capable of producing irrigation quality wastewater effluent (hereinafter referred to as "Reclaimed Water", "Reuse Water" or "IQ Water") as that term is defined by the Florida Department of Environmental Protection (FDEP) for use on grass, woodlands, landscape, pastures, golf courses and other types of approved vegetation; and; WHEREAS, SEA OAKS is the property association for a residential subdivision located at 8811 Highway AIA, in the unincorporated area of Indian River County (the "Property"); and WHEREAS, in 1989, COUNTY and SEA OAKS entered into an Irrigation Agreement; and WHEREAS, the FDEP has already permitted 0.21 millions of gallons per day (MGD) for SEA OAKS at the COUNTY waste water treatment facility; and WHEREAS, COUNTY and SEA OAKS desire to enter into this Agreement in order to supersede the previous Irrigation Agreement; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Section 1. Delivery and Acceptance: (a) The COUNTY will deliver and SEA OAKS agrees to receive non -pressurized reclaimed water at the Property at three mutually agreeable points. SEA OAKS, at its own expense, shall install the necessary reuse facilities from the COUNTY reuse line in the Highway AIA right-of-way to and on the property. The three mutually agreeable points will be installed in a phased approach as follows: Phase 1) Connection with capacity to serve up to 6.5 Million Gallons a Year (MGY) or (0.0178 Million Gallons a Day (MGD) from Highway AlA to SEA OAKS tennis courts system, within 3 months of the Effective Date of this Agreement. Phase 2) Connection with capacity to serve up to 46.9 MGY (0.129 MGD) from the east side of Highway AIA within 1 year of the Effective Date of this Agreement. Phase 3) Connection with capacity to serve up to 103.5 MGY (0.284 MGD) from the west side of Highway AIA with the Effective Date within 24 months from the Effective Date of this agreement. (b) Prior to each connection, SEA OAKS shall install a reclaimed water flow monitoring and recording device (hereinafter referred to as a "reclaimed meter") that meets County's specifications to monitor the volume of reclaimed water delivered to SEA OAKS at each location. The reclaimed meter will be on a mutually agreed upon location on the Property. The COUNTY shall be granted reasonable access to the reclaimed water system and related appurtenances. The reclaimed water system components Page 1 of 6 N:\SOPOA\IRRIGATION - Water Use\RECLARVIED WATER\Sea Oaks Reuse IRC Agreement rev 09_07_2020 FINAL.dce