2022-106A - Laserfiche WebLink

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Section 4. Quality of Reclaimed Water: The COUNTY will provide reclaimed water meeting the standards set forth by FDEP as defined in the COUNTY's Wastewater Treatment Facility (WWTF) Operating Permits Reclaimed Water. Sampling for conformance with reclaimed water quality shall be performed at the location and frequency defined in the FDEP WWTF Operating Permits at no cost to INDIAN RIVER CLUB. Only reclaimed water meeting FDEP water quality standards will be delivered to the Property. Section 5. Property to be Served: INDIAN RIVER CLUB shall use the reclaimed water only on the Property described in Exhibit "B", attached hereto and incorporated by reference, referenced as Parcel 1 - Parcel "A", Parcel 1 — Parcel "B". Parcel 1 — Parcel "C" and Parcel 2. Section 6. Prohibition on Use of Other Water Resources: Notwithstanding anything to the contrary, herein INDIAN RIVER CLUB shall no longer use groundwater for irrigation except for wells already permitted by SJRWMD for use as backup. Otherwise, INDIAN RIVER CLUB shall relinquish any rights to such use and transfer such rights to be used as credits by COUNTY as permitted by law. Section 7. Fees and Charges: (a) INDIAN RIVER CLUB shall pay the current charged rate of $0.15 per 1,000 gallons for reclaimed water delivered to the Property up to 200,000 gallons per day until December 31, 2022. From January 1, 2023, to December 31, 2023, INDIAN RIVER CLUB shall pay a rate of $0.18 per 1,000 gallons for reclaimed water delivered to the Property up to 200,000 gallons per day. Beginning January 1, 2024, INDIAN RIVER CLUB shall pay the prevailing rate, which currently is $0.22 per 1,000 gallons for reclaimed water delivered to the Property up to 200,000 gallons per day. Any additional acceptance per Section 1 in excess of 200,000 gallons per day of reclaimed water supplied by COUNTY shall not be charged to INDIAN RIVER CLUB. The Parties agree that beginning January 1, 2025, the Parties have the right to renegotiate the charged rate. (b) Except as set forth in subsection (a) above, the COUNTY shall have the sole and exclusive right to set fair and reasonable fees and charges for reclaimed water (usually expressed in terms of dollar amount per thousand gallons). The reclaimed water fees and charges may be changed at any time at the sole discretion of the COUNTY and such charges shall apply to INDIAN RIVER CLUB and this Agreement at the time of such change. (c) INDIAN RIVER CLUB shall be invoiced according to the COUNTY's normal billing practices for water customers. INDIAN RIVER CLUB shall pay interest at the rate in place at the time of any past due amounts from the date the amount came due until the date paid. Written or verbal notice of delinquency is not required for the interest to accrue. Section 8. Reserved: Section 9. Term: -.The term of this Agreement is twenty (20) years beginning on the Effective Date, as provided above. This Agreement -shall be renewed automatically for successive 10 -year terms at the expiration of Page 3 of 6 F:\Utilitim\00—UTlLlTY- AGENDA TEMPLATE & GUIDELINES\2022 Agenda lk=\060722 BCC Agenda ItermVndian River Club Reuse AgreemenAIndinn River Club Rca Agreement 05192021doc