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n AGREEMFjy'1' FOR THE DEI.,FVERY OF RF. -USE WATER between . INDIAN RIVER COUNTY, FLORIDA and THE INDIAN RIVER CLUB, LTD. THIS AGREEMENT, made this S day of ' .e 199, by and between ' INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is ,1840 25th Street, Vero Beach, FL 32960 (hereafter County), 1 THE INDIAN RIVER CLUB, LTD., a Florida limited partnership, the address of which is 2055 U.S. #I1 S., Vero Beach, FL 32961 (hereafter Owner), WITNESSETH: WHEREAS, County operates and maintains publicly -owned regional wastewater treatment plants producing re -use water which may be used to irrigate citrus groves, pastures, golf courses, urban residential lawns and other properties; WHEREAS, Owner presently owns a golf course that is ]mown as Indian River Club Golf Course, which is more particularly described on Exhibit "A" attached hereto and which can use the re -use water for irrigation; . WHEREAS, in compliance with the conditions of issuance of the St. Johns River Water Management District Permit (Consumptive Use Permit), the Owner understands that using re -use water for irrigation and other purposes before using a higher -quality water source is required in water Conservation Rule 40C -2.301(f) and (g), Florida Administrative Code; WHEREAS, the County has other alternatives available for disposition of re -use water, .including but not limited to spray distribution on wetlands owned by the County; and WHEREAS, the County will make available to Owner re -use water and the Owner will utilize the re -use water in accordance with the terms of this Agreement and the Consumptive Use Permit. NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration including the mutual covenants herein contained, the receipt of which is hereby acknowledged, County and Owner agree as follows: 1. County ,shall deliver and Owner agrees to receive re -use water at Owner's property at a mutually agreeable point. Owner, at its expense, will install a transmission line from the boundary of the tubdivision being developed by Owner to storage ponds located within or adjacent to the golf course. Any such construction shall be in accordance with plans subject to the reasonable approval of the County. Owner and County have entered into an Agreement dated January 19; 1995,te rsuant to which Owner, at the County's cost, will construct a re -use water transmission line. County shall be responsible for acquiring any easements necessary for Owner to construct the transmission line and to connect such transmission line to the boundary of the subdivision being developed by Owner. 153