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2. Owner shall utilize re -use water for golf course irrigation - purposes, Notwithstanding anything to the contrary, Owner shall, subject to the terms of the Consumptive Use Permit, have the right to use ground water to irrigate the golf course to the extent there is insufficient re -use Ater available to Owner. Owner shall have the right to permit Indian River Club Community Association, Inc. (the "Association") to utilize the re -use water for irrigation, The Owner may require the Association to pay a portion of the costs incurred by Owner for the acquisition and use of re -use water. 3. The term of this Agreement is ten years. This Agreement shall be renewed automatically for successive ten-year terms at the expiration of any preceding term, unless any party notifies the others of cancellation by written notice not less than 90 calendar days in advance of the expiration date of the preceding term. 4. County shall install a re=use water meter at a mutually agreeable point of delivery on Owner's property to monitor the volume of re -use water delivered to Owner and shall allow County access to meter for maintenance reasons. County shall install, at the site of the meter, water flow control facilities which can be utilized by Owner in controlling the acceptance of re- use water to be stored in Owner on-site storage pond. The cost of the re -use water meter and water control facilities will be paid by Owner.' 5. County will allocate a volume of 300,000 gallons of re -use water per day for Owner. Owner shall control the volume of re -use water accepted, stored and utilized by Owner. Notwithstanding anything to the contrary, Owner shall not be obligated to accept re -use water which does not meet the standards set forth in section 7 below, or at any time the Owner's storage ponds are at or nearing capacity. In such event the County shall use other disposal alternatives reasonably available to the County. If the County determines in its sole discretion that it does not have sufficient quantities of re -use water to service all of its re -use water customers, then the County shall make available to the Owner the first Three Hundred Thousand (300,000) gpd- 6. There shall be no charge to Owner for the re -use water during the initial term of this Agreement. Thereafter, any re -use water provided to Owner shall be the then current rate for re -use water as established and approved by the Board of County Commissioners. The rate charged shall be reasonable and nondiscriminatory. The rate shall be no greater than the approximate cost to County of producing and providing re -use water to users thereof. Such costs shall be fairly allocated to the provision of re -use water and wastewater treatment. 7. County warrants that the re -use water has been treated by a method sufficient to rdmove harmful levels of bacteria, viruses, and other constituents which would pose a danger to human health or cause it to be unsuitable for purposes of irrigating said golf course and meets EPA and FDER standards. When the County determines that the re -use water has dropped below the applicable governmental standards it shall not thereafter deliver the re -use water to the Owner until it has retested the re -use water and determines the re -use water meets the applicable governmental standards. County shall, immediately after it determines the re -use water fails to melt the standards set forth in this section, use its best efforts to repair the wastewater system to permit the County to deliver re -use water that meets the applicable governmental standards. Agreement For the Delivery or Re -Use Water Page -2- 154