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AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER BETWEEN INDIAN RIVER COUNTY, FLORIDA AND RED STICK GOLF CLUB INC THIS AGREEMENT made this 5th day of October , 1999 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the COUNTY) and RED STICK GOLF CLUB INC a Florida Corporation, the address of which is 950 Seventeenth Street, #1600, Denver, Colorado 80202 (hereinafter the DEVELOPER). 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 tern defined is 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, the DEVELOPER is installing and maintaining a golf course to be known as RED STICK on property more particularly described in Exhibit 'A', attached hereto: and WHEREAS, the DEVELOPER is the owner of land within the County's wastewater service area and wishes to utilize reclaimed water on such lands; and WHEREAS, in compliance with the conditions of issuance of the FDEP Permit, NPDES Permit and the St. Johns River Water Management District Permit (Consumptive Use Permit), DEVELOPER understands that using reclaimed water for irrigation and other purposes before using higher quality water source is required when reclaimed water is available and its use is economically, environmentally and technologically feasible and pursuant to Water Conservation Rule 40C -2.301(f) and (g) of the Florida Administrative Code; and WHEREAS, the DEVELOPER desires to utilize reclaimed water and the DEVELOPER will utilize the reclaimed water in accordance with the terns of this agreement, FDEP and St. John River Water Management District Consumptive Use Permit; and NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration the COUNTY and DEVELOPER agree to the special conditions (SC) as follows: SC - 1. Delivery and Acceptance: The COUNTY will delived the DEVELOPER agrees to receive reclaimed water at the Developer's property line affUyagreeable point commencing on or about May 2000. The DEVELOPER, at its own expense, shall install the transmission line, control valves, metering, remote monitoring & telemetry system, and associated appurtenances from the County's reclaimed water main located on Hobart Road, near the intersection of Kings Highway and Old Dixie Highway to a dedicated storage impoundment. _ Rcelaiined water delivered by the COUNTY will not be provided under pressure. The Developer shall provide a minimum 3 -clay wet : e—a-dier reclaimicd water storage facility or impoundment pursuant to FDEP Program Guidance Memo (DOM -96-01) date April 26, 1996 and acceptable to St. Johns River Water Management District (SJRWMD). The 3 -day wet weather impoundment shall be designed, operated and maintained in accordance with FDEP and SJRWMD to control the discharge of reclaimed water to the stormwater management system. The DEVELOPER shall install a reclaimed water flow monitoring and recording device (hereinafter referred to as a "reclaimed meter") to monitor the volume of reclaimed water delivered to the DEVELOPER. The COUNTY will determine the location of the meter on the DEVELOPER'S property. The COUNTY shall be granted reasonable access to the reclaimed water system and related appurtenances. The reclaimed water system components shall be reviewed and approved by the COUNTY prior to installation. Page 1 orb Reclaimed Water Agmemcn4 Aug 23, 1999 C ��srni Ibfk {'�bs'Auja:t - Rxl StKk UcUI'Iub�A,�enrrnl • Mateuird Wetw, fled Stilt half l'Puh, hK. July .10, I'YN d.Kliais-�r!