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ELI <br />0 <br />AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER <br />BETWEEN <br />INDIAN RIVER COUNTY, FLORIDA <br />AND <br />THE LINKS AT POINTE WEST, LIMITED LIABILITY COMPANY <br />THIS AGREEMENT made this L6L,� day oft 1999 by and between INDIAN RIVER <br />COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero <br />Beach, Florida 32960 (hereinafter the COUNTY) and The Links at Pointe West a Limited Liability <br />Company (LLC) (General Partner by Charles R Mechling Manager and Thomas R Jones Manager), the <br />address of which is 4445 Highway AIA, Suite 250, Vero Beach Florida 32963 (hereinafter the <br />DEVELOPER). <br />WITNESSETH: <br />WHEREAS, the COUNTY operates and maintains publicly owned wastewater treatment <br />facilities which are capable of producing irrigation quality wastewater effluent (hereinafter referred to as <br />"Reclaimed Water", "Reuse Water" or "IQ Water") as that term defined is by the Florida Department of <br />Environmental Protection (FDEP) for use on grass, woodlands, landscape, pastures, golf courses and <br />other types of approved vegetation; and; <br />WHEREAS, the DEVELOPER is installing and maintaining a golf course to be known as Pointe <br />West of Vero Beach on property more particularly described in Exhibit `A', attached hereto: and <br />WHEREAS, the DEVELOPER is the owner of land within the County's wastewater service area <br />and wishes to utilize reclaimed water on such lands; and <br />WHEREAS, in compliance with the conditions of issuance of the FDEP Permit, NPDES Permit <br />and the St. Johns River Water Management District Permit (Consumptive Use Permit), DEVELOPER <br />understands that using reclaimed water for irrigation and other purposes before using higher quality water <br />source is required when reclaimed water is available and its use is economically, environmentally and <br />technologically feasible and pursuant to Water Conservation Rule 40C -2.301(f) and (g) of the Florida <br />Administrative Code; and <br />WHEREAS, the DEVELOPER desires to utilize reclaimed water and the DEVELOPER will <br />utilize the reclaimed water in accordance with the terms of this agreement, FDEP and St. John River <br />Water Management District Consumptive Use Permit; and <br />NOW, THEREFORE, for and in consideration of the promises and other good and valuable <br />considerable, the COUNTY and DEVELOPER agree to the special conditions (SC) as follows: <br />SC - I. Delivery and Acceptance: <br />The COUNTY will deliver and the DEVELOPER agrees to receive reclaimed water at the <br />Developer's property line at a mutual agreeable point. The DEVELOPER, at its own expense, shall <br />install the transmission line, control valves, metering, remote. monitoring & telemetry system, and <br />Reclaimed Water <br />Page 1 of 12 Agreement <br />C:\Steven Doyle Files\Project - Pointe West of Vero Beach\Point West of Vero Beach, Reclaimed Water Agreement, Nov 17,1999.doc <br />