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iv <br />11.G.1. CAI,PINEBLITE HERON ENERGY (TENTER, LLC - <br />AGREEMENT CONCERNING DELIVERY AND IISE OF <br />,STORMWATER(INDIAN RIVER FARMS WATER CONTROL <br />DISTRICT) (1 ¢ LOCM, OPTLON SALES TAX) <br />The Board reviewed a Memorandum of November 6, 2002: <br />James E. Chandler, <br />County Administrator <br />FROM: James W. Davis, P.E., <br />Public Works Director <br />SUBJECT: Calpine Agreement Concerning Delivery and Use of Stormwater <br />DATE: November 6, 2002 <br />DESCRIPTION AND CONDITIONS <br />County staff has been working with Calpine Corp. and Indian River Farms <br />Water Control District to develop a Water use agreement for the Blue <br />Heron Energy Center. The attached agreement provides for the following <br />main responsibilities: <br />1. Calpine will, after receiving certification to construct the <br />proposed Blue Heron Energy Center (BHEC), contribute funds to <br />purchase, at appraised fair market value, up to 160 acres of land <br />for construction of a stormwater treatment park from which treated <br />storm water will be sent to the proposed Calpine Power Plant for <br />cooling/production water. The County, with cooperation from the <br />Indian River Farms Water Control District, will construct and <br />operate the Stormwater Park, ready for operation in Dec. 2004. <br />2. Calpine will fund design, permitting, and construction of piping <br />and pump facilities to transmit water from the Lateral "C" Canal <br />(along 74`h Avenue) to the Stormwater Park and from the Park to the <br />BHEC The County and Indian River Farms Water Control District. <br />shall review and must approve/modify the design prior to <br />construction. Upon completion of construction, ownership of the <br />piping and pump stations in District right-of-way will be <br />transferred to the Water Control District. Calpine will own all <br />other -pipes and pump stations. Under a lease agreement, the County <br />will maintain and operate the pump stations and piping from <br />Lateral "C" Canal to the Stormwater Park. Calpine shall maintain <br />and operate the pumps and piping from the Stormwater Park to the <br />BHEC. <br />3. The..•County and District will not allow non-agricultural withdrawals <br />from the park that would prevent delivery of water to the EHEC. <br />NOVEMBER 12, 2002 <br />126 <br />nv <br />Obi <br />4 <br />r) <br />3 <br />