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6 O / THIS D 9 (O U✓ O� THIS DOCUMENT HAS BEEN RECORDED PREPARED BY: IN THE PUBLIC RECORDS OF Indian River County INDIAN RIVER COUNTY FL Attorney's Office BK: 2063 PG : 749, Pagel of 9 08101/2006 at 03 :45 PM, Return to: Indian River County JEFFREY K BARTON, CLERK OF Attorney's Office COURT AGREEMENT FOR THE DELIVERY OF RECLAIMED 1/tlA.TER BETWEEN INDIAN RIVER COUNTY , FLORIDA AND DIVOSTA HOMES , L . P . THIS AGREEMENT made this 18th day of July , 2006 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 DIVOSTA HOMES , L. P . , a Delaware limited partnership whose principal office is located at 4500 PGA Boulevard , Suite 400 , Palm Beach Gardens , Florida 33418 (hereinafter the " DEVELOPER") . BACKGROUND RECITALS A. 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"") as that term 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 ; B . The DEVELOPER intends to develop a planned unit development/development of regional impact known as Waterway Village on property more particularly described in Exhibit 'A' , attached hereto and incorporated herein in its entirety by this reference ( " Property") ; C . The Property is located within Indian River County's wastewater service area ; D . The DEVELOPER, as the owner of the Property is required to accept Reclaimed Water by its Consumptive User Permit #249 as issued by St Johns River Water Management District (hereinafter "SJRWMD Consumptive Use Permit") , on such lands; E . Pursuant to the "SJRWMD Consumptive Use Permit" , DEVELOPER understands that using Reclaimed Water for irrigation and other purposes before using higher quality water sources is required when Reclaimed Water is available and its use is economically, environmentally, and technologically feasible pursuant to Florida Administrative Code (" FAC") Rule 40C-2 . 301 (4) (f) and (g) ; and F. The DEVELOPER desires to utilize Reclaimed Water and the DEVELOPER is required to accept Reclaimed Water in accordance with the terms of this Agreement, and the SJRWMD Consumptive Use Permit. NOW, THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , and intending to be legally bound , the COUNTY and DEVELOPER agree as follows : 1 . 0 DELIVERY AND ACCEPTANCE: 1 . 1 The COUNTY will deliver and the DEVELOPER agrees to receive Reclaimed Water at the DEVELOPER'S Property line at a mutual agreeable point. The DEVELOPER , at its own I