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PREPARED BY: <br /> Indian River County <br /> Attorney's Office <br /> Return to: <br /> Indian River County <br /> Attorney's Office <br /> AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER <br /> BETWEEN <br /> INDIAN RIVER COUNTY , FLORIDA <br /> AND <br /> TARMAC AMERICA LLC <br /> THIS AGREEMENT made this 8th day of May 2007 by and between INDIAN <br /> RIVER COUNTY, a political subdivision of the State of Florida , the address of which is 1840 <br /> 25th Street , Vero Beach , Florida 32960 (hereinafter the "COUNTY") and Tarmac America <br /> LLC , a Delaware limited liability corporation whose principal office is located at 455 Fairway <br /> Drive, Deerfield Beach, Florida 33441 (hereinafter the " DEVELOPER" ) . <br /> BACKGROUND RECITALS <br /> A. The COUNTY operates and maintains publicly owned wastewater treatment facilities <br /> which are capable of producing irrigation quality wastewater effluent (hereinafter referred to as <br /> " Reclaimed Water"") as that term defined is by the Florida Department of Environmental <br /> Protection (FDEP) for use on grass, woodlands, landscape , pastures, golf courses and other <br /> types of approved uses , <br /> B . The DEVELOPER intends to develop a concrete batch plant known as TARMAC <br /> Gifford Concrete Batch Plant on property more particularly described in Exhibit `A' , attached <br /> hereto and incorporated herein in its entirety by this reference ( " Property" ) ; <br /> C . The Property is located within Indian River County's wastewater service area , <br /> D . The DEVELOPER , as the owner of the Property is required to accept Reclaimed <br /> Water by its Consumptive User Permit #20-061 - 110687-1 as issued by St Johns River Water <br /> Management District ( hereinafter " SJRWMD Consumptive Use Permit") , on such lands ; <br /> E . Pursuant to the " SJRWMD Consumptive Use Permit" , DEVELOPER understands <br /> that using Reclaimed Water for irrigation and other purposes before using higher quality water <br /> sources is required when Reclaimed Water is available and its use is economically, <br /> environmentally, and technologically feasible pursuant to Florida Administrative Code (" FAC" ) <br /> Rule 40C-2 . 301 (4) (f) and (g) ; and <br /> F . The DEVELOPER desires to utilize Reclaimed Water and the DEVELOPER is <br /> required to accept Reclaimed Water in accordance with the terms of this Agreement, and the <br /> SJRWMD Consumptive Use Permit . <br /> NOW, THEREFORE , for good and valuable consideration , the receipt and sufficiency of <br /> which is hereby acknowledged , and intending to be legally bound , the COUNTY and <br /> DEVELOPER agree as follows : <br /> 1 <br />