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o <br /> AGREEMENT CONCERNING DELIVERY a <br /> AND USE OF STORMWATER <br /> THIS AGREEMENT is made and entered into this 12th day of August, 2004 , by and <br /> between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County"), <br /> INDIAN RIVER FARMS WATER CONTROL DISTRICT, a Special District located in Indian <br /> River County, Florida ("District") and BLUE HERON ENERGY CENTER, L.L. C . , a wholly <br /> owned Calpine Corporation subsidiary, a Delaware limited partnership , with offices at The Island <br /> Center, 2701 N. Rocky Point Drive, Suite 1200, Tampa, Florida 33607 ("Calpine") . <br /> Recitals : <br /> Recital 1 . Calpine has obtained special exception approval and conceptual site plan approval <br /> from the County to construct a nominal 1 , 080 mw natural gas-fired combined cycle electricity <br /> generating power plant ("Plant") on approximately 50 acres east of and adjoining Interstate 95 <br /> ("I- 95 ") and immediately north of the south County boundary line, adjacent and west of 74th Avenue <br /> ("Blue Heron Energy Center" or ` EHEC") , located within Indian River County. <br /> Recital 2 . Calpine estimates that the average annual water requirements for BHEC to be 7 . 5 <br /> million gallons per day of water ("MGD") with a maximum peak daily demand of 9 . 1 MGD . <br /> 8 . 5 .04 Water Agreement <br />