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0 , � / <br /> • V'RTsy n ' r 1 <br /> AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER `1 r <br /> BETWEEN 6 eel *� <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> JOHN' S ISLAND CLUB, INC. <br /> THIS AGREEMENT made this 10th day of Aug , 2004 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 JOHN ' S ISLAND CLUB, INC . , a Florida <br /> Corporation, the address of which is 3 John ' s Island Drive , 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 maintains a golf course to be known as John ' s Island West on <br /> 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 /> is required to accept reclaimed water by its Consumptive User Permit (CUP) as issued by St Johns River <br /> Water Management District (SJRWMD) 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 <br /> water source is required when reclaimed water is available and its use is economically, environmentally <br /> and technologically feasible and pursuant to Water Conservation Rule 40C -2 . 301 (f) and (g) of the <br /> Florida Administrative Code ; and <br /> WHEREAS , 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, FDEP and St. John <br /> River Water Management District Consumptive Use Permit; and <br /> NOW, THEREFORE, for and in consideration of the premises and other good and valuable <br /> considerable, the COUNTY and DEVELOPER agree to the special conditions ( SC) as follows : <br /> SC - 01 . 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 /> associated appurtenances from the County ' s reclaimed water main located on County Road 510 near the <br /> intersection of 58 "' Avenue to a dedicated storage impoundment . <br /> Reclaimed water delivered by the COUNTY will not be provided under pressure . The r <br /> DEVELOPER shall provide a minimum 3 -day wet weather reclaimed water storage facility or <br /> impoundment pursuant to FDEP Program Guidance Memo (DOM-96-01 ) date April 26, 1996 and <br /> acceptable to St . Johns River Water Management District ( SJRWMD) . The 3 -day wet weather <br /> impoundment shall be designed, operated and maintained in accordance with FDEP and SJRWMD to <br /> Page 1 of 6 <br /> F \Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\John Island Golf Club West Reuse Water UCP # 2349\Agreement - Johns Island Club <br />Inc - Reclaimed Water <br /> Agreement June 14, 2004.doc <br />