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0 , � / • V'RTsy n ' r 1 AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER `1 r BETWEEN 6 eel *� INDIAN RIVER COUNTY, FLORIDA AND JOHN' S ISLAND CLUB, INC. THIS AGREEMENT made this 10th day of Aug , 2004 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 JOHN ' S ISLAND CLUB, INC . , a Florida Corporation, the address of which is 3 John ' s Island Drive , Vero Beach, Florida 32963 (hereinafter the DEVELOPER) . WITNESSETH : WHEREAS , 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" , "Reuse Water" or "IQ 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; and; WHEREAS , the DEVELOPER maintains a golf course to be known as John ' s Island West on property more particularly described in Exhibit ` A ' , attached hereto : and WHEREAS , the DEVELOPER is the owner of land within the County ' s wastewater service area is required to accept reclaimed water by its Consumptive User Permit (CUP) as issued by St Johns River Water Management District (SJRWMD) on such lands ; and WHEREAS , in compliance with the conditions of issuance of the FDEP Permit, NPDES Permit and the St. Johns River Water Management District Permit (Consumptive Use Permit) , DEVELOPER understands that using reclaimed water for irrigation and other purposes before using higher quality water source is required when reclaimed water is available and its use is economically, environmentally and technologically feasible and pursuant to Water Conservation Rule 40C -2 . 301 (f) and (g) of the Florida Administrative Code ; and WHEREAS , the DEVELOPER desires to utilize reclaimed water and the DEVELOPER is required to accept reclaimed water in accordance with the terms of this Agreement, FDEP and St. John River Water Management District Consumptive Use Permit; and NOW, THEREFORE, for and in consideration of the premises and other good and valuable considerable, the COUNTY and DEVELOPER agree to the special conditions ( SC) as follows : SC - 01 . Delivery and Acceptance : 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 expense, shall install the transmission line , control valves , metering, remote monitoring & telemetry system, and associated appurtenances from the County ' s reclaimed water main located on County Road 510 near the intersection of 58 "' Avenue to a dedicated storage impoundment . Reclaimed water delivered by the COUNTY will not be provided under pressure . The r DEVELOPER shall provide a minimum 3 -day wet weather reclaimed water storage facility or impoundment pursuant to FDEP Program Guidance Memo (DOM-96-01 ) date April 26, 1996 and acceptable to St . Johns River Water Management District ( SJRWMD) . The 3 -day wet weather impoundment shall be designed, operated and maintained in accordance with FDEP and SJRWMD to Page 1 of 6 F \Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\John Island Golf Club West Reuse Water UCP # 2349\Agreement - Johns Island Club Inc - Reclaimed Water Agreement June 14, 2004.doc