HomeMy WebLinkAbout2012-044 AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER
BETWEEN _�
INDIAN RIVER COUNTY, FLORIDA
AND
INEOS NEW PLANET BIOENERGY LLC
THIS AGREEMENT made this 6th day of March 2012 by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street, Vero
Beach , Florida 32960 ( hereinafter the COUNTY) and INEOS NEW PLANET BIOENERGY LLC a
Florida limited liability company , the address of which is 925 74`h Avenue SW , Vero Beach , Florida
32968 -9702 ( hereinafter the DEVELOPER) .
WITNESSETH :
WHEREAS , the COUNTY operates and maintains publicly owned wastewater treatment
facilities which produce irrigation quality wastewater effluent ( hereinafter referred to as "Reclaimed
Water") as that term defined is by the Florida Department of Environmental Protection ("FDEP") for
irrigation purposes ; and ;
WHEREAS , the DEVELOPER owns and maintains a bioethanol producing/electricity generating
plant to be known as INEOS New Plant Bioenergy Centre (the "Facility") and located on property more
particularly described in Exhibit ` A ' , attached hereto (the "Property") ; and
WHEREAS , the DEVELOPER is the owner of land within the County ' s wastewater service area
and wishes to utilize Reclaimed Water for cooling purposes at the Facility on the Property ; and
WHEREAS , in compliance with the conditions of issuance of the FDEP Permit, NPDES Permit
and the St . Johns River Water Management District ( " SJRWMD") Permit ( Consumptive Use Permit) .
DEVELOPER understands that, if required , it is DEVELOPER ' S responsibility to obtain all necessary
SJRWMD and other permits for using Reclaimed Water at the Facility and use of Reclaimed Water shall
be in accordance with the conditions of said permits ; and
WHEREAS , the DEVELOPER desires to utilize Reclaimed Water at its Facility and the
DEVELOPER will utilize the Reclaimed Water in accordance with the terms of this Agreement, its
SJRWMD Consumptive Use Permit, and any other required permits ; and
NOW , THEREFORE , for and in consideration of the premises and other good and valuable
consideration , the COUNTY and DEVELOPER agree to the following conditions :
1 . Recitals . The foregoing recitals are correct and are hereby incorporated by reference .
2 . Date of Delivery , Terms of Delivery and Acceptance :
a . The COUNTY will deliver Reclaimed Water for the benefit of DEVELOPER at a
mutually agreeable point and at a date in the future to be specified by the DEVELOPER.
b . The DEVELOPER , at its own expense, shall install the transmission line , control valves ,
remote monitoring & telemetry system , if necessary , and associated appurtenances that are between the
Reclaimed Meter, as defined below, and the COUNTY ' S reclaimed water main located on 74t1i Avenue ,
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adjacent the Property, and the Reclaimed Meter itself, to enable DEVELOPER to obtain Reclaimed Water
for its Facility from the County ' s reclaimed water main (hereinafter known as "Offsite Facilities") . If,
following Developer ' s construction of the Offsite Facilities and their connection to County ' s reclaimed
water main , the County replaces or relocates its reclaimed water main , the County shall reconnect the
Offsite Facilities at its cost to its reclaimed water main without interruption or delay of service .
COUNTY shall provide an access easement to DEVELOPER to connect the Offsite Facilities to
COUNTY ' S reclaimed water main .
C * The DEVELOPER at its cost shall install a reclaimed water flow monitoring and
recording device (hereinafter referred to as a "Reclaimed Meter") to measure the volume of Reclaimed
Water utilized by the DEVELOPER. The COUNTY shall be granted reasonable access to the Offsite
Facilities, including the Reclaimed Meter. The Reclaimed Meter, as part of the Offsite Facilities, shall be
dedicated to the COUNTY, which shall operate and maintain it.
d . The DEVELOPER shall use the Reclaimed Water for the Facility in a manner consistent
with all Federal , State and local laws and regulations . The DEVELOPER shall utilize the Reclaimed
Water as specified by its SJRWMD Permit . The DEVELOPER shall strictly comply with all relevant and
applicable Federal , State and local regulations with respect to the discharge of any Reclaimed Water into
State of Florida waters .
3 . COUNTY ' s Liability for Failure to Deliver Reclaimed Water :
The DEVELOPER understands and acknowledges that the COUNTY will not guarantee the delivery
of a set amount of Reclaimed Water . The DEVELOPER further agrees that the COUNTY shall not be
held liable to the DEVELOPER for any damages or expenses incurred by DEVELOPER because of the
COUNTY ' s failure to deliver Reclaimed Water .
4 . DEVELOPER ' s Obligations :
a . The DEVELOPER shall prepare at its own expense , plans , specifications , agreements ,
permit applications , and general conditions , etc . hereinafter referred to as the "Contract Documents" for
the Offsite Facilities and the Reclaimed Meter . Prior to submittal to the permitting agencies ,
the
COUNTY must approve Contract Documents for the Offsite Facilities and Reclaimed Meter, which
approval shall not be unreasonably withheld or delayed . The DEVELOPER shall be responsible for all
costs associated with the design , permitting and construction of the Offsite Facilities and Reclaimed
Meter .
b . The DEVELOPER shall comply with reasonable requests by the COUNTY concerning
operations of the Offsite Facilities including but not limited to any applicable FDEP and SJRWMD
regulations and permits .
c . The DEVELOPER shall be deemed in possession of the Reclaimed Water on the
DEVELOPER ' s side of the Reclaimed Meter. However, the DEVELOPER shall not be deemed to own
the Reclaimed Water . The DEVELOPER may not transfer or sell the Reclaimed Water to any party for
use on any location other than the Property without written permission from the COUNTY , which
permission shall not be unreasonably withheld or delayed .
d . The DEVELOPER may change the location of the Property or Facility where the
Reclaimed Water is applied provided such change does not interrupt nor diminish the DEVELOPER ' s
ability to utilize the Reclaimed Water and such change remains in compliance with all applicable Federal ,
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State and local regulations and the terms and conditions of this Agreement, as the Agreement may
be
amended from time to time .
e . The DEVELOPER shall convey to the COUNTY a non -exclusive ingress-egress
easement for access to monitor the Reclaimed Meter.
f. After the COUNTY ' s final inspection of the Offsite Facilities for conformance with the
approved plans and specifications , the DEVELOPER shall convey all the Offsite Facilities to the
COUNTY . The conveyance shall include, but not be limited to, the following documents , in a form
acceptable to the COUNTY :
a) Bill of Sale
b) Grants of Easements
c ) Maintenance Bond
d) Record Drawings (hard copy and electronic format - AutoCAD rel . 14 . 0)
5 . Quality of Reclaimed Water :
The COUNTY will provide Reclaimed Water meeting the standards for irrigation quality water
required by the Florida Department of Environmental Protection and as specified in the COUNTY ' s
Wastewater Treatment Facility ( WWTF ) Operating Permit for Reclaimed Water. In addition, as required
for use by the Facility and for disposal by the Facility , water quality parameters of the Reclaimed Water
must satisfy the requirements of Chapter 62 - 528 , F . A . C . , for injection of non -hazardous wastewater in a
Class I UIC well . Only Reclaimed Water meeting FDEP water quality standards , and for injection into a
Class I UIC well will be delivered to the DEVELOPER. Developer ' s facilities have been designed on the
basis of the quality standards defined in Appendix B , based on typical measurements for the Reclaimed
Water. While these standards may not be achieved on a day to day basis by the County , even though the
water quality may meet the regulatory requirements required for the County . Developer reserves the right
to discontinue use of the water if any of the maximum values defined in Appendix B are exceeded . This
is necessary to protect the Developer ' s equipment and to prevent uneconomic and inefficient operation .
6 . Property to be Served :
The DEVELOPER shall use the Reclaimed Water only on the Property described in Exhibit ` A . '
7 . Use of Groundwater :
Notwithstanding anything to the contrary , DEVELOPER shall , subject to the terms of the
SJRWMD Permit, have the right to use groundwater for its Facility to the extent there is insufficient
Reclaimed Water available , the Reclaimed Water does not meet the quality requirements in paragraph 5
of this agreement or the use of the Reclaimed Water becomes environmentally , technically or
economically infeasible for the Developer.
8 . Fees and Charges :
a . Utilitizing the COUNTY ' s adopted Reclaimed Water User Charges the DEVELOPER
shall begin paying the prevailing rate for Reclaimed Water for the Reclaimed Water utilized by
the
Facility, as confirmed by the Reclaimed Meter .
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b . The COUNTY shall have the sole and exclusive right to set uniform , fair and reasonable
fees and charges for Reclaimed Water ( usually expressed in terms of dollar amount per thousand gallons)
and as applied uniformly to all Reclaimed Water users . The reclaimed water fees and charges may be
changed at any time at the sole discretion of the COUNTY and such charges shall apply to the
DEVELOPER and this Agreement at the time of such change . The COUNTY shall use reasonable efforts
to set the reclaimed water fees and charges such that they are sufficient to cover the total cost of providing
Reclaimed Water and that such costs reflect the appropriate allocation of expenses between the provision
of Reclaimed Water and the associated wastewater treatment costs .
c . The DEVELOPER shall be invoiced according to the COUNTY ' s normal billing
practices for water customers . Pursuant to the County ' s utility policies , the DEVELOPER shall pay
interest at the rate in place at the time of any past due amounts from the date the amount came due until
the date paid . Written or verbal notice of delinquency is not required for the interest to accrue .
9 . Volume Allocation and Pressure of Reclaimed Water Main :
The COUNTY shall maintain the pressure within its Reclaimed Water main at not less than 25 prig
and provide the volume of Reclaimed Water at a steady rate . The COUNTY shall provide an
uninterrupted supply of Reclaimed Water on a constant basis . The COUNTY will attempt to allocate an
average daily volume of 216 , 000 gallons , with a maximum available daily volume of 288 , 000 gallons .
This allocation and utilization is non - binding and non -committal for both the COUNTY and the
DEVELOPER, respectively . The DEVELOPER shall control the volume of reclaimed water accepted,
stored and utilized for its Facility . Notwithstanding anything to the contrary , the DEVELOPER is not
obligated to utilize Reclaimed Water which does not meet FDEP standards or those quality standards
listed in Exhibit "B " and as referenced in paragraph 5 . above , or any time the DEVELOPER ' S reclaimed
water impoundment is at or nearing capacity , or if the use of Reclaimed Water becomes environmentally ,
technically or financially infeasible to the DEVELOPER .
10 . Term :
The term of this Agreement is twenty (20) ears . This Agreement shall be renewed automatically
for successive five ( 5 ) year terms at the expiration of any preceding term , unless any party notifies
the
other of cancellation by written notice not less than 180 consecutive calendar days in advance of the
expiration date of the preceding term . The Term of this Agreement shall run concurrently with and be
limited by applicable COUNTY Regional Wastewater Treatment Facility FDEP Operating Permit serving
the area.
11 . No Direct Offsite Discharge :
DEVELOPER covenants that it shall not directly discharge Reclaimed Water into any body of
water in the State of Florida other than through its authorized Class I UIC injection well , or the ponds or
lakes ( impoundment) owned by the DEVELOPER . DEVELOPER will take all reasonable precautions
to prevent the use of Reclaimed Water received as potable water. " Reclaimed Water in Use" warning
signs shall be posted in strategic places to prevent consumption of the water. Sign location and color of
the posted signs shall be in conformance with FDEP regulations as defined under Rule 62 - 610 .
418 ,
F . A . C . In addition , exposed reclaimed water piping shall be painted ` Pantone Purple 522C ' .
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12 . Reclaimed Water Use Permits :
If necessary, the DEVELOPER shall obtain FDEP and all other approvals to use Reclaimed
Water for DEVELOPER ' s Facility on the Property . If, through no fault of the parties involved , any
federal , state or local government or agency (excluding the COUNTY) fail to issue necessary permits ,
grant necessary approvals , or require a material change in the Facility, including the Offsite Facilities,
then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement
to reflect the change in condition . If it becomes impossible or impracticable to perform under the terms
of this Agreement because of the above , then this Agreement shall terminate and the parties shall have no
further obligations to the other.
13 . Amendment :
A written instrument executed by the party or parties to be bound thereby may only amend this
Agreement .
14 . Assignability :
Either party may assign this Agreement, however, the rights granted herein shall run with the
Property and are not considered the personal property of the DEVELOPER . Therefore, while the
DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by
this Agreement, the assignee shall not have the right to use the Reclaimed Water anywhere but on the
Property unless this Agreement is amended in writing by the assignee and the COUNTY to provide
otherwise .
15 . Authority :
Each party hereto represents and warrants to the other that the execution of this Agreement and
any other documents required or necessary to be executed pursuant to the provisions hereof are valid ,
binding obligations and are enforceable in accordance with their terms .
16 . Attorneys Fees . In the event of a dispute arising under this Agreement , whether or not
a
lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its
reasonable
attorneys ' fees and costs , including attorneys ' fees and costs incurred in litigating entitlement to
attorneys ' fees and costs , as well as in determining or quantifying the amount of recoverable attorneys '
fees and costs . The reasonable costs to which the prevailing party is entitled shall include costs that are
taxable under any applicable statute , rule , or guideline , as well as non-taxable costs, including, but not
limited to , costs of investigation , copying costs , electronic discovery costs , telephone charges , mailing
and delivery charges , information technology support charges , consultant and expert witness fees , travel
expenses, court reporter fees , and mediator fees , regardless of whether such costs are otherwise taxable .
17 . Further Assurances . In connection with this Agreement and the transactions contemplated
hereby , each party to this Agreement shall execute and deliver any additional documents and instruments
and perform any additional acts that may be necessary or appropriate to effectuate and perform its
obligations under this Agreement and the transactions contemplated hereby .
18 . Captions :
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Captions , if included, in this Agreement are included for convenience only and are not to
be
considered in any construction or interpretation of this Agreement or any of its provisions .
19 . Definition :
All pronouns shall be deemed to refer to the masculine , feminine, or neuter, singular or plural , as
the identity of the party or parties may require .
20 . Entire Agreement :
This Agreement embodies the entire agreement between the parties relative to the subject matter
hereof, and there are no oral or written agreements between the parties , nor any representations made by
either party relative to the subject matter hereof, which are not expressly set forth herein .
21 . Governing Law & Jurisdiction :
This Agreement shall be governed by the laws of the State of Florida and the laws of the United
States pertaining to transactions in such State and all actions arising out of this Agreement
shall be
brought in Indian River County . All of the parties to this agreement have participated freely
in the
negotiation and preparation hereof, accordingly , this Agreement shall not be more strictly construed
against any one of the parties hereto .
22 . Multiple Counterparts :
This Agreement may be executed in a number of identical counterparts which , taken together,
shall constitute collectively one ( 1 ) agreement ; but in making proof of this Agreement, it shall
not be
necessary to produce or account for more than one such counterpart executed by the party to be charged .
23 . Recording of Agreement :
The Agreement shall be recorded in the public records of Indian River County . The obligations
defined in this Agreement shall be a condition , which shall run with the land and shall bind subsequent
owners of the Property for the term of this Agreement .
24 . Severability / Invalid Provision :
If any provision of the Agreement is held to be illegal , invalid or unenforceable under present or
future laws , such provision shall be fully severable ; this Agreement shall be construed and enforced as if
such illegal , invalid or unenforceable provision had never comprised a part of this Agreement, and the
remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by
such illegal , invalid , or unenforceable provision or by its severance from this Agreement.
25 . Time of Essence :
Time is of the essence of this Agreement ; however, if the final date of any period which is set out
in any provision of this Agreement falls on a Saturday , Sunday or legal holiday under the laws
of the
United States or the State of Florida, then , in such event, the time of such period shall be extended to the
next day which is not a Saturday , Sunday or legal holiday .
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IN WITNESS WHEREOF , the COUNTY and DEVELOPER have accepted , made and executed this
Agreement upon the terms and conditions above stated on day and year first above written .
BOARD OF COUNTY COMMISSIONERS
(t
""('M�" " "1 • . M INDIAN RIVER COUNTY, FLORIDA
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ry9'
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' Gary Wh er , Chairman
7 Approved 8 BBC : March 6 , 2012
Attest :1111
4CCUN .�•'° Jeffrey B . B arton , Clerk of the Circuit Court
APPROVED AS TO FORM k
AND LEGAL SU Y Approved By :
BY .t_.
ALAN . POLAC ICH
COU TY ATTORNEY f
seph A . alyd, County Administrator
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Thc;;oregoibng. instrument was acknowledged before me this -th day of , 2012 , by
who is personally known to me
or who 111a produced as identification and who did take an oath .
% M, I � 0 �
Notary Public
Name : r 1 S ffir
Commission Number : E {)
Commission Expiration : Ct ob b �_ �l j a o l
(Notary Stamp )
o ra?, aoecc TERRI CMUN&USTEY'
My COMMISSION k EE 012461
* EXPIRES : October 30 , 2014
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Bonded Thor Budget Notary WPM
Page 7 of 10
WPBDOCS 7977917 10
*0 " 0060% Name , ,GS
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`It ��. • . Oy
CjoJ.• . 9�, •.
ATTEST : ;BOARD OF COUNTY COMMISSIONERS OF
IAN RIVER COUNTY, FLORIDA
Jeffrey K . Barton, Clerk Gary Wh er , Chairman
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I' ar� Wi-ier: IP r
Before me personally appeared Bled, as Chairman of the Board of COUNTY Commissioners , and
Leona Allen as Deputy Clerk, to me well known instrument, and they acknowledge before me
they executed same.
Witness my hand and official seals this 4' � h day of , 2012 .
� '
TERHI COLLINS-LISTER A04s� � n
k My COMP461j: 110N # Er 0 , 241F Notary Public
Name : 7Vff 1 PAD
Commission Number: [ , l Q
Commission Expiration : r? (r4n r ► c 1
r 7
INEOS New Planet 131oEnergy, LLC,
a Delaware Limited Liability Company
goe
By :
Print Name : _ WI:
Its President
Page S of 10
WPBDOCS 7977917 10
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Page 9 of 10
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EXHIBIT "A "
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF INDIAN RIVER, STATE OF
FLORIDA, AND IS DESCRIBED AS FOLLOWS :
PARCEL 1 :
THAT PART OF TRACT 1 , SECTION 25, TOWNSHIP 33 SOUTH , RANGE 38 EAST, BEING MORE
PARTICULARLY DESCRIBED AS :
BEGINNING AT A POINT ON THE WEST LINE OF TRACTS 1 AND 552 FEET SOUTH OF THE NORTHWEST
CORNER OF TRACT 1 ; THENCE RUN SOUTH 89 DEGREES 57 MINUTES EAST AND PARALLEL TO THE
NORTH LINE OF SAID TRACT 1 A DISTANCE OF 850 FEET; THENCE RUN SOUTH AND PARALLEL TO
SAID WEST LINE A DISTANCE OF 18 . 72 FEET; THENCE RUN SOUTH 49 DEGREES 07 MINUTES 39
SECONDS EAST A DISTANCE OF 4 . 10 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES EAST AND
PARALLEL TO SAID NORTH LINE A DISTANCE OF 11 . 56 FEET; THENCE RUN SOUTH AND PARALLEL TO
SAID WEST LINE A DISTANCE OF 66 . 4 FEET; THENCE RUN SOUTH 89 DEGREES 57 MINUTES EAST AND
PARALLEL TO SAID NORTH LINE A DISTANCE OF 16 . 05 FEET; THENCE RUN SOUTH AND PARALLEL TO
SAID WEST LINE A DISTANCE OF 134 . 0 FEET; THENCE RUN NORTH 89 DEGREES 57 MINUTES WEST
AND PARALLEL SAID NORTH LINE A DISTANCE OF 34 . 5 FEET; THENCE RUN SOUTH 13 DEGREES 14
MINUTES 17 SECONDS WEST A DISTANCE OF 128 . 38 FEET; THENCE RUN NORTH 89 DEGREES 57
MINUTES WEST AND PARALLEL TO SAID NORTH LINE A DISTANCE OF 133 . 35 FEET; THENCE RUN
SOUTH AND PARALLEL TO SAID WEST LINE A DISTANCE OF 179 . 66 FEET; THENCE RUN NORTH 89
DEGREES 57 MINUTES WEST AND PARALLEL TO SAID NORTH LINE A DISTANCE OF 423 . 5 FEET;
THENCE RUN SOUTH AND PARALLEL TO SAID WEST LINE A DISTANCE OF 48 . 54 FEET; THENCE RUN
NORTH 89 DEGREES 57 MINUTES WEST AND PARALLEL TO SAID NORTH LINE A DISTANCE OF 260 . 0
FEET TO THE WEST LINE OF SAID TRACT 1 ; THENCE RUN NORTH ALONG SAID WEST LINE A DISTANCE
OF 575 . 0 FEET TO THE POINT OF BEGINNING . SAID PARCELS LYING AND BEING IN THE INDIAN RIVER
FARMS CO . , AS RECORDED IN PLAT BOOK 2, PAGE 25 , ST. LUCIE COUNTY, FLORIDA, NOW LYING AND
BEING IN INDIAN RIVER COUNTY FLORIDA .
PARCEL 2 :
TRACTS 1 AND 8, SECTION 25, TOWNSHIP 33 SOUTH , RANGE 38 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN
PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA .
LESS AND EXCEPT:
THE EAST 30 FEET OF TRACTS 1 AND 8, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY
SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, ( SAME BEING THE
WEST 30 FEET OF THE EAST 80 FEET OF THE NORTHEAST 1/4 OF SAID SECTION 25, TOWNSHIP 33
SOUTH , RANGE 38 EAST), AS CONVEYED TO INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF
THE STATE OF FLORIDA, BY VIRTUE OF THAT CERTAIN DEED RECORDED SEPTEMBER 4, 1956 IN DEED
BOOK 110, PAGE 57, AND BY QUIT CLAIM DEED RECORDED JULY 21 , 1976 IN OFFICIAL RECORDS
BOOK 524, PAGE 499, ALL OF THE PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA.
ALSO LESS AND EXCEPT:
THAT PART OF TRACT 1 , SECTION 25, TOWNSHIP 33 SOUTH , RANGE 38 EAST, BEING MORE
PARTICULARLY DESCRIBED AS : BEGINNING AT A POINT ON THE WEST LINE OF TRACTS 1 AND 552
SOUTH OF THE NORTHWEST CORNER OF TRACT 1 ; THENCE RUN SOUTH 89 DEGREES 57 MINUTES
EAST AND PARALLEL TO THE NORTH LINE OF SAID TRACT 1 A DISTANCE OF 850 FEET; THENCE RUN
SOUTH AND PARALLEL TO SAID WEST LINE A DISTANCE OF 18 . 72 FEET, THENCE RUN SOUTH 49
DEGREES 07 MINUTES 39 SECONDS EAST A DISTANCE OF 4 . 10 FEET; THENCE RUN SOUTH 89
DEGREES 57 MINUTES EAST AND PARALLEL TO SAID NORTH LINE A DISTANCE OF 11 . 56 FEET;
THENCE RUN SOUTH AND PARALLEL TO SAID WEST LINE A DISTANCE OF 66 . 4 FEET; THENCE RUN
SOUTH 89 DEGREES 57 MINUTES EAST AND PARALLEL TO SAID NORTH LINE A DISTANCE OF 16 . 05
FEET; THENCE RUN SOUTH AND PARALLEL TO SAID WEST LINE A DISTANCE OF 134 . 0 FEET; THENCE
RUN NORTH 89 DEGREES 57 MINUTES WEST AND PARALLEL TO SAID NORTH LINE A DISTANCE OF
34 . 5 FEET; THENCE RUN SOUTH 13 DEGREES 14 MINUTES 17 SECONDS WEST A DISTANCE OF 128 . 38
FEET; THENCE RUN NORTH 89 DEGREES 57 MINUTES WEST AND PARALLEL TO SAID NORTH LINE A
DISTANCE OF 133 . 35 FEET; THENCE RUN SOUTH AND PARALLEL TO SAID WEST LINE A DISTANCE OF
179 . 66 FEET, THENCE RUN NORTH 89 DEGREES 57 MINUTES WEST AND PARALLEL TO SAID NORTH
LINE A DISTANCE OF 423 . 5 FEET, THENCE RUN SOUTH AND PARALLEL TO SAID WEST LINE A
DISTANCE OF 48 . 54 FEET; THENCE RUN NORTH 89 DEGREES 57 MINUTES WEST AND PARALLEL TO
SAID NORTH LINE A DISTANCE OF 260 . 0 FEET TO THE WEST LINE OF SAID TRACT 1 ; THENCE RUN
NORTH ALONG SAID WEST LINE A DISTANCE OF 575 . 0 FEET TO THE POINT OF BEGINNING, SAID
PARCELS LYING AND BEING IN THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2,
PAGE 25 , ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA;
ALSO LESS AND EXCEPT :
THE SOUTH 870 . 66 FEET OF TRACT 8, SECTION 25, TOWNSHIP 33 SOUTH , RANGE 38 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY
SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS OF ST, LUCIE COUNTY,
FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, AS CONVEYED TO
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, A DEPENDANT SPECIAL DISTRICT OF
INDIAN RIVER, COUNTY, FLORIDA, BY VIRTUE OF THAT CERTAIN STATUTORY WARRANTY DEED
RECORDED NOVEMBER 26, 1997 IN OFFICIAL RECORDS BOOK 1181 , PAGE 2627, PUBLIC RECORDS
INDIAN RIVER COUNTY, FLORIDA .
PARCEL 3 .
THE EAST HALF OF TRACT 2, SECTION 25, TOWNSHIP 33 SOUTH , RANGE 38 EAST, ACCORDING TO
THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS
RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA , SAID LAND
NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA .
I
i
EXHIBIT B
WATER QUALITY PARAMETERS NOT TO
BE EXCEEDED IN RECLAIMED WATER
Typical Maximum
Expected Acceptable
Chloride, ppm 174 — 182 200
Tot. Hardness , as CaCO3 , ppm 122 — 143 160
Strontium , ppm 2 . 2 3 . 0
Sodium, ppm 171 188
Potassium , ppm 19 - 29 32
Aluminum , ppm 0 . 1 0 . 2
Silica, ppm 9 . 8 — 1 1 . 2 20
PPM Dissolved Organic Carbon 4 . 6 — 9 . 3 1 1w0
Turbidity, NTU 0 . 3 to 1 . 7 2 . 0
Solids, total suspended mg/l 10 to 11 12
Sulfur total as SO4 ppm 131 to 158 165
PH 7 . 1 to 7 . 4 > 7 . 5 or < 7 . 0
Phosphate total as PO4 , ppm 0 . 4 to 0 . 8 0 . 9
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