HomeMy WebLinkAbout2020-216RECLAIMED WATER AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
SEA OAKS PROPERTY OWNERS ASSOCIATION
THIS RECLAIMED WATER AGREEMENT ("Agreement") is made this 6th day of
October , 2020 (the "Effective Date") by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, the address of which is 1801 27' Street, Vero Beach, Florida 32960
(hereinafter the COUNTY) and SEA OAKS PROPERTY OWNERS ASSOCIATION, INC., a Florida
Not -For -Profit Corporation, the address of which is 8811 Highway AIA, Vero Beach, Florida 32963
(hereinafter SEA OAKS).
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 is defined 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, SEA OAKS is the property association for a residential subdivision located at 8811
Highway AIA, in the unincorporated area of Indian River County (the "Property"); and
WHEREAS, in 1989, COUNTY and SEA OAKS entered into an Irrigation Agreement; and
WHEREAS, the FDEP has already permitted 0.21 millions of gallons per day (MGD) for SEA
OAKS at the COUNTY waste water treatment facility; and
WHEREAS, COUNTY and SEA OAKS desire to enter into this Agreement in order to supersede
the previous Irrigation Agreement; and
NOW THEREFORE, in consideration of the mutual undertakings herein and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as
follows:
Section 1. Delivery and Acceptance:
(a) The COUNTY will deliver and SEA OAKS agrees to receive non -pressurized reclaimed water
at the Property at three mutually agreeable points. SEA OAKS, at its own expense, shall install the
necessary reuse facilities from the COUNTY reuse line in the Highway AIA right-of-way to and on the
property. The three mutually agreeable points will be installed in a phased approach as follows:
Phase 1) Connection with capacity to serve up to 6.5 Million Gallons a Year (MGY) or (0.0178
Million Gallons a Day (MGD) from Highway AlA to SEA OAKS tennis courts
system, within 3 months of the Effective Date of this Agreement.
Phase 2) Connection with capacity to serve up to 46.9 MGY (0.129 MGD) from the east side of
Highway AIA within 1 year of the Effective Date of this Agreement.
Phase 3) Connection with capacity to serve up to 103.5 MGY (0.284 MGD) from the west side of
Highway AIA with the Effective Date within 24 months from the Effective Date of this
agreement.
(b) Prior to each connection, SEA OAKS shall install a reclaimed water flow monitoring and
recording device (hereinafter referred to as a "reclaimed meter") that meets County's specifications to
monitor the volume of reclaimed water delivered to SEA OAKS at each location. The reclaimed meter
will be on a mutually agreed upon location on the Property. The COUNTY shall be granted reasonable
access to the reclaimed water system and related appurtenances. The reclaimed water system components
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shall be reviewed and approved by the COUNTY prior to installation
(c) SEA OAKS covenants that it shall not directly discharge reclaimed water into any water body
of the State of Florida other than to the impoundment owned and maintained by SEA OAKS. SEA
OAKS shall take reasonable precaution to prevent the use of reclaimed water received as potable water.
Signs shall be strategically posted in accordance with the FDEP requirements. SEA OAKS's reclaimed
water facilities shall be operated, maintained, and administered in a manner which adheres to the codes,
standards, and guidelines established by the COUNTY and the respective regulatory agencies.
(d) SEA OAKS shall use the reclaimed water to irrigate the Property in a manner consistent with
all Federal, State and local laws and regulations.
Section 2. COUNTY's Liabilitv for Failure to Delivery Reclaimed Water:
(a) SEA OAKS understands and acknowledges that the COUNTY will not guarantee the delivery
of a set amount of reclaimed water. However, any potential interruption of service, that may or may not
be caused through no fault of the COUNTY or if caused by others that affects the ability of COUNTY to
provide irrigation quality water to SEA OAKS shall be repaired expeditiously by the COUNTY.
(b) SEA OAKS further agrees that the COUNTY shall not be held liable to SEA OAKS for any
damages or expenses incurred by SEA OAKS because of the COUNTY's failure to deliver reclaimed
water.
Section 3. SEA OAKS's Obligations:
(a) Unless otherwise noted, SEA OAKS shall prepare at its own expense; plans, specifications,
agreements, advertisement and general conditions, hereinafter referred to has the "contract documents"
for the lines and facilities necessary to deliver the reclaimed water from the COUNTY's facilities to the
reclaimed water meter serving the Property. SEA OAKS must obtain COUNTY approval prior to
submittal to the permitting agencies for any plans and specifications. SEA OAKS shall be responsible for
all costs associated with the design and permitting and construction of the off-site facilities whether
designed, permitted or constructed by SEA OAKS or the COUNTY.
(b) The design, permitting, construction, operation and maintenance of all on-site reclaimed water
facilities which are on the Property (including but not limited to reclaimed water meter, transmission
lines, pumps, valves, storage facilities, and irrigation equipment) shall be SEA OAKS's sole
responsibility and expense. All construction of on-site reclaimed water lines and facilities up to the
irrigation system shall be subject to COUNTY review and approval.
(c) SEA OAKS shall comply with reasonable requests by the COUNTY concerning on-site
operations and maintenance including but not limited to all FDEP and St Johns River Water Management
District (SJRWMD) regulations relating to reporting requirements, signs, spraying, and color -coding of
reclaimed water equipment. Sign location and color of the posted signs shall be in conformance with
FDEP regulations. In addition, exposed reclaimed water piping shall be painted `Pantone Purple 522C'.
(d) SEA OAKS shall be deemed in possession of the reclaimed water on SEA OAKS's side of the
reclaimed water meter, however SEA OAKS shall not be deemed to own the reclaimed water and may not
transfer or sell the reclaimed water to any party for use offsite of the Property without written permission
from the COUNTY.
(e) SEA OAKS may change the location of the site or sites where the reclaimed water is applied
provided such change does not interrupt nor diminish SEA OAKS's ability to accept all of the reclaimed
water and such change remains in compliance with all Federal, State and local regulations and the terms
and conditions of this Agreement.
(f) SEA OAKS shall convey to the COUNTY a non-exclusive easement for the installation,
operation and maintenance of the reclaimed water meter site and the reclaimed water system. In addition,
SEA OAKS shall grant to the COUNTY a non-exclusive ingress -egress easement necessary for the
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COUNTY to install, maintain, operate and monitor the reclaimed water meter and reclaimed water
system.
(g) SEA OAKS shall be responsible for obtaining all construction and operating permits required
for the construction, delivery, use, monitoring and storage of the reclaimed water.
(h) After the COUNTY's final inspection of the off-site reclaimed water facilities for
conformance with the approved plans and specifications, SEA OAKS 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:
1) Bill of Sale
2) Grants of Easements
3) Maintenance Bond
4) Record Drawings (hard copy and electronic format - AutoCAD rel. 14.0)
Section 4. Quality of Reclaimed Water:
The COUNTY will provide reclaimed water meeting the standards set forth by the FDEP as
defined in the COUNTY's Wastewater Treatment Facility (WWTF) Operating Permits Reclaimed Water.
Sampling for conformance with reclaimed water quality shall be performed at the location and frequency
defined in the FDEP WWTF Operating Permits at no cost to SEA OAKS. Only reclaimed water meeting
FDEP water quality standards will be delivered to the Property.-
Section
roperty:Section 5. Property to be Served:
SEA OAKS shall use the reclaimed water only on the Property described in Exhibit `A', attached
hereto and incorporated by reference.
Section 6. Prohibition on Use of Other Water Resources
Notwithstanding anything to the contrary, within 6 months of the Phase III transition, herein SEA
OAKS shall no longer use groundwater for irrigation except for as a backup source of water. SEA OAKS
shall relinquish any rights to such use and transfer such rights to be used as credits by COUNTY as
permitted by law.
Section 7. Fees and Charges:
(a) Upon satisfaction of all of the requirements set forth in section 3 above, SEA OAKS shall
begin paying the current established base rate(s) for reclaimed water delivered to the Property up to
0.4308 MGD. Any additional consumption in excess of 0.5 MGD of reclaimed water supplied by
COUNTY shall not be charged to SEA OAKS.
(b) The COUNTY shall have the sole and exclusive right to set fair and reasonable fees and
charges for reclaimed water (usually expressed in terms of dollar amount per thousand gallons). 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 SEA OAKS and this Agreement at the time of such change.
(c) SEA OAKS shall be invoiced according to the COUNTY's normal billing practices for water
customers. SEA OAKS 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.
Section 8. Volume Allocation:
The Previous FDEP permitted allocation of 0.21 MGD will be hereby amended so that the
COUNTY will attempt to allocate and Sea Oaks will receive an average daily flow of 0.0178 MGD after
connection for the tennis court system, 0.129 MGD after connection to the east side of Highway AIA,
and 0.284 MGD after connection to the west side of Highway AIA as outlined in Section 1. SEA OAKS
shall control the volume of reclaimed water accepted, stored and utilized by SEA OAKS on site.
Notwithstanding anything to the contrary, SEA OAKS is not obligated to accept reclaimed water which
does not meet FDEP standards.
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Section 9. Term:
The term of this Agreement is ten (10) years beginning on the Effective Date, as provided above.
This Agreement shall be renewed automatically for successive 10 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 the COUNTY'S Regional Wastewater Treatment Facility FDEP
Operating Permit serving the area.
Section 10. No Direct Offsite Discharge:
Unless expressly authorized by a state or federal agency, SEA OAKS covenants that it shall not
directly discharge reclaimed water into any body of water in the State of Florida other than the ponds or
lakes (impoundment) owned by SEA OAKS. SEA OAKS 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.
Section 11. Amendment:
A written instrument executed by the party or parties to be bound thereby may only amend this
Agreement.
Section 12. 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.
Section 13. Captions:
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.
Section 14. 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.
Section 15. Entire Agreement:
This Agreement embodies the entire agreement between the parties relative to the subject matter
hereof, and there is 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. Upon the
effective date of this Agreement, the prior Irrigation Agreement shall be null and void.
Section 16. 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.
Section 17. 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 parry to be charged.
Section 18. 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. SEA OAKS shall pay for the cost of recording.
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Section 19. 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.
Section 20. 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.
IN WITNESS WHEREOF, the COUNTY and SEA OAKS have accepted, made and executed this
Agreement upon the terms and conditions above stated on day and year first above written. W
SEA OAKS: &,,,-
CdNucc WP•wr— ,President
Sea Oaks Property Owners
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Association, Inc.
Date: zo zo
I IU
Witness (si nature)
Ab a1 M<u-dv
Printed NajAe
The foregoing instrument was acknowledged before me this ' l� day of , 2020, by _
or who has produced
(Notary Stamp)
who is personally known to me
as identificati n and who id take an oath.
Of
ry ublic '
Name:
Commission Number: QAn.E HOOPES
Commission Expiration: _ GG 937545
Expires December 5, 2023
Bonded Ttru Troy Fain Insurance 800.385 7019
. J`�ty �pA1 M lSs jo^✓F�s
BOARD OF COUNTY IS E F
I VIER CO TY LO
By.
Y Smith,
� Clerk SU NAD HAIRMA
• 9�vER C OU �•
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Approved as to Form and Legal Sufficiency:
Dy emgold, County Attorney
Approved by:
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Exhibit A
All of Government Lots 1 and 2 of Section 25, Township 31 South, Range 39 East, together with all of
Government Lots 8 and 9, and the South 411.84 feet of Government Lots 5 and 6 of Section 26,
Township 31 South, Range 39 East, said land lying and being in Indian River County, Florida.
Less and excepting therefrom any portion of State Road A -1-A right-of-way and that portion of those
lands as described in Official Records Book 813, Page 2476, Of the public records of Indian River County,
Florida.
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