HomeMy WebLinkAbout2022-106ARECLAIMED WATER AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
INDIAN RIVER CLUB
THIS RECLAIMED WATER AGREEMENT ("Agreement") is made this day of
`1 , 2022, (the "Effective Date") by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, the address of which is 1801 27`h Street, Vero Beach, Florida 32960
(hereinafter the COUNTY) and NEW INDIAN RIVER CLUB, INC.., a Florida Not -For -Profit
Corporation, the address of which is 800 Carolina Circle SW, Vero Beach, FL 32962 (hereinafter
INDIAN RIVER CLUB).
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, INDIAN RIVER CLUB is a golf club located within a residential subdivision
operated by Indian River Club Community Association, Inc. The golf course is located at 800 Carolina
Circle SW, Vero Beach, FL 32962, in the unincorporated area of Indian River County described in
Exhibit "A". The golf course and the residential subdivision shall collectively be referred to as the
"Property"; and
WHEREAS, COUNTY and INDIAN RIVER CLUB desire to enter into this Agreement for
Reclaimed Water; 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) COUNTY will deliver and INDIAN RIVER CLUB agrees to receive up to 1,000,000 gallons
per day from October 1 to May 31 of non -pressurized reclaimed water and 700,000 gallons per day from
June 1 to September 30 of non -pressurized reclaimed water at the Property.
(b) INDIAN RIVER CLUB covenants that it shall not directly discharge reclaimed water into
any water body of the State of Florida other than to any impoundments owned and maintained by
INDIAN RIVER CLUB. INDIAN RIVER CLUB shall take reasonable precaution to prevent the use of
reclaimed water received as potable water. Signs shall be strategically posted in accordance with Florida
Department of Environmental Protection (FDEP) requirements. INDIAN RIVER CLUB'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.
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(c) INDIAN RIVER CLUB 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 Deliver Reclaimed Water:
(a) INDIAN RIVER CLUB 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 COUNTY or if caused by others that affects the ability of
COUNTY to provide irrigation quality water to INDIAN RIVER CLUB shall be repaired expeditiously
by the COUNTY
(b) INDIAN RIVER CLUB further agrees that the COUNTY shall not be held liable to INDIAN
RIVER CLUB for any damages or expenses incurred by INDIAN RIVER CLUB because of the
COUNTY's failure to deliver reclaimed water.
Section 3. INDIAN RIVER CLUB's Obligations:
(a) INDIAN RIVER CLUB 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
`Panton Purple 522C'.
(b) INDIAN RIVER CLUB shall be deemed in possession of the reclaimed water on INDIAN
RIVER CLUB's side of the reclaimed water meter, however INDIAN RIVER CLUB 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.
(c) INDIAN RIVER CLUB may change the location of the site or sites where the reclaimed
water is applied provided such change does not interrupt nor diminish INDIAN RIVER CLUB'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.
(d) INDIAN RIVER CLUB shall convey to the COUNTY a non-exclusive easement for the
reclaimed water meter site and the reclaimed water system. In addition, INDIAN RIVER CLUB shall
grant to the COUNTY a non-exclusive ingress -egress easement necessary for the COUNTY to install,
maintain, operate, and monitor the reclaimed water meter and reclaimed water system.
(e) INDIAN RIVER CLUB shall be responsible for obtaining all construction and operating
permits required for the construction, delivery, use, monitoring, and storage of the reclaimed water.
(f) INDIAN RIVER CLUB is not obligated to accept reclaimed water which does not meet FDEP
Standards but will endeavor to accept as much wet weather reclaimed water discharge as is necessary for
continued wastewater operation. Both parties also recognize that adverse weather conditions or
unforeseen circumstances may result in a need for reclaimed water greater than the volume set forth in
section 7(a).
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Section 4. Quality of Reclaimed Water:
The COUNTY will provide reclaimed water meeting the standards set forth by 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 INDIAN RIVER CLUB. Only reclaimed
water meeting FDEP water quality standards will be delivered to the Property.
Section 5. Property to be Served:
INDIAN RIVER CLUB shall use the reclaimed water only on the Property described in Exhibit
"B", attached hereto and incorporated by reference, referenced as Parcel 1 - Parcel "A", Parcel 1 — Parcel
"B". Parcel 1 — Parcel "C" and Parcel 2.
Section 6. Prohibition on Use of Other Water Resources:
Notwithstanding anything to the contrary, herein INDIAN RIVER CLUB shall no longer use
groundwater for irrigation except for wells already permitted by SJRWMD for use as backup. Otherwise,
INDIAN RIVER CLUB 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) INDIAN RIVER CLUB shall pay the current charged rate of $0.15 per 1,000 gallons for
reclaimed water delivered to the Property up to 200,000 gallons per day until December 31, 2022. From
January 1, 2023, to December 31, 2023, INDIAN RIVER CLUB shall pay a rate of $0.18 per 1,000
gallons for reclaimed water delivered to the Property up to 200,000 gallons per day. Beginning January 1,
2024, INDIAN RIVER CLUB shall pay the prevailing rate, which currently is $0.22 per 1,000 gallons for
reclaimed water delivered to the Property up to 200,000 gallons per day. Any additional acceptance per
Section 1 in excess of 200,000 gallons per day of reclaimed water supplied by COUNTY shall not be
charged to INDIAN RIVER CLUB. The Parties agree that beginning January 1, 2025, the Parties have
the right to renegotiate the charged rate.
(b) Except as set forth in subsection (a) above, 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 INDIAN RIVER CLUB and this
Agreement at the time of such change.
(c) INDIAN RIVER CLUB shall be invoiced according to the COUNTY's normal billing
practices for water customers. INDIAN RIVER CLUB 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. Reserved:
Section 9. Term:
-.The term of this Agreement is twenty (20) years beginning on the Effective Date, as provided
above. This Agreement -shall be renewed automatically for successive 10 -year terms at the expiration of
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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 WWTF FDEP Operating Permit serving
the area.
Section 10. No Direct Offsite Discharee:
Unless expressly authorized by a state or federal agency, INDIAN RIVER CLUB 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 INDIAN RIVER CLUB. INDIAN RIVER CLUB 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 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.
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.
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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 party 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. INDIAN RIVER CLUB shall pay for the cost of
recording.
Section 19. Severabilit /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 INDIAN RIVER CLUB have accepted, made and
executed this Agreement upon the terms and conditions above stated on day and year first above written.
Witness (signature)
0rLA- cQ- C� rrn I C*"kr
Printed Name
INDIAN RIVER CLUB:
197" Gy -rd— o1ci harp
Pres' ent
Date:
itnes signature) ��dd nn
�T )afls ;ti )6' C�22r�1c
Printed Name
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STATE OF tri d
COUNTY OF
The foregoing instrument was acknowledged before me, by means of E�'physical
presce or ❑ online notarization, this (e day of �.� l _, 2022, by Rov 4 b,41 0
the ccsj.ti, 11d. -wi of _� �e ',4,.,,,iL�C�t� , a (state) �C-
corporation, on behalf of the corporation, who is CT personally known or ❑ produced
identification in the form of
NOTARIAL SEAL:
2o�raY �c AMBER WOLVERTON
* Commission # GG 956797
Expires January 27, 2024
-N1FOF 'v- Bonded YhN BU699t NNaY S -'C -
BOARD OF COUNTY COMMISSIONERS O$'o
INDIA, R COUNTY�FLORIDA % �r
By: %
Peter D. O'Bryan, CHA
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By: Q _
Deputy Merk
Approved as to Form and Legal Sufficiency:
By:
Dyldfileingold, County Attorney
App
By:
Jaso
NOTARY PUBLIC
Printed Name:
Commission No.: 6:� 9 S (c —! q,
Commission Expiration: \I -L -7 1Z. -t
''•• ��ER COON ;::
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