HomeMy WebLinkAbout1999-256AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
RED STICK GOLF CLUB INC
THIS AGREEMENT made this 5th day of October , 1999 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 RED STICK GOLF CLUB INC a Florida
Corporation, the address of which is 950 Seventeenth Street, #1600, Denver, Colorado 80202 (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 tern 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 is installing and maintaining a golf course to be known as RED
STICK 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
and wishes to utilize reclaimed water 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 will
utilize the reclaimed water in accordance with the terns 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
consideration the COUNTY and DEVELOPER agree to the special conditions (SC) as follows:
SC - 1. Delivery and Acceptance:
The COUNTY will delived the DEVELOPER agrees to receive reclaimed water at the
Developer's property line affUyagreeable point commencing on or about May 2000. 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 Hobart Road, near the intersection of Kings Highway and Old Dixie Highway to a dedicated
storage impoundment. _
Rcelaiined water delivered by the COUNTY will not be provided under pressure. The Developer
shall provide a minimum 3 -clay wet : e—a-dier reclaimicd 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 control the discharge of reclaimed
water to the stormwater management system.
The DEVELOPER shall install a reclaimed water flow monitoring and recording device
(hereinafter referred to as a "reclaimed meter") to monitor the volume of reclaimed water delivered to the
DEVELOPER. The COUNTY will determine the location of the meter on the DEVELOPER'S property.
The COUNTY shall be granted reasonable access to the reclaimed water system and related
appurtenances. The reclaimed water system components shall be reviewed and approved by the
COUNTY prior to installation.
Page 1 orb
Reclaimed Water
Agmemcn4 Aug 23, 1999
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The DEVELOPER 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 the DEVELOPER.
DEVELOPER shall take reasonable precaution to prevent the use of reclaimed water received as potable
water. Signs shall be strategically posted in accordance with Florida Administrative Code (F.A.C.) 62-
610. DEVELOPER'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.
Ile DEVELOPER shall use the reclaimed water to irrigate the property in a manner consistent
with all Federal, State and local laws and regulations. The DEVELOPER shall file a written plan (IQ
Protocol or Reclaimed Water Use Protocol) with the FDEP and the COUNTY, which outlines the
intended use of the reclaimed water. The Protocol shall be updated and amended in writing whenever the
intended use materially changes. The DEVELOPER shall strictly comply with all Federal, State and
local regulations with respect to the discharge of any reclaimed water into State of Florida waters.
I
SC - 2. COUNTY's Liability for Failure to Delivery Reclaimed Water:
The DEVELOPER widerstands and acknowledges that the COUNTY will not guarantee the
delivery of a set amount of reclaimed water. However, the COUNTY will endeavor to provide 181.350
gallons per day (GPD) to the DEVELOPER.
The DEVELOPER further agrees that the COUNTY shall not be heh. liable to the DEVELOPER
for any damages or expenses incurred by DEVELOPER because of the COUNTY's failure to deliver
reclaimed water.
SC - 3. DEVELOPER's Obligations:
The DEVELOPER shall prepare at its own expense, plans, specifications, agreements,
advertisement and general conditions, hereinafter referred to j(as 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. The COUNTY prior to submittal to the permitting agencies must
approve all plans and specifications. The DEVELOPER shall be responsible for all costs associated with
the design and permitting and construction of the offsite facilities (which includes but is not limited to
transmission lines, reclaimed meter, and associated appurtenances) whether designed , permitted or
constructed by the DEVELOPER or the COUNTY. Plans and specifications shall be submitted to the
COUNTY no later than ninety (90) consecutive days from the effective date of this agreement or this
agreement will automatically become null and void.
The design, permitting, construction, operation and maintenance of all on-site reclaimed water
facilities which are on the DEVELOPER's property (including but not limited to reclaimed water meter,
transmission lines, pumps, valves, storage facilities, and irrigation equipment) shall be the
DEVELOPER'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.
The DEVELOPER shall comply with reasonable requests by the COUNTY concerning on-site
operations and maintenance including but not limited to all FDEP and SJRWMD regulations relating to
reporting requirements, signs, spraying, and color -coding of reclaimed water equipment.
The DEVELOPER shall be deemed in possession of the reclaimed water on the DEVELOPER's
side of the reclaimed water meter, however the DEVELOPER shall not be deemed to own the reclaimed
water and the right to transfer or sell the reclaimed water is limited. The DEVELOPER may not transfer
or sell the reclaimed water to any party for use offsite of the property without written permission from the
COUNTY, which permission shall not be reasonably withheld.
The DEVELOPER may charge the location of the site or sites where the reclaimed water is
applied provided such change does not interrupt nor diminish the DEVELOPER's ability to accept all of
the reclaimed water and such change remains in compliance with all Federal, Stated and local regulations
and the terms and conditions of this Agreement.
The DEVELOPER shall convey to the COUNTY a non-exclusive casement for the reclaimed
water meter site. In addition, the DEVELOP shall grant to the COUNTY a non-exclusive ingress -
egress easement necessary for the COUNTYa is own expense to maintain, operate and monitor
the reclaimed eater meter, up to and including the meter.
The DEVELOPER shall be responsible for obtaining all construction and operating permits
required for the construction, delivery, use, monitoring and storage of the reclaimed water.
Atter the COUNTY's final inspection of the off-site reclaimed water facilities for contbrmance
with the approved plans and specifications, the DEVELOPER shall convey all the offsite facilities to the
Page 2 orb
Reclaimed Water
Agreement, Aug 23, 1999
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COUNTY. The conveyance shall include, but not be limited to the following decumcnts, 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)
SC - 4. Quality of Reclaimed Water:
The COUNTY will provide reclaimed water meeting the standards set forth by the Florida
Department of Environmental Protection as defined in the COUNTY's Wastewater Treatment Facility
(1AAVTT) Operating Permit Reclaimed Water. Sampling for conformance with reclaimed water quality
shall be performed at the location and frequency defined in the FDEP WWTF Operating Permit, Only
reclaimed water meeting FDEP water quality standards will be delivered to the DEVELOPER.
SC - 5 Property to be Served:
The DEVELOPER shall use the reclaimed water only on the property described in Exhibit `A',
attached hereto and incorporated by reference (hereinafter referred to as the "Property").
SC - 6. Use:
Notwithstanding anything to the contrary, DEVELOPER shall, subject to the terms of the
Consumptive Use Permit, FDEP Permit, NPDES Permit and regulatory agency permitting, have the right
to use groundwater and stornwater for irrigation to the extent there is insufficient reclaimed water
available.
SC - 7 Fees and Charges:
Upon the COUNTY's adoption of a Reclaimed Water User Charge. the DEVELOPER shall
begin paying the prevailing rate for reclaimed water 69 delivered to the Property.
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). Tb reclaimed
water fees and charges may be changed at any time at the sole discretion of the CO 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 provisions of reclaimed water and the associated wastewater treatment costs.
The DEVELOPER shall be invoiced according to the COUNTY's normal billing practices for
water customers. 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.
SC - 8. Term:
The tern of this Agreement is seven (7) years. This Agreement shall be renewed automatically
for successive 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 (County's Operating Permit) serving
the area.
SC - 9. No Direct Offsite Dischame•
DEVELOPER 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 the DEVELOPER.
DEVELOPER will take all! reasonable precautions to prevent the use of reclaimed water received as
potable water. "Reclaimed Water in [Tse" 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 F.A.C. 62-610. In addition, exposed reclaimed water piping shall be
painted `Panton Purple 522C'. in
SC - 10. Reclaim Water Use Permits:
The COUNTYW COUNTY,request a permit modify of the COUNTY'S FDEP WWTF Operating Permit
to include the DEVELOPER'S site as a permissible reclaimed water use site. The COUNTY makes no
commitment on FDEP's acceptance or denial of the request. Should FDEP denial a permit modification
then this Agreement will automatically be null and void.
The DEVELOPER shall obtain FDEP and all other approvals to apply reclaimed water to
DEVELOPER's property. If, through no fault of the parties involved, any federal, state or local
govkm`ment or agency (excluding the COUNTY) fail to issue necessary permits, grant necessary
AN
+ -19t its own expense, Page 3ofL
Reclaimed Water
Agreement, Aug 2), 19W
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approvals, or require a material change in the system, 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.
Amendment:
A written instrument executed by the party or parties to be bound thereby may only amend this
Agreement.
SC - 12. Assignability:
Either party may assign this Agreement, however, the rights granted herein shall nun with the
land 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.
SC- d3. Authority
Each party hereto represents and wan -ants 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.
SC - 14. 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.
SC - 15. 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.
SC - 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.
SC - 17. 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.
SC - 18. Multiple Counteroarts:
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.
SC -19. 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.
SC - 20. _ Severability / Invalid provision:
If any provision of the Agreement is held to be illegal, linvwfid or ununforccabie undcr 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.
SC - 21. 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.
Page 4 or G
Reekinwd Nater
Agremrent. Aug 23. 1 Kr)
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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.
--tt
it s (signature)
�e
Name
Witddss (signature)
YIRc���� ScNuJ>�ei �iL.�
WitrNs Pri ed Name
s
Witttecss (si �nature)
nL
ng 14
Witness Printed Name
ATTEST:
STATE OF DA New YVP .-
COUNTY OF R+DhkN-Ri-d i�LSrCII `t
DEVELOPER:
RED STICK GOLF CLUB, INC.
a Florida Corporation
By:
(P�1114d kci A j.A--
Warren L. Sch erin, President
Cr y v_
RED STICK GOLF INVESTMENTS, LTD..
by its General Partner,
RED STICK ACQUISITION CORPORATION
a Florida Corporation /'
By: `�
arren L. Schwerin, President
BOARD OR COUNTY COMMISSIONERS OF
INDI VER CO ORIDA
enneth R. acht, Chairman
BCC Approved 10-05-99
The foregoing instrument was acknowledged before me this,' day of UST , 1999, by Warren L.
Schwerin, President of RED STICK GOLF CLUB, INC., a Florida Corporation, on behalf of the Corporation.
He is personally known to me or has produced as i pntification.
ary Public SHERRI D. WILSON
Name: Notapf Public. State of New York
Commission Number: No. 01WI6009Hut)
�ehester-Gounty
(Notary Stamp) Commission Expiration ninn,rnirwS -];;I' _6, 2000
STATE OF Rbefflf)A 0" Y004 -
COUNTY OF n,TTtcatvrrirnv� &je o
The foregoing instrument was acknowledged before me this I!` day of4&G , 1999, by Warren L.
Schwerin, President of RED STICK ACQUISITION CORPORATION, a Florida corporation, General Partner
of RED STICK GOLF INVESTMENTS, LTD., a Florida limited partnership, who executed same on behalf
of the Corporation and the Limited Partnership, and who is personally known to me or who has produced
as identification.
Mdary Public
Name: SHERRI D. WILSON
Commission Number: otary c, eo ewYork
ui
(Notary Stamp) Commission Expiration: OualiRed i� wactchastar County
Com—mission E -oras „ u!Y S, 2000
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personallyppeared Kenneth R. Macht, as Chairman of the BOARD OF COUNTY
COMMISSIONERS, an�eff -ey K. Barton, as CLERK OF CIRCUIT COURT, to me well known and known
to me to be the persons described to and who e
b fore me they executed sameDEPUTY CLER
PATRICIA M. RIDGELY, I '
Witness my hand and official seal this 5th day
(Notary Stamp)
xecuted the foregoing instrument, and they acknowledged
-fc5pe
of 1999. 'l
Notary Public
Name: Kimberlv E. Massuno
Commission Number: C 08554 2 &
Commission Expiration: l u 1 "5 , 2()n -1,
1108C5 of 6
EXHIBIT A
LEGAL DESCRIPTION AND PLAT
<Insert Legal Description and Sketch here>
Page c orb
RMAinwd water
Agreement, Aug i3.11)99
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EXHIBIT p
PARCEL Commencing" -
East_ tlyence at the South 1/4 corner of -
North o0°32'_32" Section 33, Township 31outh, Flange 39
--__.-_ Bast a distance of 40,00 feat. to the North ri ht -
of Hobart road and the Point Of Beginnin �~ - —•--
-----_g of -way line.
1/4 Section Line a distance of 1290.73 feetthence Continue North 00-32'32"
of the Southeast 1 t0 the Northwest corner of'32 East west the
1/9 section /4 Of said Section 33; thence continue North , „ ttie S uthweat 1/4
line a distance'Of 325.66 feet to 00 32 26"'Eas� alon
Of the Northeast 1/4 of the to
1 4 the Northeast corner of g the
along the North / of said Section 33 the South 10 acres
line of said South 10 acres a distance of 1337then50 fectotot� 00-50"53"
corner of said .South 10 acres, thence South 00035'25" West a distance of 325,4.67 feet to
tl,e Southeast corner of the Northwest 1 q tl� Northwest
South 09°II;0'S3" West along / of the Southwest 1/4 of said Section 33; thence
Section i3 a distance- Of 431h92Sfeet to�thefEasterlysaid rright-otilwent f -way
Southwest ,/; Of
thence North 19°19'06" West along said Easterly Ea -
feet; right-of-way line a distancetofa142 Canal;
thence continue Wen
distance of 826.74 along said Easterly right-of-way line North 26° " 1,24.99
feet to rhe �_., 26 33 West a
thence North 01° " inLereection of the East right-of-way
G47.02 00''9 East along said East right-of-wa line of 58th Avenue;
feet to a point of curve; thence alongY line right
50th Avenue a distance Of
04021'53", a radius Of 2824,94, an arc len o curve to the right Navin
thence continue along length Of 215.20 g a delta Of
said East right- -way feet to the point of tangency;
feet to a point of curvet thence along y line North 05°22151"
radius, of 2909.93, an arc length of n21a21ur et to Ease a distance of ", a
to the left having a delta of 04°21'53", a
along said East t right way line North 01°00'59" Bast a distance of 7.79 ,05 feet
the Point of tangency; thence continue
leaving said East right line
line North 89°'59m East
a distance of
North pl°00,S0,, East a distance of 210.10East % thence
211.08 feet thence North O1°00' " feet theirce South09013003"355,7'] feet, thence
right-of-way 59 East a distance Of 160.49fet t West a distance of
y line of County Road 510; said e,, to the South
North Section line o" id Light -of -way line is 40,00 feet South of the
a distanceeofi3n 335'4; thence
etNorth 19'11'03" East along said South
right-of-wayline
hence
South 00°54'52" West a:distance oc 620,27 feet, thence Northid 9g,uth right -Of -way
1556.80 feet, thence South 00-037'21m ght-of-way line
East a distance of 32.96 feet, thence North B9°15'18" East a distance thence
South22'54152-
the
2'5e o£
37 21 West a distance of 60.32 £set, thence South 22°54'52^
Of
the Westerly right-of-way line of, the Florida East Coast Railway;
et to
9 of -way South 25°54'42" East a distance of 600.97 thence along said
along said Westerl
continue alon y right-of-way South 89°13'05^ Went a distance of 22tlpnce continue
g said Westerly right-of-wa °� feet;
to the intersection o£• the North ling of South 25 �4 42" thence
Section 33; > East a distance of 2,9 thence
feet
thence South ° O' the southeast 1/9 of the Northeast
located 100.00 89 56 27" West along said North line 320.77 feet 1/9 of said
feet East of the Northwest corner of the Southeast 1 9
Of said Section 33; thence aloe he a point
Southeast 1/4 of the g. a line 100.00 Feet East of the West of the Southeast 1/4
intersection with Southeast 1/4, South 00°24157" West a distance oft- of said
the North line of Hobart Estates Unit One as 1090.•
Page 20, Public Records o£ recorded in p a feet to the
South 89°58'17" Indian River County, at Hook 0,
East a distance of 777, Florida;% thence along said Nor
Estates Unit One; thence along 89 feet to the Northeast corner of North kine
- - g the Easterly line of said Hobart Estates,. said Hobart
25°56'92" East a di Unit One, South
line of Hobart of 222.30 feet to the intersection with
South line of said Section said right-Of-wayline bei' the North right -Of -way
g 40.00 feet Noirtilland Parallel to the
thence North 89°50'47" West along said North right-of-way
ins a distance of 2396.99 feet back to the point of beginning, '
TOGETHER WITH:
Los's 1, 2 3 } 5
thereof, ti
as record—i ;`7' 0 and 9, }IOBART FeTrTE^ I
Piet Book A, m UNIT NO: 1 - -
Florida. - - - Public Records�OfL`Griiing to the plat
N^g� 10
Indian River County,
._..LESS ANII-E}CGhPT: _
PARCEL 2:- _
All land lying East of the East right-of-way ling ofi5E1,th Avenue; South of the
South right-of-way line of Lateral D-7
Lateral G. . All of the above lying ,•and West of the Westerly right -Of -way wa
of Section 33, Township yip' and bei' in the Northwest 1/4 of ,tie Southwest 1/4
record. P 31 South, Range 39 East, L:_SS AND EXCEPT all rights of way of
AND LESS AND EXCEPT:
PARCEL 3 -All land 'lying East of the East right-of-way line of 50th Avenue; `West of the
Westerly right-of-way line of Lateral 0
G-7 Canal. All of the above lying ; North of the North right-of-way ling of Lateral
Section 33, Township 31 South,yRan end being in the Southwest 1/4 of the Nor�hwest 1/4 of
record, g 39 Saet, LESS AND EXCEPT all rights Of way of