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HomeMy WebLinkAbout1999-328ELI 0 AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE LINKS AT POINTE WEST, LIMITED LIABILITY COMPANY THIS AGREEMENT made this L6L,� day oft 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 The Links at Pointe West a Limited Liability Company (LLC) (General Partner by Charles R Mechling Manager and Thomas R Jones Manager), the address of which is 4445 Highway AIA, Suite 250, 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 is installing and maintaining a golf course to be known as Pointe West of Vero Beach 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 terms of this agreement, FDEP and St. John River Water Management District Consumptive Use Permit; and NOW, THEREFORE, for and in consideration of the promises and other good and valuable considerable, the COUNTY and DEVELOPER agree to the special conditions (SC) as follows: SC - I. 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 Reclaimed Water Page 1 of 12 Agreement C:\Steven Doyle Files\Project - Pointe West of Vero Beach\Point West of Vero Beach, Reclaimed Water Agreement, Nov 17,1999.doc 0 associated appurtenances from the County's reclaimed water main located on 82"d. Avenue near the intersection of 12' Street, to a FDEP and SJRWMD approved impoundment Reclaimed water delivered by the COUNTY may not be provided under pressure. The Developer shall provide a minimum 3 -day wet weather reclaimed water storage facility or impoundment pursuant to FDEP Program Guidance Memo (DOM -96-01) dated April 26, 1996 or its sequel 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 reclaimed meter on the DEVELOPER'S property. The COUNTY shall be granted reasonable access to the reclaimed metering system and related appurtenances. The reclaimed metering system components shall be reviewed and approved by the COUNTY prior to installation. 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 potable use of reclaimed water.. Signs shall be strategically posted in accordance with Florida Administrative Code (F.A.C.) 62-610. DEVELOPER's shall operate, maintain and administer reclaimed water facilities in a manner, which adheres to the codes, standards and guidelines established by the County and applicable regulatory agencies. The 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. SC - 2. COUNTY's Liability for Failure to Delivery 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 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 has the "contract documents" for the lines and facilities necessary to deliver the reclaimed water from the COUNTY's facilities to the reclaimed meter serving the property. The COUNTY prior to submittal to the permitting agencies must approve all plans and specifleations. The DEVELOPER shall be responsible for all costs associated with the design, 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 December 1999. Reclaimed Water Agreement Page 2 of 12 C:4Steven Doyle FilesTroject - Pointe West of Vero Beach\Point West of Vero Beach, Reclaimed Water Agreement, Nov 17,1999.doc 40 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 DEVELOPEWs 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 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 without written permission from the COUNTY. The DEVELOPER may change 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, State and local regulations and the terms and conditions of this Agreement. The DEVELOPER shall convey to the COUNTY an exclusive easement for the reclaimed water meter site. In addition, the DEVELOPER 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. 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. After the COUNTY's final inspection of the off-site reclaimed water 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) 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 (WWTF) Operating Permit. 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"), Reclaimed Water Agreement Page 3 of 12 C:V4teven Doyle FilesTroject • Pointe West of Vero BeachtPoint West of Vero Beach, Reclaimed Water Agreement, Nov 17, 1999.doc 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 reclaimed water for irrigation to the extent there is insufficient storm water available. Refer to Exhibit B, letter dated September 3, 1999 from St. Johns Water Management District. SC - 7. Fees and Charges: Upon the COUNTY's adoption of a Reclaimed Water User Char eg_the DEVELOPER shall begin paying the prevailing rate for reclaimed water for the reclaimed water 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). 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 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 penalties and 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 penalties and interest to accrue. SC - 8. Volume Allocation: The COUNTY will attempt to allocate an average daily volume of 150.000. alg Ions. This allocation is non-binding and non -committal. The DEVELOPER shall control the volume of reclaimed water accepted, stored and utilized by the DEVELOPER. Notwithstanding anything to the contrary, the DEVELOPER is not obligated to accept reclaimed water which does not meet FDEP standards or any time the DEVELOPER'S reclaimed water impoundment is at capacity. The DEVELOPER agrees that the use of reclaimed water shall take secondary precedence to stormwater and shall take primary precedence over any other irrigation water source including groundwater. Refer to Exhibit B. SC - 9. Term: The term 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 serving the area. SC - 10. No Direct Offsite Disch Vie: 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 potable use of reclaimed water. "Reclaimed Water in Use" warning signs shall be posted in strategic places to prevent potable 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 accordance with the Florida Administrative Code. Reclaimed Nater Agreement Page A of 12 C.\Steven Doyle Files\Project - Pointe West of Vero Beach\Point West of Vero Beach, Reclaimed Water Agreement, Nov 17, 1999.doc SC - 11. Reclaimed Water Use Permits: The DEVELOPER shall obtain FDEP and all other approvals to deliver and apply reclaimed water to DEVELOPER's 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 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. SC - 12. Amendment: A written instrument executed by the party or parties to be bound thereby may only amend this Agreement. SC - 13. Assignability: Either party may assign this Agreement, however, the rights granted herein shall run 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 - 14. 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. Sc - 15. 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 - 16. 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 - 17. 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 - 18. 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 - 19. Multiple Counterparts: Reclaimed Water Agreement Page S or 12 C:VSteven Doyle FilesTroject • Pointe West of Vero Beach\Point West or Vero Beach, Reclaimed Water Agreement, Nov 17, 1999.doc 40 • • 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 - 20. 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 - 21. 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. SC - 22. 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 DEVELOPER have accepted, made and executed this Agreement upon the terms and conditions above stated on day and year first above written. �QQ Developer , lLinks at Pointe We s LLC Q�-1� By: 'Nr219 e (signature) Developer's name (signbmie _ j.I P Lma_vlrt By: Charles R. Mechling. M s (print) Developer's name (print) 7(W - Witness ignature) 3u-� K�a� Witness (print) STATE OF FLORIDA COUNTY OF INDIAN RIVER Thef goin instrument w s acknowledged before me this D day of W–Az� 1999, by AA�l who is Urso alry__known to me or who has produced as identificktion and who did take an oath. Reclaimed Water Page 6 of 12 Agreement QNStaven Doyle FilesTroject - Pointe West of Vero BeachlPoint West of Vero Beach, Reclaimed Water Agreement, Nov 17, 1999.doc • pF.NNE F HAM©LIN ,91:::[1,11 E..p 7121100 `"^unr�'lllurvIpG RV Ills s\ueua / tip 1a571U;[i (Notary Stamp) ATTEST: Je ey on, Doty Cle' STATE OF FLORIDA COUNTY OF INDIAN RIVER No Public / Name: Commission Num r: G Commission Expiration:__I1 110'0 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUI , FLORI b Kenneth R. Macht, Chairman Before me personally appeared Kenneth R. Macht, as Chairman of the Board of County Commissioners, andPATRICIA M. glnncftDeputy Clerk, to me well known instrument, and they acknowledge before me they executed same. Witness my hand and officials seal this /� day of _�� 1999. 'n ^' W"' Kimberly E. Massung MY COMMISSION 0 CC855436 EXPIRES 15,2003 60NDED THRU TR YFAIN INSURAXC INC Notary Publi Name: Commission Number: _ Commission Expiration: - l!!t9�1y1Alr� lTil�l!!JY.�L•i� Reclaimed Water Agreenuml Page 7 of 12 CASteven Doyle Files\Project - Pointe West of Vero MachU'oinl West of Vero Beach, Reclaimed Water Agreement, Nov 17, 1999.doc 40 • EXHIBIT A Page 1 of 3 LEGAL DESCRIPTIGN AND PLAT A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 33 SOUTH, RANGE 38 EAST, AND SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING IN INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL DESCRIBED AS FOLLOWS: PARCEL 1 COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 12; THENCE SOUTH 00012'52" WEST, ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°12'52" WEST, A DISTANCE OF 1014.90 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 89°52'32" WEST, A DISTANCE OF 685.65 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 360.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31008'19", A DISTANCE OF 195.65 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 432.50 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31008'19", A DISTANCE OF 235.05 FEET; THENCE SOUTH 89052'32" WEST, A DISTANCE OF 65.69 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE WESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'00", A DISTANCE OF 39.27 FEET; THENCE NORTH 00007'28" WEST, A DISTANCE OF 145.71 FEET; THENCE NORTH 89052'32" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00007'28" WEST, A DISTANCE OF 462.68 FEET; THENCE NORTH 89052'32" EAST, A DISTANCE OF 168.70 FEET; THENCE NORTH 00007'28" WEST, A DISTANCE OF 267.21 FEET; THENCE NORTH 89052'06" EAST, A DISTANCE OF 823.46" FEET; TO THE POINT OF BEGINNING. TOGETHER WITH PARCEL 2 COMMENCE AT PREVIOUSLY DESCRIBED POINT "A'; THENCE SOUTH 00°12'52" WEST, A DISTANCE OF 50.00 FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 00012'52" WEST, A DISTANCE OF 1555.01 FEET; THENCE NORTH 89*35'23" WEST, A DISTANCE OF 3406.05 FEET; THENCE NORTH 000 14'19" EAST, A DISTANCE OF EXHIBIT A Page 2 of 3 LEGAL DESCRIPTION AND PLAT 1296.07 FEET; THENCE NORTH 89153'24" WEST, A DISTANCE OF 578.66 FEET; THENCE NORTH 00014'19" EAST, A DISTANCE OF 1293.71 FEET; THENCE NORTH 89052'34" EAST, A DISTANCE OF 594.61 FEET; THENCE SOUTH 00°07'28" EAST, A DISTANCE OF 1090.50 FEET; THENCE NORTH 89°52'32" EAST, A DISTANCE OF 1019.50 FEET; THENCE SOUTH 00°07'28" EAST, A DISTANCE OF 318.64 FEET; THENCE NORTH 89039'10" WEST, A DISTANCE OF 687.11 FEET; THENCE SOUTH 00020'50" WEST, A DISTANCE OF 796.29 FEET; THENCE SOUTH 89039'10" EAST, A DISTANCE OF 2638.26 FEET; THENCE NORTH 00°20'50" EAST, A DISTANCE OF 796.29 FEET; THENCE NORTH 8999'10" WEST, A DISTANCE OF 150.82 FEET; THENCE NORTH 00020'50" EAST, A DISTANCE OF 334.25 FEET; TO A POINT HEREINAFTER REFERRED TO AS POINT "B" AND THE POINT OF CURVATURE, OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89031'41", A DISTANCE OF 39.06 FEET; THENCE NORTH 89052'32" EAST, A DISTANCE OF 535.24 FEET, TO THE POINT OF BEGINNING. TOGETHER WITH PARCEL 3 COMMENCE AT PREVIOUSLY DESCRIBED POINT "B"; THENCE SOUTH 89'24'13" WEST, A DISTANCE OF 50.01 FEET; TO THE POINT OF BEGINNING; THENCE SOUTH 00020'51" WEST, A DISTANCE OF 333.43 FEET; THENCE NORTH 89039'10" WEST, A DISTANCE OF 1700.33 FEET; THENCE NORTH 00°07'28" WEST, A DISTANCE OF 319.05 FEET; THENCE NORTH 89°52'32" EAST, A DISTANCE OF 1283.47 FEET; THENCE NORTH 44052'44" EAST, A DISTANCE OF 36.17 FEET; THENCE NORTH 89052'32" EAST, A DISTANCE OF 368.98 FEET; TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90028'19", A DISTANCE OF 39.48 FEET, TO THE POINT OF BEGINNING. TOGETHER WITH PARCEL 4 C7 • EXHIBIT A Page 3 of 3 LEGAL DESCRIPTION AND PLAT COMMENCE AT PREVIOUSLY DESCRIBED POINT "A'; THENCE NORTH 89052'32" EAST, A DISTANCE OF 100.00 FEET, TO THE POINT HEREINAFTER REFERRED TO AS POINT "C" AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 00012'52" EAST, A DISTANCE OF 1014.87 FEET; THENCE NORTH 89053'32" EAST, A DISTANCE OF 1665.02 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'00", A DISTANCE OF 39.27 FEET; THENCE SOUTH 00006'28" EAST, A DISTANCE OF 324.90 FEET; THENCE SOUTH 89°53'32" WEST, A DISTANCE OF 1350.72 FEET; THENCE SOUTH 00006'28" EAST, A DISTANCE OF 664.86 FEET; THENCE SOUTH 89052'32" WEST, A DISTANCE OF 345.01 FEET, TO THE POINT OF BEGINNING. TOGETHER WITH PARCEL 5 COMMENCE AT PREVIOUSLY DESCRIBED POINT "C'; THENCE SOUTH 00012'52" WEST, A DISTANCE OF 50.00 FEET, TO THE POINT OF BEGINNING, THENCE NORTH 89052'32" EAST, A DISTANCE OF 345.29 FEET; THENCE SOUTH 00°06'28" EAST, A DISTANCE OF 837.56 FEET; THENCE NORTH 89053'32" EAST, A DISTANCE OF 1273.13 FEET; THENCE NORTH 69017'32" EAST, A DISTANCE OF 2055.48 FEET; THENCE NORTH 00006'28 WEST, A DISTANCE OF 829.22 FEET; THENCE SOUTH 89053'32" WEST, A DISTANCE OF 1796.47 FEET; THENCE NORTH 00°06'28" WEST, A DISTANCE OF 324.90 FEET, TO THE POINT OF CURVATURE, OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 39.27 FEET; THENCE NORTH 89053'32" EAST, A DISTANCE OF 2126.72 FEET; THENCE SOUTH 00012'00" WEST, A DISTANCE OF 1422.36 FEET; THENCE SOUTH 69017'22" WEST, A DISTANCE OF 4166.85 FEET; THENCE NORTH 00°12'52" EAST, A DISTANCE OF 1823.78 FEET; TO THE POINT OF BEGINNING. CONTAINING ACRES, MORE OR LESS. do • EXHIBIT C LETTER DATED SEPTEMBER 3, 1999 FROM ST. JOHNS WATER MANAGEMENT DISTRICT .. J September 3, 1999 Steve Melchiori OnSite Management Group 4445 A1A, Suite 250 Vero Beach, FL 32963 Re: The Links at pointe West Dear Mr. Melchiori: POST OFFICE ROX 14" PAUlTKA, FLORIDA 3217E MdSUNCOM 904M FAX a) IUAJ2$ ap q ns N6 OB -945 11 " —.'--� ilnsmG,eRy 7r No-owW" j OI�U FOMnTWM&ft 72BOt No tft f ZWp� F. Adar%ft M0,7�Se 0604 �lmBl �Anm&n looaxen.san re 404PA-MMA ��-72 e, twou tnoeo►+�e.rao tooeorrfidxa tooear.� I have received your letter dated August 26, 1999 that briefly describes your proposed golf course and the possible water sources to meet irrigation needs. The letter also requests comments on the possible water sources as well as reasonable assurance that a consumptive use permit can be obtainod for this project. Our rules require that the most appropriate water sources be utilized when economically, environmentally, and technologically feasible. Your proposal to use stormwater from the Main Relief Canal as the primary water source, reclaimed water from Indian River County as a secondary source, and ground water from a onsite well as a emergency back-up water source meets our criteria. In fact, your preferred use of stormwater is particularly encouraged in since it will result in less fresh water discharges to the naturally brackish Indian River Lagoon. We have not received an application for this site yet. However, presuming an efficient irrigation system, a well designed golf course, and that best management practices will be utilized, our reasonable beneficial criteria can be met. When the permitting criteria are met and the application is complete, District staff can then recommend approval to our Govemina Board. The final decision is then made by our Governing Board. Please call me at 676-6605 if you have any questions or would like to discuss possible cost -share grant funding opportunities. ki)ee I y Rich Burklew, P.G., Hydrologist IV Melbourne Service Center Department of Resource Management cc: John JuliannolS,JRWMD Oen rtoach, cwww,,w OURne Ouenet Nf. TAWUn[a Otis Mesa. M"TAAY