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Home My WebLink About2004-179 0 , � / • V'RTsy n ' r 1 AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER `1 r BETWEEN 6 eel *� INDIAN RIVER COUNTY, FLORIDA AND JOHN' S ISLAND CLUB, INC. THIS AGREEMENT made this 10th day of Aug , 2004 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 JOHN ' S ISLAND CLUB, INC . , a Florida Corporation, the address of which is 3 John ' s Island Drive , 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 maintains a golf course to be known as John ' s Island West 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 is required to accept reclaimed water by its Consumptive User Permit (CUP) as issued by St Johns River Water Management District (SJRWMD) 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 is required to accept 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 premises and other good and valuable considerable, the COUNTY and DEVELOPER agree to the special conditions ( SC) as follows : SC - 01 . 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 associated appurtenances from the County ' s reclaimed water main located on County Road 510 near the intersection of 58 "' Avenue to a dedicated storage impoundment . Reclaimed water delivered by the COUNTY will not be provided under pressure . The r DEVELOPER shall provide a minimum 3 -day wet weather reclaimed 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 Page 1 of 6 F \Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\John Island Golf Club West Reuse Water UCP # 2349\Agreement - Johns Island Club Inc - Reclaimed Water Agreement June 14, 2004.doc 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 . 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 . 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 SJRWMD, 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 - 02 . 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 by DEVELOPER because of the COUNTY ' s failure to deliver reclaimed water. SC - 03 . DEVELOPER Is Obligations : Unless otherwise noted, 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 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 off-site 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 . 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 Page 2 of 6 FAUtilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\lohn Island Golf Club West Reuse Water UCP # 2349\Agreement - Johns Island Club Inc - Reclaimed Water Agreement June 14, 2004.doc 0 9 ` d �ss� Bs 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 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, Stated and local regulations and the terms and conditions of this Agreement. The DEVELOPER shall convey to the COUNTY a non-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 - 04 . 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 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 - 05 . 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 9) . SC - 06 . Use of Other Water Resources 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 stormwater for irrigation to the extent there is insufficient reclaimed water available . SC - 07 . Fees and Charges : Upon execution of this Agreement, the DEVELOPER shall begin paying the prevailing rate for 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 Page 3 of 6 F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Pevnits\John Island Golf Club West Reuse Water UCP # 2349\Agreement - Johns Island Club Inc - Reclaimed Water Agreement June 14, 2004.doc 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 - 08 . Volume Allocation : The COUNTY will attempt to allocate an average monthly volume of 4 . 5 million gallons est. 150 , 000 +/- gals/day) . 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 or nearing capacity. The DEVELOPER agrees that the use of reclaimed water shall take precedence over any other irrigation water source including storm water and groundwater . SC - 09 . 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 Discharge : 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 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 F .A. C . 62 -610 . In addition, exposed reclaimed water piping shall be painted ` Panton Purple 522C ' . 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 . Page 4 of 6 F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Petmits\John Island Golf Club West Reuse Water UCP # 2349Wgreement - Johns Island Club Inc - Reclaimed Water Agreement June 14, 2004.doc r r s 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 . Ca tip . ons : 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 : 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. Page 5 of 6 F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\John Island Golf Club West Reuse Water UCP # 2349\Agreement - Johns Island Club Inc - Reclaimed Water Agreement June 14, 2004.doc FILE No . 641 07/ 19 ' 04 17 : 51 ID : FAX : 772 231 8625 PAGE 4 / 4 Jul 19 04 04 : 23P Indian River Utilities 772 770 5193 P . 3 IN WITNESS WHEREOF, the COUNTY and DEVELOPER have accepted, made and executed this Agreement upon the ierms and conditions above stated on day and year first &bove written . Developer : Pe . Gtraham, President John' s Island Club, Inc . Date +i ess (signature) Witness (signs ure) Jam, f %e y Pr►nted Name Printed Nalne STATES OF FLORIDA COUNTY OF INDIAN RIVER. Tgoing instru t / c owlcdged before me this a I day of s� % , 2004. by _ hl is persona y 41owA m or who has produced �i`f ._. - 4 as Wenriffcation and who did take an oath . 5y P • , -`\ " Vii. Notary Public �.� =O" , / EILEEN MULVEY Name: 4/ C uG c)Ci, * ;� . ••�• �; _ Notary Public Commission Number: 41 j State of Ohio mmission Expiration: c3d� • `'' MY Expires May 14, OF 20� dr ' " " •` � BOARD OF COUNTY CO I�`aSIQNER ` INDIAN RIVER CO Jeffrey K. Barton, VIP"Clerk Arthur R . Neuber �'�. , e Lh ,,3,r n BCC Approved : Au6;f;) i'd, OF00 PROVED . c. t , inistrator seph A . Baird AP R VED S TO FORM A E SU MARIAN E . FEL ASSISTANT COUNTY ATTORNEY Page 6 of 6 Fl\VW4k&%UTIWTY - 9NC1K6404*4 \ mjoca • Ulguy Csnclrunlas PemAsVoW Iol"d 001( club Wo Rows wank UCP 0 ISOAreakkai - JON 1644 Club Inc . 1lnslaamd Moo r1&'00man Jono 11, 2064.doo JUL -20-2004 14x06 COLLINS BROWN CALDWELL 772 234 5213 P . 03/03 �J IEGAL�E6CAIPTION Parcel ' A ' Northeast 1/ 4 of the Southeast 1/4 of Section 29 , Township 31 Souths Range 39 East and containing 41 . 07 acres , more or less . And the Southeast 1/ 4 , of the Northeast 1/ 4 of Section 29 , Township 31 South Range 39 East , containing 40 . 87 acres # more or less _ And that part of the Northwest 1/4 of the Southewest 1/4 of Section 28 , Township 31 South , Range 39 East , lying west of the F . E . C . Railroad 100 . 00 foot right-of-way containing 40 . 67 acres , more or lass . . And that part of the Southwest 1 / 4 of the Northwest 1/ 4 of section 29 , Township 31 South , Range 39 Sast , lying West of the F . E . C . Railroad 100 . 00 loot right-of-way , containing 29 . 04 acres , more or lees . And that part of the Northwest 1/ 4 of the Northwest 1/ 4 of Sections 28 , Township 31 South , Range 39 East , lying West of the F . E . C . Railroad 100 . 00 foot right -of-way , containing 9 . 20 acres , more or less . And that portion of the Northeast 1/4 of the Northeast 1/ 4 of Section 29 , Township 31 South , Range 39 East , lying West of the F _ E . C _ Railroad 100 . 00 foot right -of -way , containing 40 . 86 acres , more or leas , net acreage for Parcel ' A ' of 201 . 71 acres . PD. SYLS PIN N0063 "!6" llf 13312 . 92 TOTAL P . 03 EXHIBIT A