2012-044 - Laserfiche WebLink

Home Browse Search

adjacent the Property, and the Reclaimed Meter itself, to enable DEVELOPER to obtain Reclaimed Water for its Facility from the County ' s reclaimed water main (hereinafter known as "Offsite Facilities") . If, following Developer ' s construction of the Offsite Facilities and their connection to County ' s reclaimed water main , the County replaces or relocates its reclaimed water main , the County shall reconnect the Offsite Facilities at its cost to its reclaimed water main without interruption or delay of service . COUNTY shall provide an access easement to DEVELOPER to connect the Offsite Facilities to COUNTY ' S reclaimed water main . C * The DEVELOPER at its cost shall install a reclaimed water flow monitoring and recording device (hereinafter referred to as a "Reclaimed Meter") to measure the volume of Reclaimed Water utilized by the DEVELOPER. The COUNTY shall be granted reasonable access to the Offsite Facilities, including the Reclaimed Meter. The Reclaimed Meter, as part of the Offsite Facilities, shall be dedicated to the COUNTY, which shall operate and maintain it. d . The DEVELOPER shall use the Reclaimed Water for the Facility in a manner consistent with all Federal , State and local laws and regulations . The DEVELOPER shall utilize the Reclaimed Water as specified by its SJRWMD Permit . The DEVELOPER shall strictly comply with all relevant and applicable Federal , State and local regulations with respect to the discharge of any Reclaimed Water into State of Florida waters . 3 . COUNTY ' s Liability for Failure to Deliver 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 . 4 . DEVELOPER ' s Obligations : a . The DEVELOPER shall prepare at its own expense , plans , specifications , agreements , permit applications , and general conditions , etc . hereinafter referred to as the "Contract Documents" for the Offsite Facilities and the Reclaimed Meter . Prior to submittal to the permitting agencies , the COUNTY must approve Contract Documents for the Offsite Facilities and Reclaimed Meter, which approval shall not be unreasonably withheld or delayed . The DEVELOPER shall be responsible for all costs associated with the design , permitting and construction of the Offsite Facilities and Reclaimed Meter . b . The DEVELOPER shall comply with reasonable requests by the COUNTY concerning operations of the Offsite Facilities including but not limited to any applicable FDEP and SJRWMD regulations and permits . c . 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 . The DEVELOPER may not transfer or sell the Reclaimed Water to any party for use on any location other than the Property without written permission from the COUNTY , which permission shall not be unreasonably withheld or delayed . d . The DEVELOPER may change the location of the Property or Facility where the Reclaimed Water is applied provided such change does not interrupt nor diminish the DEVELOPER ' s ability to utilize the Reclaimed Water and such change remains in compliance with all applicable Federal , Page 2 of 10 WPBDOCS 7977917 10