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reasonable precaution to prevent the use of reclaimed water received as potable water. Signs shall be <br /> strategically posted in accordance with the Florida Administrative Code. JIWM's reclaimed water <br /> facilities shall be operated, maintained, and administered in a manner which adheres to the codes, <br /> standards,and guidelines established by the COUNTY and the respective regulatory agencies. <br /> (d) JIWM shall use the reclaimed water to irrigate the Property in a manner consistent with all <br /> Federal, State and local laws and regulations. JIWM shall file a written plan (IQ Protocol or Reclaimed <br /> Water Use Protocol) with SJRWMD, FDEP and the COUNTY, which outlines the intended use of the <br /> reclaimed water. The Protocol shall be updated and amended in writing whenever the intended use <br /> materially changes. JIWM shall strictly comply with all Federal, State and local regulations with respect <br /> to the discharge of any reclaimed water into State of Florida waters. <br /> Section 2. COUNTY's Liability for Failure to Deliver Reclaimed Water: <br /> (a) JIWM understands and acknowledges that the COUNTY will not guarantee the delivery of a <br /> set amount of reclaimed water. <br /> (b) JIWM further agrees that the COUNTY shall not be held liable to JIWM for any damages or <br /> expenses incurred by JIWM because of the COUNTY's failure to deliver reclaimed water. <br /> Section 3. JIWM's Obligations: <br /> (a) Unless otherwise noted, JIWM shall prepare at its own expense; plans, specifications, <br /> agreements, advertisement and general conditions, hereinafter referred to has the "contract documents" <br /> for the lines and facilities necessary to deliver the reclaimed water from the COUNTY's reuse storage <br /> and repump facility located at 77th Street to the reclaimed water meter serving the Property. JIWM must <br /> obtain COUNTY approval for all plans and specifications prior to submittal to the permitting agencies. <br /> JIWM shall be responsible for all costs associated with the design and permitting and construction of the <br /> facilities not on the Property (which includes but is not limited to transmission lines, reclaimed meter, <br /> and associated appurtenances)whether designed, permitted or constructed by JIWM or the COUNTY. <br /> (b) The design, permitting, construction, operation and maintenance of all on-site reclaimed <br /> water facilities which are on the Property (including but not limited to reclaimed water meter, <br /> transmission lines, pumps, valves, storage facilities, and irrigation equipment) shall be JIWM's sole <br /> responsibility and expense. All construction of on-site reclaimed water lines and facilities up to the <br /> irrigation system shall be subject to COUNTY review and approval. <br /> (c) JIWM shall comply with reasonable requests by the COUNTY concerning on-site operations <br /> and maintenance including but not limited to all FDEP and SJRWMD regulations relating to reporting <br /> requirements, signs, spraying, and color-coding of reclaimed water equipment. <br /> (d)JIWM shall be deemed in possession of the reclaimed water on JIWM's side of the reclaimed <br /> water meter, however JIWM shall not be deemed to own the reclaimed water and the right to transfer or <br /> sell the reclaimed water is limited. JIWM may not transfer or sell the reclaimed water to any party for <br /> use offsite of the Property without written permission from the COUNTY, which permission shall not be <br /> unreasonably withheld. <br /> (e) JIWM may change the location of the site or sites where the reclaimed water is applied <br /> provided such change does not interrupt nor diminish JIWM's ability to accept all of the reclaimed water <br /> and such change remains in compliance with all Federal, State and local regulations and the terms and <br /> conditions of this Agreement. <br /> Page 2 of 8 <br /> \VIPOASERVER\RedirectedFolders\Jim.Moller\My Documents VIWM file\IRC Reuse\Final John's Island Reuse IRC Agreement(3)10_31_2017IRC.doc <br />