02/20/2018 (2) - Laserfiche WebLink

Home Browse Search

(d) JIWM shall be invoiced according to the COUNTY's normal billing practices for water customers. JIWM 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. Section 8. Volume Allocation: The COUNTY will attempt to allocate to JIWM an average daily flow of one million gallons per day. This allocation is non-binding and non -committal. JIWM shall control the volume of reclaimed water accepted, stored and utilized by JIWM. Notwithstanding anything to the contrary, JIWM is not obligated to accept reclaimed water which does not meet FDEP standards or any time HWM's reclaimed water impoundment is at capacity. JIWM agrees that the use of reclaimed water shall take precedence over any other irrigation water source including storm water and groundwater. Section 9. Term: The term of this Agreement is twenty-five (25) years beginning on the Effective Date, as provided above. This Agreement shall be renewed automatically for successive terms at the expiration of any preceding term, unless the Town of Indian River Shores franchise expires or 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. Section 10. No Direct Offsite Discharge: JIWM 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 (impoundments) owned by JIWM.. JIWM 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. In addition, exposed reclaimed water. piping shall be painted `Panton Purple 522C'. Section 11, Reclaimed Water Use Permits: JIWM shall obtain FDEP and all other approvals to deliver and apply reclaimed water to the 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. Section 12. Town of Indian River Shores Franchise This Agreement .is contingent upon approval of a mutually agreed upon 25 -year franchise, for the COUNTY by the Town of Indian River Shores. Section 13. Amendment: A written instrument executed by the party or parties to be bound thereby may only amend this Agreement. Section 14: 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 JIWM. Therefore, while JIWM has theright under Page 4of% 70 kVWOASERVM\Re&remedFoldcm\rm.Mollei\MyDowmentsVIWMSIeMRCReasdGnal7oWsIsland Reuse IRC Agreement (3)10 31 Z017]RC.doe