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shall be reviewed and approved by the COUNTY prior to installation (c) SEA OAKS 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 SEA OAKS. SEA OAKS shall take reasonable precaution to prevent the use of reclaimed water received as potable water. Signs shall be strategically posted in accordance with the FDEP requirements. SEA OAKS'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. (d) SEA OAKS shall use the reclaimed water to irrigate the Property in a manner consistent with all Federal, State and local laws and regulations. Section 2. COUNTY's Liabilitv for Failure to Delivery Reclaimed Water: (a) SEA OAKS understands and acknowledges that the COUNTY will not guarantee the delivery of a set amount of reclaimed water. However, any potential interruption of service, that may or may not be caused through no fault of the COUNTY or if caused by others that affects the ability of COUNTY to provide irrigation quality water to SEA OAKS shall be repaired expeditiously by the COUNTY. (b) SEA OAKS further agrees that the COUNTY shall not be held liable to SEA OAKS for any damages or expenses incurred by SEA OAKS because of the COUNTY's failure to deliver reclaimed water. Section 3. SEA OAKS's Obligations: (a) Unless otherwise noted, SEA OAKS 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. SEA OAKS must obtain COUNTY approval prior to submittal to the permitting agencies for any plans and specifications. SEA OAKS shall be responsible for all costs associated with the design and permitting and construction of the off-site facilities whether designed, permitted or constructed by SEA OAKS or the COUNTY. (b) The design, permitting, construction, operation and maintenance of all on-site reclaimed water facilities which are on the Property (including but not limited to reclaimed water meter, transmission lines, pumps, valves, storage facilities, and irrigation equipment) shall be SEA OAKS'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. (c) SEA OAKS shall comply with reasonable requests by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP and St Johns River Water Management District (SJRWMD) regulations relating to reporting requirements, signs, spraying, and color -coding of reclaimed water equipment. Sign location and color of the posted signs shall be in conformance with FDEP regulations. In addition, exposed reclaimed water piping shall be painted `Pantone Purple 522C'. (d) SEA OAKS shall be deemed in possession of the reclaimed water on SEA OAKS's side of the reclaimed water meter, however SEA OAKS shall not be deemed to own the reclaimed water and may not transfer or sell the reclaimed water to any party for use offsite of the Property without written permission from the COUNTY. (e) SEA OAKS may change the location of the site or sites where the reclaimed water is applied provided such change does not interrupt nor diminish SEA OAKS'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. (f) SEA OAKS shall convey to the COUNTY a non-exclusive easement for the installation, operation and maintenance of the reclaimed water meter site and the reclaimed water system. In addition, SEA OAKS shall grant to the COUNTY a non-exclusive ingress -egress easement necessary for the Page 2 of 6 N:\SOPOA\rMGATION - Water Use\RECLAIIAED WATER\Sea Oaks Reuse IRC Agreement rev 09_07_2020 FWAL.doc