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(c) INDIAN RIVER CLUB shall use the reclaimed water to irrigate the Property in a manner <br />consistent with all Federal, State and local laws and regulations. <br />Section 2. COUNTY's Liabilitv for Failure to Deliver Reclaimed Water: <br />(a) INDIAN RIVER CLUB understands and acknowledges that the COUNTY will not guarantee <br />the delivery of a set amount of reclaimed water. However, any potential interruption of service, that may <br />or may not be caused through no fault of COUNTY or if caused by others that affects the ability of <br />COUNTY to provide irrigation quality water to INDIAN RIVER CLUB shall be repaired expeditiously <br />by the COUNTY <br />(b) INDIAN RIVER CLUB further agrees that the COUNTY shall not be held liable to INDIAN <br />RIVER CLUB for any damages or expenses incurred by INDIAN RIVER CLUB because of the <br />COUNTY's failure to deliver reclaimed water. <br />Section 3. INDIAN RIVER CLUB's Obligations: <br />(a) INDIAN RIVER CLUB shall comply with reasonable requests by the COUNTY concerning <br />on-site operations and maintenance including but not limited to all FDEP and St. Johns River Water <br />Management District (SJRWMD) regulations relating to reporting requirements, signs, spraying, and <br />color -coding of reclaimed water equipment. Sign location and color of the posted signs shall be in <br />conformance with FDEP regulations. In addition, exposed reclaimed water piping shall be painted <br />`Panton Purple 522C'. <br />(b) INDIAN RIVER CLUB shall be deemed in possession of the reclaimed water on INDIAN <br />RIVER CLUB's side of the reclaimed water meter, however INDIAN RIVER CLUB shall not be deemed <br />to own the reclaimed water and may not transfer or sell the reclaimed water to any party for use offsite of <br />the Property without written permission from the COUNTY. <br />(c) INDIAN RIVER CLUB may change the location of the site or sites where the reclaimed <br />water is applied provided such change does not interrupt nor diminish INDIAN RIVER CLUB's ability <br />to accept all of the reclaimed water and such change remains in compliance with all Federal, State and <br />local regulations and the terms and conditions of this Agreement. <br />(d) INDIAN RIVER CLUB shall convey to the COUNTY a non-exclusive easement for the <br />reclaimed water meter site and the reclaimed water system. In addition, INDIAN RIVER CLUB shall <br />grant to the COUNTY a non-exclusive ingress -egress easement necessary for the COUNTY to install, <br />maintain, operate, and monitor the reclaimed water meter and reclaimed water system. <br />(e) INDIAN RIVER CLUB shall be responsible for obtaining all construction and operating <br />permits required for the construction, delivery, use, monitoring, and storage of the reclaimed water. <br />(f) INDIAN RIVER CLUB is not obligated to accept reclaimed water which does not meet FDEP <br />Standards but will endeavor to accept as much wet weather reclaimed water discharge as is necessary for <br />continued wastewater operation. Both parties also recognize that adverse weather conditions or <br />unforeseen circumstances may result in a need for reclaimed water greater than the volume set forth in <br />section 7(a). <br />Page 2 of 6 <br />E\Utilities\00 UTILITY - AGENDA TEMPLATE & GUIDELINEW022 Agenda Itemsl060722 BCC Agenda ItemSVnd an River Club Reuse AgreemenOIndian River Club Reuse Agrectnera <br />05182022.duc <br />