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The DEVELOPER covenants that it shall not directly discharge reclaimed water into any water
<br />body of the State of Florida other than to the impoundment owned and maintained by the DEVELOPER.
<br />DEVELOPER shall take reasonable precaution to prevent the use of reclaimed water received as potable
<br />water. Signs shall be strategically posted in accordance with Florida Administrative Code (F.A.C.) 62-
<br />610. DEVELOPER's reclaimed water facilities shall be operated, maintained and administered in a
<br />manner which adheres to the codes, standards and guidelines established by the County and the
<br />respective regulatory agencies.
<br />Ile DEVELOPER shall use the reclaimed water to irrigate the property in a manner consistent
<br />with all Federal, State and local laws and regulations. The DEVELOPER shall file a written plan (IQ
<br />Protocol or Reclaimed Water Use Protocol) with the FDEP and the COUNTY, which outlines the
<br />intended use of the reclaimed water. The Protocol shall be updated and amended in writing whenever the
<br />intended use materially changes. The DEVELOPER shall strictly comply with all Federal, State and
<br />local regulations with respect to the discharge of any reclaimed water into State of Florida waters.
<br />I
<br />SC - 2. COUNTY's Liability for Failure to Delivery Reclaimed Water:
<br />The DEVELOPER widerstands and acknowledges that the COUNTY will not guarantee the
<br />delivery of a set amount of reclaimed water. However, the COUNTY will endeavor to provide 181.350
<br />gallons per day (GPD) to the DEVELOPER.
<br />The DEVELOPER further agrees that the COUNTY shall not be heh. liable to the DEVELOPER
<br />for any damages or expenses incurred by DEVELOPER because of the COUNTY's failure to deliver
<br />reclaimed water.
<br />SC - 3. DEVELOPER's Obligations:
<br />The DEVELOPER shall prepare at its own expense, plans, specifications, agreements,
<br />advertisement and general conditions, hereinafter referred to j(as the "contract documents" for the lines
<br />and facilities necessary to deliver the reclaimed water from the COUNTY's facilities to the reclaimed
<br />water meter serving the property. The COUNTY prior to submittal to the permitting agencies must
<br />approve all plans and specifications. The DEVELOPER shall be responsible for all costs associated with
<br />the design and permitting and construction of the offsite facilities (which includes but is not limited to
<br />transmission lines, reclaimed meter, and associated appurtenances) whether designed , permitted or
<br />constructed by the DEVELOPER or the COUNTY. Plans and specifications shall be submitted to the
<br />COUNTY no later than ninety (90) consecutive days from the effective date of this agreement or this
<br />agreement will automatically become null and void.
<br />The design, permitting, construction, operation and maintenance of all on-site reclaimed water
<br />facilities which are on the DEVELOPER's property (including but not limited to reclaimed water meter,
<br />transmission lines, pumps, valves, storage facilities, and irrigation equipment) shall be the
<br />DEVELOPER's sole responsibility and expense. All construction of on-site reclaimed water lines and
<br />facilities up to the irrigation system shall be subject to COUNTY review and approval.
<br />The DEVELOPER shall comply with reasonable requests by the COUNTY concerning on-site
<br />operations and maintenance including but not limited to all FDEP and SJRWMD regulations relating to
<br />reporting requirements, signs, spraying, and color -coding of reclaimed water equipment.
<br />The DEVELOPER shall be deemed in possession of the reclaimed water on the DEVELOPER's
<br />side of the reclaimed water meter, however the DEVELOPER shall not be deemed to own the reclaimed
<br />water and the right to transfer or sell the reclaimed water is limited. The DEVELOPER may not transfer
<br />or sell the reclaimed water to any party for use offsite of the property without written permission from the
<br />COUNTY, which permission shall not be reasonably withheld.
<br />The DEVELOPER may charge the location of the site or sites where the reclaimed water is
<br />applied provided such change does not interrupt nor diminish the DEVELOPER's ability to accept all of
<br />the reclaimed water and such change remains in compliance with all Federal, Stated and local regulations
<br />and the terms and conditions of this Agreement.
<br />The DEVELOPER shall convey to the COUNTY a non-exclusive casement for the reclaimed
<br />water meter site. In addition, the DEVELOP shall grant to the COUNTY a non-exclusive ingress -
<br />egress easement necessary for the COUNTYa is own expense to maintain, operate and monitor
<br />the reclaimed eater meter, up to and including the meter.
<br />The DEVELOPER shall be responsible for obtaining all construction and operating permits
<br />required for the construction, delivery, use, monitoring and storage of the reclaimed water.
<br />Atter the COUNTY's final inspection of the off-site reclaimed water facilities for contbrmance
<br />with the approved plans and specifications, the DEVELOPER shall convey all the offsite facilities to the
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<br />Reclaimed Water
<br />Agreement, Aug 23, 1999
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