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0 associated appurtenances from the County's reclaimed water main located on 82"d. Avenue near the intersection of 12' Street, to a FDEP and SJRWMD approved impoundment Reclaimed water delivered by the COUNTY may not be provided under pressure. The Developer shall provide a minimum 3 -day wet weather reclaimed water storage facility or impoundment pursuant to FDEP Program Guidance Memo (DOM -96-01) dated April 26, 1996 or its sequel and acceptable to St. Johns River Water Management District (SJRWMD). The 3 -day wet weather impoundment shall be designed, operated and maintained in accordance with FDEP and SJRWMD to control the discharge of reclaimed water to the stormwater management system. The DEVELOPER shall install a reclaimed water flow monitoring and recording device (hereinafter referred to as a "reclaimed meter") to monitor the volume of reclaimed water delivered to the DEVELOPER. The COUNTY will determine the location of the reclaimed meter on the DEVELOPER'S property. The COUNTY shall be granted reasonable access to the reclaimed metering system and related appurtenances. The reclaimed metering system components shall be reviewed and approved by the COUNTY prior to installation. The DEVELOPER 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 the DEVELOPER. DEVELOPER shall take reasonable precaution to prevent the potable use of reclaimed water.. Signs shall be strategically posted in accordance with Florida Administrative Code (F.A.C.) 62-610. DEVELOPER's shall operate, maintain and administer reclaimed water facilities in a manner, which adheres to the codes, standards and guidelines established by the County and applicable regulatory agencies. The DEVELOPER shall use the reclaimed water to irrigate the property in a manner consistent with all Federal, State and local laws and regulations. The DEVELOPER shall file a written plan (IQ Protocol or Reclaimed Water Use Protocol) with the FDEP and the COUNTY, which outlines the intended use of the reclaimed water. The Protocol shall be updated and amended in writing whenever the intended use materially changes. The DEVELOPER shall strictly comply with all Federal, State and local regulations with respect to the discharge of any reclaimed water into State of Florida waters. SC - 2. COUNTY's Liability for Failure to Delivery Reclaimed Water: The DEVELOPER understands and acknowledges that the COUNTY will not guarantee the delivery of a set amount of reclaimed water. The DEVELOPER further agrees that the COUNTY shall not be held liable to the DEVELOPER for any damages or expenses incurred because of the COUNTY's failure to deliver reclaimed water. SC - 3. DEVELOPER's Obligations: The DEVELOPER 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 meter serving the property. The COUNTY prior to submittal to the permitting agencies must approve all plans and specifleations. The DEVELOPER shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to transmission lines, reclaimed meter, and associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY. Plans and specifications shall be submitted to the COUNTY no later than December 1999. Reclaimed Water Agreement Page 2 of 12 C:4Steven Doyle FilesTroject - Pointe West of Vero Beach\Point West of Vero Beach, Reclaimed Water Agreement, Nov 17,1999.doc