1999-328 - Laserfiche WebLink

Home Browse Search

SC - 6. Use: Notwithstanding anything to the contrary, DEVELOPER shall, subject to the terms of the Consumptive Use Permit, FDEP Permit, NPDES Permit and regulatory agency permitting, have the right to use reclaimed water for irrigation to the extent there is insufficient storm water available. Refer to Exhibit B, letter dated September 3, 1999 from St. Johns Water Management District. SC - 7. Fees and Charges: Upon the COUNTY's adoption of a Reclaimed Water User Char eg_the DEVELOPER shall begin paying the prevailing rate for reclaimed water for the reclaimed water delivered to the Property. The COUNTY shall have the sole and exclusive right to set fair and reasonable fees and charges for reclaimed water (usually expressed in terms of dollar amount per thousand gallons). The reclaimed water fees and charges may be changed at any time at the sole discretion of the COUNTY and such charges shall apply to the DEVELOPER and this agreement at the time of such change. The COUNTY shall use reasonable efforts to set the reclaimed water fees and charges such that they are sufficient to cover the total cost of providing reclaimed water and that such costs reflect the appropriate allocation of expenses between the provisions of reclaimed water and the associated wastewater treatment costs. The DEVELOPER shall be invoiced according to the COUNTY's normal billing practices for water customers. The DEVELOPER shall pay penalties and 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 penalties and interest to accrue. SC - 8. Volume Allocation: The COUNTY will attempt to allocate an average daily volume of 150.000. alg Ions. This allocation is non-binding and non -committal. The DEVELOPER shall control the volume of reclaimed water accepted, stored and utilized by the DEVELOPER. Notwithstanding anything to the contrary, the DEVELOPER is not obligated to accept reclaimed water which does not meet FDEP standards or any time the DEVELOPER'S reclaimed water impoundment is at capacity. The DEVELOPER agrees that the use of reclaimed water shall take secondary precedence to stormwater and shall take primary precedence over any other irrigation water source including groundwater. Refer to Exhibit B. SC - 9. Term: The term of this Agreement is seven (7) years. This Agreement shall be renewed automatically for successive terms at the expiration of any preceding term, unless 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. SC - 10. No Direct Offsite Disch Vie: DEVELOPER 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 (impoundment) owned by the DEVELOPER. DEVELOPER will take all reasonable precautions to prevent the potable use of reclaimed water. "Reclaimed Water in Use" warning signs shall be posted in strategic places to prevent potable consumption of the water. Sign location and color of the posted signs shall be in conformance with FDEP regulations as defined under F.A.C. 62-610. In addition, exposed reclaimed water piping shall be painted `Panton Purple 522C' in accordance with the Florida Administrative Code. Reclaimed Nater Agreement Page A of 12 C.\Steven Doyle Files\Project - Pointe West of Vero Beach\Point West of Vero Beach, Reclaimed Water Agreement, Nov 17, 1999.doc