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Reclaimed Water for use offsite of the Property. The DEVELOPER may not transfer or sell <br /> the Reclaimed Water to any party for use offsite of the Property. The DEVELOPER <br /> acknowledges and agrees that: the DEVELOPER shall use the Reclaimed Water only on the <br /> Property and to irrigate any landscaping within any public right of way adjacent to the Property <br /> required to be maintained by the DEVELOPER . <br /> 3 . 5 The DEVELOPER may change the location of the site or sites where the Reclaimed <br /> Water is applied within the Property, provided such change does not interrupt nor diminish the <br /> DEVELOPER's ability to accept all of the Reclaimed Water and such change remains in <br /> compliance with all applicable federal , state and local regulations and the terms and conditions <br /> of this Agreement. <br /> 3 . 6 The DEVELOPER shall convey to the COUNTY a non-exclusive easement for the <br /> construction and maintenance of the Reclaimed Water Meter site . In addition , the <br /> DEVELOPER shall grant to the COUNTY a non-exclusive ingress-egress easement necessary <br /> for the COUNTY to install , maintain , operate, and monitor the Reclaimed Water Meter. Each of <br /> the foregoing easements shall be : in form and substance acceptable to the County; prepared in <br /> recordable form ; and recorded at the sole expense of DEVELOPER concurrently with the Bill of <br /> Sale contemplated in this Agreement <br /> 3 . 7 The DEVELOPER shall be responsible for obtaining all construction and operating <br /> permits required for the construction , delivery, use , monitoring , and storage of the Reclaimed <br /> Water. <br /> 3 . 8 After the COUNTY's final inspection of the off-site Reclaimed Water Facilities for <br /> conformance with the approved plans and specifications , the DEVELOPER shall convey all the <br /> offsite facilities to the COUNTY. The conveyance shall include, but not be limited to the <br /> following documents , in a form acceptable to the COUNTY: <br /> a) Bill of Sale <br /> b) Grants of Easements referred to in paragraph 3.6 above <br /> c) Maintenance Bond <br /> d) Record Drawings (hard copy and electronic format - AutoCAD rel . 14. 0) <br /> 3 . 9 Notwithstanding anything in this Agreement to the contrary, DEVELOPER <br /> acknowledges and agrees that the use of any water other than Reclaimed Water for irrigation is <br /> subject to the terms of the SJRWMD Consumptive Use Permit and all applicable regulatory <br /> agency permitting requirements . <br /> 4. 0 FEES AND CHARGES : <br /> 4. 1 Upon execution of this Agreement, the DEVELOPER shall begin paying the <br /> prevailing rate for Reclaimed Water delivered to the Property. <br /> 4 . 2 The COUNTY shall have the sole and exclusive right to set fair and reasonable fees <br /> and charges for Reclaimed Water (usually expressed in terms of dollar amount per thousand <br /> gallons) . The Reclaimed Water fees and charges may be changed at any time at the sole <br /> discretion of the COUNTY and such charges shall apply to the DEVELOPER and this <br /> Agreement at the time of such change. The COUNTY shall use reasonable efforts to set the <br /> Reclaimed Water fees and charges such that they are sufficient to cover the total cost of <br /> providing Reclaimed Water. <br /> 4. 3 The DEVELOPER shall be invoiced according to the COUNTY's normal billing <br /> practices for water customers. The DEVELOPER shall pay interest at the rate in place at the <br /> 4 <br />