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3 . 3 The DEVELOPER shall be deemed in possession of the Reclaimed Water on the <br /> DEVELOPER's side of the Reclaimed Water Meter; however, the DEVELOPER shall not be <br /> deemed to own the Reclaimed Water and does not have the right to transfer or sell the <br /> 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 .4 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 . 5 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 . 6 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 . 7 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 /> time of any past due amounts from the date the amount came due until the date paid . Written <br /> or verbal notice of delinquency is not required for the interest to accrue . <br /> 4 <br />