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0 <br /> 9 ` d �ss� Bs <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 <br /> the COUNTY, which permission shall not be reasonably withheld. <br /> The DEVELOPER may change 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 easement for the reclaimed <br /> water meter site . In addition, the DEVELOPER shall grant to the COUNTY a non-exclusive ingress- <br /> egress easement necessary for the COUNTY to install, maintain, operate and monitor the reclaimed water <br /> 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 /> After the COUNTY ' s final inspection of the off-site reclaimed water facilities for conformance <br /> with the approved plans and specifications , the DEVELOPER shall convey all the offsite facilities to the <br /> COUNTY. The conveyance shall include , but not be limited to the following documents , in a form <br /> acceptable to the COUNTY : <br /> a) Bill of Sale <br /> b) Grants of Easements <br /> c) Maintenance Bond <br /> d) Record Drawings (hard copy and electronic format - AutoCAD rel . 14 .0) <br /> SC - 04 . Quality of Reclaimed Water: <br /> The COUNTY will provide reclaimed water meeting the standards set forth by the Florida <br /> Department of Environmental Protection as defined in the COUNTY ' s Wastewater Treatment Facility <br /> (WWTF) Operating Permit Reclaimed Water . Sampling for conformance with reclaimed water quality <br /> shall be performed at the location and frequency defined in the FDEP WWTF Operating Permit . Only <br /> reclaimed water meeting FDEP water quality standards will be delivered to the DEVELOPER. <br /> SC - 05 . Property to be Served : <br /> The DEVELOPER shall use the reclaimed water only on the property described in Exhibit ` A ' , <br /> attached hereto and incorporated by reference (hereinafter referred to as the "Property 9) . <br /> SC - 06 . Use of Other Water Resources <br /> Notwithstanding anything to the contrary, DEVELOPER shall , subject to the terms of the <br /> Consumptive Use Permit, FDEP Permit, NPDES Permit and regulatory agency permitting, have the right <br /> to use groundwater and stormwater for irrigation to the extent there is insufficient reclaimed water <br /> available . <br /> SC - 07 . Fees and Charges : <br /> Upon execution of this Agreement, the DEVELOPER shall begin paying the prevailing rate for <br /> reclaimed water delivered to the Property . <br /> The COUNTY shall have the sole and exclusive right to set fair and reasonable fees and charges <br /> for reclaimed water (usually expressed in terms of dollar amount per thousand gallons) . The reclaimed <br /> water fees and charges may be changed at any time at the sole discretion of the COUNTY and such <br /> charges shall apply to the DEVELOPER and this agreement at the time of such change . The COUNTY <br /> shall use reasonable efforts to set the reclaimed water fees and charges such that they are sufficient to <br /> Page 3 of 6 <br /> F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Pevnits\John Island Golf Club West Reuse Water UCP # 2349\Agreement - Johns Island Club <br />Inc - Reclaimed Water <br /> Agreement June 14, 2004.doc <br />