Collier's Reserve Country ClubiNSTR 5169248 OR 5192 PG 1750
RECORDED 9/8/2015 10:30 AM PAGES 19
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $163.00
Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water
THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is
made and entered into this I 0 day of AU4,05 , 20 15 by and between Collier's Reserve
Country Club, Inc., a Florida non- profit corporation, whose mailing address is 11711 Collier's
Reserve Dr., Naples, FL 34110 (hereinafter referred to as "User') and the Collier Water -Sewer
District (hereinafter referred to as "District "), collectively, the Parties hereto ( "Parties "). This
Agreement will take effect on 0MT5E.R. i 2015 and will be effective through
September 30, 2020.
RECITALS
WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater
disposal, conserving potable water sources, and Section 403.064, F.S. encourages local
governments to implement reuse projects and places limitations on deep well injection and
other forms of effluent disposal; the District desires to use for itself and make available to the
public, IQ Water as an alternative water resource to be used for both irrigation and non
irrigation purposes; and,
WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of
effluent upon any property owned by another party, must enter into a binding agreement
between the involved parties to ensure that construction, operation, maintenance, and
monitoring of such use meets the requirements of Chapters 62 -600, 62 -620 and 62 -610, F.A.C.;
and,
WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013 -48,
to maintain compliance with District Wastewater Reclamation Facility operating permits,
applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy and
allow for optimization of the District's IQ Water System; and,
WHEREAS, the Board has also adopted an IQ Water Policy, as it may be supplemented and
amended. from time to time, which is intended to provide beneficial public use of IQ Water by
ensuring the optimum utilization of the District's limited water supplies; and,
WHEREAS, the District agrees to deliver IQ water and the User agrees to receive, accept, and
beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the
terms, conditions and responsibilities of this Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. RECITALS. The recitals above are true and correct and are hereby incorporated into and
made a part hereof.
2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO
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THEM IN THE DISTRICT IQ WATER POLICY,
3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. The Unerhensto representz
and warrants to the District that the Party or Parties identified herein as the User
constitute all persons or entities that are the record owners of the irrigable property
described in Exhibit "A," attached hereto (hereinafter referred to as the "Property").
4. On June 25, 2013, the Board of County Commissioners (Board) adopted Ordinance No.
2013-48 relating to the production, sale and delivery of|{} Water to Users within the
District for the benefit of both the Users and the District, arnong other provisions.
Ordinance 0o. 2013-48 to include all of its definitions, terms, conditions, obligations
and requirements, is hereby incorporated into this Agreement in its entirety by
reference.
5� |{lWATER POLICY. The Board of County Commissioners (Board) has also adopted an
|{l Water Policy (Policy), that may be supplemented and amended fnzm time to
time, which delineates certain policies for providing |[lWater Service to include , but
not be limited to, definitions, levels of service, application of rates, and the provision
of service.
0. QUANTITY
Bulk Service Customers: the User's Allocation is based on the combination of the
availability of the District's |[l Water and the i{l Water Application Kate for the
Property as described in Exhibit "A." The User's Allocation, which the District agrees to
make available, and the User agrees to accept based on the terms of this Agreement,
is calculated as _2{x6,{X80 _ gallons per day (8pd). This Allocation constitutes the
minimum amount of |{l Water that the District agrees to provide to the User, subject to
all of the other terms and conditions ax set out further in this Agreement.
as aliens peF day (gpd). (Not applicable).
The District is not obligated to provide any additional IQ Water to the User beyond the
User's Allocation for the term of this Agreement. However, based upon |[lWater
availability, the District will use all reasonable efforts pursuant to the
terms of this Agreement to provide the User with additional
volumes of |Q Water beyond the User's Allocation to approximate the
historic volumes delivered tothe User. Delivery of this additional |[iWater at any
time does not grant the User with an increase to its Allocation under this Agreement.
No Allocations will exceed the amount as is determined by the availability of the |C\
Water.
If the User is desirous of limiting the amount of IQ Water received to a specific volume
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less than or only equal to the Allocation amount, the User n,iust file a request in writing
to the District. Modifications to this request may only be made once per calendar year.
The District agrees that it will provide the User with its Allocation of IQVVa_JLer instead of
the deep injection of }C\ Water (including charging aquifer storage and recovery vve|!d;
except for reclaimed water needed for water reclamation facility treatment processes,
injection well testing, flushing and other regulatory requirements or as it may be deemed
necessary by the District to do so from time to time in order to protect the Public's
health and safety.
For purposes af this Agreement, each day equals a twenty-four /24\hourperiod,vvhkh
begins at midnight, 12:00 a.m. The District retains the right and sole discretion with
respect to delivery times to the Users.
Prior to the addition of any future Users of the IQ Water System, and based on IQ Water
Avai|abi|ity, existing W1ukor Users will be provided with an opportunity to increase their
Allocations on a pro-rata basis up to the amount of one inch /l°> per acne, per week, of
the IQ Water Application Rate of the then recognized amount determined by the IQWAR
utilization, in exchange for the User's water use permit substitution or offset credits. For
the purpose of the application of this future User prioritization, any increase in IQ Water
volume for existing Major Users will be based on the amount of the Major Users'
irrigable acres irrigated with |[\ Water in2012.
T TERM. The User agrees to receive from the District |Q Water for approved uses fora
minimum term offive (5) years from the effective date of this Agreement (or for such
other initial term as may be determined by the District to provide for the expiration of
the first five-year term of this Agreement to coincide with the expiration of all other
initial five-year Major User Agreements), and which may be renewed for successive five
(5) year terms upon the mutual agreement of both Parties. Within no less than one
hundred eighty /180\ days and no more than three hundred sixty five (365) days from
the end of the initial five (5) year terryl or the then-current five (5) year term, the Parties
will meet and discuss the terms and conditions for entering into a new Agreement,
which will reflect all of the terms and provisions then being incorporated into like
District Major User Agreements. If revisions 10 the then current standardized
Agreement are required, then the User may elect to not enter into a new Agreement
with the District at its discretion. If revisions are not required to the then-current
standardized Agreement or the Special Provisions, then that Agreement shall
automatically renew for a new five year term.
8. IQ WATER DEFINITION. shall mean alternative water resources other than potable water,
available to the District and shall include: (a) wastewater that has received the treatment
established by the Florida Administrative [ode' Rule 62-610.460, currently defined as
wastewater that meets, at a minimum, secondary treatment and high-level disinfection
after disinfection and before discharge to holding ponds or the IQ Water System and (b)
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Supplemental Water Supplies such as gro€n�d or surface v�iater. IQ Water may also be
referred to as reuse water, effluent water, or reclaimed oa -er.
9 POIN i- OF DELIVERY (POD). The POD is as defined in Ordinance No. 20111_48 and located
at:
the downstream buried flange of the IQ meter assemble/
and further identified in Exhibit "B."
In the event that an existing Point of Delivery (POD) is being relocated and the District
will be relinquishing ownership and maintenance responsibility of any facilities, the
District agrees to provide to the User of any such conveyed facilities, a 5 -year warranty
commencing from the date this Agreement is executed by the Parties, to offset any
direct expenses that the User may incur as the result of the permanent assumption of
the ownership and maintenance of the conveyed facilities, whereby the District will
agree to repair any facilities conveyed to the User that break down or otherwise fail to
function as intended, when the cause of the failure cannot be directly attributed to an
act or acts caused solely by the User or its agents. The District will also provide the User
all District easements necessary for the User's maintenance of the conveyed facilities.
10. DELIVERY OF IQ WATER. All IQ Water delivered to User will meet applicable state,
federal and local requirements at the District's Compliance Points. The District will not
provide any additional wastewater treatment to the IQ floater beyond the compliance
points located at the water reclamation facilities. No warranties or guarantees are
made by the District with respect to 1Q Water characteristics after its discharge from
the water reclamation facilities. The District will not be held liable for any damage or
harm to persons, property or vegetation resulting from the application of District IQ
Water by the User.
11. METERS. All connections to the IQ Water system shall be metered in accordance with
Ordinance No. 2013 -48, as amended.
12.DISTRICT RESPONSIBILITIES UPSTREAM OF THE POINT OF DELIVERY. Except to the
extent, if any, clearly and expressly specified in the Special Provisions paragraph in this
Agreement to the contrary, the District shall own and be responsible for all repairs and
associated costs of operating the IQ water system up to the POD.
13. DISTRICT RESPONSIBILITIES DOWNSTEAM OF THE POINT OF DELIVERY. Except to
the extent, if any, clearly and expressly specified in the Special Provisions
paragraph in this Agreement to the contrary, the District shall NOT own, operate, or
maintain the IQ water distribution system and shall not be deemed to be in
possession or control of the IQ water distribution system downstream of the POD.
14. USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT
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own, operate, maintain or change or modify any part of the District's infrastructure.
However, the User is responsible for landscape maintenance such as mowing and
tree trimming around the District owned infrastructure on the User's property.
15. USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF DELIVERY. Except to the
extent, if any, clearly and expressly specified in the special provisions paragraph in this
Agreement to the contrary, the User shall take full responsibility for the design,
construction, permitting, financing, compliance, operation, maintenance, and repair
of the IQ water system downstream of the POD as outlined in Ordinance No. 2013 -48.
All User -owned pump stations must be equipped to automatically shut down due to
low pressure or lack of flow. The District shall not be liable for User equipment failure
or any damage due to low pressure or lack of flow.
The User shall post IQ Water advisory signs as described in Section 62- 610.468 F.A.C.
Residential, industrial, and commercial users shall post, maintain, and replace signage at
all community /facility entrances, storage facilities, and water features. Golf courses shall
post, maintain, and replace signage at the storage facilities, water features, and either at
the first and the tenth tee or on score cards, at the User's option.
16. USER RESPONSIBILITY TO CONVEY EASEMENTS FOR IQ WATER FACILITIES TO DISTRICT.
Upon the request from the District, t he User, its successors and /or assigns, shall
convey to District any and all utility and /or access easements necessary for IQ water
distribution on their premises, at no cost to the District. All such documents shall be
prepared, reviewed and processed in accordance with the provisions of Ordinance
No. 2004 -31, as amended, Ordinance No. 2013 -48 and recorded as set forth herein.
17. CONSERVATION. User shall make all reasonable efforts to conserve IQ Water. The
User shall ensure that the User's employees, contractors, agents, residents, and
invitees are informed about the importance of water conservation by implementing
an educational program.
18. INDEMNIFICATION AND HOLD HARMLESS.
( i ) Upon a finding through a production of competent evidence that: (a) the District has
not placed anything either into or onto the User's property without the User's written
consent, and (b) the User is responsible for injury to persons on, or damages to the
property of the District, the User indemnifies and holds the District harmless from and
against all liabilities, claims, damages, expenses, or actions, either at law or equity, caused
or incurred as the result of the negligence, omissions or willful acts of the User, its agents,
employees, residents, guests, or invitees, whose acts or omissions for which the District
may be held liable during the District's performance of this Agreement; to specifically
include any cross connections made by the User, including, but not limited to: between
potable water, IQ water, surficial water and any other additional or supplemental water
sources. User acknowledges that IQ water, due to its chemical composition, may not be
compatible with the Users' irrigation of certain susceptible vegetation. User agrees that
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`' �t
District will not be held liable for any damages that may occur to vegetation or for any
other damages that may occur due to the use of IQ water by the User provided that the
quality of the IQ Water that is delivered to the User meets all applicable state, federal and
local requirements at the District's Compliance Points.
(ii) Upon a finding through the production of competent evidence that: (a) the User has
not placed anything either into or onto the District's property or the District's easements
for its reuse water delivery system without the District's written consent and the
placement caused the alleged damage, and (b) the District is responsible for injury to
persons on, or damages to the residential or commercial property of the User as the
result of the negligence, omissions or willful acts of the District's employees, agents or
other entities otherwise engaged by the District to develop, install, operate, manage or
maintain the District's reuse water system on the User's property; the District, expressly
without waiving any of its rights to sovereign immunity, and then only to the extent
permitted by Florida law, in particular, Section 768.28, Florida Statutes, hereby
indemnifies and holds the User harmless from and against all liabilities, claims, damages,
expenses, or actions, either at law or equity, caused or incurred as the result of the
negligence, omissions or willful acts of the District, its agents, employees, residents,
guests, or invitees, whose acts or omissions for which the User may be held liable during
the User's performance of this Agreement. The District will not be held liable for any
consequential damages as the result of its lawful activities in providing IQ Water to any
Users.
(iii) For the purpose of both provisions (i) and (ii) above, if the Parties cannot resolve any
dispute between them with their own representatives, formal mediation with a Florida
Certified Mediator shall be held by the Parties with each party bearing one -half (%) of the
expenses of the Mediator selected by and acceptable to both Parties. If mediation
between the Parties is unsuccessful, both Parties may avail themselves of all other
available remedies at law and in equity.
19. CROSS CONNECTIONS PROHIBITED. On all properties where IQ Water service is
provided, the public water supply shall be protected by an approved backflow protection
device as specified in Ordinance No. 1997 -33, as amended.
To determine the presence of any potential hazards to the District's potable or IQ
Water Systems, the District shall have the right, but not the duty, to enter upon the
premises and operate the private system of any User receiving IQ Water for the
purpose of performing cross connection inspections.
If a cross connection is found on a User's property, the District will immediately suspend
IQ Water service pursuant to the provisions of Collier County Ordinance No. 2013 -48. The
District will provide a verbal notification to the User, followed by a detailed written notice
as soon as practicable. IQ Water service will only be reinstated upon: (a) the removal
of the cross connection together with any reasonable terms and conditions
that the District determines are necessary to avoid future cross connections;
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"''J:)
(b) there is no history of previous cross connections or violations of the
other provisions of Collier County Ordinance No. 2013 -48 relating to the
public health and safety by the User; and (c) the Florida Department of
Environmental Protection (FDEP) provides its approval of the reinstatement
to the District in a writing, if necessary. The User will be responsible for all costs
incurred by the District and the User resulting from the cross connection. These costs
include all potable or IQ Water used, including all potable water used for flushing
lines, and follow -up cross connection inspections performed by a licensed professional
irrigation contractor or a certified Reclaimed Water Field Inspector as mandated by the
District. IQ Water service will not be restored prior to submittal of a written report
summarizing the cross connection inspections with subsequent written approval by the
District.
The User shall provide results of cross connection inspections performed upon initial
connection to the District's System and take all reasonable precautions to prevent any
cross connections while making repairs or extensions to the User's irrigation system.
The User must provide the results of a cross connection inspection performed at
each internal service connection prior to each future Agreement renewal. At the end
of the five year term, one hundred percent of all potable and IQ Water service
connections shall have been inspected. The results of the cross connection inspections
must be submitted to the District by the User within thirty days of inspection. At the
time of the Agreement Renewal, the User is required to submit a minimum of two
cross connection inspections. The service connections that require inspections are
listed in Exhibit "C." Additional cross connections inspections may be required as
determined by the District when additional service connections are made or cross
connections are found
20. RATE TO BE CHARGED FOR IQ WATER. For having available and /or furnishing the IQ
Water, the District shall charge and User shall pay the rates and charges as defined
in Ordinance No. 2013 -44.
The User is receiving Bulk Service under this Agreement.
A. Bulk Service will be billed by the District as being the greater of either: i) the daily
Allocation multiplied by 365 days and divided by twelve billing cycles, or ii) the
actual IQ Water delivered as metered at the User's POD.
Additional usage above the Allocation amount will be billed per published and
prevailing rates, per service type, per 1000 gallons. For Major Users with Bulk
Service, the Allocation as billed for the respective billing period shall be equivalent to
a meter availability charge.
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—(Not applicable)
21. BILLING. Subiect to terms and conditions of this Agree,? ent—, the District shall invoice
the User -for services on a monthly basis in accordance with Ordinance No. 2013 -44,
as amended, billing cycle meter- readings, calculated charges, and other applicable
rates, fees, and charges. The invoice shall include the billing period of service, the
amount of IQ water service flows for each billing cycle, the total dollar and cents
amount of the invoice, the amount of any credit applicable to said invoice whether
by payment or otherwise, the due date, and contact telephone number for any
questions regarding the invoice.
22. UNPAID FEES CONSTITUTE A LIEN ON USER'S PROPERTY. The User acknowledges and
agrees that in the event that any fees, rates, or charges for the IQ Water Service
and facilities provided for under this Agreement are not paid and become delinquent,
any unpaid balance and all interest accruing thereon shall constitute a lien on the User's
property pursuant to Section 10 of Ch. 2003 -353, Laws of Florida, the "Collier County
Water -Sewer District Special Act" (the "Act ").
23. USER EMERGENCY SITUATIONS. In the event of an emergency as defined in this
Paragraph 23, the User shall notify any of those District representatives set forth
herein and request that the supply of IQ Water temporarily cease. Such notice shall be
made in writing where circumstances permit (an electronic writing is acceptable), and
in the event of an immediate emergency, such notice may be by telephone with
subsequent written confirmation. Emergencies shall include, but not be limited to, the
following:
(a) Climatic conditions such as hurricanes, floods, or unseasonably excessive
rainfall that makes it impossible for User to accept IQ Water.
(b) Short term equipment or material failure, making it impossible for User to
store or distribute the IQ Water.
(c) An act of God that makes it impossible for User to accept, store or distribute
the IQwater.
24. DISTRICT EMERGENCY SITUATIONS. The District may temporarily cease IQ Water
Delivery in anticipation of a major storm event. This emergency situation shall not
relieve the User from payment for that period of time.
25. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The District shall not be
held liable by the User for failure to deliver IQ Water if certain situations preventing
delivery exist that are beyond the reasonable control of the District. Such situations
include, but are not limited to, the following:
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(a) Unavailability of I Q Water due to a loss or lack of influent to the water
reclamation facilities due to a collection system failure or a reduction of
wastewater influent flow beyond the anticipated low flow periods.
(b) Unavailability of IQ Water due to a process failure.
(c) Non - compliant IQ Water, making it unusable for approved uses.
(d) Equipment or material failure in the IQ Water delivery system, including storage
and pumping.
(e) IQ Water treatment facility repair or maintenance.
(f) An act of God that makes delivery of IQ Water by the District not feasible or
impossible.
(g) Unusual climatic conditions such as hurricanes, floods, or unseasonably
excessive rainfall that makes it not feasible or impossible for the District to
deliver IQ Water.
In the instance of Force Majeure or other situations limiting IQ Water availability,
the District has the right to interrupt service per District operating protocols. Users
directly impacted by a specific event; such as interruption of all Users downstream of
IQ Water main break will be interrupted as needed. In the event of limited IQ Water
availability, Bulk Users will be uniformly interrupted by a pro -rata percentage of their
Allocation.
26. NOTICES. Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing sent electronically with a request for
confirmation or receipt, or by facsimile with automated confirmation of receipt; or
hand delivery by a private service; or by registered or certified United States mail,
return receipt requested, postage prepaid; or personal delivery addressed as follows:
USER:
Donald A. Crowe
Collier's Reserve Country Club, Inc.,
11711 Collier's Reserve Dr.
Naples, FL 34110
With copies to:
DISTRICT:
Wastewater Director
4370 Mercantile Ave.
Naples, FL 34104
Office of the Collier County Attorney
3299 Tamiami Trail E., Suite 800
Naples, FL 34112
The addressees, addresses and numbers for the purpose of this section may be
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revised by either Party by giving written notice of such change to the other party in
any of the manners provided herein. For the purpose of changing such addressees,
addresses and numbers only, unless and until such written notice is received, the
last addressee and respective address stated herein shall be deemed to continue in
effect for all purposes. Notice given in accordance with the provisions of this section shall
be deemed to be delivered and effective upon receipt of an automated fax
confirmation; or on the fifth day after the certified or registered mail has been
postmarked; or receipt of personal delivery; or delivery with an overnight courier or
on the date upon which the return receipt is signed or delivery is refused or the notice
is designated by the postal service as not delivered as the case may be, if mailed.
27. NOTIFICATION IN EVENT OF EMERGENCY. The User's representative who shall be
notified in the event of an emergency or District's inability to deliver IQ water are:
NAME, PHONE, EMAIL ADDRESS;
Nicholas Von Hofen, Golf Course Superintendent
(239) 254 -2867 (Office); (239) 825 -6315 (Cell)
nvonhofen @colliersreserve.com
The District shall attempt User notification by telephone or email stating the nature
of the emergency and the anticipated duration of the service interruption if the
interruption is expected to exceed 72 hours. It is the responsibility of the User to
provide written notification to the District of a change in representative. User may
change its representative by providing written notice to District to become effective
upon acknowledgement by District.
The District representatives who shall be notified in the event of an emergency are:
Irrigation Quality Manger, (239) 252 -6284; AND On Call Wastewater Department, (239)
252 -2600
28. USE OF IQ WATER. (i) The User hereby affirms that it has read, understands and will fully
comply with the terms, conditions, requirements and obligations of Ordinance No. 2013-
48 for the receipt of District IQ Water; and (ii) the User shall accept the IQ Water
delivered by the District and use it only for approved uses on the User's Property
pursuant to all applicable local, State, and Federal regulations.
29. CHANGES IN LAW /EXCUSE FROM PERFORMANCE.
(i)This Agreement will be governed for this initial five (5) year term by the
provisions of Collier County Ordinance No. 2013 -48 as adopted on June 25,
2013.
(ii) During the term of this Agreement, if there are any amendments,
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other local laws, rules or regulations that negatively affect either of the
Parties' ability to perform its respective duties or obligations, or obtain the
reasonably backed financial benefits expected under this Agreement, then
within ninety (90) days following the final adoption of such new law, rule or
regulation, the Parties will meet and conduct good faith discussions and
negotiations with respect to resolving the effected Party's adverse impact to
include a mutually agreeable termination of the Agreement, if warranted.
(iii) If for any reason during the term of this Agreement, any State or Federal
governments or agencies shall fail to issue necessary permits, grant necessary
approvals, or shall adopt any laws or rules that will require any change in the
operation of the treatment, transmission, and distribution systems or the application
and use of IQ water, then to the extent that such requirements shall affect the ability of
any Party to perform any of the terms of this Agreement, the affected Party shall be
excused from the performance thereof and the Parties hereto in conformity with such
permits, approvals, or requirements shall negotiate a new Agreement if practicable.
(iv) However, nothing shall require User or District to accept any new o r r e n e w a I
agreement if it substantially adds to the District's or the User's obligations or
responsibilities duties, obligations, and expenditures hereunder.
30. RIGHT TO TERMINATE. In the event of a default under this Agreement, the non -
defaulting party shall provide the defaulting party written notice of the default. The
defaulting party shall be given a minimum of thirty (30) days or such other reasonable
time period (if the default cannot be cured in thirty (30 ) days) to cure the default. If the
default is not timely cured, the non - defaulting party may notify the defaulting party in
writing that it has elected to terminate this Agreement. In the event that there is
default under this Agreement that could result in immediate harm to the Public's health
or safety, the non - defaulting party may immediately suspend its performance under this
Agreement to include the immediate suspension of the delivery of IQ Water if the non -
defaulting Party is the District, by providing the defaulting Party with telephonic notice
of such suspension followed up by written notice. Any such suspension shall continue
until such time as the default is cured or the Agreement has been terminated.
31. ACCESS. User consents to the reasonable entry by the District upon the User's Property
as provided for by Ordinance No. 2013 -48.
32. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the
identified Parties hereto, and their successors in interest, or assigns, and no right or
cause of action shall accrue upon or by reason hereof, to or for the benefit of any third
party not a Party hereto.
33. SEVERABILITY. If any court of competent jurisdiction finds that any part of this
Agreement is invalid or unenforceable, such invalidity or unenforceability shall not
affect the other parts of this Agreement if the rights and obligations of the Parties
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contained therein are not materially prejudiced and if the intentions of the Parties
can continue to be effected. To that end, this Agreement is declared sever able.
34. LACED USE APPROVALS. This Agreement shall not be construed as a basis for
granting, assuring, indicating, denying, refusing to grant or preventing any future
grant of land use zoning approval, permissions, variances, special exceptions or any
other rights with respect to the real property in the approved uses area, so long as
those approvals do not render this Agreement null and void, and /or negatively impact
the IQ use by the User.
35. APPLICABLE LAW. This Agreement and the provisions contained herein shall be
construed, controlled, and interpreted according to the laws of the State of Florida,
Florida Administrative Code, Collier County Ordinances, and the IQ Water Policy, as
they may be amended or replaced from time to time.
36. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this
Agreement is prohibited without prior written consent of the District. Any attempt by
User to assign or otherwise transfer this Agreement off the Property shall be deemed
to be null and void.
37. BINDING EFFECT. This Agreement shall be binding upon the Parties hereto, their
successors and assignees.
38. RECORDATION; AGREEMENT RUNS WITH THE LAND. This Agreement shall be
executed in accordance with Florida Statutes to allow for it to be recorded in the Public
Records of Collier County, Florida, at the District's cost, and shall thereby run with the
land. Any easement granted by the User and any successor and /or assigns, or any
termination issued hereunder, shall also be recorded in the Public Records of Collier
County, Florida.
The User shall have the right to sell, transfer, or encumber the Property, except that
written notice of any proposed sale or transfer must be given to the District, as
provided for herein, at least thirty (30) days prior to sale or transfer. So long as
use of the property shall substantially continue to be for the purposes intended by
this Agreement, any subsequent party shall be obligated under the same terms and
conditions of this Agreement unless modified by written agreement between the
District and any successor and /or assigns. At the first five (5) year renewal period
after such sale, transfer, or encumbrance, the Agreement must be renewed with the
successor and /or assigns, or IQ Water service will be discontinued.
39. ENTIRE Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to the subject matter referenced herein. Any amendment hereto
shall be in writing duly executed with the same formalities as this Agreement by the
Parties hereto, or their successors in interest to the Property. Each amendment shall
clearly and specifically refer to this Agreement by title and date. Any amendments to
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Ordinance No. 2013 -48 or the IQ Water Policy shall not he applicable to the User during
the initial five (5) year term of this Agreement.
40. SPECIAL PROVISONS. Exhibit "D" assigns and defines site specific provisions, if any
are applicable.
41. EXHIBITS. See attachments.
Witnesses: AS TO USER
Witness (Signature)
Name: �%C440LAS JCyv 00Pi8- `)
Witness (Signature)
Name:—W,4 1 e,z j o'F(Sc_
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Collier's Resery Country Club, Inc., a
Florida non -pr orpor ion
By:
Printed name and title COO
Theforego|ng Major User AgreernentFor Delivery and Reuse of/ni U[8 Water
v,ias acknowledged before this �* day by
(Name)' Tit|e)' on behalf
of Collier's Reserve Country Club, Inc., a Florida non-profit corporation (USER)' who is
personali or who has produced (type nfidentificat.iun)
as identification.
(affix notarial seal)
AS TO THE DISTRICli:
ATTEST-
DWIGHT B0OCK,[LERK
signature
Approved as to form
z f � 4L,
Name: ,,' "-A )L —7.-c.A,1L
Title: Tk C-,o -,4y =��~- �� `�^�«�
County Attotnpv�Office f ''~
(Print Name of Notary Public)
NOTARY PUBLIC
5ehaY[ummission#:Uf k.504613
My Commission Expires:
�.~.^..,.'
BOARD OF DISTRICT COK4K8|SS|
[EVER,[DUJE
DISTRICT, FLORIDA, AS THE GOVEM/NGQ01Dv- �
QF COLLIER DISTRICT AND EX-OF THE �
GOVERNING BOARD OF THE OJLL
WATER-SEWER
By:
-T� CHAIRMAN
/�`
uA
Page 14 of 19
DOROTHY A. CARGILL
My COMMISSION # EE 830453
EXPIRES: December 26, 2016
Bonded Thru Notary Public Underwriters
AS TO THE DISTRICli:
ATTEST-
DWIGHT B0OCK,[LERK
signature
Approved as to form
z f � 4L,
Name: ,,' "-A )L —7.-c.A,1L
Title: Tk C-,o -,4y =��~- �� `�^�«�
County Attotnpv�Office f ''~
(Print Name of Notary Public)
NOTARY PUBLIC
5ehaY[ummission#:Uf k.504613
My Commission Expires:
�.~.^..,.'
BOARD OF DISTRICT COK4K8|SS|
[EVER,[DUJE
DISTRICT, FLORIDA, AS THE GOVEM/NGQ01Dv- �
QF COLLIER DISTRICT AND EX-OF THE �
GOVERNING BOARD OF THE OJLL
WATER-SEWER
By:
-T� CHAIRMAN
/�`
uA
Page 14 of 19
EXHIBIT A- Property Description
This Agreement applies to the golf course property located within Collier's Reserve
subdivision, which is described as follows.
All that part of Section 22, Township 48 South, Range 25 East,
Collier County, Florida, being more particularly described as
follows:
Commencing at the northeast corner of said Section 22; thence
South 0 03339" East along the easterly line of the Northeast
O
Quarter of said Section 22 a distance of 92.28 feet to-a point on
---,o
the easterly line of those lands described in O.R. Book 619,.page
_
1857, said point being the Point of Beginning of the parcel.
O 1j
O en
herein being described;
thence continue South 0 033'39" East along the easterly
line of said Section 22 a distance 'of 2564.67 feet to
the East Quarter corner of said Section 22;
thence South. 89 °55'06" West along the east -west
quarter section line of said Section 22 a distance of
1431.78 feet to an intersection with the easterly
right -of -way line of the former Seaboard.Coastline .
Railroad;
thence South 5 °57'03" East along-said easterly
right -of -way .line a distance of 1057.54 feet tb the
°
centerline of a Drainage Easement as described - O.R.
a o
Book 185, page 59;
_
thence South 84002'57" West along the westerly
F
prolongation of said centerline a distance of 65.00
ao
feet to an intersection with the centerline of the
right -of -way or. the former Seaboird Coastline .
Railroad;
thence South 5 057'03" East along said centerline a
distance of 1609.17 feet to an intersection with the
southerly lint- of the. Southeast Quarter of said
Section 22, said intersection being a point on the
northerly right -of -way line.of Immokalee Road (C.R.
846);
thence South 89 049'07" West along "said southerly line
and said northerly right -of -way 'line a distance of
552.46 feet to- an intersection with the easterly line
,of a Florida Power 4 Light Right -of -Way easement, as
recorded in Deed Book 30, pages'27-34, Public_ Records
of.Collier County, Florida;
thence leaving said southerly line North 05 °59123"
West along said easterly line a diatance•of 25.13 feet
to an intersection with the northerly right -of -way of
Immokalee Road (C.R. 846) as recorded in O.R. Book
1528, pages 1243 and 1244, Zublic Records of -Collier
County, Florida;
thence leaving said easterly line South 89 049107" West
along said northerly right -of -way line a distance of
703.10 feet;'
thence South 89 052139" West along said northerly
right -of -way line a distance of 1501-01 feet;
thence North 84 °25'24 " 'West along said northerly
right -of -way line a distance of 503.44.Peet- -
thence South 89052'39"' West along said northerly
right -of -way line a distance.of'501.54 feet, to an
Intersection with the easterly. right -of --way line of US
41 Tamiami• Trail (S.R:' 45);
thence North 1004129", West along said. easterly
_
right-of-way. line a distance of 2588.76 feet to an
intersection with the east -west quarter section line
of said Section 22;
thence .North 89 055' 061f. East along -said east- west. = -.: .
quarter section line a distance of 733.34 feet to.the
southeast corner of the westerly '110.00 feet of the
East one -half of'the Southwest Quarter of the
Northwest Quarter of said Section 22, said corner
being a point on the easterly right -of -way line of
Cocohatchee Street;
thence North 1 °07'31 ".. West along said easterly
right -of -way line a distance of 959.09 feet to the
beginning of.a circular curve concave southwesterly
whose radius point bears North 49 °42'56" Weat 40.00
feet;
Page 15 of 19
thence nor theaw r-I v, noil-the vIv i;.)r La eb "AW Y and
westerly along the arc oT eald circular curve through
a central angle or 1311124'3511 an are distance of 9144
feet to an intersection with the 6'9�terly line of the
westerly 80.00 feet of the East one-half of the
Southwest Quarter of the Northwest Quarter of said
Section 22;
thence North 01007131" West along said easterly line a
distance of 181 feet more or less to the centerline of
Horse Creek; I I
thence westerly and southwesterly along the centerline
of Horse Creek to the easterly terminus of a State
Road'Department Easement Right-of-Way for the
re-located channel of Horse Creek as described in Deed
Book 18, page 188;
thence northerly, northidesterly and westerly along the
centerline of the original channel of said Horse Creek
to a point -on the easterly right -of -way line of US 41
Tamiami Trail (S.R. 45), said point being the
intersection of_the northerly line of the West
one-half of -the Southwest Quarter of the Northwest.
Quarter of said -Section .22 and said easterly
right-of-way line;
thence North 1*01135" West along' said easterly
right-of-way line a distance of 1331.44 feet to an
intersection with the northerly. line of the Northwest
Quarter of said Section 22;
thence North 89'57'3411 East along said northerly line
a distance, of 2520-99 feet to the North Quarter corner
of said Section 22;
thence South 89'59139" East -along -the northerly line
of the Northeast Quarter of said Section 22 a distance
of 848-95 feet to the northwest corner of those lands
described in OR Book 619, page 18$1;
thence along the boundaries of said lands on the
following six courses:
1) South 5*57'03" East 326.16 feet to*an intersection
with the arc of a circular curve concave
northwesterly whose radius point bears North
22o4614911 West 240-00 feet.-
2) thence northeasterly along the aac of said
.circular curve through a central angle of
29044'11" 11 an arc distance of 124.56 feet;
3) thence North 37029100" East 184.65 feet to the
beginning of a circular curve concave
southeasterly and having a radius of 160.00 feet;
.4) thence northeasterly and easterly along the are of
said circular curve through a central angle of
52031'02" an ' are distance of 146.66 feet;
5) thence South 89'59'58"•East 1137.68 feet'to the
beginning of a circular curve concave , 3 outherl.y
and having a radius of 320.00 feet;
6) thence easterly and southeasterly along the arc of
said circular curve thr6ugh a central angle of
33015,4011 an are distance of 185-77 feet to the
Point of Beginning of the parcel herein'.de3cribed;
containing 506-'acres---of land more or-less,-
subject to easements and restrictions of record.
Page 16 of 19
3
EXHIBIT B
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Page 17
of 19
EXHIBIT C
Cross Connection Inspections Required
Cross connection inspections are required at the clubhouse complex, golf course maintenance
building and any other structure on the golf course served by the potable water system
Page 18 of 19
5NISIMM"
Special Provisions
|{l meter assembly and appurtenances, including pressure transducer and staff gauge located
in the IQ Water discharge pond shall remain the property of the District.
Page 19 of 19