Nassif Golf Ventures, LLC INSTR 5169313 OR 5192 PG 1987
RECORDED 9/8/2015 10:49 AM PAGES 18
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$154.50
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 2.f day of ilaphi ', 20 is by and between Nassif Golf Ventures,
LLC, a Florida Limited Liability. d/bi a Hibiscus Golf Club, whose mailing address is 5375
Hibiscus Drive, Naples, FL 34113-7719, (hereinafter referred to as "User") and the Collier District
Water-Sewer District (hereinafter referred to "District"), collectively, the Parties hereto
("Parties"). This Agreement will take effect on eckgix / , 20 / 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 he used for both irrigation and non
irrigation purposes;and,
WHEREAS, all wastewater treatment plant perrnittees that reuse 'C¢ Water or dispose of
effluent upon any property owned by another party, must enter into a binding agreement
betwfeen 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 10. 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 User hereto represents
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 IQ Water to Users within the
District for the benefit of both the Users and the District, among other provisions,
Ordinance No. 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. IQ WATER POLICY. The Board of County Commissioners (Board) has also adopted an
10, Water Policy (Policy), that may be supplemented and amended from time to
time., which delineates certain policies for providing 10. Water Service to include, but
riot be limited to, definitions, levels of service, application of rates, and the provision
of service.
6. O,UANTI T Y.
Bulk Service Customers: the User's Allocation is based on the combination of the
availability of the District's IQ Water and the iQ Water Application Rate 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 of the terms of this Agreement,
is calculates as 257,600 gallons per day (gpd), This Allocation constitutes the minimum
amount of IQ Water that the District agrees to provide to the User, subject to all of the
other terms and conditions as set out further in this Agreement.
-Pressurized Service Custom rs: the User's enticipeted _. _ ; -z' ',cA
! , _ - - i
. ens per day{MGD}. (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 iQ Water
availability, the District will use all reasonable efforts pursuant to the
terms of this Agreement to provide the User with additional
volumes of 10 Water beyond the User's Allocation to approximate the
historic volumes delivered to the User. Delivery of this additional IQ Water 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 IQ
Water.
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If the User is desirous of limiting the amount of IQ Water received to a specific volume
less than or only equal to the Allocation amount,, the User must file a request in writing
to the District. Modifications to this request may only be made or,ce per calendar year.
The District agrees that it will provide the User with its Allocation of IQ Water instead of
the deep injection of IQ Water (including charging aquifer storage and recovery wells);
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 of this Agreement, each day equals a twenty-four (24) hour period, which
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 10 Water
Availability, existing Major Users will be provided with an opportunity to increase their
Allocations on a pro-rata basis up to the amount of one inch (1") per acre, 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 IQ Water in 2012.
7. TERM. The User agrees to receive from the District, IQ Water for approved uses for a
minimum term of five (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) Gays and no more than three hundred sixty five (365) days from
the end of the initial five(5)year term 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 to 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 Code, Rule 62-610.460, currently defined as
wastewater that meets, at a minimum, secondary treatment and high-level disinfection
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after disinfection and before discharge to holding ponds or the IQ Water System and (b)
Supplemental Water Supplies such as ground or surface water. IQ Water may also be
referred to as reuse water, effluent water, or reclaimed water.
fi 9. POINT OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013-48 and located
1 at:
a point where the relocated 10 main crosses the southerly boundary of a 15 foot X 65
foot Utility Easement. This point is approximately 65 feet south of the right-of-way
line of Rattlesnake Hammock Road.
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 1Q 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 Water beyond the compliance
points located at the water reclamation facilities. No warranties or guarantees are
made by the District with respect to IQ 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. 2013-44, 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
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A possession or control of the IQ water distribution system downstream of the POD.
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14.USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT
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
;y low pressure or lack of flow. The District shall not be liable for User equipment failure
4' any damage due to low pressure or lack of flow.
The User shall post 10 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.
j Upon the request from the District, t h e 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 10 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
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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
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 10 Water for the
purpose of performing cross connection inspections.
If a cross connection is found on a User's property, the District will immediately
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�ate.
a
•
A 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
X; reasonable terms and conditions that the District determines are necessary
to avoid future cross connections; (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
f `R` 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
•=1 # 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 10 Water service
1 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 10
Water,the District shall charge and User shall pay the rates and charges as defined
in Ordinance No. 2013-44.
`i
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
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1
Service, the Allocation as billed for the respective billing period shall be equivalent to
3r a meter availability charge.
B. Pressurized Service will be billed by the District as the actual metered IQ Water
delivered at the User's POD in addition to the service availability charge. Users with
Pressurized Service may be subject to future conservation rates.
21. BILLING. Subject to terms and conditions of this Agreement, 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 10 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 IQ water.
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.
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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
:F( = include,but are not limited to,the following:
(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.
;;:a
(b) Unavailability of 1 Q 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.
i
1 (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
1Q 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:
}1 SER: DISTRICT:
H a sW S CGOLf CL Wastewater Director
3~x75 'k)6I$ws Drive 4370 Mercantile Avenue
/411710.3/ FL. 31113 Naples, FL 34104
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With ores to:
NASSif boif Ven-fore: Office of the Collier County Attorney
a.26 ea"ytin_ DAL 44240 3299 T arniarni Trail E,Suite 300
&le ees, F. 341102. Naples, FL 34 112
iiressees, addresses and numbers for the purpose of this section may be 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 he 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 rye
notified in the event of an emergency or District's inability to deliver IQ water are:
NAME, PHONE, EMAIL ADDRESS;
Rob Trebilcock
Golf Course Superintendent
(239) 450-0395 (cell)
Robtrebilcockt hibiscusgoif.con
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 10. 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
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Property pursuant to all applicable local,State, and Federal regulations.
x
29. CHANGES IN LAW/EXCUSE FROM PERFORMANCE.
z (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,
f` revisions or changes made to any relevant federal,_ =1 g y provisions of federal state or
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 or
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
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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 2013-44.
�a
3 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
=l � cause of action shall accrue upon or by reason hereof,to or for the benefit of any third
party not a Party hereto.
31 SEVERABILITY. If any court of competent jurisdiction finds that any part of this
Agreement is invalid or unenforceable, such invalidity or unenforceability shall not
a affect the other parts of this Agreement if the rights and obligations of the Parties
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 severable.
34. LAND 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
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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
Ordinance No. 2013-44 or the IQ Water Policy shall not be 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
Nassif GolftVentures, LLC, a 9orid- Limited
Witness(Signature) Liability,Co d/b/ H isc Golf Club
•me: 4 i:A iii. : �~-- /'
/44 D.v.. . Nassif, Mana Atm
Witness (Signature)
Na,�te:
Page 13 of 18
The foregoing Major User Agree.rneent for Delivery and ReucF of Irrigation Quality IQ) Water
was acknowledged before me this 1-7fi day of
iti
.', 2014, by David W. Nassif,
Manager, on behalf of Nassif Golf Ventures LLC, a Flt a Limited Liability Company, d/b/a
Hibiscus Golf Club (USER), who is personally 1 to me or who has produced
(type of idenflfica fon as f entificatio, .
(affix notarial seal)
_ v`
i5igatt�e o Not �l�
nawN. r I -+I ''(UV�
?° , , Notary Public - Sto.e of Florida (Print Name of Notary Public
=• My Comm Expires Sep 29.2018 NOTARY PUBLIC
e;' Commission #FF 164105
?,"S: Ia1 ,� I Serial/Commission#:(if any a=f 10-1(0
I Bonded through National Notary Assn.
My Commission Expires: q- 4''O____ _-
AS TO THE DISTRICT:
ATTEST! )0
CiVVIGHT-E. BROOK,CLERK. BOARD OF DISTRICT COMMISSIO t 'COLLIER
. DISTRICT, FLORIDA,AS THE GOVLVING-BOD;'
-By: . 4M �L OF COLLIER DISTRICT AND EX-OITf IO THE
StaS , �"• ' ' c1"i. LERK GOVERNING BOARD OF THE COc ZR.DIS RICT
dATER $EVEIiRI T
signature only.
f
,
B4: '9
"T i ryl N0. lae,)
CHAIRMAN
f,"'ir(:s;rki��..
.b.
Approved as to form and legality:
I
iewsiessaly•SeVi gi--,_4.4 1,
Assistant County Attorney
T cpK'Mi
Page 14 of 1$ V
EXHIBIT A
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4 ir.t�`�4` h _ ql #1". tx•v i'ti=$ B f l`". y}}$ 3u Y; mmmiI• I ..\ tb; , E
y 2 4i ii 1 e e 1 .1 i �} !`d it! 1.14: ., v \i_71., 3
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Page 15 of 18 Ae�»
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°
EXHIBIT C
Cross Connection Inspections Required
• Clubhouse
• Maintenance building
• Any other structure on the golf course served by potable water
�r
Page l7ofIQ
/
�rl
EXHIBIT D
y >53
Special Provisions
'�S l
The District will construct a new IQ Water assembly near the northwest corner of the
property near the intersection of Rattlesnake Hammock Road and Doral Circle in an easement
to be granted by User to District, as shown in Exhibit B. The existing assembly may be left in
place or removed by the District at the discretion of the User. District-owned equipment that
measures the water level of the pond into which the IQ Water flows and telemetry
equipment to transmit water level signals to a remote location shall remain at their current
location.
3 The District will also relocate a portion of the IQ Water main between Rattlesnake Hammock
Road and the canal to an alignment as close as practical to User's western property line along
Doral Circle and then as close as practical to the canal to the point where it rejoins the
existing IQ Water line. User agrees to provide a temporary construction easement to
accommodate this work. The portion of this line to be abandoned will be physically isolated
_s from the active main by the District. User will then remove and dispose of the abandoned
portion of the main.
1
In accordance with Section 13 of this Agreement,once these facilities are in place,User will
own and be responsible to operate and maintain all IQ Water facilities downstream of the
POD, excluding the aforementioned water level measurement and transmitting equipment.
Page 18 of 18
"sue
• ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENIF TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwprded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routintlines#1 through#2,complete the checklist,and forward tzi the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1. Scott R. Teach,Deputy County Atty. County Attorney SRT n /�j
County Attorney Office 7` I 5 ,
2. BCC Office Board of County
Commissioners V `V/S/ `c-k\\S
3. Minutes and Records Clerk of Court's Office Q(4(5 2
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Toni A.Mott Phone Number 39-252-8780
Contact/ Department
Agenda Date Item was 6/25/2013) Agenda Item Number 17H k/-
Approved by the BCC
Type of Document Resolution 2013-140 Number of Original 1
Attached Documents Attached Nassif Golf Ventures,
LLC Major User
4greement
PO number or account 414-263614-649030-744012.5.2 RECORDING FORM
number if document is i►TTACHED
to be recorded
INSTRUCTIONS& CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? TAM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A ,,s, i=
Office and all other parties except the BCC Chairman and the Clerk to the Board „, .
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A .4
document or the final negotiated contract date whichever is applicable.
6. "Sign here”tabs are placed on the appropriate pages indicating where the Chairman's TAM .
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC as stated above and all changes made TAM it
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the 0,,,
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2124.05;Revised 11/30/12