Autumn Woods Community Association 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 o
made and entered into this •' day of IAA/ , 20/(o by and between Autumn Woods o S rjj
Community Association, Inc., a Florida non profit corporation, whose mailing address is 6720 `; m =
Autumn Woods Boulevard, Naples, FL 34109 (hereinafter referred to as "User") and the Collier 0 m °m
District Water-Sewer District (hereinafter referred to as "District"), collectively, the Parties hereto °
"Parties" This Agreement will take effect on �` o N o
("Parties"). g ,/��¢ 1'� ZO�ii and will be effective
through September 30, 2020. o r
RECITALS o g
WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater o
= D
disposal, conserving potable water sources, and Section 403.064, F.S, epcourages local m m
governments to implement reuse projects and places limitations on deep well injection and o cn
other forms of effluent disposal; the District desires to use for itself and make available to the c
public, 10 Water as an alternative water resource to be used for both irrigation and non
irrigation purposes;and, o
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 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
IQ Water Policy (Policy), that may be supplemented and amended from time to
time, which delineates certain policies for providing 1Q Water Service to include, but
not be limited to, definitions, levels of service, application of rates, and the provision
of service.
6. QUANTITY.
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 on the terms of this Agreement,
is calculated as 90,508 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 Customers: the User's anticipated usage is based on the IQ Water
Application Rate for the Irrigable Property described in Exhibit "A" and is calculated
as million gallons 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 IQ 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 once per calendar year.
The District agrees that it will provide the User with its Allocation of 10 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 IQ 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) days 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. 10 Water may also be
referred to as reuse water, effluent water, or reclaimed water.
9. POINT OF DELIVERY(POD).The POD is as defined in Ordinance No. 2013-48 and located:
at the point where the 6-inch IQ Water main crosses the property line between the
Goodlette-Frank Road right-of-way and Autumn Woods Tract C2
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 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 10 water distribution system and shall not be deemed to be in
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
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 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.
1. 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
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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 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 560 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.
B. Pressurized Service will be billed by the District as the actual metered IQ Water
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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(1A) 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 10 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
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Pressurized Service may be subject to future conservation rates. (Not applicable)
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 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 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.
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 I 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.
(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 10 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: DISTRICT:
Autumn Woods Community Association Wastewater Director
6720 Autumn Woods Boulevard 4370 Mercantile Avenue
Naples, FL 34109 Naples, FL 34104
Attn:Tony McHugh, Property Manager
With copies to:
Office of the Collier County Attorney
3299 Tamiami Trail E.,Suite 800
Naples, FL 34112
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The addressees, 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
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 10 water are:
Tony McHugh, Property Manager
tmchugh@resortgroupinc.com
(Office) (239) 596-9634, (Cell) (239) 776-8569
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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revisions or changes made to any relevant 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 renewal
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. 2013-44.
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
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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
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
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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
Witness (Signature) Autumn Woods Community Association, Inc., a
Florida n•n-profit corporatio
Name: .. le
AA
Witnes Signature) � iJ► 2'• J♦ /j ,;,L Pres/4,14.f'
Name. Printed Name and Title
41.tt PO 4
�`Azi M tcHA5.Ls (A)o0ds-
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State of FLOR i Dq
County of COL.Cf&R
The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water
was acknowledged before me this 8734 day of cifiNcogY , 2014 by 24t-
kLig7/S 4. c./OHNSOAI (Name) PRE...5 t bg/v T (Title) on behalf of
Autumn Woods Community Association, Inc. a Florida non-profit corporation (USER), who is
personally known to me or who has produced (type of identification)
as identification.
41111r
(affix notarial seal)
!nature of Notary Public)
%.,54,91.1 .rde ki
_ei Poqcf, Notary Public State of Florida b. Adgra
.4 . Susan D Martinsen f'rint Name of Notary Public)
,p‘ My Commission EE 8717 T 9
"
, . ci "; lit 0,or Expires 04/01/2017 ',,OTARY PUBLIC
..t,-- I .r , erial/Commission#:(if any) EE S7/71 f
My Commission Expires: 04/0420/7
AS TO THE DISTRICT:
, ,..
ATTEST:
D HT E.ETI 6 , CLERK BOARD OF DISTRICT COMMISSIGNiR,COLLIER
I '.
DISTRICT, FLORIDA,AS THE GOVERNING BODY
11,4 . • 0 . # al OF COLLIER DISTRICT AND EX-OFFIC,I0 THE
DEPUTY CLERK GOVERNING BOARD OF THE COLLIER.DISTRICT
- Attest as to Cifiinian's WATER-SEWER DISTRICT
.,.
. .
q■rirture olti i
% : .
By:
I ' CHAIRMAN
Dovma_. riet_ o,.
p• oved as t• *rm and legality:
opi
'ame:
Title: 147 XtVyy.17
County Attorfiey'S Office
Page 14 of 22
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EXHIBIT A
Property Description
The property covered by this Agreement is the Autumn Woods Planned Unit Development.
The property, with its irrigable area of 84.17 Acres, is shown below.
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9 Page 16 of 22
EXHIBIT C
CROSS CONNECTION INSPECTIONS
1 6589 Autumn Woods BLVD 41 6497 Autumn Woods BLVD 81 6733 Autumn Woods BLVD
2 6472 Autumn Woods BLVD 42 6617 Autumn Woods BLVD 82 6561 Autumn Woods BLVD
3 6436 Autumn Woods BLVD 43 6516 Autumn Woods BLVD 83 6449 Autumn Woods BLVD
4 6541 Autumn Woods BLVD 44 6468 Autumn Woods BLVD 84 6953 Autumn Woods BLVD
5 6557 Autumn Woods BLVD 45 6477 Autumn Woods BLVD 85 6481 Autumn Woods BLVD
6 6473 Autumn Woods BLVD 46 6429 Autumn Woods BLVD 86 6585 Autumn Woods BLVD
7 6486 Autumn Woods BLVD 47 6537 Autumn Woods BLVD 87 6505 Autumn Woods BLVD
8 6489 Autumn Woods BLVD 48 6469 Autumn Woods BLVD 88 6493 Autumn Woods BLVD
9 6729 Autumn Woods BLVD 49 6506 Autumn Woods BLVD 89 6416 Autumn Woods BLVD
10 6521 Autumn Woods BLVD 50 6565 Autumn Woods BLVD 90 6496 Autumn Woods BLVD
11 6441 Autumn Woods BLVD 51 6613 Autumn Woods BLVD 91 6486 Birchwood CT
12 6945 Autumn Woods BLVD 52 6720 Autumn Woods BLVD 92 6483 Birchwood CT
13 6536 Autumn Woods BLVD 53 6545 Autumn Woods BLVD 93 6474 Birchwood CT
14 6457 Autumn Woods BLVD 54 6949 Autumn Woods BLVD 94 6430 Birchwood CT
15 6961 Autumn Woods BLVD 55 6501 Autumn Woods BLVD 95 6427 Birchwood CT
16 6420 Autumn Woods BLVD 56 6533 Autumn Woods BLVD 96 6495 Birchwood CT
17 6417 Autumn Woods BLVD 57 6444 Autumn Woods BLVD 97 6418 Birchwood CT
18 6601 Autumn Woods BLVD 58 6476 Autumn Woods BLVD 98 6466 Birchwood CT
19 6421 Autumn Woods BLVD 59 6465 Autumn Woods BLVD 99 6442 Birchwood CT
20 6553 Autumn Woods BLVD 60 6432 Autumn Woods BLVD 100 6447 Birchwood CT
21 6424 Autumn Woods BLVD 61 6549 Autumn Woods BLVD 101 6490 Birchwood CT
22 6725 Autumn Woods BLVD 62 6593 Autumn Woods BLVD 102 6446 Birchwood CT
23 6485 Autumn Woods BLVD 63 6525 Autumn Woods BLVD 103 6491 Birchwood CT
24 6605 Autumn Woods BLVD 64 6445 Autumn Woods BLVD 104 6423 Birchwood CT
25 6929 Autumn Woods BLVD 65 6581 Autumn Woods BLVD 105 6435 Birchwood CT
26 6569 Autumn Woods BLVD 66 6513 Autumn Woods BLVD 106 6478 Birchwood CT
27 6621 Autumn Woods BLVD 67 6437 Autumn Woods BLVD 107 6479 Birchwood CT
28 6573 Autumn Woods BLVD 68 6440 Autumn Woods BLVD 108 6459 Birchwood CT
29 6577 Autumn Woods BLVD 69 6517 Autumn Woods BLVD 109 6431 Birchwood CT
30 6957 Autumn Woods BLVD 70 6526 Autumn Woods BLVD 110 6463 Birchwood CT
31 6456 Autumn Woods BLVD 71 6941 Autumn Woods BLVD 111 6494 Birchwood CT
32 6453 Autumn Woods BLVD 72 6937 Autumn Woods BLVD 112 6462 Birchwood CT
33 6509 Autumn Woods BLVD 73 6433 Autumn Woods BLVD 113 6467 Birchwood CT
34 6933 Autumn Woods BLVD 74 6464 Autumn Woods BLVD 114 6426 Birchwood CT
35 6461 Autumn Woods BLVD 75 6425 Autumn Woods BLVD 115 6458 Birchwood CT
36 6448 Autumn Woods BLVD 76 6428 Autumn Woods BLVD 116 6451 Birchwood CT
37 6952 Autumn Woods BLVD 77 6597 Autumn Woods BLVD 117 6443 Birchwood CT
38 6460 Autumn Woods BLVD 78 6609 Autumn Woods BLVD 118 6434 Birchwood CT
39 6737 Autumn Woods BLVD 79 6529 Autumn Woods BLVD 119 6471 Birchwood CT
40 6965 Autumn Woods BLVD 80 6452 Autumn Woods BLVD 120 6439 Birchwood CT
Page 17 of 22
e
EXHIBIT C
CROSS CONNECTION INSPECTIONS
121 6482 Birchwood CT 161 7130 Blue Juniper CT 201 6996 Burnt Sienna CIR
122 6454 Birchwood CT 162 7130 Blue Juniper CT 202 6925 Burnt Sienna CIR
123 6450 Birchwood CT 163 7127 Blue Juniper CT 203 6957 Burnt Sienna CIR
124 6475 Birchwood CT 164 7127 Blue Juniper CT 204 7003 Burnt Sienna CIR
125 6470 Birchwood CT 165 7127 Blue Juniper CT 205 6928 Burnt Sienna CIR
126 6422 Birchwood CT 166 7127 Blue Juniper CT 206 6960 Burnt Sienna CIR
127 6455 Birchwood CT 167 6952 Burnt Sienna CIR 207 7008 Burnt Sienna CIR
128 6419 Birchwood CT 168 6961 Burnt Sienna CIR 208 6972 Burnt Sienna CIR
129 6487 Birchwood CT 169 6964 Burnt Sienna OR 209 6977 Burnt Sienna CIR
130 6438 Birchwood CT 170 6901 Burnt Sienna CIR 210 6924 Burnt Sienna CIR
131 7134 Blue Juniper CT 171 6932 Burnt Sienna CIR 211 7007 Burnt Sienna OR
132 7134 Blue Juniper CT 172 6981 Burnt Sienna CIR 212 6992 Burnt Sienna OR
133 7134 Blue Juniper CT 173 6988 Burnt Sienna CIR 213 6956 Burnt Sienna CIR
134 7134 Blue Juniper CT 174 6985 Burnt Sienna CIR 214 6549 Chestnut CIR
135 7131 Blue Juniper CT 175 6908 Burnt Sienna CIR 215 6614 Chestnut CIR
136 7131 Blue Juniper CT 176 6905 Burnt Sienna OR 216 6553 Chestnut CIR
137 7131 Blue Juniper CT 177 6948 Burnt Sienna OR 217 6560 Chestnut CIR
138 7131 Blue Juniper CT 178 6980 Burnt Sienna OR 218 6599 Chestnut CIR
139 7118 Blue Juniper CT 179 6913 Burnt Sienna OR 219 6565 Chestnut CIR
140 7122 Blue Juniper CT 180 7004 Burnt Sienna OR 220 6615 Chestnut CIR
141 7122 Blue Juniper CT 181 6933 Burnt Sienna OR 221 6561 Chestnut CIR
142 7122 Blue Juniper CT 182 6995 Burnt Sienna OR 222 6564 Chestnut CIR
143 7122 Blue Juniper CT 183 6984 Burnt Sienna OR 223 6610 Chestnut OR
144 7123 Blue Juniper CT 184 6999 Burnt Sienna OR 224 6576 Chestnut CIR
145 7123 Blue Juniper CT 185 6968 Burnt Sienna OR 225 6584 Chestnut CIR
146 7123 Blue Juniper CT 186 6920 Burnt Sienna CIR 226 6595 Chestnut CIR
147 7123 Blue Juniper CT 187 6973 Burnt Sienna OR 227 6602 Chestnut OR
148 7126 Blue Juniper CT 188 6969 Burnt Sienna CIR 228 6537 Chestnut CIR
149 7126 Blue Juniper CT 189 7000 Burnt Sienna CIR 229 6541 Chestnut CIR
150 7126 Blue Juniper CT 190 6917 Burnt Sienna CIR 230 6611 Chestnut CIR
151 7126 Blue Juniper CT 191 6936 Burnt Sienna CIR 231 6592 Chestnut CIR
152 7122 Blue Juniper CT 192 6904 Burnt Sienna CIR 232 6550 Chestnut CIR
153 7126 Blue Juniper CT 193 6916 Burnt Sienna CIR 233 6542 Chestnut CIR
154 7130 Blue Juniper CT 194 6929 Burnt Sienna CIR 234 6557 Chestnut CIR
155 7134 Blue Juniper CT 195 6989 Burnt Sienna CIR 235 6545 Chestnut CIR
156 7131 Blue Juniper CT 196 6921 Burnt Sienna OR 236 6572 Chestnut CIR
157 7127 Blue Juniper CT 197 6965 Burnt Sienna CIR 237 6569 Chestnut CIR
158 7123 Blue Juniper CT 198 6909 Burnt Sienna CIR 238 6580 Chestnut CIR
159 7130 Blue Juniper CT 199 6940 Burnt Sienna OR 239 6607 Chestnut CIR
160 7130 Blue Juniper CT 200 6953 Burnt Sienna OR 240 6538 Chestnut CIR
Page 18 of 22
e
EXHIBIT C
CROSS CONNECTION INSPECTIONS
241 6606 Chestnut CIR 281 6642 Nature Preserve CT 321 6794 Old Banyan WAY
242 6556 Chestnut OR 282 6622 Nature Preserve CT 322 6739 Old Banyan WAY
243 6603 Chestnut CIR 283 6638 Nature Preserve CT 323 6743 Old Banyan WAY
244 6588 Chestnut CIR 284 6646 Nature Preserve CT 324 6724 Old Banyan WAY
245 6591 Chestnut CIR 285 6630 Nature Preserve CT 325 6734 Old Banyan WAY
246 5573 Chestnut CIR 286 6654 Nature Preserve CT 326 6859 Old Banyan WAY
247 6710 Goodlette-Frank Rd 287 6650 Nature Preserve CT 327 6854 Old Banyan WAY
248 6691 Mangrove WAY 288 6634 Nature Preserve CT 328 6866 Old Banyan WAY
249 6694 Mangrove WAY 289 6703 Old Banyan WAY 329 6747 Old Banyan WAY
250 6671 Mangrove WAY 290 6783 Old Banyan WAY 330 6762 Old Banyan WAY
251 6667 Mangrove WAY 291 6771 Old Banyan WAY 331 6775 Old Banyan WAY
252 6655 Mangrove WAY 292 6839 Old Banyan WAY 332 6858 Old Banyan WAY
253 6643 Mangrove WAY 293 6830 Old Banyan WAY 333 6799 Old Banyan WAY
254 6670 Mangrove WAY 294 6827 Old Banyan WAY 334 6707 Old Banyan WAY
255 6647 Mangrove WAY 295 6774 Old Banyan WAY 335 6790 Old Banyan WAY
256 6680 Mangrove WAY 296 6851 Old Banyan WAY 336 6786 Old Banyan WAY
257 6690 Mangrove WAY 297 6735 Old Banyan WAY 337 6755 Old Banyan WAY
258 6636 Mangrove WAY 298 6843 Old Banyan WAY 338 6712 Old Banyan WAY
259 6623 Mangrove WAY 299 6759 Old Banyan WAY 339 6808 Old Banyan WAY
260 6640 Mangrove WAY 300 6815 Old Banyan WAY 340 6716 Old Banyan WAY
261 6683 Mangrove WAY 301 6720 Old Banyan WAY 341 6846 Old Banyan WAY
262 6639 Mangrove WAY 302 6831 Old Banyan WAY 342 6767 Old Banyan WAY
263 6687 Mangrove WAY 303 6715 Old Banyan WAY 343 6791 Old Banyan WAY
264 6679 Mangrove WAY 304 6758 Old Banyan WAY 344 6804 Old Banyan WAY
265 6660 Mangrove WAY 305 6823 Old Banyan WAY 345 6766 Old Banyan WAY
266 6627 Mangrove WAY 306 6727 Old Banyan WAY 346 6834 Old Banyan WAY
267 6659 Mangrove WAY 307 6811 Old Banyan WAY 347 6763 Old Banyan WAY
268 6628 Mangrove WAY 308 6719 Old Banyan WAY 348 6847 Old Banyan WAY
269 6631 Mangrove WAY 309 6708 Old Banyan WAY 349 6819 Old Banyan WAY
270 6632 Mangrove WAY 310 6723 Old Banyan WAY 350 6731 Old Banyan WAY
271 6675 Mangrove WAY 311 6754 Old Banyan WAY 351 6704 Old Banyan WAY
272 6635 Mangrove WAY 312 6782 Old Banyan WAY 352 6787 Old Banyan WAY
273 6663 Mangrove WAY 313 6826 Old Banyan WAY 353 6803 Old Banyan WAY
274 6650 Mangrove WAY 314 6807 Old Banyan WAY 354 6711 Old Banyan WAY
275 6695 Mangrove WAY 315 6838 Old Banyan WAY 355 6855 Old Banyan WAY
276 6656 Mangrove WAY 316 6850 Old Banyan WAY 356 6778 Old Banyan WAY
277 6651 Mangrove WAY 317 6770 Old Banyan WAY 357 6779 Old Banyan WAY
278 6626 Nature Preserve CT 318 6862 Old Banyan WAY 358 6835 Old Banyan WAY
279 6662 Nature Preserve CT 319 6751 Old Banyan WAY 359 6371 Old Mahogany CT
280 6658 Nature Preserve CT 320 6795 Old Banyan WAY 360 6382 Old Mahogany CT
Page 19 of 22
).tai:
EXHIBIT C
CROSS CONNECTION INSPECTIONS
361 6350 Old Mahogany CT 401 7095 Pond Cypress CT 441 7055 Sugar Magnolia OR
362 6390 Old Mahogany CT 402 7099 Pond Cypress CT 442 7030 Sugar Magnolia CIR
363 6355 Old Mahogany CT 403 7099 Pond Cypress CT 443 7058 Sugar Magnolia CIR
364 6367 Old Mahogany CT 404 7099 Pond Cypress CT 444 7062 Sugar Magnolia CIR
365 6386 Old Mahogany CT 405 7099 Pond Cypress CT 445 7074 Sugar Magnolia CIR
366 6383 Old Mahogany CT 406 7103 Pond Cypress CT 446 7059 Sugar Magnolia CIR
367 6387 Old Mahogany CT 407 7103 Pond Cypress CT 447 7102 Sugar Magnolia CIR
368 6346 Old Mahogany CT 408 7103 Pond Cypress CT 448 7099 Sugar Magnolia CIR
369 6351 Old Mahogany CT 409 7103 Pond Cypress CT 449 7091 Sugar Magnolia CIR
370 6370 Old Mahogany CT 410 6726 RED OAK BLVD 450 7026 Sugar Magnolia CIR
371 6366 Old Mahogany CT 411 6756 Southern Oak CT 451 7090 Sugar Magnolia CIR
372 6359 Old Mahogany CT 412 6744 Southern Oak CT 452 7087 Sugar Magnolia CIR
373 6347 Old Mahogany CT 413 6753 Southern Oak CT 453 7078 Sugar Magnolia CIR
374 6374 Old Mahogany CT 414 6785 Southern Oak CT 454 7079 Sugar Magnolia CIR
375 6358 Old Mahogany CT 415 6760 Southern Oak CT 455 7098 Sugar Magnolia CIR
376 6379 Old Mahogany CT 416 6784 Southern Oak CT 456 7054 Sugar Magnolia CIR
377 6391 Old Mahogany CT 417 6773 Southern Oak CT 457 7046 Sugar Magnolia CIR
378 6362 Old Mahogany CT 418 6772 Southern Oak CT 458 7063 Sugar Magnolia CIR
379 6354 Old Mahogany CT 419 6745 Southern Oak CT 459 7067 Sugar Magnolia CIR
380 6342 Old Mahogany CT 420 6777 Southern Oak CT 460 7083 Sugar Magnolia CIR
381 6343 Old Mahogany CT 421 6764 Southern Oak CT 461 7022 Sugar Magnolia CIR
382 6363 Old Mahogany CT 422 6789 Southern Oak CT 462 7034 Sugar Magnolia CIR
383 6378 Old Mahogany CT 423 6776 Southern Oak CT 463 7015 Sugar Magnolia CIR
384 6375 Old Mahogany CT 424 6761 Southern Oak CT 464 7070 Sugar Magnolia CIR
385 7098 Pond Cypress CT 425 6749 Southern Oak CT 465 7106 Sugar Magnolia CIR
386 7098 Pond Cypress CT 426 6757 Southern Oak CT 466 7103 Sugar Magnolia CIR
387 7098 Pond Cypress CT 427 6769 Southern Oak CT 467 7066 Sugar Magnolia CIR
388 7098 Pond Cypress CT 428 6752 Southern Oak CT 468 7018 Sugar Magnolia CIR
389 7095 Pond Cypress CT 429 6748 Southern Oak CT 469 7071 Sugar Magnolia CIR
390 7099 Pond Cypress CT 430 6765 Southern Oak CT 470 7045 Sugar Magnolia CIR
391 7103 Pond Cypress CT 431 6793 Southern Oak CT 471 7082 Sugar Magnolia CIR
392 7102 Pond Cypress CT 432 6781 Southern Oak CT 472 7094 Sugar Magnolia CIR
393 7098 Pond Cypress CT 433 6780 Southern Oak CT 473 7095 Sugar Magnolia CIR
394 7102 Pond Cypress CT 434 6768 Southern Oak CT 474 7014 Sugar Magnolia CIR
395 7102 Pond Cypress CT 435 7117 Sugar Magnolia CIR 475 7112 Sugar Magnolia CIR
396 7102 Pond Cypress CT 436 7086 Sugar Magnolia CIR 476 7038 Sugar Magnolia CIR
397 7102 Pond Cypress CT 437 7116 Sugar Magnolia CIR 477 7050 Sugar Magnolia CIR
398 7095 Pond Cypress CT 438 7025 Sugar Magnolia CIR 478 7135 Sugar Magnolia CT
399 7095 Pond Cypress CT 439 7042 Sugar Magnolia CIR 479 7138 Sugar Magnolia CT
400 7095 Pond Cypress CT 440 7075 Sugar Magnolia CIR 480 7143 Sugar Magnolia CT
Page 20 of 22 'tJb,))
EXHIBIT C
CROSS CONNECTION INSPECTIONS
481 7111 Sugar Magnolia CT 521 7120 Timberland CIR 561 7119 Wild Forest CT
482 7142 Sugar Magnolia CT 522 7120 Timberland CIR 562 7119 Wild Forest CT
483 7114 Sugar Magnolia CT 523 7117 Timberland CIR 563 7119 Wild Forest CT
484 7110 Sugar Magnolia CT 524 7064 Timberland CIR 564 7115 Wild Forest CT
485 7122 Sugar Magnolia CT 525 7044 Timberland CIR 565 7115 Wild Forest CT
486 7126 Sugar Magnolia CT 526 7092 Timberland CIR 566 7115 Wild Forest CT
487 7139 Sugar Magnolia CT 527 7092 Timberland CIR 567 7115 Wild Forest CT
488 7127 Sugar Magnolia CT 528 7092 Timberland CIR 568 7110 Wild Forest CT
489 7115 Sugar Magnolia CT 529 7092 Timberland OR 569 7110 Wild Forest CT
490 7123 Sugar Magnolia CT 530 7093 Timberland CIR 570 7110 Wild Forest CT
491 7130 Sugar Magnolia CT 531 7049 Timberland CIR 571 7110 Wild Forest CT
492 7131 Sugar Magnolia CT 532 7125 Timberland CIR 572. 7114 Wild Forest CT
493 7134 Sugar Magnolia CT 533 7045 Timberland CIR 573 7114 Wild Forest CT
494 7119 Sugar Magnolia CT 534 7080 Timberland CIR 574 7114 Wild Forest CT
495 7118 Sugar Magnolia CT 535 7128 Timberland CIR 575 7114 Wild Forest CT
496 7072 Timberland CIR 536 7128 Timberland CIR
497 7121 Timberland CIR 537 7128 Timberland CIR
498 7132 Timberland CIR 538 7128 Timberland CIR
499 7132 Timberland CIR 539 7068 Timberland CIR
500 7132 Timberland CIR 540 7132 Timberland CIR
501 7132 Timberland CIR 541 7128 Timberland CIR
502 7063 Timberland CIR 542 7120 Timberland CIR
503 7057 Timberland CIR 543 7092 Timberland CIR
504 7073 Timberland CIR 544 7113 Timberland CIR
505 7060 Timberland CIR 545 7101 Timberland CIR
506 7088 Timberland CIR 546 7111 Wild Forest CT
507 7056 Timberland CIR 547 7119 Wild Forest CT
508 7053 Timberland CIR 548 7115 Wild Forest CT
509 7105 Timberland CIR 549 7118 Wild Forest CT
510 7129 Timberland CIR 550 7114 Wild Forest CT
511 7052 Timberland CIR 551 7110 Wild Forest CT
512 7048 Timberland CIR 552 7118 Wild Forest CT
513 7097 Timberland CIR 553 7118 Wild Forest CT
514 7084 Timberland CIR 554 7118 Wild Forest CT
515 7109 Timberland CIR 555 7118 Wild Forest CT
516 7085 Timberland CIR 556 7111 Wild Forest CT
517 7076 Timberland CIR 557 7111 Wild Forest CT
518 7089 Timberland CIR 558 7111 Wild Forest CT
519 7120 Timberland CIR 559 7111 Wild Forest CT
520 7120 Timberland CIR 560 7119 Wild Forest CT
Page 21 of 22 ���
EXHIBIT D
Special Provisions
1. The IQ meter assembly will be relocated by the District to a new location adjacent to
Goodlette Frank Road. It is likely that a new easement on Autumn Woods Community
Association property wi|| beoecessarytuaccmrnmnodatethene|mcatedassennb|y.
Relocation of the assembly will be contingent upon donation of such an easement by
Autumn Woods Community Association. At such time as it is no longer needed,the
easement within which the current assembly is located will be released by the District.
The relocation will occur within two (2)years from the effective date of this
Agreement.
2. The pressure transducer and staff gau located in the JO Water discharge pond shall
remain the property of the District and shall continue to be maintained by the District.
A 10-foot wide easement to accommodate the electrical conduit between the
relocated assembly and the pressure transducer will be donated to District by User.
Page 22ofZ2