Amendment #1 - Vineyards Utility, Inc. INSTR 5924914 OR 5817 PG 2170
RECORDED 9/18/2020 9:46 AM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER 16.C.1.b
COLLIER COUNTY FLORIDA
REC$86.50
Amendment No. 1 to Major User Agreement for Delivery
and Reuse of Irrigation Quality(IQ)Water
Vineyards Utility, Inc.
THIS Amendment No. 1 to Major User Agrees nt for till Deli ry and Reuse of IQ
Water (the"Amendment") is made and entered into this 1`--1 ,'day of\u� 1 2020 by and between
Vineyards Utility, Inc., a Florida profit corporation, whose mailing adds is 75 Vineyards Blvd.
#500, Naples, Fl 34119 (hereinafter referred to as "User") and the Collier Water-Sewer District
(hereinafter referred to as"District"),collectively,the Parties hereto("Parties").This Amendment will c
take effect on October 1, 2020 and will be effective through September 30,2025.
RECITALS (1)
WHEREAS,on June 25,2013,the Collier County Board of County Commissioners adopted
Collier County Ordinance No. 2013-48, relating to the Collier County Water-Sewer District
("District") Irrigation Quality ("IQ") Water, which among other matters requires Users to enter into
Agreements with the District for the sale and purchase of IQ Water; and 2
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WHEREAS, IQ Water offers an environmentally sustainable method for managing
wastewater disposal, conserving potable water sources, and Section 403.064, F.S. encourages local x
governments to implement reuse projects and places limitations on deep well injection and other
forms of effluent disposal; the District desires to use for itself and make available to the public, IQ
Water as an alternative water resource to be used for both irrigation and non-irrigation purposes; and,
WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of z°
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,
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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,on June 11,2013,the Collier County Board of County Commissioners approved
a standardized format for the Major User Agreement for Delivery and Reuse of IQ Water (the
"Agreement")to be utilized by all of the Major Users of the District's IQ Water;and
WHEREAS, the Agreement has a five-year term commencing on October 1, 2015 and is
scheduled to terminate on September 30, 2020, subject to being renewed for successive five-year
terms upon the mutual agreement of the parties as set forth in numbered paragraph 7, Term, of the
Agreement;and
WHEREAS,the parties wish to extend the term of this Agreement for another five-year term
commencing on October 1, 2020, and to clarify their respective responsibilities by making the
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following additional amendments:
• Adding amended language in numbered paragraph 6, Quantity, reflecting the
updated Major User's allocation of water and striking language in that same
paragraph allowing Major Users to seek an increase to their allocation of water,
since under this Amendment they will be offered an Allocation equal to the full IQ
Water Application Rate(IQWAR); and
• Adding amended language in numbered paragraph 15, User Responsibilities
Downstream of the point of delivery, addressing Major User's responsibilities to
maintain and operate its IQ water distribution system in accordance with industry a
standards; actions to take in case of spills; and E
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• Adding language in numbered paragraph 19 outlining procedures for cross a
connection inspections. d
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• Amending language in numbered paragraph 26,Notices,to address a non-substantive •�
descriptive title change. 2
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NOW,THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable d
consideration exchanged amongst the parties,and in consideration of the covenants contained herein, w
the parties agree as follows: N
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I. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below. o
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2. The last sentence of the preamble to the Agreement is replaced in its entirety to extend d
the term of the Agreement and now reads as follows: E
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"This Agreement will take effect on October 1, 2020 and will be effective as
through and including September 30,2025."
3. Numbered paragraph 6. Quantity is hereby amended as follows: t
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6. QUANTITY.
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The Vineyards is served by four IQ Water meter assemblies. Three of these, a
(Vineyards North, Vineyards East and Vineyards South are Bulk assemblies. The
other,(Vineyards Pres),is a Pressure assembly.
Bulk Service: 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" and as further described in Exhibit "D".
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 based on the IQ Water
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Application Rate for the Irrigable Property described in Exhibit "A". ("Full
Allocation") and is calculated as 1,956,000 gallons per day (gpd) for the three
bulk assemblies from the 1st of November through last day of June,and 0 gallons
per day for the three bulk assemblies from the 1'` day of July through the last
day of October for each year of this Agreement. 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. The User may elect a lower Allocation for the term of this
Agreement while reserving its right to request the full Allocation when the
► Agreement is renewed. If User elects an Allocation lower than the "Full
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Allocation", above, the folio will constitute the User's Allocation for the a
term of this Agreement gallons per day(gpd).. d
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Pressurized Service: As further described in Exhibit D, the User's anticipated a
usage is based on the IQ Water Application Rate for the Irrigable Property y
described in Exhibit "A" served by the Vineyards Press Assembly and is m
calculated as 849,500 gallons per day(gpd). R
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The District is not obligated to provide any additional IQ Water to the User o
beyond the User's Allocation for the term of this Agreement. However,based 0
upon IQ Water availability,the District will use all reasonable efforts pursuant w
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 o
delivered to the User. Delivery of this additional IQ Water at any time does r
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 zo
IQ Water. c
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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 E
and recovery wells);except for reclaimed water needed for water reclamation ca
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facility treatment processes, injection well testing, flushing and other a
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.
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4. Numbered paragraph 15. User Responsibilities Downstream of the Point of Delivery is
hereby amended as follows: )
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15. USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF E
DELIVERY. Except to the extent, if any, clearly and expressly specified in `a)
the special provisions paragraph in this Agreement to the contrary, the User a
shall take full responsibility for the design,construction,permitting,financing, j
compliance, operation, maintenance, and repair of the IQ water system o
downstream of the POD as outlined in Ordinance No. 2013-48. •
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All User-owned pump stations must be equipped to automatically shut down .a
due to low pressure or lack of flow. The District shall not be liable for User o
equipment failure or any damage due to low pressure or lack of flow. w
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The User shall operate and maintain its IQ Water distribution system in N
accordance with recognized and established water and wastewater utility
industry standards so that reportable releases of IQ water are avoided. A o
reportable release is any release or discharge of reclaimed water that is other z
than for its intended use.All reportable releases shall be reported to the District
immediately after being contained. The procedures are outlined in the attached E
IQ Spill Report Form(Exhibit"E"). g)
In the case of repeated spills or spills resulting from User's negligence User d
may be requested to adopt corrective measures that will minimize the5.
possibility of future spills. Failure of the User to adopt such corrective
measures in a timely manner may result in curtailment of service or
{ termination of this Agreement.
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The User shall post IQ Water advisory signs as described in Section 62- a
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.
5. Numbered paragraph 19,Cross Connections Prohibited is hereby amended as follows:
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19. CROSS CONNECTIONS PROHIBITED. On all properties where IQ
Water service is provided, the public water supply shall be protected by an
approved backflow protection device as specified in Ordinance No. 1997-33,
as amended.
To determine the presence of any potential hazards to the District's potable or
IQ Water Systems, the District shall have the right, but not the duty, to enter
upon the premises and operate the private system of any User receiving IQ
Water for the purpose of performing cross connection inspections.
If a cross connection is found on a User's property, the District will
immediately suspend IQ Water service pursuant to the provisions of Collier E
County Ordinance No. 2013-48.The District will provide a verbal notification rn
to the User, followed by a detailed written notice as soon as practicable. IQ
Water service will only be reinstated upon: (a) the removal of the cross
connection together with any reasonable terms and conditions that the District
determines are necessary to avoid future cross connections; (b) there is no 8
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 0
(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 z°
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.
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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 1,575 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.
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All inspections are to be completed on the Cross-Connection Inspection Form
(Exhibit"F"). One inspection form is required for each potable meter service
connection. All units receiving potable water from that service connection
must be tested for a cross connection. Inspection should be completed by a
licensed professional irrigation contractor or a certified Reclaimed Water Field
Inspector or an individual that has been trained to complete cross connection
inspections.
6. Numbered paragraph 26.Notices is hereby amended as follows:
NOTICES.Any notice,request,demand,instruction or other communication to d
be given to either party hereunder shall be in writing sent electronically with a 0
request for confirmation or receipt, or by facsimile with automated a
confirmation of receipt; or hand delivery by a private service; or by registered a
or certified United States mail, return receipt requested, postage prepaid; or N
personal delivery addressed as follows: m
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USER: DISTRICT: 2
Vineyards Utility,Inc. Wastewater-Director,In-Ground Services a
75 Vineyards Blvd. #500 4370 Mercantile Ave. d
Naples, FL 34119 Naples, FL 34104 x
Attention: President W
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With copies to:
�' Office of the Collier County Attorney i
3299 Tamiami Trail E., Suite 800
Naples, FL 34112 E
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The addressees, addresses and numbers for the purpose of this section may beP.
revised by either Party by giving written notice of such change to the other party d
in any of the manners provided herein. For the purpose of changing such c
addressees,addresses and numbers only,unless and until such written notice is 5
received,the last addressee and respective address stated herein shall be deemed d
I to continue in effect for all purposes. Notice given in accordance with the L
I provisions of this section shall be deemed to be delivered and effective upon o
receipt of an automated fax confirmation; or on the fifth day after the certified a
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.
7. Except as modified by this Amendment, the Agreement shall remain in full force and
effect. If there is a conflict between the terms of this Amendment and the Agreement,the
terms of this Amendment shall prevail.
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IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed
by their appropriate officials,as of the date first above written.
AS TO THE DISTRICT:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL,Clerk of Courts COLLIER COUNTY, FLORIDA,AND AS
&Comptroller EX-OFFICIO THE GOVERNING BODY OF
THE COLLIER COUNTY WATER-SEWER
St
DISTRICT
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By141445-4‘ By: f a
tv Clerk... Burt L. Saunders,Chairman y
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Approved as to form and legality: d
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By:
Jenrii er A. Belpedio , 0� ll
Assistant County Attorney �',�
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Witnesses: AS TO USER
Witness(Signature)i-cGU,t)
Name: d/Aile S`e t //4/Y
Vineyards Utility, Inc. a Florida profit E
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N ic..._ • ,_.,_., Jr.,Ch ' i
(Signature) =
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Name: a 7J I
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State of )' Ivy i ck cL, co
County of(i\\\t= ( in
The foregoing Amendment No. I to Major User Agreement for Delivery and Reuse of Irrigation zo
Quality (IQ) Watej was acknow edged before this day of k,!. -� , 2020, by
11)V.hi t 1 \ (C i t c ► 3 i(Name), L1;\ (Title), on behalf c
of \J 1 C(A( �r O f k( (USER), who is personally known to me or a
who has produced (type of identification)as identication.
(affix notarial seal) ie&ila RIM v c
"iSi7of NotaR Pub 'c)tr, ,c/h >
M l , VA-/),11rA V su
(Print Name ofNotary Public)
NOTARY PUBLIC
Serial/Commission#:(if any)
My Commission Expires:fb'.l'
.1 Y v�B DENA L.WALTCHACK
. i : < Notary Public•State of Florida
''''A., ni of Commission N GG 220204
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Bo throughCom.Expires National Notarya21202Assn. ';
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Exhibit E to Major User Agreement
Colter County
Public Utilities Department
Wastewater Division
Reclaimed Water Spill Report Form
1. Name and title of the reporting person and the nature of his or her relationship to the installation
2. The name and address of the Installation where the reportable pollution release occurred.
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3. The name and telephone number of a contact person for further information.
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4. The substance released.
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S. The estimated quantity of the substance released and,if applicable,the estimated quantity that has since v
been recovered. -a
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6. The cause of the release. to
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7. The source of the release. '-
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8. The location of the release.
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9. The date,time,and duration of the release.
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10. The medium into which the substance was released,including,but not limited to,the outdoor air,land,
groundwater,aquifer,or specified waters or wetlands.
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11. Whether the released substance has migrated to land or waters of the state outside the property
boundaries of the installation and the location of such migration.
12. The owner or operator may also include in the notice any other information he or she wishes in order to
assist in the protection of the public health,safety,and welfare.
Please report all Reclaimed Water spills within 24 hours to Rob Kaine @ 239-252-6284 or email to
obert.kaine@colliercountyfl.gov For any after hours and weekend reports please call 239-252-2600 and ask to be
put into contact with the IQ on-call staff member.
W.r Drawn•4370 Mena**tl Ave •Naples Honda 34104.73-252 5881 ! i,
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Exhibit F to Major User Agreement
Collier County Public Utilities
Irrigation Quality Section
Cross Connection Inspection Form
Subdivision Address
Reclaimed Meter# Meter Read Meter Size
Potable Meter# Meter Read Meter Size
Hydraulic Test Procedures
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1. Notify facility owner of your presence and intent to conduct cross connection inspection. If no one answers the c
door,check if potable meter is running. Come back to inspect at a later time if potable meter is running. cu
2. Proceed with Inspection if no one answers the door and potable meter is not running rn
3. Turn off reclaimed water meter supply valve m
4. Turn on potable meter supply valve yr
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5. Turn on and run each irrigation zone. No flow should be observed from the irrigation system.Did this test pass? o
Yes No g
6. If step 6 passed,then turn off potable water supply and turn on the reclaimed water supply O
7. Open hose bibs on the outside of the building. Check for flow. There should not be any flow out of hose bibs c
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after 10 seconds. Did this test pass? Yes No
B. If both tests passed make sure both meters are turned back on ..
9. If one or both tests fall,then shut and lock the reclaimed water meter and contact Collier County Irrigation M
Quality Water Section(239)-252-6251. a
10. Inform homeowner of actions taken if you find a cross connection.
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General Survey Information xi
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1. Backflow assembly present and accessible Yes No E
2. Facility has outside hose bib vacuum breakers installed Yes No w
3. Reclaimed water meter box is purple Yes No o
4. Reclaimed water signage at entrance of subdivision or onsite Yes No c
5. Any hose bibs found on the reclaimed water irrigation system Yes No
6. Reclaimed water used for lawn,vegetation,or common areas only Yes No
7. Reclaimed water used for edible crops Yes No d
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9. Reclaimed water used for swimming pool Yes No .c
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10. Reclaimed water piped into building Yes No 1u
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11. Is meter locked off? Yes No `_
12. Is a cross connection present? Yes No
Inspected by: Signature: Date:
Company Performing Inspection:
Please return all completed forms to the Collier County Irrigation Quality Section,4370 Mercantile Ave,Naples,FL 34104
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