Agenda 06/28/2022 Item #16C 7 (Major User Agreement for Delivery & Reuse of UQ Water within Riviera Golf Club/Lucky Two Golf, LLC )
Proposed Agenda Changes
Board of County Commissioners Meeting
June 28, 2022
Continue Item 9A to the July 12, 2022, BCC Meeting: A Resolution of the Board of County Commissioners
proposing County-initiated amendments to the Collier County Growth Management Plan, Ordinance 89-05,
as amended, to address housing initiatives to allow affordable housing by right in certain commercial zoning
districts with a sunset date; to increase density for affordable housing; to establish a Strategic Opportunity
Sites Subdistrict; and to increase density for affordable housing projects along Collier Area Transit routes;
specifically amending the Future Land Use Element and Future Land Use Map; Golden Gate City Sub-
Element of Golden Gate Area Master Plan Element and Future Land Use Map; the Immokalee Area Master
Plan Element and Future Land Use Map; and adding a policy to the Transportation Element pertaining to
affordable housing along transit routes; and furthermore directing transmittal of these amendments to the
Florida Department of Economic Opportunity. [PL20210000660] (All Districts) (Staff’s request)
Withdrawal Item 10A: *** This Item continued from May 24, 2022, BCC Meeting. *** Recommendation to
consider Board support of the colocation of a proposed Saint Padre Pio College of Osteopathic Medicine on
the campus of Ave Maria University. (Sponsored by Commissioner McDaniel) (District 5) (Commissioner
McDaniel’s request)
Continue Item 11A to the July 12, 2022, BCC Meeting: Recommendation to approve the Collier Boulevard
Bridge Location Study and authorize the County Manager or designee to incorporate the recommended
alternative into the Collier Boulevard Widening Project (Project No. 68056). (Lorraine Lantz, Principal
Planner, Capital Project Planning) (District 3, District 5) (Commissioner McDaniel’s request)
Update to Item 11E: Recommendation to discuss entering into an employment agreement with Amy
Patterson to be the County Manager for Collier County. Two minor changes have been provided to the
contract sent out as a one-way communication on Friday, June 24, 2002, which are as follows:
Page 2 Section 4: Termination and Severance Pay
Add the word vacation to read: including any unused vacation leave, a lump sum cash payment
within ten (10) working days after the effective date of termination, as follows:
Page 5 Section 13: Retirement
Additions and strikethroughs as follows: The Board agrees to pay the maximum allowable annual
amount into the County Manager’s current retirement fund on the County Manager’s behalf
annually, on the effective date of this Agreement and on the anniversary of said date thereafter, and
to transfer ownership to succeeding employers upon the County Manager’s resignation or
termination, or to the County Manager upon their retirement, in accordance with any applicable
rules, regulations or laws.
Continue Item 16C7 to the July 12, 2022, BCC Meeting: Recommendation to
approve a second amendment to the Major User Agreement for Delivery and Reuse
of IQ Water with the Riviera Golf Club/Lucky Two Golf, LLC, to provide a revised
termination date due to facility closure. (District 4) (Commissioner Taylor’s request)
Add on Item 16C9: for consideration related to the Utility Work Order No 1 UWHCA 425843-2-56-02_I-75
Interchange agreement with FDOT. County staff received the request from FDOT on June 23, 2022 and the
terms of the Agreement require actions within a certain timeframe, sooner than the next available Board
meeting. (The form for Change Order No. 1 Section B.2 has been resent by FDOT staff to now correctly
check the box for NONREIMBURSABLE) (Staff’s request)
Continue Item 16D8 to the July 12, 2022, BCC Meeting: Recommendation to award Request for Proposals
(RFP) No. 22-7946, “Purchase of Ski Boat,” to Nautiques of Orlando, LLC, for the purchase of a ski boat in
the amount of $94,204 from Project 80418 Regional Parks off-road vehicles and equipment. (District 4)
(Commissioner McDaniel’s request)
Continue Item 16F8 to the July 12, 2022, BCC Meeting: Recommendation to approve modifications to
Tourist Development Tax Grant Guidelines on allowable uses to include the cost of producing a performing
arts production, entertainment at an event or location whose primary purpose is the promotion of tourism
not to exceed 50% of the total cost of the production and based on the availability of funds, and make a
finding that this program promotes tourism. (All Districts) (Commissioner McDaniel’s request)
Notes:
Time Certain Items:
Item 10D to be heard at 11:00 AM: Annual report from the Collier County Productivity Committee.
Item 10E to be heard no sooner than 1:00 PM: Consider Board support of draft language to reconstitute
and rebrand the Southwest Florida Regional Planning Council (SWFRPC).
7/19/2022 3:05 PM
06/28/2022
EXECUTIVE SUMMARY
Recommendation to approve a second amendment to the Major User Agreement for Delivery and
Reuse of IQ Water with the Riviera Golf Club/Lucky Two Golf, LLC, to provide a revised
termination date due to facility closure.
OBJECTIVE: To obtain the Board’s approval to terminate the Major User Agreement for Delivery and
Reuse of IQ Water (the “Agreement”) for the Riviera Golf Club/Lucky Two Golf LLC (the “User”) due
to facility closure.
CONSIDERATION: On June 25, 2013, the Board adopted Collier County Ordinance No. 2013-48,
relating to the Collier County Water-Sewer District (the “District”) Irrigation Quality (“IQ”) Water,
which requires users to enter into Agreements with the District for the sale and purchase of IQ Water. IQ
Water offers an environmentally sustainable method for managing wastewater disposal and conserves
potable water sources. Section 403.064 of the Florida Statutes encourages local governments to
implement reuse projects and places limitations on deep well injection and other forms of effluent
disposal, which the District uses and makes available to the public as an alternative water resource to be
used for both irrigation and non-irrigation purposes.
The User originally entered into the Agreement on January 1, 2016 with a September 30, 2020
termination date. Amendment No. 1 to the Agreement extended that term through September 30, 2025.
The User has informed the District that it will be closing the Golf Club for the summer, does not intend to
re-open the Golf Club in the fall, and no longer wishes to enjoy the benefit of receiving IQ Water from
the District.
The District is agreeable to amending the Agreement to allow for an early termination date since there is a
strong demand for the District’s available IQ Water. The District maintains a wait list of customers who
have requested IQ water service. Staff is recommending approval of the attached Second Amendment to
the Agreement that: (1) reflects a revised termination date of June 30, 2022, (2) addresses final billing and
unpaid fees, and (3) allows for continuing access to the User’s property to reclaim and acquire District
owned meters, equipment, and related appurtenances as identified in the Agreement and its Exhibit D -
Special Provisions.
FISCAL IMPACT: There is minimal fiscal impact since the CCWSD has a strong demand for IQ Water
and a replacement customer is imminently available.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.-SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
RECOMMENDATION: That the Board approves a Second Amendment to the Major User Agreement
for Delivery and Reuse of IQ Water for the Riviera Golf Club/Lucky Two Golf LLC, to provide a revised
termination date and authorize the Chairman to sign the amendment.
Prepared by: Sue Jacobs, Operations Analyst, Wastewater Division
ATTACHMENT(S)
1. Second Amend Riveria 061522 - CAO Stamp (PDF)
2. Riviera Recorded MUA 1-1-16 (PDF)
3. Amendment No. 1 Major User Agreement (PDF)
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06/28/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.7
Doc ID: 22581
Item Summary: Recommendation to approve a second amendment to the Major User Agreement
for Delivery and Reuse of IQ Water with the Riviera Golf Club/Lucky Two Golf, LLC, to provide a
revised termination date due to facility closure.
Meeting Date: 06/28/2022
Prepared by:
Title: – Public Utilities Department
Name: Drew Cody
06/16/2022 7:45 AM
Submitted by:
Title: Division Director - Wastewater – Wastewater
Name: Robert Von VanHolle
06/16/2022 7:45 AM
Approved By:
Review:
Wastewater Drew Cody Additional Reviewer Skipped 06/16/2022 4:13 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 06/20/2022 2:10 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/20/2022 2:53 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/21/2022 11:55 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/21/2022 4:03 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/21/2022 4:04 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2022 4:29 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/22/2022 8:15 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/22/2022 8:48 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM
16.C.7
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16.C.7.aPacket Pg. 833Attachment: Second Amend Riveria 061522 - CAO Stamp (22581 : Riviera Golf Club IQ Termination)
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16.C.7.aPacket Pg. 835Attachment: Second Amend Riveria 061522 - CAO Stamp (22581 : Riviera Golf Club IQ Termination)
16.C.7.aPacket Pg. 836Attachment: Second Amend Riveria 061522 - CAO Stamp (22581 : Riviera Golf Club IQ Termination)
16.C.7.aPacket Pg. 837Attachment: Second Amend Riveria 061522 - CAO Stamp (22581 : Riviera Golf Club IQ Termination)
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Packet Pg. 838 Attachment: Riviera Recorded MUA 1-1-16 (22581 : Riviera Golf Club IQ Termination)
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 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 forwarded 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. 1 Q
NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already co1,lete it the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attk j ey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney be v
t 5) 16
2. BCC Office Board of Coun b Y
Commissioners i-{4-/51 l
3. Minutes and Records Clerk of Court's Office
1)1O a•isa -
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 I Cindy M. Erb Phone Number 239-252-8917
Contact/ Department
Agenda Date Item was 7/14/2020 Agenda Item Number 16C1
Approved by the BCC
Type of Document Amendment Number of Original 1
Attached Documents Attached
PO number or account Account: Fund , Cost Center , Object
number if document is Code 649030, Project
to be recorded SEE ATTACHED
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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Packet Pg. 856 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
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Memorandum
TO: Minutes & Records
FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management
DATE: September 30, 2020
RE: Amendment No. 1 to Major User Agreement for Delivery and Reuse of
Irrigation Quality (IQ) Water— Riviera Golf Club
This item was accepted by the BCC on July 14, 2020, Agenda Item 16C1.
Please attest to Commissioner Saunders' signature as Chairman on the Amendment No. 1
To Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water. Once
attested, please forward said document to the Recording Department for recordation. A
recording form is attached.
Please contact me if you have any questions or comments at Extension 8917.
Thank you!
16.C.7.c
Packet Pg. 857 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
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Amendment No. I to Major User Agreement for Delivery
and Reuse of Irrigation Quality (IQ) Water
Riviera Golf Club 73 0 rn 7J Z
mnt- mn-i
wm 7i o,
rn70O cooTHISAmendmentNo. 1 to Major User Agreement for the Delivery and Reuse of o o m o 0Water (the"Amendment") is made and entered into this j G day ofsrp-J-, 2020 by and betw z m o
Lucky Two Golf, LLC, whose mailing address is 930 Lyn Way 104, Hastings, MN 55033, a Fore o1 %
Limited Liability Company (hereinafter referred to as `'User") and the Collier Water-Sewer Dist; 3 2 ohereinafterreferredtoas"District"),collectively,the Parties hereto("Parties"). This Amendment' - = o V
p n A 'DtakeeffectonOctober1, 2020 and will be effective through September 30, 2025. DOD o
RECITALS D D°'
z0
omWHEREAS, on June 25. 2013, the Collier County Board of County Commissioners adopt 8 wCollierCountyOrdinanceNo. 2013-48, relating to the Collier County Water-Sewer Distr 1
13District") Irrigation Quality ("IQ") Water. which among other matters requires Users to enter in
Agreements with the District for the sale and purchase of IQ Water: and rr
m
WHEREAS. IQ Water offers an environmentally sustainable method for managi,
wastewater disposal. conserving potable water sources, and Section 403.064. F.S. encourages local
governments to implement reuse projects and places limitations on deep well injection and other
forms of effluent disposal; the District desires to use for itself and make available to the public. IQ
Water as an alternative water resource to be used for both irrigation and non-irrigation purposes; and,
WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of
effluent upon any property owned by another party, must enter into a binding agreement between
the involved parties to ensure that construction, operation. maintenance, and monitoring of such use
meets the requirements of Chapters 62-600. 62-620 and 62-610. F.A.C.; and.
WHEREAS, the Board 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
i
Words Streek411-Feu-gli are deleted; Words Underlined are added
rt
16.C.7.c
Packet Pg. 858 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
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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
standards; actions to take in case of spills; and
Adding language in numbered paragraph 19 outlining procedures for cross
connection inspections.
Amending language in numbered paragraph 26, Notices, to address a non-substantive
descriptive title change.
NOW, THEREFORE. in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged amongst the parties, and in consideration of the covenants contained herein.
the parties agree as follows:
1.All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2.The last sentence of the preamble to the Agreement is replaced in its entirety to extend
the term of the Agreement and now reads as follows:
This Agreement will take effect on October 1, 2020 and will be effective
through and including September 30, 2025."
3. Numbered paragraph 6. Quantity is hereby amended as follows:
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 based on the IQ Water Application Rate for the
Irrigable Property described in Exhibit"A",("Full Allocation")and is calculated
as 233,000 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. The User
Words Tgh are deleted; Words Underlined are added
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Packet Pg. 859 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
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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 Allocation", above, the following will
constitute the User's Allocation for the term of this Agreement
gallons per day (gpd).
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.
made once 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.
IQ Water Availability, existing Major Users will be provided with an
e ene-nc -(I=') per-acFe, per week, of them W t < <n l t n . 4 th e
Users' irrigable acres irrigated with IQ Water in 2012.
4. Numbered paragraph 15. User Responsibilities Downstream of the Point of Delivery is
hereby amended as follows:
3
Words Struek-Through are deleted; Words Underlined are added
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Packet Pg. 860 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
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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 operate and maintain its IQ Water distribution system in
accordance with recognized and established water and wastewater utility
industry standards so that reportable releases of IQ water are avoided. A
reportable release is any release or discharge of reclaimed water that is other
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
IQ Spill Report Form (Exhibit"E'').
In the case of repeated spills or spills resulting from User's negligence User
may be requested to adopt corrective measures that will minimize the
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.
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.
5. Numbered paragraph 19. Cross Connections Prohibited is hereby amended as follows:
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.
4
Words Struck Through are deleted; Words Underlined are added
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Packet Pg. 861 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
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If a cross connection is found on a User's property, the District will
immediately suspend IQ Water service pursuant to the provisions of Collier
County Ordinance No. 2013-48. The District will provide a verbal notification
to the User, followed by a detailed written notice as soon as practicable. IQ
Water service will only be reinstated upon: (a) the removal of the cross
connection together with any reasonable terms and conditions that the District
determines are necessary to avoid future cross connections; (b) there is no
history of previous cross connections or violations of the other provisions of
Collier County Ordinance No. 2013-48 relating to the public health and safety
by the User; and (c) the Florida Department of Environmental Protection
FDEP) provides its approval of the reinstatement to the District in a writing.
if necessary. The User will be responsible for all costs incurred by the District
and the User resulting from the cross connection. These costs include all
potable or IQ Water used, including all potable water used for flushing lines,
and follow-up cross connection inspections performed by a licensed
professional irrigation contractor or a certified Reclaimed Water Field
Inspector as mandated by the District. IQ Water service will not be restored
prior to submittal of a written report summarizing the cross connection
inspections with subsequent written approval by the District.
The User shall provide results of cross connection inspections performed upon
initial connection to the District's System and take all reasonable precautions
to prevent any cross connections while making repairs or extensions to the
User's irrigation system.
The User must provide the results of a cross connection inspection performed
at each internal service connection prior to each future Agreement renewal. At
the end of the five-year term, one hundred percent of all potable and IQ Water
service connections shall have been inspected. The results of the cross
connection inspections must be submitted to the District by the User within
thirty days of inspection. At the time of the Agreement Renewal, the User is
required to submit a minimum of three 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.
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:
5
Words Struck '-htough are deleted; Words Underlined are added
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Packet Pg. 862 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
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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:
Lucky Two Golf, LLC Wastewater Director, In-Ground Services
930 Lvn Way 104 4370 Mercantile Ave.
Hastings, MD 55033 Naples, FL 34104
With copies to:
Riviera Golf Club Office of the Collier County Attorney
48 Marseille Dr. 3299 Tamiami Trail E., Suite 800
Naples, FL 34112 Naples, FL 34112
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.
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.
6
Words Struck Through are deleted; Words Underlined are added
16.C.7.c
Packet Pg. 863 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
16C 1
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
DISTRICT
iI
By:Nt'lf), By:
Deputy Clerke Burt L. Saunders. Chairman • •
Attest as to Chairma
signature only.
Approv form and legality:
By: t
Scott R. . ch
Deputy County Attorney
Words T-Iw are deleted; Words Underlined are added
01..
16.C.7.c
Packet Pg. 864 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
16C 1
Witnesses: AS TO USER
Witness Signat e)
Name: / 1 ICO ,C U COS4 fi(j
Lucky Two Golf, I,1 C. a Foreign Limited
Liabi ty Com v
By:
Witness (Si ature 2 1), G
7 6 Printed name and title l
Name:
STATE OF —
COUNTY OF
The foregoing Amendment No. 1 to Major User Agreement for elivery and Reuse of Irrigation
Quality (IQ) Water 'as ackno le ged before me by means o physical pr senc or online
fnotarization
this day of 12 /V 2020 by 1'IQ orum (Name),as
Title), on behalf of Lucky Two Golf, LLC, a Foreign Limited LiabilityCompny. uch person(s) Notary Public must check applicable box:
are personally known to me.
produced her current driver license.
produced as identification.
Notary Seal)
NiL -(J$ k
Not ry Public
Printed Name of Notary:jCiV)
r,.. Commission Number:
AINE7H DELEON
Notary Public•State of Florida My Commission Expires: 3eQCommission4GG344035
My Comm,Expires Jun 11,2023
8
Words StruckStrueli-Through are deleted; Words Underlined are added
16.C.7.c
Packet Pg. 865 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
I6C 3
Exhibit E to Major User Agreement
I
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
3. The name and telephone number of a contact person for further information
4. The substance released.
5. The estimated quantity of the substance released and, if applicable,the estimated quantity that has since
been recovered
G. The cause of the release.
7. The source of the release.
8. The location of the release
9 The date, time,and duration of the release
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.
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
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
t 44.
dalt
16.C.7.c
Packet Pg. 866 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)
16C 1
Exhibit F to Major User Agreement
Collier County Public Utilities
Irrigation Quality Section
Cross Connection Inspection Form
Subdivision Address
Reclaimed Meter# Meter Read T Meter Size
Potable Meter# Meter Read 1 Meter Size
Hydraulic Test Procedures
1. Notify facility owner of your presence and intent to conduct cross connection inspection. If no one answers the
door, check if potable meter is running. Come back to inspect at a later time if potable meter is running.
2 Proceed with inspection if no one answers the door and potable meter is not running
3. Turn off reclaimed water meter supply valve
4. Turn on potable meter supply valve
5 Turn on and run each irrigation zone. No flow should be observed from the irrigation system. Did this test pass?
Yes No
6. If step 6 passed, then turn off potable water supply and turn on the reclaimed water supply
7. Open hose bibs on the outside of the building. Check for flow. There should not be any flow out of hose bibs
after 10 seconds. Did this test pass? Yes No
8 If both tests passed make sure both meters are turned back on
9. If one or both tests fail, then shut and lock the reclaimed water meter and contact Collier County Irrigation
Quality Water Section (239)-252-6251.
10 Inform homeowner of actions taken if you find a cross connection.
General Survey Information
1. Backflow assembly present and accessible Yes No
2, Facility has outside hose bib vacuum breakers installed Yes No
3. Reclaimed water meter box is purple Yes No
4. Reclaimed water signage at entrance of subdivision or onsite Yes No
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
9. Reclaimed water used for swimming pool Yes No
10. Reclaimed water piped into building Yes No
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
16.C.7.c
Packet Pg. 867 Attachment: Amendment No. 1 Major User Agreement (22581 : Riviera Golf Club IQ Termination)