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Agenda 01/10/2023 Item #16C 1 (To obtain the Boards approval to terminate 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 due to facility closure)16.C.1 01 / 10/2023 EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to the Major User Agreement for Delivery and Reuse of Irrigation Quality ("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 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 recommends 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. Staff worked diligently with the contracted User to suspend service and provide final billing and requires Board approval to terminate the contract. Staff also reached out to the adjacent homeowners' association to ensure awareness. When contacted by staff, the Riviera Golf Estates Homeowners' Association acknowledged that it was aware of the contract termination, had already notified residents of the golf course closure in a newsletter, and did not communicate an objection. 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 of County Commissioners, Ex-officio the Governing Board of the Collier County Water -Sewer District, 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 attached 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) Packet Pg. 716 16.C.1 01/10/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doe ID: 23330 Item Summary: *** This Item continued from the June 28, 2022, BCC Meeting and further continued from the September 13, 2022, BCC Meeting. *** Recommendation to approve a Second Amendment to the Major User Agreement for Delivery and Reuse of Irrigation Quality ("IQ") Water with the Riviera Golf Club/Lucky Two Golf, LLC, to provide a revised termination date due to facility closure. Meeting Date: 01/10/2023 Prepared by: Title: — Public Utilities Department Name: Drew Cody 09/13/2022 9:28 AM Submitted by: Title: Division Director - Wastewater — Wastewater Name: Robert Von VanHolle 09/13/2022 9:28 AM Approved By: Review: Public Utilities Department Drew Cody Level 1 Division Reviewer Wastewater Drew Cody Additional Reviewer Public Utilities Operations Support AmiaMarie Curry Additional Reviewer County Attorney's Office Drew Cody Level 2 Attorney Review Public Utilities Department AmiaMarie Curry Level 2 Division Administrator Review Office of Management and Budget Drew Cody Level 3 OMB Gatekeeper Review County Attorney's Office Drew Cody Level 3 County Attorney's Office Review Office of Management and Budget Drew Cody Additional Reviewer Office of Management and Budget Drew Cody Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Sherry Greco Public Utilities Operations Support AmiaMarie Curry Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Skipped 09/13/2022 9:28 AM Skipped 09/13/2022 9:28 AM Completed 01/04/2023 11:13 AM Skipped 09/13/2022 9:28 AM Completed 01/04/2023 11:15 AM Skipped 09/13/2022 9:28 AM Skipped 09/13/2022 9:28 AM Skipped 09/13/2022 9:28 AM Skipped 09/13/2022 9:28 AM Additional Reviewer Completed 01/04/2023 11:34 AM Completed 01/04/2023 11:35 AM Completed 01/04/2023 2:50 PM 01/10/2023 9:00 AM Packet Pg. 717 16.C.1.a Amendment No. 2 to Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water with Lucky Two Golf ; LLC TtiiS Amendment No. 2 to Major User Agreement for the Delivery and Reuse of IQ Water (the "Amendment") is made and entered into this 14th day of June, 2022 by and between Lucky Two Golf, LLC, a Foreign limited Liability Company (hereinafter referred to as "User"), whose mailing address is 930 Lyn Way 104, 1lastings, MN 55033, and the Collier Water -Sewer District (hereinafter referred to as "District"), collectively, the Parties hereto ("Parties"). This Amendment will take effect upon the above -referenced date. RECITALS WHEREAS, on .Lune 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 WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water sources, and Section 403.064, F.S. encourages local governments to implement reuse projects and places limitations on deep well injection and other forms of effluent disposal, which the District desires to use for itself' and makes available to the public 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 pat -ties to ensure that construction, operation, maintenance, and monitoring oi'such use n►ects the requirements of Chapters 62-600, 62-620 and 62-610, I~.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 optil►-Ium utilization of the District's limited water supplies; and, WHEREAS, the User originally entered into a Board approved Major User Agreement for Delivery and Reuse of IQ Water (the "Agreement") governing the receipt of IQ Water for the Riviera Golf Club (the "Golf Club") with an effective date of January 1, 2016 and continuing through September 30, 2020; and WHEREAS, on September 30, 2020, the Parties entered into Amendment No. 1 to the Agreement which, in part, extended the term through September 30, 2025; and WHEREAS, the User has informed the District that the User 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 (sec Exhibit A. Correspondence from User dated June 4, 2022), and Packet Pg. 718 16.C.1.a WHEREAS, the District is agreeable to a►vending the Agreement to allow for an earlier termination date since there is a strong demand for the District's available IQ Water and the elimination of the User under the Agreement will not have a deleterious effect on the District; and WHEREAS, the Parties are agreeable to amending the Agreement to: (1) reflect a revised termination date of Tune 30, 2022, (2) address final billing and unpaid fees, and (3) 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, as more fully set forth below. NOW, THEREFORE, in consideration of 'fen 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 RECITAI...S are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Tile last sentence of the preamble to the Amendment No. I to the Agreement is replaced in its entirety to revise the termination date of the Agreement as fellows: "This Amendment will take effect on October 1, 2020 and will be effective through and Including June 30, 2022." 3. Numbered paragraphs 21, Billing, and 22, Unpaid Fees Constitute a Lien on User's Property, of the Agreement shall remain fully enforceable, consistent with all the terms of the Agreement, until all final invoices issued by the District have been satisfied by the User. 4, Numbered paragraph 31, Access, of the Agreement, shall remain fully enforceable, consistent with all the terms of the Agreement, to allow the District a reasonable opportunity to reclaim and acquire District owned meters, equipment, and related appurtenances that are situated on the User's property pursuant to the Agreement, and its Exhibit D — Special Provisions. To the extent that the User has conveyed utility and/or access easements to its property, the termination of the Agreement will not void the prior conveyance of such casements. 5. Except as modified by this Amendment, the Agreement shall remain ill 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. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written, 2 Packet Pg. 719 16.C.1.a ATTEST: CRYSTAL K. KINZEL, Clerk of Courts & Comptroller By: Deputy Clerk Approved as to form and legality: By: Scott R. Teach Deputy County Attorney AS TO THE DISTRICT: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER -SEWER M. William L. McDanieI, Jr., Chairman rw Packet Pg. 720 16.C.1.a Witnesses: AS TO USER Witness (Si nature) 91 Name: PM1 t e"tl Witnes ) Name: State of µ •� �w County of By: Printed name and title The foregoing Amendment No. I to Major User Agreement for Delivery and Reuse of Irrigation Quali f (I ) Water as acknowledged before me this day of J �.., 202C by .alhe) 1 (Name), _ (Title), on behalf of (USER), who is personally known to me or who has produced (affix notarial seal) 9M-n NORD (type of identification) as identification. (Signat of Notary PVLOld a ru 6 (Print Name df Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) ,ZOI yzZS�J My Commission Expires: [� ,3/ -� p2' 4 Packet Pg. 721 The Riviera Golf Club/Course LA Minnesota LLC at 48 Marseille Drive Naples, FI will be closing down operations and requests cancellation of our reclaimed water agreement effective ASAP, If there is any additional information needed, please contact Kim Thomas, at 816-444-3334. Thank you, Date: EXHIBIT b 48 Marseille Drive • Naples FL, 34112 •2.19-774-2011 • Fox: 239-774-6554 w w w. rig• is r si�;ui t", rom 16.C.1.a Cqp Packet Pg. 722 INSTR 5212029 OR 5228 PG 2513 RECORDED 12/30/2015 9:37 AM PAGES 18 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $154.50 16.C.1.b Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water Riviera Golf Club THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is made and entered into this day oaan&Jnr 20 A, by and between Lucky Two Golf, LLC, a Foreign Limited Liability Company, who mailing address is One Shannon Drive, Hastings, MN 55033 (hereinafter referred to as "User") and the Collier Water -Sewer District (hereinafter referred to as "District"), collectively, the Parties hereto ("Parties"). This Agreement will take effect on .:a20It., and will be effective through September 30, 2020. RECITALS WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water souc �arrtd,` ri5ection 403.064, F.S. encourages local governments to implement reuse,pr�saeF pliiarations on deep well injection and other forms of effluent disposal. h7istrict desires to itself and make available to the public, IQ Water as an alterxiatiw water��resource to be,,use for both irrigation and non irrigation purposes; and,,a°fi"' v WHEREAS, all wastewater tre;#rrtent Ypint pen effluent upon any propert 0'Wr�c1 between the involved partipt;o ensure that monitoring of such use meets requirements of and, ° that reue IQ Water or dispose of u oritek into a binding agreement eft ftiorl, `eration, maintenance, and is 0, 62-620 and 62-610, F.A.C.; WHEREAS, the Board of County 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 OR 5228 PG 2514 16.C.1.b 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 ail 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-irito this Agreement in .its entirety by reference. 4", 1 r � 5. IQ WATER POLICY. The IQ Water Policy (Folic time, which delineates not be limited to, defer of service. d 0 my Commission(Bard) has also adopted an supplemented °nd amended from time to for. rovidir% IQ ter Service to include, but { 64"Of rates, and the provision QUANTITY. s `s e User's Allocation Bulk Service Customeraased oar t`he combination of the availability of the District' ln/a ter and the IQ Wan Rate for the Property as described in Exhibit "A." Th llocation, which th t ict agrees to make available, and the User agrees to accept liasd*tr4e t rrs'o f7is Agreement is calculated as g , 119,905 gallons per day (gpd). This leaver nstitutes 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 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. 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 IQ Water instead of the deep injection of IQ Water (including charging aquifer storage and recovery wells); Page 2 of 18 W OR 5228 PG 2515 16.C.1.b 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 there -recognized amount determined by the IQWAR utilization, in exchange for the lase s", Win Substitution or offset credits. For the purpose of the applicatiph o�t future User°640f z tion, any increase in IQ Water N er volume for existing Majoi I rs will be based on ems' amount of the Major Users' irrigable acres irrigated With 4 tertn,2012-._ 7. TERM. The User agre s to'rerieiveYfr6m �ih' 0" `ia iq atier for approved uses for a minimum term of five (5), otiafhb,,of ect ye da ydf thy' reement or for such other initial term as MO determined by the strict to prude for the expiration of the first five-year term * s Agreement to cot -de Wt ' expiration of all other initial five-year Major Us Agreements), and which in 6 re -hewed for successive five (5) year terms upon the tm�! J cement of bow i t s. Within no less than one hundred eighty (180) days and do mgie�th rr r e_ t��d"red sixty five (365) days from the end of the initial five (5) year tiihittie current five (5) year term, the Parties will meet and discuss the terms an'd 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 after disinfection and before discharge to holding ponds or the IQ Water System and (b) Supplemental Water Supplies such as ground or surface water. IQ Water may also be referred to as reuse water, effluent water, or reclaimed water. Page 3 of 19 0 9. POINT OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013-48 and located at: Where the IQ Water line crosses the northern right-of-way line of Fleur de Lis Lane onto golf course property. 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._co.nyQred facilities, whereby the District will agree to repair any facilities co at rat break down or otherwise fail to function as intended, whenr,th ��e ofthe faitcirq toioqt be directly attributed to an act or acts caused solely by e iJser or its agents. The i� r t will also provide the User all District easements ncess}forhlser's majintenan ce of the conveyed facilities. 10. DELIVERY OF IQ WATT federal and local req�[, provide any additional, points located at thek\, made by the District N the water reclamation harm to persons, prop Water by the User. the reclamation facilifr ;pest to IQ Water c 1�s. The District will etation resuitir II meet applicable state, sins. The District will not Peyond the compliance Wies or guarantees are � s ,dfter its discharge from `liable for any damage or application of District IQ 11. METERS. All connections to the 1Q Water system shall be metered in accordance with Ordinance No. 2013-48, as amended. 12.DISTRICT RESPONSIBILITIES UPSTREAM OF THE POINT OF DELIVERY. Except to the extent, if any, clearly and expressly specified in the Special Provisions paragraph in this Agreement to the contrary, the District shall own and be responsible for all repairs and associated costs of operating the IQ water system up to the POD. 13.DISTRICT RESPONSIBILITIES DOWNSTEAM OF THE POINT OF DELIVERY. Except to the extent, if any, clearly and expressly specified in the Special Provisions paragraph in this Agreement to the contrary, the District shall NOT own, operate, or maintain the IQ water distribution system and shall not be deemed to be" in possession or control of the IQ water distribution system downstream of the POD. 14.USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT 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. Page 4 of 18 OR 5228 PG 2517 16.C.1.b 15. USER RESPON5IBILITIES 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, oa�TaEeatrd water features. Golf courses shall post, maintain, and replace =s r� 4-t:6Mstorageµ%c r s� water features, and either at the first and the tenth tee,:no , core cards, at the Usion. 16. USER RESPONSIBILITY TO CONVVY'MEMENTSTO4 IQ WAS ER FACILITIES TO DISTRICT. Upon the request from the ��ri t `�s �. u�essor and/or assigns, shall convey to District an* and a utittyanl/cra'siOs ets necessary for IQ water 4 I t n.F I distribution on their preen e a �o1'cosVtol tf Dist(4r , Allgsu h documents shall be . �4ra prepared, reviewed a i�'�processed in ..accordance wilit th srovisions of Ordinance No. 2004-31, as amend d �dinance No. _2013 48��d r0cord d'as setforth herein. i 17. CONSERVATION. User sha "maFL- ,all reasonable eff to conserve IQ Water. The User shall ensure that the U er' � e ee rota tors, agents, residents, and invitees are informed about the r 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, surflcial water and any other additional or supplemental water sources. User acknowledges that IQ water, due to its chemical composition, may not be compatible with the Users' irrigation of certain susceptible vegetation. User agrees that District will not be held liable for any damages that may occur to vegetation or for any other damages that.may occur due to the use of IQ water by the User provided that the quality of the IQ Water that is delivered to the User meets all applicable state, federal and Page 5 of 18 61�li OR 5228 PG 2518 16.C.1.b local requirements at the District's Compliance Points. (ii) Upon a finding through the production of competent evidence that: (a) the User has _ not played 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 769.28, Florida Statutes, hereby indemnifies and holds the User harmless..fromrand against all liabilities, claims, damages; expenses, or actions, either at law olk i t� ' a�oct�czr incurred as the result of the negligence, omissions or wil(fu ,4tt F the Distri t gnts, employees, residents, guests, or invitees, whose att"r.ornissions far which thIlsemay be held liable during copsethe s uen alyformance damages as th�sre�uft"�f its la Tu��=Qfstrict ill not be held liable for any q � A ac wties i providing IQ Water to any- Users.` d �" (iii) For the purpose of both oi+�s i trtl ll "' iifw ie Oa es cannot resolve any r�o dispute between them *"'heir own represent ves, rm Oediation with a Florida Certified Mediator shall Uqq eld by the Parties with h pa wring one-half (%) of the expenses of the Mediato"feed by and acceptable tobofh Parties. If mediation between the Parties is uns%phuL . both Parties mavail themselves of all other available remedies at law and in14, uity s� : w 19. CROSS CONNECTIONS PROHIBITED. On all properties where IQ Water service is provided, the public water supply shall be protected by an approved backfiow protection device as specified in Ordinance No. 1997-33, as amended. To determine the presence of any potential hazards to the District's potable or IQ Water Systems, the District shall have the right, but not the duty, to enter upon the premises and operate the private system of any User receiving IQ Water for the purpose of performing cross connection inspections. If a cross connection is found on a User's property, the District will immediately suspend IQ Water service pursuant to the provisions of Collier County Ordinance No. 2013-48. The District will provide a verbal notification to the User, followed by a detailed written notice as soon as practicable. IQ Water service will only be reinstated upon: (a) the removal of the cross connection together with any reasonable terms and conditions that the District determines are necessary to avoid future cross connections; (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 ovaPage 6 of 18 c 0 c E m CY U 0 R aD 0 M M M Q z3 a� 0 0 a) a� 2 W 4J c m E t r r Q OR 5228 PG 2519 16.C.1.b 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 °f �r� (c� ec ro� inspection performed at each internal service connection priryr #t fu1 ure Agi"eeririnewal. At the end of the five year term, one hundred pt 'tif all potable and iQ'W,,4§-'eservice connections shall have been to the District b inspected. Usetrwith n �f'iYt�daoss s ofo connection ir`�pectons must be submitted Y "may y petion. A the time of the Agreement Renewal, the User is required to submit a minimums -*! reirvoss connection inspections. The service connections¢thatfequirejns e¢tions aiejist d Exhibit; "C." Additional cross connections inspections ma} e,re4djre as/d4tomme i by t4igDiktrict when additional service connections are made, or cross connections°ire faijpd 20. RATE TO BE CHARGED F ee 41WATER. For having v�iv nidlor farnistfii-g,Vi 1Q Water, the District shall c r d User shall pay 46� r4es and charges as defined in Ordinance No. 2001-73, as nd �•�' The User is receiving Bulk Service under this Agreement. 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. 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. 2001-73, 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 Page 7 of 18 O�J OR 5228 PG 2520 16.C.1.b 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 electrant writing is acceptable), and in the event of an immediate emery cNhoxca by telephone with subsequent written confirmation. Emer c iall include, bilf, ` 1 mited to, the following: (a) Climatic conditions, su s h rrica f°�floods;'\or nseasonably excessive rainfall that makes it impossible f Li er to accept ICr�Wa� er. (b) Short term equipert or" mterial ar#e, along # it impossible for User to store or distriuti w i (c) An act of God #arrtakes it impossible User tcccept, stare or distribute JA the IQ water. , 24. ,DISTRICT EMERGENCY SITUATIONS, � 4j Rt rriay temporarily cease IQ Water Delivery in anticipation of a major storm7event. 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: (a) Unavailability of 1 Q Water due to a loss or lack of influent to the water reclamation facilities due to a collection system failure or a reduction of wastewater influent flow beyond the anticipated low flow periods. (b) Unavailability of IQ Water due to a process failure. (c).- Non-com pliant IQ Water, making it unusable for approved uses. c 2 a E L r U U 0 a cc 0 M M M (d) Equipment or material failure in the IQ Water delivery system, including storage and pumping. Page 8 of 18 ur OR 5228 PG 2521 16.C.1.b (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 asjneee i tb nt of limited IQ Water availability, Bulk Users will be uniformly Intern t y-a#r, p rcentage of their Allocation. 26. NOTICES. Any notice, to either party here confirmation or receil delivery by a private receipt requested, po USER: Lucky Two Goff, LLC One Shannon Drive Hastings, MN 55218 ques ;,;demand, instruction or other communication to be given ler ti a ,b in Writing�sint electronically with a request for or 6y,fa mi�h ,*ftrqa edu, rmation of receipt; or hand fesf �rwlte;c or Y �r�d� r �� ElUnitied States mail, return ge repaid o person a)�idkvt' v addi,*ss4d as follows: Wait 4370 Ave. With copies to: I R., V i e ra E n t r— k Ab Office of the Collier County Attorney 5 /?-e� 3299 Tamiami Trail E., Suite 800 Naples, FL 34112 .Q,vre✓tc. 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 Page 9 of 18 OR 5228 PG 2522 16.C.1.b notified in the event of an emergency or District's inability to deliver IQ water are: NAME, PHONE, EMAILADDRESS; James Woods Golf Course Superintendent 0: 239.774.1081 M: 239.572.0714 Riviera Maintenance@comcast.net 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, chart&e-j.0 representative. User may change its representative by providing vrttie q. fit trict to become effective upon "� _ r acknowledgement by District: m The District rep e event of an emergency are: Irrigation Quality Ma4ger,t29j ` S `ANil�laistevaater Department, (239) 5 r 252-2600 3 i .� 28. USE OF IQ WATER. (i) h ser hereby affirms t * it has re�adj understands and will fully comply with the terms,' ions, requirement5't!d 4bligfpns of Ordinance Na. 2013- 48 for the receipt of Dis�fil�°IQ Water; and (d) the' l)ser,,,shall accept the IQ Water delivered by the District a only for appt d.,fises on the User's Property pursuant to all applicable local; State, F e ftions. m 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. During the term of this Agreement, if there are any amendments, 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 Page 10 of 18 ED) OR 5228 PG 2523 16.C.1.b 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 e� yi days) to cure the default. If the default is not timely cured, tle tltrn�ayi saenotify the defaulting party in er� writing that it has elected o�inate this Agreerh 'rtI the event that there is default under this Agreement 'co-uld result in immedi e _Arm to the Public's health or safety, the non-defaglting,�ar m% immei t i suspen its'performance under this Agreement to include the ilhme 1Ate steer► a -of, �ud ry of IQ Water if the non - defaulting Party is they Dist ct 6y rove ngt e, of i ti f'arty.with telephonic notice of such suspension fo4ow0d, Lip, bywrijtt0r0Ee And Bich {sipension shall continue until such time as the t is�`Cured cir tfie �1gr ement ia%s E p terminated. 31. ACCESS. User consents to tle seasonable entry by'lie litrtt upon the Users Property as provided for by Ordinan 013-48. A- 32. NO THIRD PARTY BENEFICIARIES ii lely for the benefit of the identified Parties hereto, and their successors�in interest, or assigns, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a Party hereto. 33. SEVERABILITY. If any court of competent jurisdiction finds that any part of this Agreement is invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the Parties 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 Page 11 of 18 Y, OR 5228 PG 2524 16.C.1.b 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 „.,_,W_ -T4-._Jf4E LAND. This Agreement shall be executed in accordance with Flori a-*tetp #or it to be recorded in the Public Records of Collier County, Fleitt"tire Distnc�ts;�d shall thereby run with the land. Any easement grant / y the User and any'; cessor and/or assigns, or any termination issued her underj shaltalso be recqrded in theyPublic Records of Collier County, Florida. The User shall have the (gh tolelE tranfrk.r erubet the Property, except that written notice of an ar�o ett 1+ op� art fer rgps ,btu y en to the District, as provided for herein, � `(east thirty tl {30) da s 4 „ for o s (e-dr transfer. So Ion as p �t� Y � g use of the property i` ubstantially continu iae forttle purposes intended by this Agreement, any sub J t: party shall be obiigatec Urider the same terms and conditions of this Agree ei �rn)ess modified y ten agreement between the District and any successor aiior=rs ,�e ff five {S} year renewal period _ after such sale, transfer, or encumbt ri�i ,`,,—&Agreemeq.must be renewed with the successor and/or assigns, or IQ Water service will be discontinued. 39, ENTIRE Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall be in writing duly executed .with the same formalities as this Agreement by the Parties hereto, or their successors in interest to the Property. Each amendment shall clearly and specifically refer to this Agreement by title and date. Any amendments to Ordinance. No. 2013-48 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. Page 12 of 18 o OR 5228 PG 2525 Witnesses: AS TO USER Witness (Signature) Name: Patty Roehl Witp,6s (Signature) L?/-A Name: Valerie Z ,'Yo Lucky )Two Golf, LLC, a Foreign ited Liabil' y m y M -t p By,;: h D. Grund,Managing Member N Printeda'me and title "J. OR 5228 PG 2526 16.C.1.b State of Minnesota County of Dakota The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water was acknowledged before me this 17th day of December 2015, by Kenneth D. Grund (Name), Managing Member (Title), on behalf of Lucky Two Golf, LLC, a Foreign Limited Liability Company (USER), who is personally known to me n/a (type of identification) as identification. (affix notarial seal) IOLLY L KIEFFER womwkslon Notary Publicne Minsota Ex Janus 31 2020 my AS TO THE DISTRICT: (Signature of Notary Publi ) � MQ�1& t.f f i t NgJa Notary Public) ji NOTAR�e.. Serial/Comrhfssi(if any) , � �T1/IyCommissionIxpires: 13 20z .1 9 ATTEST,"" DWIG`PIT E, BROCRj CLEk By: ;pD•EP 1" . r� AtAtas . signat6e4l* 0.11 ti, roved as to rm nd legality: Name: T.6ae_L� Title: p�p„i�}.�, C,.ow,.��l, ►9-f}�y County Attorney Office J i r s r � OAgb ', DISTRICT COMMISSI( R, CQLLIER .'. o S' STRCT, FLORIDA, AS THE GOVIV(NG=BODY OF COLLIER DISTRICT AND EX-OFfICIO THE GOVERNING BOARD OF THE COLEJER DISTRICT m WATER -SEWER DISTRICT By: _ — �.. E T m K16'Rt41 C.bvu rmoar-� OR 5228 PG 2528 16.C.1.b w� w CD / U) - (� LLJ O 441 4 4,O m J CO Az 00 co c OZ� �o Qo �OQ QJ OD O / W < / / O� ,/ W m \ O \ / i W Lo m \ m ~ ~ W F ^ azr �a O / w o za m / < wzr w� LL. JQ W� m� Q6- C7 �I Q I- LLI d L`I \ F- LLI`rwLCi (D \ 0Q9 F-m W zD- U O~, Ucb DwZa o w Q in of o W LU � 0 \ U) o , W rayy 03 to to CD 0. g t W EL d l0 " J Q O W mo af 0 q- > y s,, N Of LLI O d ~ LLJ 0, ; C] Lad 11' w O Z ct W l .i.�' J , z U U .Q a W W Q UEJU J Q L,O:3 -� F-- �" '" � II 11 II II 11 II it II II II N® o w> a S� ,yp Al a IL O Cl o ys x 10 pyJ\ /'p yJi r LLJ W d- W CD W d w 00 Q zm aPL�, nf 0 z o /LLO \O �— N °- O W C' Q Y Ui _ LLJ w CL 0 Q m ,< W J a NM M O UK)oa) ODa}Md U- z O p� t.J. v°rn m F M W O J Z X NZ=LS a w N w � (7 W Z 0 U) 0o W Zuni }- LL—�� OZ=z U` >-z0 o W LL ~ J W p U OR 5228 PG 2529 16.C.1.b EXHIBIT C CROSS CONNECTION INSPECTIONS REQUIRED Cross connection inspections are required at following locations: • Clubhouse • Cart barn • Golf course maintenance building • Any other structure on the golf course property served by a potable water connection €b W.,.d pad �,t p j J,r a d" s a *** OR 5228 PG 2530 *** 16.C.1.b EXHIBIT D SPECIAL PROVISIONS 1. IQ meter assembly and appurtenances, including pressure transducer and staff gauge located in the IQ Water discharge pond shall remain the property of the District. 2. Utility Easement (OR 1641, PG 690), encompassing the IQ Water discharge pond shall be released by means of a separate legal instrument. 3. A smaller utility easement encompassing the IQ meter assembly shall be granted, at no charge, to the District by means of a separate legal instrument. w 4 Cy"''�ei 9 � gg tk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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. Q **NEW** ROUTING SLIP k&&V-66 Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already co Iete it the exception of the Chairman's signature. draw a line through routing lines # 1 through #2 complete the rherkliq and fh—rd to t(`Wo he nt., Att off"'. Route to Addressees (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Sc-cam ` )' C C , 2. BCC Office Board of County b Commissioners 3. Minutes and Records Clerk of Court's Office i a` 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 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 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? CME 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed - by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CME signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. — Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/14/2020, and all changes made during CME is not the meeting have been incorporated in the attached document. The County ption *1 Attorne 's Office has reviewed the chap es, if a licable. line. Is 9. Initials of attorney verifying that the attached document is the version approved by the is nBCC, all changes directed by the BCC have been made, and the document is ready for the ptionChairman's si nature. line. 1: 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 Packet Pg. 741 16.C.1.c 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! Packet Pg. 742 16 16.C.1.c Amendment No. I to Major L`ser Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water Riviera Golf Club ° n X m0rm 0 M 0 r Wm7,X 0)X00 THIS Amendment N o . 1 to Major User Agreement for the Delivery and Reuse of o o o Water (the "Amendment") is made and entered into this day of�. 2620 by and betty, Z m Lucky Two Golf, LLC, whose mailing address is 930 Lyn Way 104 Bastin s MN 55033, a Fore < `—' N o Limited Liability Company (hereinafter referred to as "User") and the Collier Water -Sewer Dish r- C o c (hereinafter referred to as "District"), collectively, the Parties hereto ("Parties"). This Amendment c E take effect on October 1, 2020 and will be effective through September 30, 2025. D o RECITALS D a oR WHEREAS, on June 25, 2013, the Collier County Board of County Commissioners adopt o u Collier County Ordinance No. 2013-48, relating to the Collier County Water -Sewer Distr ° ("District") Irrigation Quality ("IQ") Water, which among other matters requires Users to enter in la Agreements with the District for the sale and purchase of IQ Water: and ° > r m R WHEREAS, IQ Water offers an environmentally sustainable method for managi; _ M wastewater disposal, conserving potable water sources, and Section 403.064, F.S. encourages local N 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, E as L WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of a effluent upon any property owned by another party, must enter into a binding agreement between n 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, o WHEREAS, the Board has also adopted an IQ Water Policy, as it may be supplemented 6 and amended from time to time, which is intended to provide beneficial public use of IQ Water by Z ensuring the optimum utilization of the District's limited water supplies: and, E WHEREAS, on June 11. 2013. the Collier County Board of County Commissioners approved a a standardized format for the Major User Agreement for Delivery and Reuse of IQ Water (the a "Agreement") to be utilized by all of the Major Users of the District's IQ Water; and c d 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, "Perm, of the Q 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 1 Words Struel• ThF '- are deleted; Words Underlined are added Packet Pg. 743 I (") 16.C.1.c 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 y 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 M consideration exchanged amongst the parties, and in consideration of the covenants contained herein. N the parties agree as follows: c as 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. a, a L 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: `o "This Agreement will take effect on October 1, 2020 and will be effective � through and including September 30, 2025." o 3. Numbered paragraph 6. Quantity is hereby amended as follows: 6. QUANTITY. Bulk Sen,,ice 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 IO 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 «'ords Strueli# are deleted; Words Underlined are added Packet Pg. 744 16 16.C.1.c 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. 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 c and recovery wells); except for reclaimed water needed for water reclamation E facility treatment processes, injection well testing, flushing and other L regulatory requirements or as it may be deemed necessary by the District to do a so from time to time in order to protect the Public's health and safety. N For purposes of this Agreement, each day equals a twenty-four (24) hour `o 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. r - • oil • 4. Numbered paragraph 15. User Responsibilities Downstream of the Point of Deliven• is hereby amended as follows: Words Strue'- Th-,h are deleted; Words Underlined are added Packet Pg. 745 16.C.1.c 16 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 IO Water distribution system in accordance with recognized and established water and wastewater utility industry standards so that reportable releases of IO 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 Struel- Thr are deleted; Words Underlined are added Packet Pg. 746 16 16.C.1.c 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 "I".). 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 St. ueli Tom* are deleted; Words Underlined are added Packet Pg. 747 16.C.1.c 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: Lucky Two Golf, LLC 930 Lyn Way 104 Hastings, MD 55033 With copies to: Riviera Golf Club 48 Marseille Dr. Naples, FL 34112 DISTRICT: Wastewater Director, In -Ground Services 4370 Mercantile Ave. Naples, FL 34104 Office of the Collier County Attorney 3299 Tamiami Trail E., Suite 800 Naples, FL 34112 The addressees, addresses and numbers for the purpose of this section may be 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. Words Str-ue-! 0 are deleted; Words Underlined are added Packet Pg. 748 16.C.1.c 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 COMMISSIO.NE'RS CRYSTAL K. KINZEL, Clerk of Courts COLLIER COUNTY, FLORIDA; AND AS & Comptroller EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY:WATER-SEVI'F,R DISTRICT MMMM'-.M�� KMMM'1�21110 Deputy Clerk Attest as to Chairman's signature only. Approv form and legality: By: Scott R. ' ch Deputy C ount% :attorney By: Burt L. Saunders, Chairman Words StFueli Thrwagh are deleted; Words Underlined are added Packet Pg. 749 16 16.C.1.c Witnesses: AS TO USER Witness Signat e) Name: /1' ��f _'C U f� Witness (Signature 2 II Z4-F 4' Name: T STATE OF r l COUNTY OF Lucky Two Golf; LLC. a Foreign Limited Liabi N Com k By i 1Uk A(' 60-" rib ) �d ct lkcC(-J, „ Printed name and title 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 p ysical pr senc or ❑ online notarization this day of 2020 by (Name), as f z Title), on ehalf of Lucky Two Golf, LLC, a Foreign Limited Liability i ' Comp ny. Such person(s) Notary Public must check applicable box: are personally known to me. ❑ produced her current driver license. ❑ produced (Notary Seal) =o¢ •: "' �' AINE7H DELEON Notary Public • State of Florida Commission A GG 344035 My Comm, Expires Jun 11, 2023 as identification. Not ry Public Printed Name of Notary: ��✓1 Commission Number: , My Commission Expires: 3 Words Strueli ; ;ram# are deleted; Words Underlined are added Packet Pg. 750 Exhibit F to Major User Agreement I Co le-r County Public Utiilties 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 6. 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 Q Packet Pg. 751 L 16.C.1.c E1xhibit F to Major User Agreement a V 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, F L 34104 Packet Pg. 752