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Backup Documents 01/10/2023 Item #11E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 1 E 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. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 141 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 2 Public Utilities Wastewater SYG 1-18-23 3. County Attorney Office County Attorney Office jeci > /y�/g / 4. BCC Office Board of County Commissioners RL * 5. Minutes and Records Clerk of Court's Office �t ,t f IY�J Iq 2023 sot 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 Sherry Greco/Wastewater Phone Number 239-252-1457 Contact/Department Agenda Date Item was 1-10-23 Agenda Item Number 11E Approved by the BCC (rc wiosl1 16.C.I Type of Document(s) Amendment(see attached) Number of Original 1 Attached Documents Attached PO number or account Please send a final copy to number if document is Sherry.greco@colliercountyfl.gov and to be recorded Robert.VonHolle(a,colliercountyfl.gov 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 signature?(stamped unless otherwise stated) SYG 2. Does the document need to be sent to another agency for additional signatures? If yes, SYG provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by SYG 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 SYG 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 SYG 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 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SYG should be provided to the County Attorney Office at the time the item is uploaded to the agenda. 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 (/rof z'5 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney S an option for Office has reviewed the changes,if applicable. l this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21 1 1 E Martha S. Vergara From: Martha S. Vergara Sent: Friday, January 20, 2023 8:42 AM To: GrecoSherry; VonHolleRobert Subject: Amendment (Item #11E/16C1) from the 1/10/2023 BCC Meeting Attachments: Sherry Greco.pdf Morning Sherry& Robert, Attached is a copy of the agreement per the routing sheet. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk COURT Office: 239-252-7240 °?A Fax: 239-252-8408 72 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 4;'?r``t 8 - Naples, FL 34112 www.CollierClerk.com i 1 1 E Amendment No. 2 to Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water with Lucky Two Golf;LLC • TI-IIS 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 ofJune,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, Hastings, 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 June 25, 2013, the Collier County Board of County Commissioners adopted • Collier County Ordinance No. 2013-48, relating to the Collier County Water-Sewer District ("District") Irrigation Quality ("IQ") Water, which among other matters requires Users to enter into Agreements with the District for the sale and purchase of IQ Water; and 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 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, 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 (see Exhibit A, Correspondence from User dated June 4, 2022); and Q 1t WHEREAS, the District is agreeable to amending 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 ofJune 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 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 Amendment No. 1 to the Agreement is replaced in its entirety to revise the termination date of the Agreement as follows: "This Amendment will take effect on October 1, 2020 and will he 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 easements. 5. 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. 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 (Ti t 1 1 E AS TO TI IE DISTRICT: ATTEST: BOARD OF COUNTYcl MISSIONERS • CRYSTAL K..KINZEL Clerk of Courts COLLIER COUNTY, FLO'' DA, AND AS & Comptrol.lo; ` ' '"? ,^ EX-OFFICIO THE GOVFR.NING BODY OF • THE COLLIER COUNTY WATER-SEWER DISTRIC • C' • ,„4 .0‘ y: y. Deputy Clerk.... Attest as to Chairinan' Rick LoCastro, Chairman signature only. Approve as to form and legality: B : Y Scott R. Teach Deputy County Attorney 3 I 1 E Witnesses: AS TO USER Witness (Si mature) —1g1 , Name: (1 'tfw4,t�j By: f^, .,' ?>=p\ Witnes 7 ‘) Printed name and title I m�, Name: f\� .c,\ /-L+<4,r��p '' - State of µ,.,• a County of -1')•.v-�-,A The foregoing Amendment No. 1 to Major User Agreement for Delivery and Reuse of Irrigation Quali (IQ) Water was acknowledged before me this /5- day of J'V , 202fd, by .�//IQL hew no (Name), (Title), on behalf of (USER), who is personally known to me or who has produced (type of identification) as identification. (affix notarial seal) / . l (Signat of Notary Puuiic RY E.REBNORQ a r 6 " Q b'70rd Ai,off, „ MA Natary Public (Print Name of Notary Public) Mlnnenota NOTARY PUBLIC My C amission Wes Jtnu 31,2026 Serial/Commission #:(if any)__20i q7,-.2. 27 My Commission Expires: I- 5/ p25 4 c,a 1 1 E dsitA 0'.°1(& re‘ # 40` * t rat `7,41ed., 7 The Riviera Golf Club/Course LA Minnesota 1,I,C at 48 Marseille Drive Naples, F1 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 48 Marseille Drive • Naples 11,, 34112 • 239-774-2011 • Fav: 239-774-6554 www.rivieragoll.rom CAO INSTR 5212029 OR 5228 PG 2513 RECORDED 12/30/2015 9:37 AM PAGES 18 I 1 E DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC S154.50 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 1 day of 'nor 20/c. by and between Lucky Two Golf, LLC, a Foreign Limited Liability Company, whose malting 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.:o"0,0.,, / , 20A and will be effective through September 30, 2020. RECITALS WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water ,sou� c , Se>ction 403.064, F.S. encourages local governments to implement reuse,,pr'j&et :antf-p' .l& iri nations on deep well injection and other forms of effluent disposaVih District desires to1se,far\itself and make available to the public, IQ Water as an alternatiie,_water.-,resource to be\use l for both irrigation and non irrigation purposes; and, / / 14- '5 \ \ WHEREAS, all wastewater (tre (rrtnt pl nt rr ' ce tf��t Ireu\$e IQ Water or dispose of effluent upon any propert ii __�.be ,p__sty, ..:_uAt er te{' into a binding agreement between the involved partiej., o ensure that co'hstru tiorY Aeration, maintenance, and monitoring of such use meets\t.F @`requirements of Ctl tgi'sA ,00, 62-620 and 62-610, F.A.C.; and, (: �- _ �ti << WHEREAS, the Board of County Comini s�rcker '( 3 r�1�-'1ias 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 Page 1 of 18 oR 5228 PG 2514 1 1 E THEM IN THE DISTRICT IQ WATER POLICY. 3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. The User hereto represents and warrants to the District that the Party or Parties identified herein as the User constitute all persons or entities that are the record owners of the irrigable property described in Exhibit"A,"attached hereto(hereinafter referred to as the"Property"). 4. On June 25, 2013,the Board of County Commissioners (Board) adopted Ordinance No. 2013-48 relating to the production, sale and delivery of IQ Water to Users within the District for the benefit of both the Users and the District,among other provisions. Ordinance No. 2013-48, to include all of its definitions, terms, conditions, obligations and requirements, is hereby incorporaied_..into this Agreement in its entirety by reference. Vii,R CO 5. IQ WATER POLICY. The Boara County Commission Board) has also adopted an IQ Water Policy (Policy); thfatr tay--be supplem.,`ented , nd emended from time to time, which delineates/certain bli ' f9r_proviging IQ Water\Service to include, but not be limited to, def$nitiq' tit; hs,t3rj ti apf rates, and the provision of service. LcJ I� ` � i 6. QUANTITY. ri Bulk Service Customerj User's Allocation based/o?, ;She combination of the availability of the District's iA;W,ater and the IQ Wat r,Appr tjon Rate for the Property as \ J described in Exhibit"A."The U s Allocation,whichthEistrict agrees to make available, and the User agrees to accept, as9d -the rres'of°this Agreement, is calculated as 119,905 gallons per day (gpd). TfiIs-Ail64or.,Jconstitutes 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 oR 5228 PG 2515 I 1 E 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 t(ien-recognized amount determined by the 1QWAR utilization,in exchange for the UseKsytatier user,OtrmItsubstitution or offset credits. For the purpose of the applicatio of!this-f"uture Userpr-it rj, zption,any increase in IQ Water volume for existing Major' Users will be based on the-ar ount of the Major Users' irrigable acres Irrigated With l( Water trr,201, ;._� a 7. TERM. The User agre s t lire ewe frc m, h}� )I Wat r fqr approved uses for a minimum term of fiiv 5 f it ..E a e d f t I reement (or for ( ) _, ��.., �.. � _., 1� such other Initial term as m 9, determined by the ttstrictIto pfr)ttde for the expiration of • the first five-year term wIs Agreement to colOrlefruilkifie'expiration of all other initial five-year Major Use<lfgr\eements), and which ri; be renewed for successive five (5) year terms upon the niutGj 'agreement of both,P,`iti,es. Within no less than one hundred eighty (180) days and'-n tir it 1 licee'huntlred sixty five (365) days from the end of the initial five(5)year teirirror-that khert--turrent five(5)year term,the Parties will meet and discuss the terms and conditions for entering into a new Agreement, which will reflect all of the terms and provisions then being incorporated into Like District Major User Agreements. If revisions to the then current standardized Agreement are required, then the User may elect to not enter into a new Agreement with the District at its discretion, If revisions are not required to the then-current standardized Agreement or the Special Provisions, then that Agreement shall automatically renew for a new five year term. 8. IQ WATER DEFINITION. shall mean alternative water resources other than potable water, available to the District and shall include: (a)wastewater that has received the treatment established by the Florida Administrative Code, Rule 62-610.460, currently defined as wastewater that meets, at a minimum, secondary treatment and high-level disinfection 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 13 �� OR 5228 PG 2516 1 1 E 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._conveyed facilities, whereby the District will agree to repair any facilities conveyetcUiR he' lgr1t at break down or otherwise fail to function as intended, when,tfa ;ca se o`Tthe faitute `of be directly attributed to an act or acts caused solely ithe user or its agents. The,JOsir'fct will also provide the User all District easements necessary,-for-the-User's maintenance of the conveyed facilities. 10.DELIVERY OF IQ WATER. / a er—de � s t;'Will'Sneet applicable state, federal and local regrjirerit'ents at h O' Dlstrj rn �laa Ee Points. The District will not provide any addition lrw teihta0 . atrpe,t the,..>i.igateir•heyond the compliance points located at thew ter reclamation facilitie . NI) warha r ies or guarantees are made by the District wf ;repect to IQ Water c iracteriSti s,;after its discharge from the water reclamation f� itiL4. The District will hdt,be' eld'liable for any damage or harm to persons, property o(ypetation resulti 3 fr ,jhe application of District IQ Water by the User. Or, C1 . 11.METERS. All connections to the IQ Water system shall be metered in accordance with Ordinance No.2013-48,as amended. 12.DI5TRICT 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 15.USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF DELIVERY. Except to the extent, if any, clearly and expressly specified in the special provisions paragraph in this Agreement to the contrary, the User shall take full responsibility for the design, construction, permitting, financing, compliance, operation, maintenance, and repair of the IQ water system downstream of the POD as outlined in Ordinance No. 2013-48. All User-owned pump stations must be equipped to automatically shut down due to low pressure or lack of flow. The District shall not be liable for User equipment failure or any damage due to low pressure or lack of flow. The User shall post IQ Water advisory signs as described in Section 62-610.468 F.A.C. Residential, industrial, and commercial users.shiall post, maintain, and replace signage at all community/facility entrances,. os,a fa it e)(and water features.Golf courses shall post, maintain,and replace:si n;iv J attfie storage�fadif#ies,,water features, and either at J rf the first and the tenth tee o -score cards,at the UseF, 4 p'tion. /� i 16. USER RESPONSIBILITY TO CPN\EY"E sEME�VTS' `a IQ WATER FACILITIES TO DISTRICT. • Upon the request frgm ,e r t3 tt gr,1 ' u 5sor and/or assigns, shall convey to District an anda� utityjan /dr aces see;ts necessary for IQ water • distribution on their e e051 k9,kcfstriEj tf e D Ail Isueh documents shall be prepared, reviewed r f'processed in.accor-ain a with th ptovisions of Ordinance No.2004-31,as arnend cdinance No.2013-48. d recoidtd/as set forth herein. �j _ 17.CONSERVATION. User shah\nn14e,,all reasonable effgrt§ t6 conserve IQ Water. The User shall ensure that the''User'a�}tpployee `kctititraCtors, agents, residents, and invitees are informed about the rmpbt-tiande__bt'rater conservation by implementing an educational program. 18. INDEMNIFICATION AND HOLD HARMLESS. (i) Upon a finding through a production of competent evidence that: (a)the District has not placed anything either into or onto the User's property without the User's written consent, and (b) the User is responsible for injury to persons on, or damages to the property of the District, the User indemnifies and holds the District harmless from and against all liabilities,claims,damages, expenses, or actions, either at law or equity,caused or incurred as the result of the negligence,omissions or willful acts of the User, its agents, employees, residents,guests, or invitees, whose acts or omissions for which the District may be held liable during the District's performance of this Agreement; to specifically include any cross connections made by the User, including, but not limited to: between potable water, IQ water, surficial water and any other additional or supplemental water sources. User acknowledges that IQ water, due to its chemical composition, may not be 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 5of18 v'�j oR 5228 PG 2518 1 1 E local requirements at the District's Compliance Points. • (ii) Upon a findingthrough the production of competent evidence that: (a) the User has not pia.Ced anything either into or onto the District's property or the District's easements for its reuse water delivery system without the District's written consent and the placement caused the alleged damage, and (b) the District is responsible for injury to • persons on, or damages to the residential or commercial property of the User as the • result of the negligence, omissions or willful acts of the District's employees, agents or other entities otherwise engaged by the District to develop, install, operate, manage or maintain the District's reuse water system on the User's property; the District, expressly without waiving any of its rights to sovereign immunity, and then only to the extent permitted by Florida law, in particular, Section 768.28, Florida Statutes, hereby indemnifies and holds the User harmless...from-and,against all liabilities, claims, damages, expenses, or actions, either at vd'oi� it}�,ifa"ed'or incurred as the result of the negligence, omissions or wil(fu- sty 4f the Districk�f °gents employees, residents, guests, or invitees,whose aEtsorfimissions for which tli"e;t .s t,may be held liable during the User's performance oithisAgreeme-nt,___The District Will not be held liable for any • • consequential damages as the result its,la ul activities irr providin IQ Water to _, +Nf g any Users. �'`— (iii) For the purpose of !oth',pr~o`ris}Srts, a Fii4,bove if ieifia es cannot resolve any • dispute between them Vivffh their own representd'fjves, rmal7n, dies with a Florida Certified Mediator shall b' �e by the Parties with- h par ring one-half(1/2)of the expenses of the Mediator 1e'ced by and accepfaale,,to,:bofh Parties. If mediation between the Parties is unsI ftl,,..both . Navdil themselves of all other available remedies at law and in e uifj.�j, �.I� � ��/ 19.CROSS CONNECTIONS PROHIBITED. On all properties where IQ Water service is provided, the public water supply shall be protected by an approved backflow protection device as specified in Ordinance No. 1997-33,as amended. • To determine the presence of any potential hazards to the District's potable or IQ Water Systems, the District shall have the right, but not the duty, to enter upon the premises and operate the private system of any User receiving IQ Water for the purpose of performing cross connection inspections. • If a cross connection is found on a User's property, the District will immediately suspend IQ Water service pursuant to the provisions of Collier 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 bJ Page 6 of 18 11E OR 5228 PG 2519 1 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 bVater 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 attar s(cdfiftectAtop inspection performed at each internal service connection priori „Chrfufu�e Agreei efi�� enewal.At the end of the five year term, one hundred per 4f all potable and IQ'in(tter\service connections shall have been inspected. The,/esu scofthe-.c*oss connection inspections must be submitted to the District by the Usei within thirty. ay5..of-insie ion. A \the`time of the Agreement Renewal,the User is reiire,f( i ss connection inspections. The service connectionstthab` e uire ns e ti nh _Jilst d'iiYE' ibii"C." Additional cross connections inspections�l tea .k a) 4t4mine' b t istrict when additional service connections are rInad or cross connections�.are fo grid I 20. RATE TO BE CHARGED FOl 1, ,WATER. For having•�avIltkff'irrd/or furnishiri th -lQ Water,the District shall ch4rge;'and User shall pay,.t`e rates and charges as defined in Ordinance No.2001-73,as am0nde :,---- --- - �'4;�,,F ‹.7 it CIN�c- The User is receiving Bulk Service under this Agreement. Bulk Service will be billed by the District as being the greater of either: Wthe 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 5Page 7 of 18 1 1 E OR 5228 PG 2520 I 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-(a'tceVctronk writing is acceptable), and in the event of an immediate emerge eptt c. . o c, ay'cpe,,by telephone with subsequent written confirmation.Emergegds-fhall include,butno6e limited to,the following: (a) Climatic conditibns;sutkt A hurricanes;-floods,\or nseasonably excessive rainfall that makes't im ossibet.fot er to accept ICE Water. I ( � '�hh1 (b) Short term equipert o �m t ri ap e, ak ng i it l mpossible for User to � r r 1 �, store or dlstri ttte�Ae �tlate —._3 , .i Cr a U. i r, i ' i ... (c) An act of God tLi'aC.rlgakes it impossible' � ser,.�r�'accept, store or distribute the IQ water. \.''�`N., ''`)',�,�' `\t'i ,.--•.'� 24. DISTRICT EMERGENCY SITUATIONS. e sp) t :-rrfay temporarily cease IQ Water Delivery in anticipation of a major storm event. This emergency situation shall not relieve the User from payment for that period of time. 25. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The District shall not be held liable by the User for failure to deliver IQ Water if certain situations preventing delivery exist that are beyond the reasonable control of the District. Such situations include,but are not limited to,the following: (a) Unavailability of I Q Water due to a loss or lack of influent to the water reclamation facilities due to a collection system failure or a reduction of wastewater influent flow beyond the anticipated low flow periods. (b) Unavailability of 1 Q Water due to a process failure. (c). Non-compliant IQ Water,making it unusable for approved uses. (d) Equipment or material failure in the IQ Water delivery system,including storage and pumping. ��'Page 8 of 18 OR 5228 PG 2521 I 1 t (e) IQ Water treatment facility repair or maintenance. t (f) An act of God that makes delivery of IQ Water by the District not feasible or impossible. ils (g) Unusual climatic conditions such as hurricanes, floods, or unseasonably excessive rainfall that makes it not feasible or impossible for the District to j deliver IQ Water. In the instance of Force Majeure or other situations limiting IQ Water availability, the ;i District has the right to interrupt service per District operating protocols. Users directly impacted by a specific event;such as interruption of ail Users downstream of IQ Water :` main break will be interrupted as neede �j I tthe event of limited 1Q Water availability, Bulk Users will be uniformly interrupt fit: y=a fsr' 'r�atapercentage of their Allocation. 26. NOTICES.Any notice, regilest,demand,instruction or other communication to be given i to either party hereunder shalltbe in writing sent electronically with a request for confirmation or receipt,or ii .fa mile. h Automated confirmation of receipt or hand orjr� delivery by a private ; r'd,br'bartified United States mail, return receipt requested,postag4r a_yiko rsb ai- eliveiy addressed as follows: 4 USER: DIS1 Ud `'� Lucky Two Golf,LLC Wa water f ctor ; One Shannon Drive �� 4370 Mejr trtlle Ave. Hastings,MN 55118 --___._,,,.Naples, ,34104 liE ( t f ffi With copies to:; f�- (--,-1-' 3 �/E/ G., (--,-1-' Office of the Collier County Attorney ¢5 f&rs e,//a /�! 3299 Tamiami Trail E.,Suite 800 /1) 1F. c FL,. w/2 Naples, FL 34112 The addessees, 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. .1 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 mall 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 1 I E notified in the event of an emergency or District's inability to deliver IQ water are: NAME, PHONE, EMAIL ADDRESS; 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 hange._i representative. User may change its representative by providing gtlie(t ,f iet to become effective upon acknowledgement by Distri t:0\- V -" The District representatives 4 Yhali bt notified Lathe evet o'f,an emergency are: Irrigation Quality Ma ger,`k paste ater Department, (239) 252-2600 28. USE OF IQ WATER. (i)The User hereby affirms tfrat it has read,,i,inderstands and will fully comply with the terms, arlditions, requirements'A I Golligiattoiltis of Ordinance No. 2013- 48 for the receipt of Di etIQ Water; and (ii) theAlaer,''shall accept the IQ Water delivered by the District ahQ suit,only for_apprined.uses on the User's Property pursuant to all applicable local,-Statkitipthrid40eN 14laons. 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 V�� OR 5228 PG 2523 1 1 E • 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 ln(thbyit(3Q),days)to cure the default. If the default is not timely cured, tbe`r Ve aultm-g-pate notify the defaulting party in writing that it has elected%t041rfriinate this Agreed n�}'i the event that there is • default under this Agreement tf al_cou1.4 result in immediate harm to the Public's health or safety,the non-defauiting'par r-ntay immedr teY suspenq)itspaerformance under this Agreement to include he Iliiprediate... spe ion-of Jae-d14ery Qf IQ Water if the non- defaulting Party is the Distklct by Vro i ngit e ref) tlr ,fiarty, ith telephonic notice of such suspension fo awl y 'ttt n; ti; e. Aril�` si ch;saa erasion shall continue until such time as the 1efa tiS"turecrert1ie AtreArnenital been,terminated. • 31. ACCESS. User consents t'o tlie"reasonable entry by+ tigOist''r',upon the User's Property • as provided for by Ordinan i p`�013-48. 32. NO THIRD PARTY BENEFICIARIE3:-4.f(t1/Agree e -i s solely for the benefit of the identified Parties hereto, and their succes"sors 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 t;� OR 5228 PG 2524 1 1 E 1 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 -.WITW THE LAND. This Agreement shall be executed in accordance with Florl`a ite4s.t to for it to be recorded in the Public Records of Collier County, Fjo'f4 , t`tla, DistriCrs4,S , nd shall thereby run with the land. Any easement grant by the User and any 3u cestor and/or assigns, or any termination issued herr{under;jsha1l-aIso__be,_recorded in`,the\public Records of Collier County,Florida. 7 'a`" \ The User shall have the it,gh�tto elk trian fer'�c e u ber the Property, except that written notice of an '"pi' dse¢311e.�ri ra`f er s belt/en to the District, as provided for herein, artest thirty (30) days` for o s��It�dr transfer. So long as use of the property ,0jl'substantially continu> i Ire f6,r'fhe purposes intended by this Agreement, anysulfs u\ent partyshall be ob 4 e in'g \ Rg,y c��wnder the same terms and conditions of this Agreei'r\e(Shp niess modified Jy' iitte`n agreement between the District and any successor a /or) .i j--icik'e''fijat five (5) year renewal period after such sale, transfer, or encuntbbrri cee- greement.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 ON,.) OR 5228 PG 2525 I 1 Witnesses: AS TO USER Witness (Signature) th, lam- Name: Patty Roehl Lucky?Two Golf, LLC, a Foreign ited Liabil' y mp Wit ss (Signature) �, _: — _ Teth D. Grund,Managing Member Prin d}�aie and title Name: Valerie . uou;'A ° \)-Y),t,/ \31,1y 0� II C T%.0- ' • • Page 13 of 18 OR 5228 PG 2526 1 A E 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 eacAmtElEhmt381Kgpifx n/a (type of identification) as identification. (affix notarial seal) VGA,_,( 4 .�,+ OLLY LKIEFFER (Signature of Notary Publi ) _ 1 Notary Public t M 0(,ln� i&I f---e.-I" f Muw,esota t pil _ommksbnExpkssJmuu�r9.,2o20; /--( �riri_I e.gf Notary Public) �� Serial/Comifil4in (if any) ,/l1 -{1/ly Commission'Expiees: 1131I2-C 0 7/ ll.ra, L l L � 7� I AS TO THE DISTRICT: /� a1' j �`�- J '\,\\*'5." : '''' ATTEST:'' DWIGHT E,BROCI<)CLE K ~ d EIOAR- f`-DISTRICT COMMISSIO R,COLLIER D1STRTCT, FLORIDA, AS THE GOV R\JING=BODY By: ' '�� • • �:��� OF COLLIER DISTRICT AND EX-OFHCIO THE. ' GOVERNING BOARD OF THE COLS{ER DISTRICT AttAtja ., - WATER-SEWER DISTRICT signat�lreeri�y.;,.;- / <///aote...c_ •,,J,,,,, . - By: T m (kl ex.rtc.al Cai' rrWlair-, roved as to rm nd legality: Name: $4,741- Q. T.act.., Title: De p 41, Gew 4()-0.r, County Attornehorny y Office Page 14 of 18 C,q OR 5228 PG 2527 EXHIBIT A PROPERTY DESCRIPTION The property covered by this Agreement consists of the property occupied by the Riviera Golf Club, highlighted below. The Parcel Identification Number for the property is 70170160004. a.r..w.r.fw.y, .:° '1 p,L ',� • 11...1 :. j.:, •e-. .C.';. :, .. :. 11 1.' r • 'fit LMIV ► I' n;. a. AIsC NI .,„, ✓1•k._ .0. t 1. `�� Y. tas�a. i , r y .-+ 1+'1� EN,. ''';�' sir. 4;4;4.4 ` LI."I A f 1 - i I kris Vt+ ., ..0., PIP' >v v ' � '�`.,;/ ' - i I it ^ a ,'h t'r ;It.at IL ,y, S ..f i!1 + �i 47-1441 %Ot •,•AL„Los h ,+,� ..� • f �L LEAso'E CT ` •1.41k a t '1 y l i -P 4., t. ...t.4 ' d t: / *li cEAIMSPR i. ^�:IIPt: �:fa Ye'i' -` }� ,). Y t t'; i Oollier_County ProoertV Appra e . Na.les, -L. 1 16/20 411:20:• 1 •M ' • Page 15 of 18 9 OR 5228 PG 2528 / co // c—_11 / LL w / ,02 Og /1 0 0 / / o S / z ° _J / z o w _ // n Ob. / 2 , 9? 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H In wa wo } I- a < =� w _- w �i 0w \\ I- O �a < w 0° >. Q J 0 Z m Z I-- 0 WI z9 \ U Of; av \ \ J � SZ F a z Q \ O W Yo \ _ U _ o OZv0 I- I- O U . \ Q inQ w O O W HF- cc FL \ 5 u) Q w c60 -0 ) X cLL.LI-I/ ` 5 ::,° / z / O o Wc9Z,B - bt0z 'az a^f P(1 (I)a.gs) 6MP'9^IO ;IcD oda:nib - 00d :'c:4K2; - 810-£cc- oZ\Q^I0 00 DJain11\810-0£ 5£10ZVM m Page16of18 0 OR 5228 PG 2529 & 1 E 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 (71 (0 C ! � r /C3')/ Page 17 of 18 a� *** OR 5228 PG 2530 *** 1 1 E d 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. 7 4.---Th.—\: -),.7 (77 \\ ri—rii----p, -, , v \ \ ,—, ((\\C .u....,,, i ,...., \r,;,,,,, ......,, \,,, \ rc, ,.0 , „.... „...." ,),,,,„_._ __,-,--„,\,../ 0 Page 18 of 18