Lakewood Community Services Association, Inc. INSTR 51ejuo OR 5192 PG 1954
RECORDED 9/8/2015 10:44 AM PAGES 21
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$180.00
Major User Agreement for Delivery and Reuse of Irrigation Quality(Iq)Water
Lakewood Community Services Association
THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is made and
entered into this ao day of 2015 by and between Lakewood Community Services
Association, Inc., a Florida nonorporation, whose mailing address is ao o Allia
nce
Management, 3806 Exchange Avenue Naples, FL 34104 (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 October 1, 2015 and will be effective through
September 30, 2020.
RECITALS
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; the District desires to use for itself and make available to the
public, IQ Water as an alternative water resource to be used for both irrigation and non
irrigation purposes;and,
WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of
effluent upon any property owned by another party, must enter into a binding agreement
between the involved parties to 'ensure that construction, operation, maintenance, and
monitoring of such use meets the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C.;
and,
WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013-48,
to maintain compliance with District Wastewater Reclamation Facility operating permits,
applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy and
allow for optimization of the District's IQ Water System;and,
WHEREAS, the Board has also adopted an iQ Water Policy, as it may be supplemented and
amended from time to time, which is intended to provide beneficial public use of IQ Water by
ensuring the optimum utilization of the District's limited water supplies; and,
WHEREAS, the District agrees to deliver iQ water and the User agrees to receive, accept, and
beneficially reuse iQ water upon the lands described In Exhibit "A" and in accordance with the
terms, conditions and responsibilities of this Agreement.
NOW, THEREFORE,the Parties agree as follows:
1. RECITALS. The recitals above are true and correct and are hereby incorporated into and
made a part hereof.
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SCANNED
� iiIi5
2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO
THEM IN THE DISTRICT IQ WATER POLICY.
3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. Except as outlined in
Appendix D,Special Provisions, User hereto represents and warrants to the District that
the Party or Parties identified herein as the User constitute all persons or entities that
are the record owners of the irrigable property described in Exhibit "A," attached
hereto (hereinafter referred to as the "Property").
4. On June 25, 2013, the Board of County Commissioners (Board) adopted Ordinance No.
2013-48 relating to the production, sale and delivery of IQ Water to Users within the
District for the benefit of both the Users and the District, among other provisions.
Ordinance No. 2013-48, to include all of its definitions, terms, conditions, obligations
and requirements, is hereby incorporated into this Agreement in its entirety by
reference.
5. 10 WATER POLICY. The Board of County Commissioners (Board) has also adopted an
IQ Water Policy (Policy), that may be supplemented and amended from time to
time, which delineates certain policies for providing IQ Water Service to include, but
not be limited to, definitions, levels of service, application of rates, and the provision
of service.
6. QUANTITY.
Pressurized Service Customers: the User's anticipated usage is based on the 10 Water
Application Rate for the Irrigable Property described in Exhibit "A" and is calculated as
400,000 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.
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);
except for reclaimed water needed for water reclamation facility treatment processes,
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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 10 Water Application Rate of the then recognized amount determined by the IQWAR
utilization, in exchange for the User's water use permit substitution or offset credits. For
the purpose of the application of this future User prioritization, any increase in IQ Water
volume for existing Major Users will be based on the amount of the Major Users'
irrigable acres irrigated with IQ Water in 2012.
7 TERM. The User agrees to receive from the District, 1Q Water for approved uses for a
minimum term of five (5) years from the effective date of this Agreement (or for such
other initial term as may be determined by the District to provide for the expiration of
the first five-year term of this Agreement to coincide with the expiration of all other
initial five-year Major User Agreements), and which may be renewed for successive five
(5) year terms upon the mutual agreement of both Parties. Within no less than one
hundred eighty (180) days and no more than three hundred sixty five (365) days from
the end of the initial five (5) year term or the then-current five (5)year term,the.Farties
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.
9. POINT OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013-48 and located
at:
Lakewood Blvd. Assembly-at the downstream buried flange of the meter assembly.
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Beechwood Lake Drive Assembly-where the IQ main serving the meter assembly
intersects the eastern right-of-way line of Beechwood Lake Drive
Winter Park Assembly- at the downstream buried flange of the meter assembly
Tennis Courts Assembly-where the IQ main serving the meter assembly intersects the
eastern right-of-way line of Lakewood Blvd.
and further identified in Exhibit "B."
In the event that an existing Point of Delivery (POD) is being relocated and the District
will be relinquishing ownership and maintenance responsibility of any facilities, the
District agrees to provide to the User of any such conveyed facilities, a 5-year warranty
commencing from the date this Agreement is executed by the Parties, to offset any
direct expenses that the User may incur as the result of the permanent assumption of
the ownership and maintenance of the conveyed facilities, whereby the District will
agree to repair any facilities conveyed to the User that break down or otherwise fail to
function as intended, when the cause of the failure cannot be directly attributed to an
act or acts caused solely by the User or its agents. The District will also provide the User
all District easements necessary for the User's maintenance of the conveyed facilities.
10.DELIVERY OF IQ WATER. All IQ Water delivered to User will meet applicable state,
federal and local requirements at the District's Compliance Points. The District will not
provide any additional wastewater treatment to the IQ Water beyond the compliance
points located at the water reclamation facilities. No warranties or guarantees are
made by the District with respect to IQ Water characteristics after its discharge from
the water reclamation facilities. The District will not be held liable for any damage or
harm to persons, property or vegetation resulting from the application of District IQ
Water by the User.
11.METERS. All connections to the 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.
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14.USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT
own, operate, maintain or change or modify any part of the District's infrastructure.
However, the User is responsible for landscape maintenance such as mowing and
tree trimming around the District owned infrastructure on the User's property.
15.USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF DELIVERY. Except to the
extent, if any, clearly and expressly specified in the special provisions paragraph in this
Agreement to the contrary, the User shall take full responsibility for the design,
construction, permitting, financing, compliance, operation, maintenance, and repair
of the IQ water system downstream of the POD as outlined in Ordinance No. 2013-48.
All User-owned pump stations must be equipped to automatically shut down due to
low pressure or lack of flow. The District shall not be liable for User equipment failure
or any damage due to low pressure or lack of flow.
The User shall post IQ Water advisory signs as described in Section 62-610.468 F.A.C.
Residential, industrial, and commercial users shall post, maintain, and replace signage at
all community/facility entrances, storage facilities, and water features. Golf courses shall
post, maintain, and replace signage at the storage facilities, water features, and either at
the first and the tenth tee or on score cards, at the User's option.
16. USER RESPONSIBILITY TO CONVEY EASEMENTS FOR IQ WATER FACILITIES TO DISTRICT.
Upon the request from the District,the User, its successors and/or assigns, shall convey
to District any and all utility and/or access easements necessary for IQ water
diqi itbution on their premises, at no cost to the District. All such documents shall be
prepared, reviewed and processed in accordance with the provisions of Ordinance No.
2004-31, as amended, Ordinance No. 2013-48 and recorded as set forth herein.
17. CONSERVATION. User shall make all reasonable efforts to conserve IQ Water. The
User shall ensure that the User's employees, contractors, agents, residents, and
invitees are informed about the importance of water conservation by implementing
an educational program.
18. INDEMNIFICATION AND HOLD HARMLESS.
( i ) Upon a finding through a production of competent evidence that: (a) the District has
not placed anything either into or onto the User's property without the User's written
consent, and (b) the User is responsible for injury to persons on, or damages to the
property of the District, the User indemnifies and holds the District harmless from and
against all liabilities, claims, damages, expenses, or actions, either at law or equity, caused
or incurred as the result of the negligence, omissions or willful acts of the User, its agents,
employees, residents, guests, or invitees, whose acts or omissions for which the District
may be held liable during the District's performance of this Agreement; to specifically
include any cross connections made by the User, including, but not limited to: between
potable water, IQ water, surficial water and any other additional or supplemental water
sources. User acknowledges that (Q water, due to its chemical composition, may not be
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compatible with the Users' irrigation of certain susceptible vegetation. User agrees that
District will not be held liable for any damages that may occur to vegetation or for any
other damages that may occur due to the use of IQ water by the User provided that the
quality of the IQ Water that is delivered to the User meets all applicable state, federal and
local requirements at the District's Compliance Points.
(ii) Upon a finding through the production of competent evidence that: {a) the User has
not placed anything either into or onto the District's property or the District's easements
for its reuse water delivery system without the District's written consent and the
placement caused the alleged damage, and (b) the District is responsible for injury to
persons on, or damages to the residential or commercial property of the User as the
result of the negligence, omissions or willful acts of the District's employees, agents or
other entities otherwise engaged by the District to develop, install, operate, manage or
maintain the District's reuse water system on the User's property; the District, expressly
without waiving any of its rights to sovereign immunity, and then only to the extent
permitted by Florida law, in particular, Section 768.28, Florida Statutes, hereby
indemnifies and holds the User harmless from and against all liabilities, claims, damages,
expenses, or actions, either at law or equity, caused or incurred as the result of the
negligence, omissions or willful acts of the District, its agents, employees, residents,
guests, or invitees, whose acts or omissions for which the User may be held liable during
the User's performance of this Agreement. The District will not be held liable for any
consequential damages as the result of its lawful activities in providing IQ Water to any
Users.
(iii) For the purpose of both.provisions (i) and (ii) above, if the Parties cannot resolve any
dispute between them with their own representatives, formal mediation with a Florida
Certified Mediator shall be held by the Parties with each party bearing one-half(Y2) of the
expenses of the Mediator selected by and acceptable to both Parties. If mediation
between the Parties is unsuccessful, both Parties may avail themselves of all other
available remedies at law and in equity.
19. CROSS CONNECTIONS PROHIBITED. On all properties where 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
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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 an estimated 758 cross connection inspections. The service
connections that require inspections are listed in Exhibit "C." Additional cross connections
inspections may be required ar. determined by the District when additional service
connections are made or cross connections are found
20. RATE TO BE CHARGED FOR IQ WATER. For having available and/or furnishing the IQ
Water, the District shall charge and User shall pay the rates and charges as defined in
Ordinance No.2001-73, as amended.
The User is receiving Pressurized Service under this Agreement.
Pressurized Service will be billed by the District as the actual metered IQ Water delivered
at the User's POD in addition to the service availability charge. Users with Pressurized
Service may be subject to future conservation rates.
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 invoice.
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22. UNPAID FEES CONSTITUTE A LIEN ON USER'S PROPERTY. The User acknowledges and
agrees that in the event that any fees, rates, or charges for the IQ Water Service and
facilities provided for under this Agreement are not paid and become delinquent, any
unpaid balance and all interest accruing thereon shall constitute a lien on the User's
property pursuant to Section 10 of Ch. 2003-353, Laws of Florida, the "Collier County
Water-Sewer District Special Act" (the"Act").
23. USER EMERGENCY SITUATIONS. In the event of an emergency as defined in this
Paragraph 23, the User shall notify any of those District representatives set forth herein
and request that the supply of IQ Water temporarily cease. Such notice shall be made in
writing where circumstances permit (an electronic writing is acceptable), and in the event
of an immediate emergency, such notice may be by telephone with subsequent written
confirmation. Emergencies shall include, but not be limited to,the following:
(a) Climatic conditions such as hurricanes, floods, or unseasonably excessive rainfall
that makes it impossible for User to accept IQ Water.
(b) Short term equipment or material failure, making it impossible for User to store or
distribute the IQ Water.
(c) An act of God that makes it impossible for User to accept, store or distribute the IQ
water.
24. DISTRICT EMERGENCY SITUATIONS. The District may temporarily cease IQ Water Delivery
in anticipation of a major storm event.This emergency situation shall not relieve the User
from payment for that period of time.
25. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The District shall not be
held liable by the User for failure to deliver 10 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 I Q Water due to a process failure.
(c) Non-compliant IQ Water, making it unusable for approved uses.
(d) Equipment or material failure in the IQ Water delivery system, including storage and
pumping.
(e) IQ Water treatment facility repair or maintenance.
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,,L
(f) An act of God that makes delivery of IQ Water by the District not feasible or
impossible,
(g) Unusual climatic conditions such as hurricanes, floods, or unseasonably excessive
rainfall that makes it not feasible or impossible for the District to deliver IQ Water.
In the instance of Force Majeure or other situations limiting IQ Water availability, the
District has the right to interrupt service per District operating protocols. Users directly
impacted by a specific event; such as interruption of all Users downstream of IQ Water
main break will be interrupted as needed. In the event of limited IQ Water availability,
Bulk Users will be uniformly interrupted by a pro-rata percentage of their Allocation.
26. NOTICES. Any notice, request, demand, instruction or other communication to be given
to either party hereunder shall be in writing sent electronically with a request for
confirmation or receipt, or by facsimile with automated confirmation of receipt; or hand
delivery by a private service; or by registered or certified United States mail, return
receipt requested, postage prepaid; or personal delivery addressed as follows:
USER: DISTRICT:
Lakewood Community Services Association, Inc Wastewater Director
c/o Alliance Management 4370 Mercantile Ave.
3806 Exchange Avenue Naples, FL 34104
Naples, FL 34104
With copies to:
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.
27. NOTIFICATION IN EVENT OF EMERGENCY. The User's representative who shall be
notified in the event of an emergency or District's inability to deliver 10 water are:
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NAME, PHONE NUMBER AND EMAIL ADDRESS
Richard Knoll, Property Manager
0: 239.331.3772 M: 239.285.5997
RBKnoll @alliancemgmt.com
The District shall attempt User notification by telephone or email stating the nature of the
emergency and the anticipated duration of the service interruption if the
interruption is expected to exceed 72 hours. It is the responsibility of the User to provide
written notification to the District of a change in representative. User may change its
representative by providing written notice to District to become effective upon
acknowledgement by District.
The District representatives who shall be notified in the event of an emergency are:
Irrigation Quality Manager, (239) 252-6284; AND On Call Wastewater Department, (239)
252-2600
28. USE OF IQ WATER. (i) The User hereby affirms that it has read, understands and will fully
comply with the terms, conditions, requirements and obligations of Ordinance No. 2013-
48 for the receipt of District 10 Water; and (ii)the User shall accept the IQ Water delivered
by the District and use it only for approved uses on the User's Property pursuant to all
applicable local, State, and Federal regulations.
29. CHANGES IN LAW/EXCUSE FROM PERFORMANCE.
(I) This Agreement will be governed for this initial five (5) year term by the provisions of
Collier County Ordinance No. 2013-48 as adopted on June 25, 2013.
(ii) During the term of this Agreement, if there are any amendments, revisions or changes
made to any relevant provisions of federal, state or other local laws, rules or regulations
that negatively affect either of the Parties' ability to perform its respective duties or
obligations, or obtain the reasonably backed financial benefits expected under this
Agreement, then within ninety (90) days following the final adoption of such new law, rule
or regulation, the Parties will meet and conduct good faith discussions and negotiations
with respect to resolving the effected Party's adverse impact to include a mutually
agreeable termination of the Agreement, if warranted.
(iii) If for any reason during the term of this Agreement, any State or Federal governments
or agencies shall fail to issue necessary permits, grant necessary approvals, or shall adopt
any laws or rules that will require any change in the operation of the treatment,
transmission, and distribution systems or the application and use of IQ water, then to the
extent that such requirements shall affect the ability of any Party to perform any of the
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LT
terms of this Agreement, the affected Party shall be excused from the performance
thereof and the Parties hereto in conformity with such permits, approvals, or requirements
shall negotiate a new Agreement if practicable.
(iv) However, nothing shall require User or District to accept any new or renewal
agreement if it substantially adds to the District's or the User's obligations or
responsibilities duties, obligations, and expenditures hereunder.
30. RIGHT TO TERMINATE. In the event of a default under this Agreement, the non-defaulting
party shall provide the defaulting party written notice of the default. The defaulting party
shall be given a minimum of thirty (30) days or such other reasonable time period (if the
default cannot be cured in thirty (30 ) days) to cure the default. If the default is not
timely cured, the non-defaulting party may notify the defaulting party in writing that it
has elected to terminate this Agreement. In the event that there is default under this
Agreement that could result in immediate harm to the Public's health or safety,the non-
defaulting party may immediately suspend its performance under this Agreement to
include the immediate suspension of the delivery of IQ Water if the non-defaulting Party
is the District, by providing the defaulting Party with telephonic notice of such suspension
followed up by written notice. Any such suspension shall continue until such time as the
default is cured or the Agreement has been terminated.
31. ACCESS. User consents to the reasonable entry by the District upon the User's Property
as provided for by Ordinance No. 2013-48.
32, NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the identified
Parties hereto, and their successors in interest, or assigns, and no right"or cause of
action shall accrue upon or by reason hereof, to or for the benefit of any third party not a
Party hereto.
33. SEVERABILITY. If any court of competent jurisdiction finds that any part of this Agreement
is invalid or unenforceable, such invalidity or unenforceability shall not affect the other
parts of this Agreement if the rights and obligations of the Parties contained therein
are not materially prejudiced and if the intentions of the Parties can continue to be
effected. To that end, this Agreement is declared severable.
34. LAND USE APPROVALS. This Agreement shall not be construed as a basis for
granting, assuring, indicating, denying, refusing to grant or preventing any future grant
of land use zoning approval, permissions, variances, special exceptions or any other
rights with respect to the real property in the approved uses area, so long as those
approvals do not render this Agreement null and void, and/or negatively impact the IQ
use by the User.
35. APPLICABLE LAW. This Agreement and the provisions contained herein shall be
construed, controlled, and interpreted according to the laws of the State of Florida,
Florida Administrative Code, Collier County Ordinances, and the IQ Water Policy, as they
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may be amended or replaced from time to time.
36. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this
Agreement is prohibited without prior written consent of the District. Any attempt by
User to assign or otherwise transfer this Agreement off the Property shall be deemed to
be null and void.
37. BINDING EFFECT. This Agreement shall be binding upon the Parties hereto, their
successors and assignees.
38. RECORDATION; AGREEMENT RUNS WITH THE LAND. This Agreement shall be executed
in accordance with Florida Statutes to allow for it to be recorded in the Public Records of
Collier County, Florida, at the District's cost, and shall thereby run with the land. Any
easement granted by the User and any successor and/or assigns, or any termination
issued hereunder, shall also be recorded in the Public Records of Collier County,Florida.
The User shall have the right to sell, transfer, or encumber the Property, except that
written notice of any proposed sale or transfer must be given to the District, as provided
for herein, at least thirty (30) days prior to sale or transfer. So long as use of the
property shall substantially continue to be for the purposes intended by this
Agreement, any subsequent party shall be obligated under the same terms and
conditions of this Agreement unless modified by written agreement between the
District and any successor and/or assigns. At the first five (5) year renewal period after
such sale, transfer, or encumbrance, the Agreement must be renewed with the
successor and/or assigns, or IQ Water service will be discontinued.
39. ENTIRE Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to the subject matter referenced herein. Any amendment hereto
shall be in writing duly executed with the same formalities as this Agreement by the
Parties hereto, or their successors in interest to the Property. Each amendment shall
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.
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Witnesses: AS TO USER
`Witness (Signature)
Name: ')/,"7/Cf7/9E %)7/6,9/1)
Lakewood Community Services
Association, Inc., a Florida non-profit
corporation
By:
W ness (Sign re) SVA) bl7Tf/JAu. —) ,E5io S;Vi
Printed name and title
Name: '4u''v /`1014
Page 13 of 21aj)
State of • L,
County of T
The foregoing Major User Agreement for Delivery and Reuse of Irri ation Quality (IO) Water
wa acknowie ged before me this day of , 2015, by
4 ,u, _(Name), K,wn-.OL.a•,.,:./- (Title), on behalf
of Lakewood Community Services Association, a Florida non-profit corporation (USER), who is
personally known to me or who has produced (type of identification)
as identification.
(affix notarial seal)
—igrypture of Notary Public)
/60./kbonqa_ 4. -eno
r�dbad,, `BARBARA AIL _
w-, (Print Name of Notary Public)
rirlA Notar y PuOt FloriQa My Comm.Expires Nov 9,2016 NOTARY PUBLIC
Al Commission EE 848577
°'s Bonded Through National Notary Assn. Serial/Commission #:(if any)
My Commission Expires:
AS TO THE QI I.CT:
"
ATTEST:
DWkGHT, E. BROCICV.ERK BOARD OF DISTRICT COMMISSft J€R, COLLIER
(� '` DISTRICT, FLORIDA, AS THE GOVERNENG BODY
By: l � .�"►, -� , OF COLLIER DISTRICT AND EX-OFI`CIO THE
►' ,,K GOVERNING BOARD OF THE COL-Bpi. ISTRICT
Attest as to Chairman's. WATER-SEWER DISTRICT
signature only.,
By: 1TIM NA E, CHAIRMAN
Approved as to form and legality:
i? L
Name: 5 $t- 12.
Title: r re p,,, t_, yq 1J�•.,
County Attorney Office • 7i
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Page 14 of 21
EXHIBIT A
PROPERTY DESCRIPTION
The property covered by this Agreement includes all of the properties referred to in the
Declaration of Convenants, Conditions and Restrictions for the Lakewood Project,as recorded
in the Office of the Clerk of the Circuit Court in Official Records Book 581, Page 692 et seq.,
public records of Collier County, Florida, and all amendments thereto. The property excludes
the area of the Lakewood Country Club of Naples, Inc. and the area of the golf course
currently or formerly known as Evergreen Golf and Country Club. The outline of the area is
shown below.
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EXHIBIT B
POINTS OE DELIVERY
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GRAPHIC SCALE.
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SC—TWN—RGE: _ 930 Encore wily 'PROJECT 140.
13-50-25 Nd FL. 34110 LAKEWOOD COMMUNITY 14.546
" 11/2°/14 Phone: 239) 254-2000
HOB fvloNTES a Cerlfffoafe of BEECHWOOD ASSEMBLY RcE N0
CHEMED A *RAVING 042 am:�sa 1aa s: PS Authortanfon Na1772 EXHIBIT "B" BEECH Exe
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EXHIBIT B
POINTS OF DELIVERY
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�. EXHIBIT 8
, ., / POINTS OF DELIVERY
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OF NAPLES INC
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SEC-nW+-RGE: 950 Enoon 1N
Wall iiiiRMII 13-50-25 Ian lo•. FL 34110 LAKEWOOD COMMUNITY 14.546 1
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HOLE MONTES nod TENNIS CENTER EXHIBIT "B" ,-;a.,
e—;aw Au{AorizaBon No.1772 LAKEWOOD MIN,I
EXHIBIT C
CROSS CONNECTION INSPECTIONS REQUIRED
Address Range Number of Structures
4300 to 4525 Beechwood Lake Drive 86
4490 to 4577 Beechwood Lake Drive N 36
3058 to 3665 Boca Ciega Drive 101
203 to 239 Charity Court 10
4576 to 4654 Chippendale Drive 35
101 to 141 Debron Drive 20
204 to 241 Dent Drive 21
4550 to 4599 Eagle Key Circle 24
3755 to 4010 Estero Bay Lane 28
4601 to 4610 Evergreen Lake Road 6
402 to 431 Glades Blvd. 16
4000 to 4060 Ice Castle Way 11
4230 to 4270 Jack Frost Court 6
4000 to 4829 Lakewood Blvd. 192
501 to 560 Landmark Drive 22
4613 to 4617 Long Key Court 2
4040 to 4220 Looking Class Lane 19
400 to 421 Marathon Court 6
304 to 314 Nason Lane 4
4000 to 4090 Northlight Drive 12
343 to 397 Palm Drive 7
104 to 128 Payne Court 7
401 to 433 Pine Lake Drive 12
302 to 331 Reynolds Court 16
102 to 195 Round Key Circle 49
108 to 116 Short Court 3
500 to 525 Whitewater Way 7
Tota I
(Note:this quantity may vary based upon field conditions and the concurrence of the
District as long as all connections to the potable water system are subjected to a
cross connection inspection) 758
Page 20 of 21
A
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.
**NEW** 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#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initia's Date
1. Scott R. Teach, Deputy County Atty. County Attorney SRTI n)7/h County Attorney Office 1
2. BCC Office Board of County b _
Commissioners V'V1 / < SXA\�5
3. Minutes and Records Clerk of Court's Office
q.(el(t5 2.55pM
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 Toni A.Mott Phone Number 239-252-8780
Contact/ Department
Agenda Date Item was 6/25/2013 Agenda Item Number 17H ✓'
Approved by the BCC
Type of Document Resolution 2013-140 Number of Original 1
Attached Documents Attached Lakewood Community
Services Association,Inc.
Major User Agreement
PO number or account 414-263614-649030-744012.5.2 RECORDING FORM
number if document is ATTACHED
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is b'es N/A(Not
appropriate. Initial) Applicable)
1. Does the document require the chairman's original signature? AM
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 4 (
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 TAM
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 as stated above and all changes made TAM
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the 6144
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 3.24.05;Revised 11/30/12
EXHIBIT D
SPECIAL PROVISIONS
1. With respect to Paragraph 3 of this Agreement, User does not own most of the property
to be irrigated. However, User agrees to enforce the applicable provisions of this
Agreement with the owners of the property to which it delivers IQ Water and be the sole
point of contact for the District in administration of this Agreement.
Page 21 of 21
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