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Tarpon Cove Community Association, Inc. INS T R 5178604 OR 5200 PG 1258 RECORDED 10/2/2015 8:38 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 Tarpon Cove THIS Major User Agreement for the Delivery and Reuse of la Water (Agreement) is made and entered into this (\''day of , 20 15 by and between Tarpon Cove Community Association, Inc., a Florida non-profit corpo ion,whose mailing address is c/o Towne Properties, 1016 Collier Center Way, Suite 102, Naples, FL 34110(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 s ij it , , 20%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, 1Q 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. 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO Page 1 of 21 Cq 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 incorporated into this Agreement in its entirety by reference. 5. IQ 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 IQ Water Application Rate for the Irrigable Property described in Exhibit "A" and is calculated as 77,578 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 1Q 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, 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. Page 2 of 21 rq 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 10 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 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 I0 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, IQ 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 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. 9. POINT OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013-48 and located at: the downstream buried flange of the IQ meter assembly and further identified in Exhibit "B." Page 3 of 21 0 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 IQ 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. 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. Page 4 of 21 4 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, t h e User, its successors and/or assigns, shall convey to District any and all utility and/or access easements necessary for iQ water distribution 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. ONSERVATION. User shall make all reasonable efforts to conserve 10 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 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 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 Page 5 of 21 �9 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 entitles 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, -esidents, 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 disputa 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 CA) 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 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 Page 6 of 21 r 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 427 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 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. 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 Page 7of21 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 even,: of an immediate emergency, such notice may be Dv telephone \A,rith su2sequent written confirmation. Emergencies shall include, but not :bie limited to, the folloti ing% (a) Climatic conditions such as hurricanes, floods, or unseasonably excessive rainfall that makes it impossible for User to accept 10 Water. (h) 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 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 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. (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 Page 8 of 21 .ri` impacted by a specific event; such as interruption of all Users downstream of 10 Water main break will be interrupted as needed. in the event of limited 10. 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: Tarpon Cove Community Association, Inc. Wastewater Director c/o Towne Properties 4370 Mercantile Ave. 1016 Collier Center Way, Suite 102 Naples, FL 34104 Naples, FL 34110 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 IQ water are: NAME, PHONE, EMAIL ADDRESS; Michael Wentworth Leo Jr. Lawn and Irrigation 0: 239.455.6904 M:239.253.1497 Leojrmike @aol.com Page 9 of 21 Ci;)( 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 Manger, (239) 252-6284; AND On Call Wastewater Department, (239) 252-2600 28. USE OF 10 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 IQ 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 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. Page 10 of 21 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 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. Page 11 of 21 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. Page 12of21 Witnesses: AS TO USER Witness (Signature) Name: V)G ■kt1 Tarpon Cove Community Association, Inc., a Florida non-profit corporation , CL' Byi_.., , ,� r` Witness (Signature) Al4 Gi I h/ Zit/e L- Printed name and title Name: I�.,Jo i() 1Ou,r Page 13 of 21 /A State of r-0._2 i a r•- County c ollsee_ The foregoing Major User Agreement for Deliver s and Reuse of Irrigation Quality IJC0 Vvate; was , ac'mowledmged before inc this & / da\., of /91105r , 2041, bv .706A/ A-. me6-i--zi (Name), kb:-. th.-7,4--- (Title), on behalf of Tarpon Cove Community Association, Inc., a :"--Is,-*da non-profit corporation (USER), who is gessonally known to me or who has produced (type of identification) as identification. , (affix notarial seal) (+71Sig r ofkl.--Notary Public) ,/ _L/ -Fivi...--7 ,%" /714 R/0/A/7: (Print Name of Notary Public) IRENE H.HARRING NOTARY PUBLIC ..A MY COMMISSION#EE 224762 Serial/Commission #:(if any) V..7.,.."1....Ar: 1 EXPIRES,December 14,2016 Bonded Thru Notary Public Undetwtiters My Commission Expires: / -PI-,, ...._ AS TO THE DISTRICT: ATTEST: ,, DWIGHT,,E4R0fAK CLERK BOARD OF DISTRICT COMMISSIONER, COWER DISTRICT, FLORIDA,AS THE GOVERNING BODY By II „,... .;.4./.2,,A54)--POZ - OF COLLIER DISTRICT AND EX-OFRCIO THE, 4 ' CLERK GOVERNING BOARD OF THE CaLL4fR DISTRICT, Attest as to Ctial ,*fl'S WATER-SEWER DISTRICT - - ',-signature only. By `e.,/ : 1-1 IYI Nance-I C..hai rmal) Ap , ved as to fe a d legality: ' LL /.........._ IWT I pr Name: Title: De 6 1441, 6.1,14.4.1 / ki/7".S.AY County Attofneyi0fTiEe 0-- Page 14 of 21 Ili EXHIBIT A PROPERTY DESCRIPTION This Agreement pertains to the subdivision known as Tarpon Cove, as recorded in Plat Book 27, Pages 91-97 in the land records of Collier County. More specifically, the property consists of the Southwest 1/4 of the Northeast 1/4 of Section 16, Township 48 South, Range 25 East, Less the Southerly 70.00 feet thereof, and the North %of the Northeast%of Section 16, Township 48 South, Range 25 East, lying West of the U.S. 41 Right-of-Way, less the Northerly 268.54 feet thereof. 00V3 Page 15 of 21 L.. L L <i x C N z 0 U I- > O -r it 0 0 0< J W M> pj J 0 W L 0 U W r 5.-1 W0 W N 0 W col W 0 0<0 !r 4 ® S. W W - o Q J U 0U I-W U-I F~ \ Z 0 Li..Q 0 W 0 W WJLiJQJ W O Lt..ti0RdWr o I II II II II II H H O z o z p M W a 0 J �� -1 I i(_O a.a ®�` - N N N a 8 }_NM t7 S•�1 w oQro�N V Z \ / 0 ce '4'4k X OW / X00 0 d0 / < N m J aa� —' NZa \ i� � � \ /' // //� I l \i x~'•' zv Qa° a / VIII w IN _ L/ \ wa Li- >-N N r / I X Q� J MZr1 . .i-/ I U wN DP N Ce I �I ¢ � � 0a 7.S. W I.1 w I// I F-m ~N Y °- u) W K m ~ W /"-/� W N N) "'g n7 J U 'WWQ K U d W 74 \ Q Q. woo N Q d < Z O r O UUl \ \ WNM L N U.0 U Z 0 1....1 f� r n U D W Q \ Lai_N N -t W J V \ t O \ p00 �0 J J N =. \ \ W W \ M®M W \ \ o \ m o in o N i. F...cn \ \ ¢ O N N wJ Q U \ Q D a Ud O N tn FG 00 Q 0 U)N w\ \ Q O d N L� 4 O ,_ z < \ \ IX d Z cc a a 0 ILI rnce 2 CO _j CN1\ \ I- 0 F- UN:C0I- \ \ Z � oS 0 ceao= o F- Im- u' w }- ii 0 -I ~U O Z 0 0 U Z `ZZ 6nb pfl (119lgx3 00d) 61r,p•aeo0 uodaol - /ananc asodand o padc - 210-o££5£L oz.\uoitopossy lilunwwo0 a7,o0 uodaol\8lo-o££6£Loz\:M co tt Page 16 of 21 EXHIBIT C REQUIRED CROSS CONNECTION INSPECTIONS Page l of 4 1 785 Carrick Bend OR 41 1890 Carrick Bend OR 81 1849 Carrick Bend OR 2 785 Carrick Bend OR 1 42 1890 Carrick Bend OR 82 849 Carrick Bend CIR 3 785 Carrick Bend OR 1 43 890 Carrick Bend OR P 83 832 Carrick Bend OR 4 785 Carrick Bend OR 44 890 Carrick Bend OR 84 832 Carrick Bend OR 5 785 Carrick Bend CIR I 45 792 Carrick Bend CIR 85 832 Carrick Bend OR 6 785 Carrick Bend OR 46 792 Carrick Bend CIR 86 832 Carrick Bend OR 7 793 Carrick Bend OR 47 792 Carrick Bend OR 87 1914 Carrick Bend OR 8 793 Carrick Bend CIR 48 792 Carrick Bend CIR 88 914 Carrick Bend OR 9 793 Carrick Bend OR 49 792 Carrick Bend CIR 89 914 Carrick Bend OR 10 793 Carrick Bend OR 50 792 Carrick Bend CIR 90 914 Carrick Bend OR 11 793 Carrick Bend CIR 51 905 Carrick Bend CIR 91 857 Carrick Bend CIR 12 793 Carrick Bend OR 52 905 Carrick Bend OR 92 857 Carrick Bend OR 13 817 Carrick Bend OR 53 905 Carrick Bend CIR 93 857 Carrick Bend CIR 14 817 Carrick Bend OR 54 905 Carrick Bend OR 94 857 Carrick Bend OR 15 817 Carrick Bend CIR 55 881 Carrick Bend OR 95 857 Carrick Bend OR 16 817 Carrick Bend CIR 56 881 Carrick Bend CIR J 96 857 Carrick Bend CIR 17 817 Carrick Bend CIR 57 881 Carrick Bend OR 97 784 Carrick Bend CIR 18 817 Carrick Bend CIR 58 881 Carrick Bend CIR 98 784 Carrick Bend CIR 19 801 Carrick Bend CIR 59 946 Carrick Bend CIR 99 784 Carrick Bend CIR 20 801 Carrick Bend OR 60 946 Carrick Bend CIR 100 784 Carrick Bend CIR 21 801 Carrick Bend CIR 61 946 Carrick Bend OR 101 784 Carrick Bend OR 22 801 Carrick Bend CIR 62 946 Carrick Bend OR 102 784 Carrick Bend OR 23 825 Carrick Bend CIR 63 953 Carrick Bend OR 103 921 Carrick Bend CIR 24 825 Carrick Bend CIR 64 953 Carrick Bend CIR 104 921 Carrick Bend CIR 25 825 Carrick Bend CIR 65 953 Carrick Bend CIR 105 921 Carrick Bend CIR 26 825 Carrick Bend CIR 66 953 Carrick Bend CIR 106 921 Carrick Bend CIR 27 808 Carrick Bend CIR 67 858 Carrick Bend OR 107 906 Carrick Bend CIR 28 808 Carrick Bend CIR 68 858 Carrick Bend OR 108 906 Carrick Bend OR 29 808 Carrick Bend OR 69 858 Carrick Bend CIR 109 906 Carrick Bend CIR 30 808 Carrick Bend CIR 70 858 Carrick Bend CIR 110 906 Carrick Bend CIR 31 808 Carrick Bend CIR 71 858 Carrick Bend OR 111 937 Carrick Bend CIR 32 808 Carrick Bend CIR 72 858 Carrick Bend CIR 112 937 Carrick Bend CIR 33 873 Carrick Bend CIR 73 929 Carrick Bend CIR 113 937 Carrick Bend CIR 34 873 Carrick Bend OR 74 929 Carrick Bend CIR 114 937 Carrick Bend CIR 35 873 Carrick Bend CIR 75 929 Carrick Bend CIR 115 882 Carrick Bend CIR 36 873 Carrick Bend CIR 76 929 Carrick Bend CIR 116 882 Carrick Bend CIR 37 930 Carrick Bend CIR 77 849 Carrick Bend CIR 117 882 Carrick Bend OR 38 930 Carrick Bend OR 78 849 Carrick Bend OR 118 882 Carrick Bend CIR 39 930 Carrick Bend CIR 79 849 Carrick Bend OR 119 841 Carrick Bend CIR 40 930 Carrick Bend CIR 80 849 Carrick Bend CIR 120 841 Carrick Bend CIR Page 17 of 21 EXHIBIT C Page 2 of 4 121 841 Carrick Bend CiR 161 1913 Carrick Bend OR 6 20_ 800 Carrick Bend OR .. , 122 841 Ca rick Bend OR 162 1913 Carrick Bend OR 202 800 Carrick Bend OR 123 867 Carrick Bend OR 163 953 Carrick Bend OR 203 800 Carrick Bend OR 124 867 Carrick Bend OR 164 954 Carrick Bend OR j 204 800 Carrick Bend OR 125 867 Carrick Bend CIR 165 945 Carrick Bend OR 205 800 Carrick Bend OR 126 867 Carrick Bend OR 166 946 Carrick Bend OR 206 800 Carrick Bend OR 127 938 Carrick Bend CIR 167 937 Carrick Bend CIR 207 954 Carrick Bend OR 128 938 Ca-rick Bend CIR 168 938 Carrick Bend CIR 208 954 Carrick Bend CIR 129 938 Carrick Bend OR 169 929 Carrick Bend CIR 209 954 Carrick Bend CIR 130 938 Ca rick Bend OR 170 930 Carrick Bend OR 210 954 Carrick Bend OR 131 945 Carrick Bend OR Eam 921 Carrick Bend OR 211 889 Carrick Bend CiR 132 945 Carrick Bend OR 172 914 Carrick Bend OR 212 889 Carrick Bend CIR 133 945 Carrick Bend CIR 173 913 Carrick Bend OR 213 889 Carrick Bend OR 134 945 Carrick Bend OR 174 905 Carrick Bend CIR 214 889 Carrick Bend OR 135 816 Carrick Bend CiR 175 906 Carrick Bend CiR 215 690 Catamaran CT 136 816 Carrick Bend CIR 176 898 Carrick Bend OR 216 670 Catamaran CT 137 816 Carrick Bend CIR 177 897 Carrick Bend OR 217 682 Catamaran CT 138 816 Carrick Bend CIR 178 890 Carrick Bend CIR 218 699 Catamaran CT 139 866 Carrick Bend CIR 179 889 Carrick Bend OR 219 686 Catamaran CT 140 866 Carrick Bend CIR 180 882 Carrick Bend OR 220 694 Catamaran CT 141 866 Carrick Bend OR 181 881 Carrick Bend OR 221 674 Catamaran CT 142 866 Carrick Bend CIR 182 873 Carrick Bend OR 222 703 Catamaran CT 143 866 Carrick Bend CIR 183 867 Carrick Bend OR 223 698 Catamaran CT 144 866 Carrick Bend OR 184 866 Carrick Bend CIR 224 678 Catamaran CT 145 833 Carrick Bend OR 185 857 Carrick Bend OR 225 691 Catamaran CT 146 833 Carrick Bend OR 186 858 Carrick Bend OR 226 695 Catamaran CT 147 833 Carrick Bend CIR 187 849 Carrick Bend GR 227 765 Mainsail PL 148 833 Carrick Bend OR 188 832 Carrick Bend OR 228 676 Mainsail PL 149 833 Carrick Bend CiR 189 841 Carrick Bend CIR 229 745 Mainsail PL 150 833 Carrick Bend CIR 190 816 Carrick Bend CIR 230 733 Mainsail PL 151 897 Carrick Bend OR 191 833 Carrick Bend CIR 231 696 Mainsail PL 152 897 Carrick Bend CIR 192 808 Carrick Bend CIR 232 664 Mainsail PL 153 897 Carrick Bend CIR 193 825 Carrick Bend CIR 233 750 Mainsail PL 154 897 Carrick Bend CIR 194 800 Carrick Bend CIR 234 697 Mainsail PL 155 898 Carrick Bend OR 195 801 Carrick Bend OR 235 665 Mainsail PL 156 898 Carrick Bend CIR 196 817 Carrick Bend CIR 236 734 Mainsail PL 157 898 Carrick Bend CIR 197 793 Carrick Bend CiR 237 648 Mainsail PL 158 898 Carrick Bend CIR 198 792 Carrick Bend CiR 238 738 Mainsail PL 159 913 Carrick Bend CIR 199 785 Carrick Bend CIR 239 652 Mainsail PL 160 1913 Carrick Bend CIR 200 784 Carrick Bend CiR 240 653 Mainsail PL Page 18 of 21 EXHIBIT C Page 3 of 4 241 706 Mainsail PL 281 746 Mainsail PL 321 740 Tarpon Cave DR 242 757 Mainsail PL 282 f 660 Mainsail PL 322 740 Tarpon Cove DR 243 701 Mainsail PL 283 720 Tarpon Cove DR I 323 1740 Tarpon Cove DR 244 681 Mainsail PL 284 720 Tarpon Cove DR 324 740 Tarpon Cove DR 245 717 Mainsail PL 285 720 Tarpon Cove DR i 325 985 Tarpon Cove DR 246 677 Mainsail PL 286 720 Tarpon Cove DR 326 985 Tarpon Cove DR 247 716 Mainsail PL 287 720 Tarpon Cove DR 327 985 Tarpon Cove DR 248 762 Mainsail PL 288 720 Tarpon Cove DR 328 985 Tarpon Cove DR 249 769 Mainsail PL 289 970 Tarpon Cove DR 329 985 Tarpon Cove DR 250 668 Mainsail PL 290 957 Tarpon Cove DR 330 985 Tarpon Cove DR 251 685 Mainsail PL 291 1045 Tarpon Cove DR 331 985 Tarpon Cove DR 252 693 Mainsail PL 292 1035 Tarpon Cove DR 332 985 Tarpon Cove DR 253 721 Mainsail PL 293 1025 Tarpon Cove DR 333 707 Tarpon Cove DR 254 754 Mainsail PL 294 1015 Tarpon Cove DR 334 1035 Tarpon Cove DR 255 644 Mainsail PL 295 1005 Tarpon Cove DR 335 1035 Tarpon Cove DR 256 689 Mainsail PL 296 995 Tarpon Cove DR 336 1035 Tarpon Cove DR 257 730 Mainsail PL 297 985 Tarpon Cove DR 337 1035 Tarpon Cove DR 258 705 Mainsail PL 298 975 Tarpon Cove DR 338 1035 Tarpon Cove DR 259 726 Mainsail PL 299 965 Tarpon Cove DR 339 1035 Tarpon Cove DR 260 673 Mainsail PL 300 710 Tarpon Cove DR 340 1035 Tarpon Cove DR 261 729 Mainsail PL 301 720 Tarpon Cove DR 341 1035 Tarpon Cove DR 262 686 Mainsail PL 302 730 Tarpon Cove DR 342 750 Tarpon Cove DR 263 656 Mainsail PL 303 740 Tarpon Cove DR 343 750 Tarpon Cove DR 264 713 Mainsail PL 304 750 Tarpon Cove DR 344 750 Tarpon Cove DR 265 742 Mainsail PL 305 760 Tarpon Cove DR 345 750 Tarpon Cove DR 266 753 Mainsail PL 306 770 Tarpon Cove DR 346 750 Tarpon Cove DR 267 647 Mainsail PL 307 780 Tarpon Cove DR 347 750 Tarpon Cove DR 268 741 Mainsail PL 308 1001 Tarpon Cove DR 348 780 Tarpon Cove DR 269 709 Mainsail PL 309 980 Tarpon Cove DR 349 780 Tarpon Cove DR 270 661 Mainsail PL 310 702 Tarpon Cove DR 350 780 Tarpon Cove DR 271 758 Mainsail PL 311 1015 Tarpon Cove DR 351 780 Tarpon Cove DR 272 669 Mainsail PL 312 1015 Tarpon Cove DR 352 780 Tarpon Cove DR 273 639 Mainsail PL 313 1015 Tarpon Cove DR 353 780 Tarpon Cove DR 274 643 Mainsail PL 314 1015 Tarpon Cove DR 354 1045 Tarpon Cove DR 275 737 Mainsail PL 315 1015 Tarpon Cove DR 355 1045 Tarpon Cove DR 276 657 Mainsail PL 316 1015 Tarpon Cove DR 356 1045 Tarpon Cove DR 277 725 Mainsail PL 317 1015 Tarpon Cove DR 357 1045 Tarpon Cove DR 278 761 Mainsail PL 318 1015 Tarpon Cove DR 358 1045 Tarpon Cove DR 279 749 Mainsail PL 319 740 Tarpon Cove DR 359 1045 Tarpon Cove DR 280 773 Mainsail PL 320 740 Tarpon Cove DR 360 1045 Tarpon Cove DR Page 19of21 ) EXHIBIT C Page 4 of 361 1045 Tarpon Cove DR 17477 760 Tarpon Cove DR I f 362 975 Tarpon Cove DR 402 760 Tarpon Cove DR 363 975 Tarpon Cove DR 403 760 Tarpon Cove DR 364 975 Tarpon Cove DR 404 760 Tarpon Cove DR 365 975 Tarpon Cove DR 405 760 Tarpon Cove DR 366 1975 Tarpon Cove DR 406 760 Tarpon Cove DR 367 975 Tarpon Cove DR 407 965 Tarpon Cove DR 368 975 Tarpon Cove DR 408 965 Tarpon Cove DR 369 975 Tarpon Cove DR 409 965 Tarpon Cove DR 370 995 Tarpon Cove DR 410 965 Tarpon Cove DR 371 995 Tarpon Cove DR 411 965 Tarpon Cove DR 372 995 Tarpon Cove DR 412 965 Tarpon Cove DR 373 995 Tarpon Cove DR 413 965 Tarpon Cove DR 374 995 Tarpon Cove DR 414 965 Tarpon Cove DR 375 995 Tarpon Cove DR 415 730 Tarpon Cove DR 376 995 Tarpon Cove DR 416 730 Tarpon Cove DR 377 995 Tarpon Cove DR 417 730 Tarpon Cove DR 378 710 Tarpon Cove DR 418 730 Tarpon Cove DR 379 710 Tarpon Cove DR 419 730 Tarpon Cove DR 380 710 Tarpon Cove DR 420 730 Tarpon Cove DR 381 710 Tarpon Cove DR 421 770 Tarpon Cove DR 382 710 Tarpon Cove DR 422 770 Tarpon Cove DR 383 710 Tarpon Cove DR 423 770 Tarpon Cove DR 384 1025 Tarpon Cove DR 424 770 Tarpon Cove DR 385 1025 Tarpon Cove DR 425 770 Tarpon Cove DR 386 1025 Tarpon Cove DR 426 770 Tarpon Cove DR 387 1025 Tarpon Cove DR 427 703 WIGGINS PASS RD 388 1025 Tarpon Cove DR 389 1025 Tarpon Cove DR 390 1025 Tarpon Cove DR 391 1025 Tarpon Cove DR 392 1005 Tarpon Cove DR 393 1005 Tarpon Cove DR 394 1005 Tarpon Cove DR 395 1005 Tarpon Cove DR 396 1005 Tarpon Cove DR 397 1005 Tarpon Cove DR 398 1005 Tarpon Cove DR 399 1005 Tarpon Cove DR 400 745 Tarpon Cove DR Page 20of21 EXHIBIT D SPECIAL PROVISIONS None Page 21 of 21 6;3