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Audubon Country Club Association INSTR 5208724 OR 5225 PG 2385 RECORDED 12/21/2015 11:47 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 Audubon THIS Major User Agreement ell ery and Reuse of IQ Water (Agreement) is made and entered into this"Ltst day of , 20 t'S by and between Audubon Country Club Association, Inc., a Florida non-profit corporation, whose mailing address is 625 Audubon Blvd., Naples, FL 34110 , (hereinafter referred to as "User") and the Collier Water-Sewer District (hereinafter referred t as "District"), collectively, the Parties hereto ("Parties"). This Agreement will take effect on 2 ////(o 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 Page 1 of 21 n 7J made a part hereof. 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. 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. Bulk Service Customers: the User's Allocation is based on the combination of the availability of the District's IQ Water and the 10 Water Application Rate for the Property as described in Exhibit "A." The User's Allocation, which the District agrees to make available, and the User agrees to accept based on the terms of this Agreement, is calculated as 405,679 gallons per day (gpd). This Allocation constitutes the minimum amount of IQ Water that the District agrees to provide to the User, subject to all of the other terms and conditions as set out further in this Agreement. The 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. Page 2 of 21 The District agrees that it will provide the User with its Allocation of IQ Water instead of the deep injection of IQ Water (including charging aquifer storage and recovery wells); except for reclaimed water needed for water reclamation facility treatment processes, injection well testing, flushing and other regulatory requirements or as it may be deemed necessary by the District to do so from time to time in order to protect the Public's health and safety. For purposes of this Agreement, each day equals a twenty-four (24) hour period, which begins at midnight, 12:00 a.m. The District retains the right and sole discretion with respect to delivery times to the Users. 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 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, 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. Page 3 of 21 9. POINT OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013-48 and located at: Approximately 330 feet west of the Right of Way line of U.S. 41 where the IQ Water line crosses the property line of the Audubon Country Club Foundation, Inc. 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 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. Page 4 of 21 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, 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. 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 Page 5 of 21 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 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(1/2) 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 Page 6 of 21 C' '9 District will provide a verbal notification to the User, followed by a detailed written notice as soon as practicable. IQ Water service will only be reinstated upon: (a) the removal of the cross connection together with any reasonable terms and conditions that the District determines are necessary to avoid future cross connections; (b) there is no history of previous cross connections or violations of the other provisions of Collier County Ordinance No. 2013-48 relating to the public health and safety by the User; and (c) the Florida Department of Environmental Protection (FDEP) provides its approval of the reinstatement to the District in a writing, if necessary. The User will be responsible for all costs incurred by the District and the User resulting from the cross connection. These costs include all potable or IQ Water used, including all potable water used for flushing lines, and follow-up cross connection inspections performed by a licensed professional irrigation contractor or a certified Reclaimed Water Field Inspector as mandated by the District. IQ Water service will not be restored prior to submittal of a written report summarizing the cross connection inspections with subsequent written approval by the District. The User shall provide results of cross connection inspections performed upon initial connection to the District's System and take all reasonable precautions to prevent any cross connections while making repairs or extensions to the User's irrigation system. The User must provide the results of a cross connection inspection performed at each internal service connection prior to each future Agreement renewal. At the end of the five year term, one hundred percent of all potable and IQ Water service connections shall have been inspected. The results of the cross connection inspections must be submitted to the District by the User within thirty days of inspection. At the time of the Agreement Renewal, the User is required to submit 420 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 Bulk Service under this Agreement. A. Bulk Service will be billed by the District as being the greater of either: i) the daily Allocation multiplied by 365 days and divided by twelve billing cycles, or ii) the actual IQ Water delivered as metered at the User's POD. Additional usage above the Allocation amount will be billed per published and prevailing rates, per service type, per 1000 gallons. For Major Users with Bulk Service, the Allocation as billed for the respective billing period shall be equivalent to a meter Page 7 of 21 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 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 (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 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: Page 8 of 21 (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 10 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 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: Audubon Country Club Association, Inc. Wastewater Director 625 Audubon Blvd. 4370 Mercantile Avenue Naples, FL 34110 Naples, FL 34104 Attention: President Page 9 of 21 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; Kenyon Kyle, Golf Course Superintendent 239.405.4105 (Mobile); 239.566.9800(Office) kkyle @auduboncountryclub.org 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 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 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. Page 10 of 21 (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. 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 Page 11 of 21 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. 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. Page 12 of 21 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. Witnesses:AS TO USER: Witness ( ignature) Name: l%I C CI Od ,P Z Audubon Count Club Association, Inc., a Florida no s-pr• it corporation By: �_�[� 1 VIP Witness (Signat re) _ %AQI E j• Lew•-.3 ie' akgai ' -- Printed name and title t Agar Name: � t fur LI/ Page 13 of 21 (7.) State of f—L--c:5� ,a County of a1Q The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water w p s acknowledged before me this oC day oflvtele_ 201. by ton G._ (Name), C ) (Title), on behalf of Audubon Country Club Association, Inc., a Florida non-profit corporation (USER), who is personally known to me or who has produced (type of identification) as identification. SD, / (affix notarial seal) 6, %/ ..■4 (Signature of Notary ubliy)- . , SANDRA GLASS (Print Name of Notary Public) •, MY COMMISSION YFF913613 NOTARY PUBLIC t.��.:ai EXPIRES:October 29,2019 F rY/9/1-1 '',24 Bonded Thru Notary Peas Underwriters Serial/Commission #:(if any) FA—Y/9 My Commission Expires: /o AS TO THE DISTRICT: ATTEST plr.,, ©WIGfT£•I C CLERK BOARD OF DISTRICT COMMISSIONER, COLLIER DISTRICT, FLORIDA,AS THE GOVERNING BODY .-. OF COLLIER DISTRICT AND EX-OFFICIO THE , DEPUTY CLERK GOVERNING BOARD OF THE COLLIER DISTRICT Attest as to t1alr>ian's WATER-SEWER DISTRICT >SignatUtetink,, -_ By: "fl m Go_ CHAIRMAN •ppro-ed as to for and legality: ame: Se o IZ •7c4 a L. Title: be pK`F Cb X9-#0. County Attorneys Office Page 14 of 21 EXHIBIT A PROPERTY DESCRIPTION (From Original Agreement dated September 20, 1988) Real property located on the west side of U.S. 41 extending westward across Vanderbilt Drive to Little Hickory Bay, in Sections 5,7, 8 and 9,Township 48 South, Range 25 East, consisting of approximately 760 acres. Page 15 of 21 11\181 mww1 0 LfSn _ | — - o ¥ tn \ — — — _ � _ § $t 22 4 m ) R p4 ii 7w CL in / f \§\ / / zI 0 MS HI ' ® - �� ; § \ EE<k mac � ° r \ X E§¥ §00 W° L.-"o 3® jk\ §§° C o§°- . \0 \\\ §KQt < wpm Iek2m ��R� ■ Z.j ° k/ § mms §$ate CO� » }§ � �2 k > y (-7 m2o§ 2zz b Z 2 kkg£K§§ 2- ' RBrD - °p �! ® u Q � �0Y0< ee , u_S 0 o z o a� § ¢22s§ Kw --- / Ce ® • z W /§ a�` �� 0 ' W ° ' § �'� bt �® o �' 0 0 0 o Z ® - \ , zP m ° W m m{k aG 41 Q § * 1-N0 2/ kj �NR <LU %�§2 w02 00 » 0 »0 E to §§/\ - 3 . . . . . = G 00 ° § Q k•1ES / 2< G2 <0/ ® \ z0 Z6/ / / 2k § O � g _ C4 O c \\_ 0 oi = z < +o 'L �� <�� 6'ok�, ��¥ - R� ea - ;�oEioma �� a ■o ���Lo�E�\ En Page 16 0 21 / } • EXHIBIT C-CROSS CONNECTION INSPECTIONS REQUIRED 1 728 Ashburton DR 40 163 Audubon BLVD 79 101 Audubon BLVD 2 760 Ashburton DR 41 151 Audubon BLVD 80 175 Audubon BLVD 3 803 Ashburton DR 42 219 Audubon BLVD 81 258 Audubon BLVD 4 819 Ashburton DR 43 226 Audubon BLVD 82 179 Audubon BLVD 5 804 Ashburton DR 44 208 Audubon BLVD 83 234 Audubon BLVD 6 744 Ashburton DR 45 187 Audubon BLVD 84 105 Audubon BLVD 7 784 Ashburton DR 46 230 Audubon BLVD 85 216 Audubon BLVD 8 839 Ashburton DR 47 147 Audubon BLVD 86 191 Audubon BLVD 9 772 Ashburton DR 48 113 Audubon BLVD 87 567 Audubon BLVD 10 724 Ashburton DR 49 215 Audubon BLVD 88 567 Audubon BLVD 11 807 Ashburton DR 50 212 Audubon BLVD 89 567 Audubon BLVD 12 788 Ashburton DR 51 127 Audubon BLVD 90 567 Audubon BLVD 13 776 Ashburton DR 52 551 Audubon BLVD 91 567 Audubon BLVD 14 835 Ashburton DR 53 551 Audubon BLVD 92 567 Audubon BLVD 15 827 Ashburton DR 54 551 Audubon BLVD 93 155 Audubon BLVD 16 748 Ashburton DR 55 551 Audubon BLVD 94 204 Audubon BLVD 17 831 Ashburton DR 56 _551 Audubon BLVD 95 171 Audubon BLVD 18 815 Ashburton DR 57 551 Audubon BLVD 96 143 Audubon BLVD 19 811 Ashburton DR 58 195 Audubon BLVD 97 559 Audubon BLVD 20 792 Ashburton DR 59 246 Audubon BLVD 98 559 Audubon BLVD 21 756 Ashburton DR 60 139 Audubon BLVD 99 559 Audubon BLVD 22 736 Ashburton DR 61 207 Audubon BLVD 100 559 Audubon BLVD 23 780 Ashburton DR 62 625 Audubon BLVD 101 559 Audubon BLVD 1 24 800 Ashburton DR 63 211 Audubon BLVD 102 559 Audubon BLVD 25 799 Ashburton DR 64 238 Audubon BLVD 103 159 Audubon BLVD 26 732 Ashburton DR 65 167 Audubon BLVD 104 254 Audubon BLVD 27 768 Ashburton DR 66 220 Audubon BLVD 105 583 Audubon BLVD , 28 720 Ashburton DR 67 599 Audubon BLVD 106 583 Audubon BLVD 29 764 Ashburton DR 68 599 Audubon BLVD 107 583 Audubon BLVD 30 752 Ashburton DR 69 599 Audubon BLVD 108 583 Audubon BLVD 31 823 Ashburton DR _. 70 599 Audubon BLVD 109 583 Audubon BLVD 32 740 Ashburton DR 71 599 Audubon BLVD 110 583 Audubon BLVD 33 796 Ashburton DR 72 599 Audubon BLVD 111_223 Audubon BLVD 34 250 Audubon BLVD 73 591 Audubon BLVD 112 242 Audubon BLVD 35 109 Audubon BLVD 74 591 Audubon BLVD 113 135 Audubon BLVD 36 183 Audubon BLVD 75 591 Audubon BLVD 114 203 Audubon BLVD 37 131 Audubon BLVD 76 591 Audubon BLVD 115 123 Audubon BLVD 38 196 Audubon BLVD 77 591 Audubon BLVD 116 200 Audubon BLVD 39 199 Audubon BLVD 78 591 Audubon BLVD 117 117 Audubon BLVD Page 17 of 21 EXHIBIT C (Continued) 118 98 Audubon BLVD 157 15315 Burnaby DR 197 336 Chancery CIR 119 885 Audubon BLVD 158 15303 Burnaby DR 198 344 Chancery CIR 120 575 Audubon BLVD 159 15226 Burnaby DR 199 301 Chancery CIR 121 567 Audubon BLVD 160 15270 Burnaby DR 200 324 Chancery CIR 122 591 Audubon BLVD 161 15230 Burnaby DR 201 309 Chancery OR 123 583 Audubon BLVD 162 15258 Burnaby DR 202 313 Chancery CIR 124 567 Audubon BLVD 163 15222 Burnaby DR 203 320 Chancery CIR 125,559 Audubon BLVD 164 15283 Burnaby DR 204 345 Chancery CIR 126 551 Audubon BLVD 165 15263 Burnaby DR 205 308 Chancery CIR 127 564 Audubon BLVD 166 15234 Burnaby DR 206 352 Chancery CIR 128 225 Audubon BLVD 167 15266 Burnaby DR 207 340 Chancery CIR 129 121 Audubon BLVD _ 168 15254 Burnaby DR 208 328 Chancery CIR 130 876 Audubon BLVD 169 15278 Burnaby DR 209 281 Charleston CT 131 780 Brentwood PT 170 15262 Burnaby DR 210 208 Charleston CT 132 792 Brentwood PT 171 15298 Burnaby DR 211 225 Charleston CT 133,744 Brentwood PT 172 15307 Burnaby DR 212 241 Charleston CT 134 795 Brentwood PT 173 15274 Burnaby DR 213 229 Charleston CT 135 777 Brentwood PT 174 15280 Burnaby DR 214 261 Charleston CT 136 774 Brentwood PT 175 15310 Burnaby DR 215 209 Charleston CT 137 756 Brentwood PT 176 15299 Burnaby DR 216 265 Charleston CT 138 759 Brentwood PT 177 15295 Burnaby DR 217 237 Charleston CT 139 747 Brentwood PT 178 15218 Burnaby DR 218 220 Charleston CT 140 798 Brentwood PT 179 15287 Burnaby DR 219 269 Charleston CT 141 750 Brentwood PT 180 15311 Burnaby DR 220 245 Charleston CT 142 801 Brentwood PT 181 15238 Burnaby DR 221 257 Charleston CT 143 762 Brentwood PT 182 15250 Burnaby DR 222 233 Charleston CT 144 786 Brentwood PT 183 15306 Burnaby DR 223 213 Charleston CT 145 768 Brentwood PT 184 15214 Burnaby DR 224 249 Charleston CT 146 783 Brentwood PT 185 15291 Burnaby DR 225 205 Charleston CT 147 765 Brentwood PT 186 15294 Burnaby DR 226 204 Charleston CT 148,789 Brentwood PT 187 316 Chancery CIR 227 216 Charleston CT 149 771 Brentwood PT 188 348 Chancery CIR 228 285 Charleston CT 150 753 Brentwood PT 189 300 Chancery CIR 229 217 Charleston CT 151 15302 Burnaby DR 190 332 Chancery CIR 230 212 Charleston CT 152 15242 Burnaby DR 191 353 Chancery CIR 231 221 Charleston CT 153 15286 Burnaby DR 192 305 Chancery CIR 232 273 Charleston CT 154 15246 Burnaby DR 193 312 Chancery CIR 233 277 Charleston CT 155 15290 Burnaby DR 194 321 Chancery CIR 234 289 Charleston CT 156 15275 Burnaby DR 195 349 Chancery CIR 235 253 Charleston CT 196 304 Chancery CIR 236 207 Cheshire WAY Page 18 of 21 • EXHIBIT C (Continued) 237 256 Cheshire WAY 277 264 Cheshire WAY 317 15280 Devon Green LN 238 232 Cheshire WAY 278 260 Cheshire WAY 318 15284 Devon Green LN 239 257 Cheshire WAY 279 148 Cheshire WAY 319 15267 Devon Green LN 240 263 Cheshire WAY 280 192 Cheshire WAY 320 15260 Devon Green LN 241 140 Cheshire WAY 281 155 Cheshire WAY 321 15296 Devon Green LN 242 252 Cheshire WAY 282 144 Cheshire WAY 322 15299 Devon Green LN 243 172 Cheshire WAY 283 211 Cheshire WAY 323 15287 Devon Green LN 244 163 Cheshire WAY 284 236 Cheshire WAY 324 15311 Devon Green LN 245 216 Cheshire WAY 285 168 Cheshire WAY 325 15255 Devon Green LN 246 253 Cheshire WAY 286 248 Cheshire WAY 326 15252 Devon Green LN 247 272 Cheshire WAY 287 199 Cheshire WAY 327 15264 Devon Green LN 248 176 Cheshire WAY 288 227 Cheshire WAY 328 117 Greenfield CT 249 275 Cheshire WAY 289 212 Cheshire WAY 329 101 Greenfield CT 250 223 Cheshire WAY 290 268 Cheshire WAY 330 129 Greenfield CT 251 159 Cheshire WAY 291 185 Cheshire WAY 331 113 Greenfield CT 252 156 Cheshire WAY 292 271 Cheshire WAY 332 133 Greenfield CT 253 141 Cheshire WAY 293 188 Cheshire WAY 333 105 Greenfield CT 254 175 Cheshire WAY 294 191 Cheshire WAY 334 125 Greenfield CT 255 249 Cheshire WAY 295 15288 Devon Green LN 335 109 Greenfield CT 256 240 Cheshire WAY 296 15300 Devon Green LN 336 121 Greenfield CT 257 200 Cheshire WAY 297 15275 Devon Green LN 337 238 Haydon CIR 258 160 Cheshire WAY 298 15259 Devon Green LN 338 234 Haydon CIR 259 219 Cheshire WAY 299 15291 Devon Green LN 339 231 Haydon CIR 260 152 Cheshire WAY 300 15307 Devon Green LN 340 239 Haydon CIR 261 179 Cheshire WAY 301 15263 Devon Green LN 341 242 Haydon CIR 262 164 Cheshire WAY 302 15303 Devon Green LN 342 15299 Pembroke PT 263 244 Cheshire WAY 303 15272 Devon Green LN 343 15302 Pembroke PT 264 180 Cheshire WAY 304 15247 Devon Green LN 344 15298 Pembroke PT 265 184 Cheshire WAY 305 15268 Devon Green LN 345 15291 Pembroke PT 266 267 Cheshire WAY 306 15276 Devon Green LN 346 15295 Pembroke PT 267 196 Cheshire WAY 307 15295 Devon Green LN 347 15294 Pembroke PT 268 204 Cheshire WAY 308 15256 Devon Green LN 348 15303 Pembroke PT 269 235 Cheshire WAY 309 15251 Devon Green LN 349 15306 Pembroke PT 270 245 Cheshire WAY 310 15271 Devon Green LN 350 566 Portsmouth CT 271 151 Cheshire WAY 311 15279 Devon Green LN 351 561 Portsmouth CT 272 171 Cheshire WAY 312 15248 Devon Green LN 352 577 Portsmouth CT 273 208 Cheshire WAY 313 15244 Devon Green LN 353 565 Portsmouth CT 274 145 Cheshire WAY 314 15304 Devon Green LN 354 558 Portsmouth CT 275 228 Cheshire WAY 315 15292 Devon Green LN 355 570 Portsmouth CT 276 167 Cheshire WAY 316 15283 Devon Green LN 356 573 Portsmouth CT Page 19 of 21 EXHIBIT C (Continued) 357 555 Portsmouth CT 397 356 WARWICK WAY 358 550 Portsmouth CT 398 15608 Whitney IN 359 562 Portsmouth CT 399 15688 Whitney LN 360 569 Portsmouth CT 400 15658 Whitney LN 361 574 Portsmouth CT 401 15578 Whitney LN 362 557 Portsmouth CT 402 15618 Whitney LN 363 554 Portsmouth CT 403 15588 Whitney LN 364 712 SAINT GEORGES CT 404 15548 Whitney LN 365 716 SAINT GEORGES CT 405 15628 Whitney LN 366 720 SAINT GEORGES CT 406 15598 Whitney LN 367 724 SAINT GEORGES CT 407 15498 Whitney LN 368 727 SAINT GEORGES CT 408 15638 Whitney LN 369 728 SAINT GEORGES CT 409 15508 Whitney LN 370 731 SAINT GEORGES CT 410 15668 Whitney LN 371 732 SAINT GEORGES CT 411 15568 Whitney LN 372 735 SAINT GEORGES CT 412 15558 Whitney LN 373 736 SAINT GEORGES CT 413 15648 Whitney LN 374 739 SAINT GEORGES CT 414 15488 Whitney LN 375 740 SAINT GEORGES CT 415 15520 Whitney LN 376 743 SAINT GEORGES CT 416 15530 Whitney LN 377 744 SAINT GEORGES CT 417 15698 Whitney LN 378 747 SAINT GEORGES CT 418 15678 Whitney LN 379 748 SAINT GEORGES CT 419 15697 Whitney LN 380 751 SAINT GEORGES CT 420 3801 WOODS EDGE PKWY 381 752 SAINT GEORGES CT 382 755 SAINT GEORGES CT 383 756 SAINT GEORGES CT 384 760 SAINT GEORGES CT 385 763 SAINT GEORGES CT 386 15725 Tamiami TRL N 387 15545 Vanderbilt DR 388 16400 Vanderbilt DR 389 360 WARWICK WAY 390 364 WARWICK WAY 391 368 WARWICK WAY 392 372 WARWICK WAY 393 376 WARWICK WAY 394 371 WARWICK WAY 395 367 WARWICK WAY 396 363 WARWICK WAY Page 20 of 21 EXHIBIT D SPECIAL PROVISIONS 1. Pursuant to Sections 13 and 15 of this Agreement, the District will continue to own, operate and maintain the section of IQ Water main within the 110-foot right-of-way of Vanderbilt Drive. 2. 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. 3. With respect to paragraph 3 of this Agreement, User owns some, but not all, of the property to be irrigated. Regardless, User assumes responsibility for all provisions of this agreement and agrees to enforce all applicable provisions of this Agreement with the owners of the properties to which it delivers IQ Water. Page 21 of 21 Mk \