Vineyards INSTR 5281900 OR 5287 PG 268
RECORDED 6/23/2016 3:28 PM PAGES 22
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$188.50
Major User Agreement for Delivery and Reuse of Irrigation Quality(IQ)Water
Vineyards
THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is
made and entered into this day ofe,.20 1,i, by and between Vineyards Utility, inc., a- -
Florida profit corporation, whose maili�ess is 75 Vineyards Blvd. #500, Naples, FL 34119
(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
�lur� 23 , 201i6and 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
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.
Ne`",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
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,641
THEM IN THE DISTRICT IQ WATER POLICY.
3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. Except as outlined in
Appendix D, Special Provisions, 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 a I so 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. The Vineyards is served by four IQ Water meter assemblies. Three of these
(Vineyards North, Vineyards East and Vineyards South are Bulk assemblies. The other
(Vineyards Press) is a Pressure assembly.
Bulk Service: the User's Allocation is based on the combination of the availability of the
District's IQ Water and the IQ Water Application Rate for the Property as described in
Exhibit "A" and as further described in Exhibit "D".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 700,000 gallons per day (gpd) for the three bulk assemblies from the 1St of
November through last day of June, and 0 gallons per day for the three bulk assemblies
from the 1St day of July through the last day of October for each year of this Agreement.
This Allocation constitutes the minimum amount of IQ Water that the District agrees to
provide to the User through its Bulk assemblies, subject to all of the other terms and
conditions as set out further in this Agreement.
Pressurized Service: As further described in Exhibit D,the User's anticipated usage is based
on the IQ Water Application Rate for the Irrigable Property described in Exhibit "A" served
by the Vineyards Press Assembly and is calculated as 849,500 gpd.
The District is not obligated to provide any additional IQ Water to the User beyond the
User's Allocation for the term of this Agreement. However, based upon IQ Water
availability, the District will use all reasonable efforts pursuant to the terms of this
Agreement to provide the User with additional volumes of IQ Water beyond the User's
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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 10 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.
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 adc ifiui, ...f any future Users of the IQ Water System, and based on Ili Wator
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 mid 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.
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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. POINTS OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013-48 and
located at:
For Vineyards East-At the downstream buried flange of the meter assembly
For Vineyards North-At the downstream buried flange of the meter assembly
For Vineyards South-At the downstream buried flange of the meter assembly
For Vineyards Press-At the 18-inch tee fitting downstream of the meter assembly
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
nistr°ct 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
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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.
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
any damage due to low r,r 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
4 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
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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 D'-trict'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
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
th. C��:: �''_ ;.�te� —yst rr on the User'- 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(34) 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 10 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
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(1)
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
written report summarizing the cross connection inspections with subsequent written
approval by the District.
,t,,,4, ,4*; .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 1,575 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 both Bulk and Pressurized 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.
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i
Additional usage above the Allocation amount will be billed per published and
prevailing rates, per service type, per 1000 gallons. For Major Users with Bulk
Service, the Allocation as billed for the respective billing period shall be equivalent to
a meter availability charge.
B. 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 balanc" anr' all inaer,r t w..cr,o n thereon shall constitute a lien on the U!se-'4
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 th.:,`. makes it impossible foe 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.
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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.
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(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:
Vineyards Utility, Inc. Wastewater Director
75 Vineyards Blvd. #500 4370 Mercantile Ave.
Naples, FL 34119 Naples, FL 34104
Attention: President
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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;
Jim Baase
C:239.253.1109
Protree_vineyards@comcast.net
The District shall attempt User notification by telephone or email stating the nature of
the emergency and the anticipated duration of the service interruption if the
interruption is expected to exceed 72 hours. It is the responsibility of the User to provide
written notification to the District of a change in representative. User may change its
representative by providing written notice to District to become effective upon
acknowledgement by District.
The District representatives who shall be notified in the event of an emergency are:
Irrigation Quality Manager, (239) 252-6284; AND On Call Wastewater Department, (239)
252-2600
28. USE OF 1Q 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
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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.
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 or 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 Di_.trict, by providing the jafaulting 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.
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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 hn arn¢nrid or replartael 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 encurnher the Propertyexcept 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
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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.
Witnesses: AS TO USER
Witness (Signature)
Vineyards Utility, Inc., a Florida profit
--� corporation
Byn;
Witney Si:na e) M i ihel ti : 1,41 si d
�t6r Printed name and title
woofj ,l
Name: (VIII } I . FOUlat
Page 13 of 22
Q
C
46.
State of ac,zig
County of 011
The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water
was acknowledged �beforo me this 7,A day of J , 20117 by
Nl(CAk L . .flie `J4 (Name), Pr cFJk5[ (Title), on behalf
of Vineyards Utility, Inc., a Florida profit corporation (USER who is personally known to me
or who has produced VK r, 'leo f.e04duhantificatio
_r•�in,-____f____.,41_116'....70.1 ,,
(affix notarial seal) 1►�� �; ,: I
• • • of No'ary Pu•lic)
"'t� LINDA H.FOWELL r,
,�AI (Print Name of Notary Public)
;'r°° ,6.`1-% Notary Public-State of Florida
: :•• My Comm.Expires Feb 17 201811: NOTARY PUBLIC
N r lad ° :e
4,—,: w; Commission # FF 064962 ' Serial/Commission #:(if any)
°��� ? Bonded Through National Notary Assn.
.....,. .,, .., - .,. r---- .4 r,,, , My Commission Expires:
AS TO THE DISTRICT:
ATTEST: -
DWIGHT E. BRe K;.c fRK BOARD OF DISTRICT COMMISSIONER, COLLIER
•�, : i , �. r ;- ..90" DISTRICT, FLORIDA, AS THE GOVERNING BODY
By: , ` f • /; OF COLLIER DISTRICT AND EX-OFFICIO THE
•�•{.
-�DEPU= C "'TIN"' GOVERNING BOARD OF THE COLLIER DISTRICT
Attest as to Chai_f nan's WATER- WER DISTRICT
signature only:`-
By: ei14140 1-1:4—°'
ONNA FIALA,CHAIRMAN
pp oved as o rm a d In:
Name: Got Z 7L
Title: Ae ra C..7841.47 Afor
County Attorhey' Office
Page 14 of 22
cD:____ ti
• X54
EXHIBIT A
PROPERTY DESCRIPTION
_ - - -
•
The property covered by this Agreement is the Vineyards Planned Unit Development as
generally depicted in the figure below.
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Page 15 of 22
16.
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Page 16 of 22
1
EXHIBIT B
VASE POINTS OF DELIVERY o
VINEYARESC�RE Page 2 of 4 — L
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EXHIBIT Bo
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( ),
EXHIBIT S
POINTS OF DELIVERY
Page 4 of 4
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j
EXHIBIT C
REQUIRED CROSS CONNECTION INSPECTIONS
Page 1 of 2
Address Range Number of Potable Water
Service Connections
5901-5957 Almaden Drive 15
104-143 April Sound Drive 19
Arbor Blvd.--Nos. 69,70,165,167,169,173,175,177,1000,6215 10
1071-1162 Augusta Falls Way 36
501-595 Avellino Isles Circle 41
6210-6294 Bellerive Ave. 24
5809-5852 Bromelia Ct. 21
1074-1184 Camelot Circle 36
6010-6045 Chardonnay Lane 6
5804-5841 Cinzano Court 8
5820-5880 Cloudstone Court 13
1020-1078 Commons Circle 12
560-585 El Camino Real 4
74-115 Erin Way 9
58-118 Fountain Circle 31
5899-5903 Fountain Drive 3
903-1062 Fountain Run 51
6592-6676 Glen Arbor Way 41
904-996 Glen Lake Circle 25
5865-6008 Hammock Isles Circle 45
5576-5818 Hammock Isles Drive 93
5804-5900 Jameson Drive 18
503-610 Laguna Royale Blvd. 11
605-710 Lalique Circle 15
120-5951 Livermore Lane 18
150 Merin Drive 1
6105-6145 Montelena Circle 1
185-310 Monterey Drive 107
180-276 Napa Ridge Road E 35
104-172 Napa Ridge Way 29
403-504 Palo Verde Drive 43
260-294 Perignon Place 23
5909-6029 Pine Ridge Road(Shopping Center) 25
6101 Pine Ridge Road (Hospital) 1
Page 20 of 22
Oita
EXHIBIT C—Page 2 of 2
702-829 Regency Reserve Circle 55
840-852 Regency Reserve Court 4
832-836 Regency Reserve Drive 3
6080 Reserve Circle 22
5654-5710 Sago Court 24
130-194 San Rafael Lane 24
174 Santa Maria Lane 1
602-643 Shoreline Drive 17
100-110 Siena Way 6
56-97 Silver Oaks Circle 15
190-269 Silverado Drive 70
5890-5940 Sonoma Court 9
5950-5960 Sonoma Lane 2
120-188 Spring Lake Circle 18
240-270 Stonegate Court 7
462-482 Terra Vista Court 10
421-434 Terracina Court 7
445••458Terracina Larne
380-535 Terracina Way 58
901-1049 Tierra Lago Way 44
102-110 Tuscana Court 9
108 Tuscany Way 1
615 to 675 Venezia Grande Drive 24
158-256 Via Perignon 58
800-926 Villa Florenza Drive 38
707 Vineyards Blvd. 1
Vineyards Blvd.Club Facilities(Clubhouse Complex and Maintenance) 5
155-230 Vintage Circle 13
634-697 Vintage Reserve Circle 17
554-628 Vintage Reserve Lane 12
115-200 Vista Lane 28
695-937 Vistana Circle 65
501-593 Wedgewood Way 32
Total—Potable Water Service Connections' 1,575
1 The number of potable water service connections was developed by counting the individual
buildings and swimming pools served by the potable water system based upon current(2015)utility
GIS mapping. While this number is a close approximation of the number of cross connection
inspections required,the actual number may vary from this based upon field conditions. Any
variations from the quantities shown in this table shall be subject to the approval of the District's 10
Water System Manager.
Page 21 of 22
0
EXHIBIT D
SPECIAL PROVISIONS
1. With respect to numbered paragraph 3 of this Agreement, Vineyards Utility, Inc. owns and
operates the utility infrastructure to deliver irrigation water to the Vineyards Golf Courses,
condominiums and individual residences. In general,Vineyards Utility, Inc. does not own the
property to be irrigated. However, Vineyards Utility, Inc. agrees to enforce the applicable
provisions of this Agreement with the owners of the property to which it delivers IQ Water and
be the sole point of contact for the District in administration of this Agreement.
2. With respect to numbered paragraph 6 of this Agreement, Vineyards has an unusual site-
specific condition in that it is served by both Bulk and Pressure assemblies. The amount of IQ
Water available to Bulk users was based upon establishing the total IQ Water available
Districtwide and then deducting flows to Basic users (smaller users)and Pressure users. The
remainder was apportioned among the Bulk Users, and in the case of the Vineyards was
772,800 gpd,which Allocation amount has been reduced to 700,000 gallons at the Vineyards'
request. Due to the way it was calculated,this Allocation does not allocate any flow to the
Vineyards' Pressure Assembly. Allocations for users with Pressure Assemblies were
developed by multiplying the Irrigable Area by the IQ Water Application Rate (IQWAR) of 1
inch/acre-week. In the case of the Vineyards Pressure Assembly, the allocation of 849,500
gpd was calculated by multiplying the 219 acres irrigated by this assembly by the IQWAR of 1
inch/acre-week.
3. Collier County Water-Sewer District's operating permit (Permit No. 0141399-027) for the
North County WRF includes a provision that discharge of reclaimed water shall occur when
the elevation of the water in the Vineyards' lakes is less than elevation 9.2 feet. During the
summer wet season, the elevation of these lakes is typically at, or above, this elevation,
preventing any delivery of reclaimed water. As a site-specific condition to avoid charges to
Vineyards Utility, Inc. for IQ Water that the County is prohibited from delivering, numbered
paragraph 6 of this Agreement is modified to provide an Allocation of 700,000 gpd for the
months of November through June, and 0 gpd for the months of July through October as
more fully stated in numbered paragraph 6 of this Agreement.
4. With respect to numbered paragraph 6 of this Agreement, it is understood that the
anticipated usage figure for pressurized service of 849,500 gpd is based upon a yearly
average,calculated by totaling the volume delivered to the pressure assembly in a given year
and dividing that figure by the days in that year.
5. 10 meter assemblies and appurtenances, including pressure transducer and staff gauges
located in the 10 Water discharge ponds shall remain the property of the District.
n .,•