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Backup Documents 06/25/2013 Item #17H Q-CntihOed 4-n 4-ht-'June 25 1, 2013 Water-Sewer District IQ COLLIER COUNTY FLORID. Water System Ordinance REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • � : • To: Clerk to the Board: Please place the following as a: t ,- XXX Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) Originating Dept'Div: Public Utilities(Billing) Person: Danette Kinaszczuk Date: May 28,2013 Petition No.(If none,give brief description): IQ Water System Orduinance Petitioner: (Name& Address): N/A Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+days before hearing.) June 11,2013. (ad to run no later than FRIDAY, May 31,2013) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description&common location& Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, RELATING TO THE COLLIER COUNTY WATER-SEWER DISTRICT'S IQ WATER SYSTEM, PROVIDING FOR TITLE AND CITATION; PROVIDING FOR FINDINGS; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONNECTION TO SYSTEM; PROVIDING FOR DISCONTINUING SERVICE BY DISTRICT; PROVIDING FOR ANNEXATION OF DISTRICT SERVICES AREAS INTO MUNICIPALITIES; PROVIDING FOR INTERRUPTED, DISCONTINUED AND FAILURE TO DELIVER SERVICE; PROVIDING FOR SERVICE REQUIREMENTS; PROVIDING FOR METER REQUIREMENTS; PROVIDING FOR CROSS-CONNECTIONS PROHIBITED; PROVIDING FOR CONSTRUCTION SPECIFICATIONS; PROVIDING FOR MAINTENANCE BY USER; PROVIDING FOR DISTRICT MAINTENANCE; PROVIDING FOR ADDITIONS OF CHEMICALS; PROVIDING FOR OWNERSHIP BY THE DISTRICT; PROVIDING USERS IQ WATER SYSTEM; PROVIDING FOR LIABILITY; PROVIDING FOR REPEAL OF ORDINANCE NO. 98-37, AS AMENDED, PROVIDING FOR CONSTRUCTION AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any&proposed hearing date: N/A Does Petition.Fee include advertising cost? ❑Yes XXX No If Yes,what account should be charged for advertising costs: PO#4500140440 Reviewed by Divisin Administrat or Designee Date List Attachments: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: Martha S. Vergara 17 H From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Tuesday, May 28, 2013 11:19 AM To: Danette Kinaszczuk; Bellone, Joseph Cc: Teach, Scott Attachments: Advertising Request - Utility Billing Ordinance - 5-28-13.docx; Ordinance Amending Ordinance 2001-73.pdf All: Per Scott's email, I have drafted the attached advertising request pertaining to the Utility Billing Ordinance authorized by the Board today. This will be advertized for the 6/11 Agenda for adoption. Please complete the highlighted sections and have it signed by the Division Administrator or designee. A copy of the ordinance initialed the Deputy County Attorney is also attached. You should email both documents to Martha Vegara at Minutes and Records (MinutesandRecords @collierclerk.com). Copy me and Mary Jo Brock in the County Manager's Office. You should also include the advertising request in Word so the Clerk's Office does not have to re-key the Ordinance title. If easier,just forward everything to me and I will take care of it. We will keep the original ordinance here and have it signed by the BCC Chairman once it is approved. Call if you have any questions or need any help. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239)252-8066 - Fax(239) 252-6600 Under r-;rida Law,e--mail addresses are public,records. If you do not want your e-mail address released in response to a public records request.no net send 3ctrr;rc niail to toms entity instead,contact this office by telephone or in writing. 1 17H ORDINANCE NO.2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, RELATING TO THE COLLIER COUNTY WATER-SEWER DISTRICT'S IQ WATER SYSTEM,PROVIDING FOR TITLE AND CITATION; PROVIDING FOR FINDINGS; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONNECTION TO SYSTEM; PROVIDING FOR DISCONTINUING SERVICE BY DISTRICT; PROVIDING FOR ANNEXATION OF DISTRICT SERVICE AREAS INTO MUNICIPALITIES; PROVIDING FOR INTERRUPTED, DISCONTINUED AND FAILURE TO DELIVER SERVICE; PROVIDING FOR SERVICE REQUIREMENTS; PROVIDING FOR METER REQUIREMENTS; PROVIDING FOR CROSS-CONNECTIONS PROHIBITED; PROVIDING FOR CONSTRUCTION SPECIFICATIONS; PROVIDING FOR MAINTENANCE BY USER; PROVIDING FOR DISTRICT MAINTENANCE; PROVIDING FOR ADDITIONS OF CHEMICALS; PROVIDING FOR OWNERSHIP BY THE DISTRICT; PROVIDING USERS IQ WATER SYSTEM; PROVIDING FOR LIABILITY; PROVIDING FOR REPEAL OF ORDINANCE NO. 98-37, AS AMENDED; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 12, 1998, the Board of County Commissioners (Board) adopted Ordinance No. 98-37, The Collier County Reclaimed Water System Ordinance, to govern policies, procedures and conditions regarding the use of the Collier County Water Sewer-District's (District) IQ Water Program; and WHEREAS, the Board subsequently amended Ordinance No. 98-37 through its adoption of Ordinance No. 99-35 and Ordinance No. 99-55; and WHEREAS, the Board now desires to amend provisions of Ordinance No. 98-37, as amended, 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, IQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water sources and providing alternative water supplies for beneficial uses; and WHEREAS, 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; and WHEREAS, when a water reclamation facility permittee reuses reclaimed water or disposes of effluent using property owned by another party, a binding agreement between the involved 1 17H parties is required to ensure that construction, operation, maintenance, and monitoring meet the requirements of Chapters 62-600, 62-620 and 62-610, Florida Administrative Code(FAC); and WHEREAS, the water reclamation facility permittee shall retain primary responsibility for ensuring compliance with all applicable requirements of the FAC for efficient disposal. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,that: SECTION ONE: TITLE AND CITATION. This Ordinance shall be known as and may be cited as "The Collier County Water-Sewer District IQ Water Ordinance." SECTION TWO: FINDINGS. The Board of County Commissioners hereby makes the following findings: A. That Sections 403.064(1) and 373.250(1), F.S., establish the encouragement and promotion of water conservation and Reuse of IQ Water as State objectives and that water conservation and Reuse are in the public interest. B. That FAC, Rule 62-610.320 (1) (b) requires that when water reclamation facility permittee reuses IQ Water or disposes of effluent using property owned by another party, a binding agreement between the involved patties is required to ensure that construction, operation, maintenance, and monitoring meet the requirements of Chapters 62-600, 62-620, and 62-610, F.A.C. Such binding agreements are required for all reuse or disposal sites not owned by the permittee. The permittee shall retain primary responsibility for ensuring compliance with all applicable requirements of the Florida Administrative Code for efficient disposal. C. That FAC, Rule 62-610.491 (1) (c) requires that as part of the wastewater reclamation facility permit application, the applicant shall submit documentation of controls on individual users of IQ Water through detailed agreements or by local ordinance. D. That the Collier County Water-Sewer District's (District's) IQ Water System meets the criteria of a slow rate land application system with public access as defined by Florida Administrative Code, Rule 62-610.450. E. That the establishment and maintenance of an IQ Water System Ordinance is required by Florida Administrative Code, Rule 62-610.469. F. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety,welfare and convenience. 2 171-1 G. References to Federal, State and local rules and regulations are those then in effect at the time of the adoption of this Ordinance and which may be amended or revised from time to time by the respective regulatory body and will be incorporated herein by reference upon their adoption. SECTION THREE: INTENT. It is the intent of the District to make IQ Water available for irrigation and other authorized uses. The IQ Water System (System) shall be developed in accordance with the IQ Water Policy (Policy) and the IQ Water Master Plan(Master Plan). SECTION FOUR: DEFINITIONS. • For purposes of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The words "shall," "will,"or"must"are always mandatory and not merely discretionary. Allocation shall mean the minimum amount of IQ Water allocated to a Major User through an executed Major User Agreement. The minimum Allocation will be neither less than nor greater than the amount calculated based on the irrigable pervious surface of the Applicant and the IQ Water Application Rate, expressed in million gallons per day (MGD) and delivered over a twenty four(24)hour period. Applicant shall mean any property owner or owner's agent (written evidence is required of Designated Agent's/Officer's authority to execute legal documents for property owner) person or entity that is requesting IQ Water service from the District for their use or on behalf of an IQ Water User and is authorized to enter into a District User Agreement. Approved Backflow Preventer shall mean a mechanical assembly that has been approved to prevent backflow and back-siphonage to the District's water systems including the IQ Water System. Available IQ Water shall mean an amount of IQ Water, above and beyond the amount required to meet existing User demand during the low flow/high demand period, as determined by the District. Basic User shall mean an IQ Water User that uses less than 0.1 MGD of IQ Water expressed on a twenty four (24) hour flow basis. This classification of User must enter into a Basic User Agreement. Basic Users may receive Pressurized or Pressurized and Distributed service. Basic User Agreement (BUA) shall mean a written contractual agreement between the District and the Basic User through which the Basic User agrees to abide by all rules and regulations pertaining to IQ Water use. These agreements are required by the State per Section 62-610.320 (1) (b), F.A.C. Board of County Commissioners of Collier County, Florida (Board) shall mean the governing body of Collier County as the ex officio Governing Board of the Collier County Water-Sewer District. a 3 171-I Bulk Service shall mean a service level in which individually metered Users: (a)have a Major User Agreement for Delivery and Reuse of IQ Water, (b) receive.service that may be provided with minimum pressure, (c) agree to receive a IQ Water Allocation on an annualized daily basis throughout the calendar year, (d) provide IQ storage facilities on their property, (e) are responsible for their IQ Water system beyond the District's designated Point of Delivery, and (f) agree to use IQ Water in lieu of potable water for irrigation or other permitted uses. Collier County Water-Sewer District (District) shall mean the Independent Special District within Collier County that is defined by Special Act, Chapter 2003-353, Laws of Florida; as such Act may be amended from time to time. Cross-Connection shall mean any physical arrangement whereby the District's public water system is connected, directly or indirectly, with any other water supply, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to the public water system, as the result of backflow. By-pass arrangements, jumper connections, removable sections, swivel or changeable devices, or other temporary or permanent devices, through which or because of which, backflow could occur are considered to be cross-connections unless otherwise specified within this Policy or other related District documents. Customer shall mean an IQ Water User that is physically connected to the IQ Water System and has a real and present availability for service (Delivery of IQ Water) regardless of actual use, and shall include both Basic and Major Users. FDEP shall mean the Florida Department of Environmental Protection. Force Majeure shall include but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, acts of any public enemy, wars, blockades, riots, acts of armed forces, epidemics, delays by carriers, inability to obtain materials or rights-of-way on reasonable terms, acts or failures to act by regulatory authorities, or the unavailability of necessary resources that are beyond the reasonable control of the District to provide IQ Water to Users. IQ Water 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. IQ Water Application Rate (IQWAR) shall mean the irrigation application rate generally recommended by the Water Management Districts, and adopted by the District, currently three- quarters to one inch per irrigated acre per week. As an example, a User with a parcel of land that has 100 acres of irrigable area, at the rate of 1-inch per week, will provide a maximum application rate of 387,900 gallons per day of IQ Water expressed on an average annual daily flow basis (100 acres x 43,560 ft2 per acre x 1 inch per week /12 inches/foot x 7.48 gallons per cubic foot /7 days/week= 387,900 gallons/day). a� 4 17H IQ Water Ordinance shall mean Ordinance 2013- which repealed and replaced Ordinance No. 98-37, as amended. IQ Water Policy (Policy) shall mean the Policy as approved by the Board which outlines the IQ Water program in terms of purpose, vision, mission, guiding principles, definitions, rates, conservation, master planning, and operational guidelines. The Policy gives guidelines for the optimization of available water resources and meeting the irrigation needs or other approved uses, of customers in an economically and environmentally sustainable manner, through the use of IQ Water. IQ Water Rates shall mean the rates in dollars and cents charged by the District for IQ Water service as established by the Board in Ordinance No. 2001-73, as amended, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance. IQ Water Service Area shall mean the geographic area within the District boundary where IQ Water is or will be furnished in accordance with the prioritization and decision criteria included in this Policy and subsequent master planning. IQ Water System (System) shall mean all District owned elements that function to convey and distribute IQ Water including all land and easements, buildings and structures, transmission and distribution pipes, reservoirs, supplemental water supply production and pumping facilities, metering equipment, equipment and machinery, and other appurtenances necessary to provide IQ Water to Users. The System does not include the deep injection wells located at the Water Reclamation Facilities used for wastewater effluent disposal. IQ Water User shall mean any existing entity receiving IQ Water at the time of the Effective Date of this Ordinance; such as a single family homeowner, golf courses, homeowner associations, condominium associations or other associations with the legal authority to make binding determinations on behalf of the association, its members, its unit owners, or the shareholders of such association, corporations, or owner(s) of developed property. (See: Exhibit A for a list of existing Major Users). Major User shall mean an IQ Water User that uses or has an allocation greater than or equal to 0.1 MGD of IQ Water expressed on a twenty four (24) hour flow basis. This classification of User must enter into a Major User Agreement and may receive Bulk or Pressurized Service. (See: Exhibit B for a list of existing Major Users and their calculated minimum IQ Water Allocations). Major User Agreement (MUA) shall mean a written instrument between the Major User and the District, by which the Major User agrees to abide by all rules and regulations pertaining to IQ Water, designates a minimum Allocation, designates a Point of Delivery, designates areas where IQ Water will be used, and other contractual obligations. These agreements are required by the State per Section 62-610.320 (1) (b) F.A.C. Master Meter, shall mean a radio read or other water meter that measures the total gallons of water that flows through such meter to measure the cumulative water being served to a specific project, development or portion(s) thereof and which has many separate end users being served by such master metered water (as distinguished from a water meter that measures flow of water to separate end use customers or end use water customer units). 5 0 17H Point of Delivery (POD) shall mean the location where the Districts IQ Water System is physically connected to the Users IQ Water system and represents where the District's responsibility ends and the User's responsibility and liability begins. In Major User Agreements it will be defined and identified in an exhibit. In certain identified Major User Agreements the POD will be where the IQ Water line enters onto the Major User's property boundary. The POD for Basic Users, unless otherwise specified, will be at the point where the downstream section of the meter assembly goes into the ground on the User's side of a meter. Pressurized Service shall mean the service level in which Users are (a) individually or master metered; (b) receive IQ Water under pressure at the POD; (c) are responsible for the distribution of IQ Water downstream of the individual or master meter(s); (d) agree that the District will not be responsible for the water pressure and system maintenance downstream of the POD. Pressurized and Distributed Service shall mean the service level at which Users (a) are either individually or master metered; (b) receive IQ Water under pressure; (c) whose IQ Water System is maintained by the District beyond the boundaries of the master community up to the individual or master meter; (d) are responsible for the distribution of IQ Water to irrigable areas downstream of the master or individual meter; (e) are solely responsible for the water pressure and IQ Water System maintenance downstream of the POD. Reuse shall mean the deliberate application of IQ Water, in compliance with the Florida Department of Environmental Protection (FDEP) and South Florida Water Management District (SFWMD)rules, for a beneficial purpose. SFWMD shall mean the South Florida Water Management District. Supplemental Water Supply shall have the same meaning as Alternative Water Supplies per subsection 373.019(1), Florida Statutes, (Note that per Ordinance No. 2004-31, as amended, Supplemental Water is non-potable ground water, stormwater, or surface water). Unincorporated Area shall mean all geographic areas within Collier County not within the geographic boundaries of any municipal corporation as of June 26, 2003, the effective date of Chapter 2003-353, Laws of Florida, a Special Law. In the context of IQ Water and these policies, all geographic areas incorporated as a municipal corporation shall thereby be deemed to be within geographic boundaries of that municipality. Also all areas annexed into a municipal geographic corporation after the effective date June 26, 2003, shall thereby be classified as being "incorporated" unless such geographic area, by inter-local agreement pursuant to Section 171.204, Florida Statutes (as now exists or hereafter amended and/or renumbered by the Florida Legislature), excludes such annexed geographic area as an unincorporated enclave and, being an inter-local agreement enclave, shall remain classified as "unincorporated" (not being within the geographic boundaries of the municipality). User Agreement shall mean the Basic User Agreement or the Major User Agreement, or both Agreements, as applicable. 6 17H Water Resource Caution Area shall mean a geographic area identified by a water management district as having an existing water resource problem or an area in which water resource problems are projected to develop during the next 20 years. Wastewater Director shall mean the District individual responsible for the technical and operational activities of the District's IQ Water program. SECTION FIVE: CONNECTION TO SYSTEM. A. All Users connected to the System shall enter into a User Agreement with the District. Users with usage greater than or equal to .1 MGD must enter into a written Major User Agreement. Users with usage less than .1 MGD must enter into a Basic User Agreement. B. Customers in designated service areas may connect to the System where the ability to deliver IQ Water exists and the District has determined that sufficient IQ Water is available to be delivered; and upon District approval of a properly submitted application which is compliant with all applicable laws, rules, and regulations. With the exception of District Utility Facilities, all Customers will be charged the applicable published rates, fees and charges for delivery of the IQ Water. C. (i) The residential areas of the Planned Unit Developments that currently have IQ Water infrastructure, including both mains and service lines and that currently receive pressurized and distributed service (Pelican Bay and Pelican Marsh) are grandfathered and exempted from the following provision (ii) The District will not add any additional Users to the IQ Water System until it can be reasonably determined by the District that a sufficient quantity of IQ Water is available during the low flow/high demand period for additional Users, and that the addition of such Users will not reduce the District's delivery of the contracted volumes of IQ Water to existing Users. (iii) Prior to and after 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, or 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 to the 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. (iv) Any substitution or offset credits earned by the User by utilizing IQ Water will be conveyed to the District by the User receiving such credits. SECTION SIX: DISCONTINUING SERVICE BY DISTRICT. A. The District may suspend IQ Water service to any User due to violation(s) of any provision(s) of Collier County Ordinances, Federal, State, or District regulations or policies, or the User Agreement, for non-payment of fees and charges for delivery of IQ Water, for tampering with any service, for cross-connection with any other water source, or for any reason when the District 17H finds that continuation of service has the immediate potential to be detrimental to the District's potable water, wastewater, or IQ Water utility systems, the environment, or the health, safety, and welfare of the public. B. If the violation may result in an immediate harm to persons or property, the District will cease and suspend service until the violating condition is corrected and all costs due to the District have been paid in full. These costs may include past due bills and penalties, connection charges, payment for any damage caused to the System, together with any charges established on the basis of the expenses incurred in the disconnection and restoration of service, which shall be non-discriminatory in its application. The User shall be provided written notice of violations to include what is required to return to compliance, and shall be provided a reasonable amount of time to cure the violation. Should suspended service be restored by the User without written authorization from the District, the District shall immediately remove the IQ Water service lines, and all associated additional charges for the District work will be borne by the User. Authorized service restoration is not guaranteed and will be made solely at the reasoned discretion of the District. C. Failure to enter into and maintain an executed User Agreement, including the acceptance of all amendments and modifications thereto with the District, will result in the discontinuance of IQ Water service. SECTION SEVEN: ANNEXATION OF DISTRICT SERVICE AREAS INTO MUNICIPALITIES. The annexation of any areas into a municipal corporation after the effective date designated in Chapter 2003-353, Laws of Florida, does not remove any such annexed area from the District's geographic boundaries. If the District is providing any part or all of such annexed area with IQ Water, the District upon such annexation shall not be obligated to continue to supply IQ Water to such annexed area except to the extent that the District is then contractually obligated to continue to supply such area with IQ Water pursuant to a Major User Agreement. If the District is providing IQ Water to any geographical area and any other purveyor of water or wastewater service should expand its service area to include such geographical area the District shall not be obligated to continue to supply IQ Water to such area except to the extent that the District is then contractually obligated to continue to supply such area with IQ Water pursuant to a Major User Agreement. SECTION EIGHT: INTERRUPTED, DISCONTINUED, SUSPENDED AND FAILURE TO DELIVER SERVICE. A. The District shall not contractually allocate more IQ Water than can reasonably be made available during the low flow/high demand period as determined by the District. The amount of IQ Water available for allocation to Major Users will be determined as follows: 1. The lowest daily flow of wastewater influent available for treatment; 2. Plus: the daily reliable flow from Supplemental Water Supplies; 3. Minus: the Basic and Pressurized Users maximum month average daily demand. 8 17H B. The District may interrupt or temporarily suspend or discontinue service to any portion of, or the entire IQ Water System as may be deemed necessary and appropriate by the District or as required by any regulatory authority or designee. • C. The District will not be liable to Users for failure to deliver IQ Water if certain situations beyond the reasonable control of the District preventing delivery exist, such as, but not limited to: (1) unavailability of source water due to a loss or lack of influent to the wastewater reclamation facilities; (2) process failure; (3) noncompliant IQ Water; (4) equipment or material failure in the System, including failure of storage or pumping; (5) routine or emergency System or treatment facility repair or maintenance; (6) Force Majeure incidents or occurrences that makes it impossible, impractical or limits the ability of the District to provide IQ Water. D. At times, IQ Water demand may exceed the IQ Water supply. During these events, IQ Water service will be restricted and apportioned per District operating protocols, which will be published within six (6) months from the adoption of this Ordinance. E. The District has the necessary facilities and capability to augment the District's System with certain non-potable water resources in order to enhance the application of IQ Water with Supplemental Water for irrigation or other approved purposes. All aspects of the District's use of such Supplemental Water to enhance the System, such as timing, volumes, blending, distribution, and pricing will be exclusively at the District's considered discretion. Supplemental Water shall be utilized for the benefit of all IQ Water Users. SECTION NINE: SERVICE REQUIREMENTS. A. By accepting IQ Water service, all Users agree that the User (1) has read Ordinance No. 97-33, as amended; (2) shall accept the IQ Water delivered by the District without warranty beyond the regulatory Compliance Points for federal, state and local requirements for quality, and will use the IQ Water only for approved uses on the User's property pursuant to all local, State, and Federal regulations; (3) shall not discharge IQ Water directly into the waters of the State without written authorization from the SFWMD and the FDEP, which written authorization shall be submitted to the District prior to discharging directly into waters of the State; (4) shall be responsible for the payment of the rates, fees, and charges as adopted by the District for the provision of IQ Water service per Ordinance No. 2001-73, as amended; (5) agrees that the District has the authority to impose conservation-based rates and/or interrupt service to customers that use IQ Water in excess of the Allocation or IQ Water Application Rate of the respective User; and (6) agrees that the District will not be held liable for damages that may occur to vegetation or other damages that occur due to uses of IQ Water. B. No new connection to the System or intended use shall be permitted without an executed written User Agreement between the District and the User. Users without existing or expired User Agreements must enter into a User Agreement upon the request of the District in order to continue to receive IQ Water Service. Any User that fails to enter into a User Agreement with the District will have IQ Water Service discontinued within thirty (30) days after written notification by the District to the User of the District's intent to discontinue the User's service. 9 171-I C. Approvals from all relevant regulatory authorities and the District shall precede all connections to the System. IQ Water service will be discontinued if User does not comply with all applicable rules, laws, and regulations for the application of the IQ Water. D. Users of the IQ Water shall consent to the reasonable entry upon the property using IQ Water or property containing any portion of the System infrastructure owned by the District. Such entry shall ordinarily be for the purposes of reviewing the operation and condition of the System, for inspection of infrastructure, sampling at monitoring wells, or meter reading. User also consents to the District employees or Districts representatives conducting cross connection inspections, or site compliance inspections that may include the operation of private IQ Water facilities, such as private irrigation systems. At the request of the District and as a condition of service, Users shall consent to the reasonable installation, sampling, and maintenance of monitoring wells associated with the System. The User waives all rights to receive any further notice from the District of entries conducted pursuant to this Ordinance, and indemnifies the District, its agents and employees from any and all claims, damages,judgments and expenses incurred by the District as the result of the Users discharge or use of IQ Water in violation of any of the terms of this Ordinance or applicable laws,rules or regulations. E. Applicants shall at its sole expense, obtain and fulfill all requirements of all the necessary permits, licenses, conditions, and approvals for any construction and operation of the Users IQ Water system. F. IQ Water Service will be provided to Applicants as described in the IQ Water Policy. G. Any and all adjustments to Users IQ Water system required by changes in law shall be completed within the time period defined by the regulatory authority requiring such changes at the Users expense. H. The District will recognize that portions of IQ Water may continue to be used for environmental mitigation purposes. I. IQ Water may also be used for non-irrigation purposes, such as cooling towers.Non- irrigation uses for IQ Water must meet all of the requirements of 62-610 F.A.C. and be approved by the District. All cooling towers will be required to install a redundant connection to another water source and applicable backflow prevention devices. SECTION TEN: METER REQUIREMENTS. All connections to the System shall be metered. At the time of connection of the Applicant's property to the System, the Applicant will be responsible for the full cost of installation of the meters and all appurtenances thereto (collectively referred to as the "meter") and such facilities shall be dedicated at no cost to the District in accordance with applicable Collier County Ordinances. Replacement meters will be installed by the District at the District's discretion and expense. Costs associated with meters replaced at the request of the User will be paid for by the requesting party and dedicated at no cost to the District. A. The District shall install new meters less than or equal to two (2) inches in size. 10 17H Associated costs for the meter and its installation will be paid by the User per Ordinance No. 2001- 73, as amended. B. New meters greater than two (2) inches in size will be installed by the Applicant in coordination with District regulations. The Applicant must submit an application for an IQ Water meter and install the meter and associated infastructure in accordance with District requirements and specifications under the direct physical supervision of a District representative. All costs associated with the installation of the meter to include District expenses will be paid by the User. Any User that connects to any part of the System without direct physical supervision by a District representatives will have all IQ Water service being provided immediately terminated. Upon the finding of an improperly or unauthorized meter installation will constitute a violation of this Ordinance and shall be subject to all fines and costs in addition to the penalties as set out herein. SECTION ELEVEN: CROSS CONNECTIONS PROHIBITED. A. No Cross Connections shall be permitted. Any Cross Connection constitutes a violation of this Ordinance and shall be subject to fines and costs as identified in Ordinance No. 2001-73, as amended. B. 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. 97-33, as amended. C. 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 test the private irrigation or other system of any User receiving IQ Water for the purpose of performing cross connection inspections. D. (i) If a Cross Connection is found, the District will immediately suspend IQ Water service to a User upon the confirmation of a Cross Connection with the District potable water system. IQ Water service will be reinstated only upon (a) the removal of the cross-connection together with any additional 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 this Ordinance by the User 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. (ii) The Users will be responsible for all costs incurred by the District and the User, resulting from the Cross Connection. These costs include, but may not be limited to: 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. E. Any additional requirements for Cross Connection regulation may be further set out in the individual User Agreements as may be necessary for the User. 11 C; 171-I SECTION TWELVE: CONSTRUCTION SPECIFICATIONS. All IQ Water connections shall meet the following specifications: A. Prior to connection, all requirements of Florida Administrative Code, Ordinance No. 2004-31, as amended, and all other relevant District requirements in existence at the time of connection, shall be fully met. C. New above ground hose bibb connections shall not be made unless the User has a written documentation of inspection and approval by the FDEP as required by 62-610.469(3), F.A.C. Such documentation must be received and approved by the District prior to any hose bibb installation. SECTION THIRTEEN: MAINTENANCE BY USER. A. Except to the extent, if any, and clearly and expressly articulated in a User 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. The District may disconnect IQ Water service to any User in the event any part of the User's system is not being maintained to the standards specified in Ordinance No. 2004-31, as amended. In addition, should the User require IQ Water at different pressures, different quality, or in any way different from that which is supplied by the District, the User shall be responsible for any necessary devices for making these adjustments and obtaining approval from the District. If such changes are made supplementing the quality or pressure(s) from the District, the District shall not be held liable and the User will hold the District harmless from any and all claims for damages to persons or property as the result of the application of User's modifications to the District's standard IQ Water. B. The User shall take reasonable precautions, including signs, labeling, and color- coding to prevent confusion between IQ Water and other water sources. All costs associated with the reasonable precautions will be borne solely by the User. SECTION FOURTEEN: DISTRICT MAINTENANCE. A. Except to the extent, if any, and clearly and expressly specified in a User Agreement to the contrary, the District shall own and be responsible for all repairs and maintenance and associated costs for operating the System upstream of the designated POD. B. The District will not own, operate, maintain, or be deemed to be in possession or control of the Users IQ Water system downstream of the POD unless specified in a User Agreement. C. No person shall perform any work, nor be reimbursed for any work, on the District's System, without written authorization from the District prior to work commencing. D. The District will make every effort to inspect, maintain and keep its facilities in good 12 a`� 17H and serviceable repair, but assumes no liability for any damage caused by the System that is beyond the reasonable control of normal maintenance. These situations include, but are not limited to: damage due to the breakage of pipes, diminished water quality due to unauthorized or illegal introduction of foreign material into the System by others that is beyond the reasonable control of the District,or other similar incidents. E. The District will not provide additional treatment to the IQ Water beyond the compliance points located at the Water Reclamation Facilities. F. The District has the right,but not a duty, to reasonably operate or regulate the User's private system if it is found by the District to be necessary for the health, safety, and welfare of the public. G. The Users' denial of access of an authorized District representative to a property receiving IQ Water for the purpose of conducting any inspections shall constitute a violation of this Ordinance and may constitute grounds for the immediate discontinuation of IQ Water service by the District. SECTION FIFTEEN: ADDITIONS OF CHEMICALS. A. Users' addition of any chemicals to the District's System is strictly prohibited. B. Any User adding or otherwise placing chemicals into the User's IQ Water system must first install, test, and maintain an approved and appropriate backflow prevention assembly per Ordinance No. 97-33, as amended. All backflow prevention devices must be tested annually per Ordinance No. 97-33, as amended. Written documentation for the installation, maintenance and testing of the backflow prevention device(s) must be provided to the District within ten (10) business days following the installation,maintenance or testing of the device(s). C. All algaecide applications to IQ Water storage ponds shall be completed per manufacturers' specifications. SECTION SIXTEEN: OWNERSHIP BY THE DISTRICT. A. No private IQ Water facilities will be installed or accepted by the District for ownership, operation and maintenance, with the exception of certain meters as provided for in this Ordinance. B. The District's utility easements and dedicated public rights of way do not indicate acceptance of or ownership by the District of any User's infrastructure that may be placed into the District easement or right of way. C. No District IQ Water facilities will be installed by an Applicant and accepted by the District for ownership operation and maintenance, unless the facilities are located in a dedicated public right of way, a County Utility Easement (CUE) or a Perpetual Utility Easement(PUE). Any new easement shall be adequately sized to accommodate construction and maintenance of all System components. No obstruction of any kind shall be planted, built, or otherwise created within the limits of the utility easement or right of way without prior written authorization from the 13 an 17H District. D. If IQ Water infrastructure is to be conveyed to the District, the User shall submit all documents as are required for the dedication of private facilities to the District as specified in Ordinance No. 2004-31, as amended. SECTION SEVENTEEN: USER'S IQ WATER SYSTEM. A. The Applicant shall, at its sole expense, construct all necessary transmission mains; re-pump stations and appurtenant improvements for transmitting IQ Water from the District's System to the User's system. The Applicant shall, at its sole expense, construct all necessary on-site IQ Water system facilities such as pipes, storage facilities, and drip, spray or sprinkler facilities. B. Users may apportion their monthly charges paid to the District for IQ Water Service to its internal users, pursuant to Ordinance No. 2001-73, as amended. SECTION EIGHTEEN: LIABILITY. The District shall not be liable for any claims for damages to the User's property or persons thereon as the result of the use of District IQ Water, provided that the quality of the IQ Water at the Compliance Points has been treated and meets all standards as required by all applicable federal, state, and local rules, laws and regulations. SECTION NINETEEN: REPEAL OF ORDINANCE NO. 98-37,AS AMENDED. Collier County Ordinance No. 98-37, The Collier County Reclaimed Water System Ordinance, and all amendments thereto, are hereby repealed in its entirety. SECTION TWENTY: CONSTRUCTION AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public's health, safety, welfare, or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION TWENTY-ONE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word"ordinance"may be changed to "section," "article"or any other appropriate word. 14 17H SECTION TWENTY-TWO: PENALTIES. Unless another penalty is specifically provided for herein, any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided for by Section 125.69, Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance,before the Special Magistrate or in the Circuit Court of Collier County. SECTION TWENTY-THREE: EFFECTIVE DATE. This Ordinance shall become effective upon being duly filed with the Secretary of the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this the day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER, FLORIDA,AND AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: By: , Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approved as to form and legal sufficiency: Scott R. Teach Deputy County Attorney 15 171-I EXHIBIT A MAJOR USERS 1 Audubon Golf& Country Club 2 Autumn Woods Community Association Inc. 3 Beachwalk Residents Association 4 Bermuda Greens 5 Calusa Bay 6 Collier County Facilities Management Department 7 Collier County Parks& Recreation Department 8 Collier's Reserve Country Club Inc. 9 Countryside Golf& Country Club 10 Foxfire Community Association of Collier County 11 Glades Golf& Country Club 12 Hibiscus Golf Club 13 Imperial Golf Club Inc. 14 LaPlaya Golf Club 15 Lakewood Country Club of Naples 16 Lakewood Community Services Inc. 17 Lely Resort Golf& Country Club 18 Lely Community Development District 19 Riviera Golf Club 20 Royal Palm Country Club of Naples Inc. 21 Tarpon Cove Community Association 22 Vineyards Development Corporation 23 Windstar on Naples Bay n Q 16 171-I EXHIBIT B MAJOR USERS AND CALCULATED MINIMUM IQ WATER ALLOCATIONS 17 17f1 Acct. #065797 May 28, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Water-Sewer District's IQ Water System Ordinance Dear Legals: Please advertise the above referenced notice on Friday, May 31, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140440 17f1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on June 11, 2013 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of the following County Ordinance . The meeting will commence at 9 : 00 A.M. The title of the proposed Ordinance is as follows : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA,RELATING TO THE COLLIER COUNTY WATER-SEWER DISTRICT'S IQ WATER SYSTEM,PROVIDING FOR TITLE AND CITATION; PROVIDING FOR FINDINGS; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONNECTION TO SYSTEM; PROVIDING FOR DISCONTINUING SERVICE BY DISTRICT; PROVIDING FOR ANNEXATION OF DISTRICT SERVICE AREAS INTO MUNICIPALITIES; PROVIDING FOR INTERRUPTED,DISCONTINUED AND FAILURE TO DELIVER SERVICE; PROVIDING FOR SERVICE REQUIREMENTS; PROVIDING FOR METER REQUIREMENTS; PROVIDING FOR CROSS-CONNECTIONS PROHIBITED; PROVIDING FOR CONSTRUCTION SPECIFICATIONS; PROVIDING FOR MAINTENANCE BY USER; PROVIDING FOR DISTRICT MAINTENANCE; PROVIDING FOR ADDITIONS OF CHEMICALS; PROVIDING FOR OWNERSHIP BY THE DISTRICT; PROVIDING USERS IQ WATER SYSTEM; PROVIDING FOR LIABILITY; PROVIDING FOR REPEAL OF ORDINANCE NO. 98-37, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112 , (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . 1 17111 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. , CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) i Ni1NOTICE OF INTENT TO CONSIDER ORDI H Notice Is hereby given that on June 11, 2013 in the Boardroom, 3rd Floor, Adminis- tration Building, Collier County Government Center, 3299 East Tarnlami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of the following County Ordinance. The meeting will commence at 5:00 A.M, The ti- tle of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- T',FLORIDA, RELATING TO THE COWER COUNTY VVATER-SEVVER DISTRICT'S IQ. WATER SYSTEM, PROVIDING FOR TITLE AND CITATION; PROVIDING FOR FINDINGS; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONNECTION TO SYSTEM; PROVIDING FOR DISCONTINUING SERVICE BY DIS- TRICT;PROVIDING FOR ANNEXATION OF DISTRICT SERVICE AREAS INTO M U N I C IPAUTIES; PROVIDING FOR INTERRUPTED, DISCONTINUED AND FAILURE TO DELIV- ER SERVICE; PROVIDING FOR SERVICE REQUIREMENTS; PROVIDING FOR METER RE QUIRENIENTS; PROVIDING FOR CROSS-CONNECTIONS PROHIBITED; PROVIDING FOR CONSTRUCTION SPECIFICATIONS; PROVIDING FOR MAINTENANCE BY USER; PRO VIDING FOR DISTRICT MAINTENANCE; PROVIDING FOR ADDITIONS OF CHEMICALS; PROVIDING FOR OWNERSHIP BY THE DISTRICT; PROVIDING USERS IQ WATER SYS TEM;PROVIDING FOR LIABILITY; PROVIDING FOR REPEAL OF ORDINANCE NO, 98- 37,AS AMENDED;PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any_agenda item must register with the County administrator prior to presentation of the agenda item to be addressed individual speakers Will be limited to 3 minutes on any item. In any ease, written intended ntended TO be considered by the Board shall be submitted to the appro- priate County staff a minimum of seven days prior to the public hearing. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment,located at 3335 Tarniarni Trail East, Building W, Naples, Florida 34112, (239) 252-8380.Assisted listening devices for the hearing impaired are available in the County Commissioners' Office BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ.,CHAIRWOMAN DWIGHT E. BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) May 31,2013 No. 1991027 I 1711 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/PUBLIC UTILITIES FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112-5749 REFERENCE : 059405 4 5 0 0 13 9 0 7 0 NOTICE OF INTENT TO CONSIDER ORDINANCE • 59721022 NOTICE OF INTENT z Notice is hereby given that on tune 11, 2013 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami enactment the ofollow following County Ordinance. The meeting will commence at 9:00 State of Florida A.M.The title of the proposed Ordinance is as follows: Counties of Collier and Lee AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA,RELATING TO THE COLLIER COUNTY WATER-SEWER DISTRICT'S Before the undersigned authority, perE IQ WATER SYSTEM,PROVIDING FOR TITLE AND CITATION;PROVIDING FOR FINDINGS;PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS;PROVIDING appeared Amy Davidson, says that she sea FOR CONNECT ION TO SYSTEM;PROVIDING FOR DISCONTINUING SERVICE BY DISTRICT; PROVIDING FOR ANNEXATION OF DISTRICT SERVICE AREAS INTO Inside Sales Supervisor, of the Naples I MUNICIPALITIES PROVIDING FOR INTERRUPTED,DISCONTINUED AND FAILURE TO DELIVER SERVICE; PROVIDING FOR SERVICE a daily newspaper published at Naples, : REQUIREMENTS; PROVIDING FOR METER REQUIREMENTS; PROVIDING FOR CROSS-CONNECTIONS PROHIBITED; PROVIDING FOR CONSTRUCTION SPECIFICATIONS;PROVIDING FOR MAINTENANCE County, Florida: distributed in Collier BY USER;PROVIDING FOR DISTRICT MAINTENANCE;PROVIDING FOR ADDITIONS Of CHEMICALS;PROVIDING FOR OWNERSHIP BY THE DISTRICT;PROVIDING USERS and Lee counties of Florida; that the ai IQWATERSYSTEM;PROVIDING FOR LIABILITY; PROVIDING FOR REPEAL OF ORDINANCE NO. 98-37, AS AMENDED; PROVIDING FOR CONFLICT AND copy of advertising was published in Sa. SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR PENALTIES;AND PROVIDING FOR AN EFFECTIVE newspaper on dates listed. DATE. Af f iant further says that the said Na] A copy of the proposed Ordinance is on file with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. News is a newspaper published at Naples NOTE: All Persons wishing to speak on any agenda.item must register with the Collier County, Florida, and that the s County administrator prior to dppresentation oonf the agenda item to be addressed. materiialsl intendedwto�bemconsideedr by the Board shall be In totthe newspaper has heretofore been continuou appropriate County staff aminmumofsevenda dayda and has been entered as second claS yspriortotccomm datioing. If you are a person with a disability who needs,any accommodation in order to matter at the post office in Naples, in .part icipate ina this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Collier County, Florida, for a period c Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.Assisted listening devices for,the hearing impaired are available in next preceding the first publication of the County commissioners office. attached copy of advertisement; and aff BOARD L °COUNTY,FLORDAISSI0NER5 further says that he has neither paid r GEORGIA A.HILLER,ESQ.,CHAIRWOMAN • promised any person, firm or corporatic DWIGHT E.BROCK,c�LERK discount, rebate, commission or refund 9y: MarthaVergara, eputyClerk purpose of securing this advertisement Mav312012 • publication in the said newspaper. No 14470" PUBLISHED ON: 05/31 AD SPACE: 88 LINE FILED ON: 05/31/13 Signature of Affiant 2JJ , l ,� r ,, I:3,. Sworn to and Subscribed be re me �, day of I '�- 20 /�, � �'� %I� , Personally known by me a i I ./.LAC' .- `�" � ., .,,..17.-i,, * MY C0 "vilS3ION LE 8:317.38 1 I EXFRESNovembert5,`014!, (,, . . fiof r*P.e Bcnded Thru Plchard Insurance Aoncy 1 -_ - , 111 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 1-1 t :' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 6/25/13 4. BCC Office Board of County G �{ OJR 412.43 Commissioners 5. Minutes and Records Clerk of Court's Office r j2 p ( (3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact informations is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Danette Kin szczuk,Manager, Irrigation Phone Number 252-6284 Contact/ Department Quality Agenda Date Item was 6/25/13 Agenda Item Number 17-H Approved by the BCC Type of Document IQ Water System Ordinance-Resolution Number of Original One of each Attached authorizing Chair to sign Major User Documents Attached Agreements LOS PO number or account n/a © -D 2b 4�j-�0 number if document is Q to be recorded ITOlt(-t\C" _ INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time he item is input into SIRE. Some documents are time sensitive and require forwarding Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware your deadlines! 8. The document was approved by the BCC on 6/25/13 nd all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by e SRT 6 BCC,all changes directed by the BCC have been made,and the document is ready or the c- Chairman's signature. 7 IT I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised(1/30/12 17H MEMORANDUM Date: July 2, 2013 To: Danette Kinaszczuk, Manager IQ Water/Wastewater Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2013-140: Authorizing the Chairwoman of the Board of County Commissioners to sign major IQ Water User Agreements Attached for your records is a copy of the resolution referenced above, (Item #17H) adopted by the Board of County Commissioners on Tuesday, June 25, 2013. The Minutes and Records Department has held the original for the Board's Official Record. If you need anything further regarding this item please feel free to contact me at 252-8406. Thank you. Attachment IIH Ma,� RESOLUTION NO. 2013-14 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIR TO EXECUTE IRRIGATION QUALITY WATER MAJOR USER AGREEMENTS FOR A TIME CERTAIN WITHOUT FURTHER BOARD ACTION, PROVIDING AUTHORITY, PROVIDING A TERM, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 25, 2013, the Collier County Board of County Commissioners adopted Collier County Ordinance No. 2013-4 8 , relating to the Collier County Water-Sewer District ("District") Irrigation Quality ("IQ") Water, which among other matters requires Users to enter into Agreements with the District for the sale and purchase of IQ Water; and WHEREAS, on June 11, 2013, the Collier County Board of County Commissioners approved a standardized format for the Major User Agreement for Delivery and Reuse of IQ Water to be utilized by all of the Major Users of the District's IQ Water; and WHEREAS, it is anticipated that the Major Users of IQ Water will be renewing their existing User Agreements with the new Major User Agreement over a period of time that may extend up to three years; and WHEREAS, it is in the public's interest and to the public's benefit if the Board of County Commissioners authorizes its then sitting Chair of the Board to administratively execute the new Major User Agreements as they are brought forward by Staff without further Board approval or action after execution by the several Major Users until all Major Users that are being provided with IQ Water service are under the terms, conditions, responsibilities and liabilities of the new Major User Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY FOR COLLIER COUNTY AND EX OFFICIO GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT THAT: 1. The above recitations are adopted by the Board as being true and accurate, and as such, are hereby incorporated herein as if set out in this Paragraph at length. 2. The Board hereby authorizes its then sitting Chair of the Collier County Board of County Commissioners and Collier County Water-Sewer District to administratively execute the new Major User Agreements for District IQ Water purchase without further Board approvals or action as they are brought forward after execution by the Major Users. Page 1 of 2 17H r41 3. This authorization will only apply to the Major User Agreement in the standardized format as adopted by the Board on June 25, 2013, subject to site specific references clarified in the Special Provisions section of the Agreement. Any substantive changes, revisions or amendments to the uniform front end provisions of the Major User Agreement prior to the expiration of this Resolution will automatically void the authorization as granted herein by the Board. 4. This authorization will extend for the period of three years from the Effective Date of this Resolution, and will expire automatically on that date, unless previously voided. 5. This Resolution will take effect immediately upon its adoption by a simple majority of the Board sitting in Regular Session at an open, advertised public meeting. This resolution adopted after motion, second, and majority vote favoring same this 255 ' day of June, 2013. ATTEST: BOARD OF COUNTY COMMISAIQNERS OF DWIGHT E. BROCK, CLERK COLLIER, FLORIDA, A I At tX OFFICIO THE GOVERNING BOARD OF -THE COLLIER; Pr, } COUN Y AT: '-SE R DIST . • 4:1. ttt�ttcs>'�` By , By A Attest as t Cha' r D " �� + GEO`� w LLER, ESQ. Irlltatt3r'` ` CHAIRWO � signature only. . ;w Approved as to form and legality: fgreir Scott R. Teach Deputy County Attorney Page 2 of 2 17H ORDINANCE NO. 2013 - 48 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, RELATING TO THE COLLIER COUNTY WATER-SEWER DISTRICT'S IQ WATER SYSTEM, PROVIDING FOR TITLE AND CITATION; PROVIDING FOR FINDINGS; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONNECTION TO SYSTEM; PROVIDING FOR DISCONTINUING SERVICE BY DISTRICT; PROVIDING FOR ANNEXATION OF DISTRICT SERVICE AREAS INTO MUNICIPALITIES; PROVIDING FOR INTERRUPTED, DISCONTINUED AND FAILURE TO DELIVER SERVICE; PROVIDING FOR SERVICE REQUIREMENTS; PROVIDING FOR METER REQUIREMENTS; PROVIDING FOR CROSS-CONNECTIONS PROHIBITED; PROVIDING FOR CONSTRUCTION SPECIFICATIONS; PROVIDING FOR MAINTENANCE BY USER; PROVIDING FOR DISTRICT MAINTENANCE; PROVIDING FOR ADDITIONS OF CHEMICALS; PROVIDING FOR OWNERSHIP BY THE DISTRICT; PROVIDING USERS IQ WATER SYSTEM; PROVIDING FOR LIABILITY; PROVIDING FOR REPEAL OF ORDINANCE NO. 98-37, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 12, 1998, the Board of County Commissioners (Board) adopted Ordinance No. 98-37, The Collier County Reclaimed Water System Ordinance, to govern policies, procedures and conditions regarding the use of the Collier County Water Sewer-District's (District) IQ Water Program; and WHEREAS, the Board subsequently amended Ordinance No. 98-37 through its adoption of Ordinance No. 99-35 and Ordinance No. 99-55; and WHEREAS, the Board now desires to amend provisions of Ordinance No. 98-37, as amended, 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, IQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water sources and providing alternative water supplies for beneficial uses; and WHEREAS, 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; and WHEREAS, when a water reclamation facility permittee reuses reclaimed water or disposes of effluent using property owned by another party, a binding agreement between the involved 1 17H parties is required to ensure that construction, operation, maintenance, and monitoring meet the requirements of Chapters 62-600, 62-620 and 62-610, Florida Administrative Code (FAC); and WHEREAS, the water reclamation facility permittee shall retain primary responsibility for ensuring compliance with all applicable requirements of the FAC for efficient disposal. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,that: SECTION ONE: TITLE AND CITATION. This Ordinance shall be known as and may be cited as "The Collier County Water-Sewer District IQ Water Ordinance." SECTION TWO: FINDINGS. The Board of County Commissioners hereby makes the following findings: A. That Sections 403.064(1) and 373.250(1), F.S., establish the encouragement and promotion of water conservation and Reuse of IQ Water as State objectives and that water conservation and Reuse are in the public interest. B. That FAC, Rule 62-610.320 (1) (b) requires that when water reclamation facility permittee reuses IQ Water or disposes of effluent using property owned by another party, a binding agreement between the involved patties is required to ensure that construction, operation, maintenance, and monitoring meet the requirements of Chapters 62-600, 62-620, and 62-610, F.A.C. Such binding agreements are required for all reuse or disposal sites not owned by the permittee. The permittee shall retain primary responsibility for ensuring compliance with all applicable requirements of the Florida Administrative Code for efficient disposal. C. That FAC, Rule 62-610.491 (1) (c) requires that as part of the wastewater reclamation facility permit application, the applicant shall submit documentation of controls on individual users of IQ Water through detailed agreements or by local ordinance. D. That the Collier County Water-Sewer District's (District's) IQ Water System meets the criteria of a slow rate land application system with public access as defined by Florida Administrative Code, Rule 62-610.450. E. That the establishment and maintenance of an IQ Water System Ordinance is required by Florida Administrative Code, Rule 62-610.469. F. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. 2 17H G. References to Federal, State and local rules and regulations are those then in effect at the time of the adoption of this Ordinance and which may be amended or revised from time to time by the respective regulatory body and will be incorporated herein by reference upon their adoption. SECTION THREE: INTENT. It is the intent of the District to make IQ Water available for irrigation and other authorized uses. The IQ Water System (System) shall be developed in accordance with the IQ Water Policy (Policy) and the IQ Water Master Plan (Master Plan). SECTION FOUR: DEFINITIONS. For purposes of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The words "shall," "will," or"must" are always mandatory and not merely discretionary. Allocation shall mean the minimum amount of IQ Water allocated to a Major User through an executed Major User Agreement. The Allocation will be based on availability and the IQ Water Application Rate, expressed in million gallons per day (MGD) and delivered over a twenty four (24)hour period. Applicant shall mean any property owner or owner's agent (written evidence is required of Designated Agent's/Officer's authority to execute legal documents for property owner) person or entity that is requesting IQ Water service from the District for their use or on behalf of an IQ Water User and is authorized to enter into a District User Agreement. Approved Backflow Preventer shall mean a mechanical assembly that has been approved to prevent backflow and back-siphonage to the District's water systems including the IQ Water System. Available IQ Water shall mean an amount of IQ Water, above and beyond the amount required to meet existing User demand during the low flow/high demand period, as determined by the District. Basic User shall mean an IQ Water User that uses less than 0.1 MGD of IQ Water expressed on a twenty four (24) hour flow basis. This classification of User must enter into a Basic User Agreement. Basic Users may receive Pressurized or Pressurized and Distributed service. Basic User Agreement (BUA) shall mean a written contractual agreement between the District and the Basic User through which the Basic User agrees to abide by all rules and regulations pertaining to IQ Water use. These agreements are required by the State per Section 62-610.320 (1) (b), F.A.C. Board of County Commissioners of Collier County, Florida (Board) shall mean the governing body of Collier County as the ex officio Governing Board of the Collier County Water-Sewer District. 3 17H Bulk Service shall mean a service level in which individually metered Users: (a) have a Major User Agreement for Delivery and Reuse of IQ Water, (b) receive service that may be provided with minimum pressure, (c) agree to receive a IQ Water Allocation on an annualized daily basis throughout the calendar year, (d) provide IQ storage facilities on their property, (e) are responsible for their IQ Water system beyond the District's designated Point of Delivery, and (f) agree to use IQ Water in lieu of potable water for irrigation or other permitted uses. Collier County Water-Sewer District (District) shall mean the Independent Special District within Collier County that is defined by Special Act, Chapter 2003-353, Laws of Florida; as such Act may be amended from time to time. Cross-Connection shall mean any physical arrangement whereby the District's public water system is connected, directly or indirectly, with any other water supply, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to the public water system, as the result of backflow. By-pass arrangements, jumper connections, removable sections, swivel or changeable devices, or other temporary or permanent devices, through which or because of which, backflow could occur are considered to be cross-connections unless otherwise specified within this Policy or other related District documents. Customer shall mean an IQ Water User that is physically connected to the IQ Water System and has a real and present availability for service (Delivery of IQ Water) regardless of actual use, and shall include both Basic and Major Users. FDEP shall mean the Florida Department of Environmental Protection. Force Majeure shall include but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, acts of any public enemy, wars, blockades, riots, acts of armed forces, epidemics, delays by carriers, inability to obtain materials or rights-of-way on reasonable terms, acts or failures to act by regulatory authorities, or the unavailability of necessary resources that are beyond the reasonable control of the District to provide IQ Water to Users. IQ Water 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. IQ Water Application Rate (IQWAR) shall mean the irrigation application rate generally recommended by the Water Management Districts, and adopted by the District, currently three- quarters to one inch per irrigated acre per week. As an example, a User with a parcel of land that has 100 acres of irrigable area, at the rate of 1-inch per week, will provide a maximum application rate of 387,900 gallons per day of IQ Water expressed on an average annual daily flow basis (100 acres x 43,560 ft2 per acre x 1 inch per week /12 inches/foot x 7.48 gallons per cubic foot /7 days/week= 387,900 gallons/day). 4 �� i 17H IQ Water Ordinance shall mean Ordinance 2013- which repealed and replaced Ordinance No. 98-37, as amended. IQ Water Policy (Policy) shall mean the Policy as approved by the Board which outlines the IQ Water program in terms of purpose, vision, mission, guiding principles, definitions, rates, conservation, master planning, and operational guidelines. The Policy gives guidelines for the optimization of available water resources and meeting the irrigation needs or other approved uses, of customers in an economically and environmentally sustainable manner, through the use of IQ Water. IQ Water Rates shall mean the rates in dollars and cents charged by the District for IQ Water service as established by the Board in Ordinance No. 2001-73, as amended, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance. IQ Water Service Area shall mean the geographic area within the District boundary where IQ Water is or will be furnished in accordance with the prioritization and decision criteria included in this Policy and subsequent master planning. IQ Water System (System) shall mean all District owned elements that function to convey and distribute IQ Water including all land and easements, buildings and structures, transmission and distribution pipes, reservoirs, supplemental water supply production and pumping facilities, metering equipment, equipment and machinery, and other appurtenances necessary to provide IQ Water to Users. The System does not include the deep injection wells located at the Water Reclamation Facilities used for wastewater effluent disposal. IQ Water User shall mean any existing entity receiving IQ Water at the time of the Effective Date of this Ordinance; such as a single family homeowner, golf courses, homeowner associations, condominium associations or other associations with the legal authority to make binding determinations on behalf of the association, its members, its unit owners, or the shareholders of such association, corporations, or owner(s) of developed property. (See: Exhibit A for a list of existing Major Users, their calculated minimum IQ Water Allocations and historical average IQ Water use). Major User shall mean an IQ Water User that uses or has an allocation greater than or equal to 0.1 MGD of IQ Water expressed on a twenty four (24) hour flow basis. This classification of User must enter into a Major User Agreement and may receive Bulk or Pressurized Service. (See: Exhibit A). Major User Agreement (MUA) shall mean a written instrument between the Major User and the District, by which the Major User agrees to abide by all rules and regulations pertaining to IQ Water, designates a minimum Allocation, designates a Point of Delivery, designates areas where IQ Water will be used, and other contractual obligations. These agreements are required by the State per Section 62-610.320 (1) (b) F.A.C. Master Meter, shall mean a radio read or other water meter that measures the total gallons of water that flows through such meter to measure the cumulative water being served to a specific project, development or portion(s) thereof and which has many separate end users being served by such 5 i 17H master metered water (as distinguished from a water meter that measures flow of water to separate end use customers or end use water customer units). Point of Delivery (POD) shall mean the location where the Districts IQ Water System is physically connected to the Users IQ Water system and represents where the District's responsibility ends and the User's responsibility and liability begins. In Major User Agreements it will be defined and identified in an exhibit. In certain identified Major User Agreements the POD will be where the IQ Water line enters onto the Major User's property boundary. The POD for Basic Users, unless otherwise specified, will be at the point where the downstream section of the meter assembly goes into the ground on the User's side of a meter. Pressurized Service shall mean the service level in which Users are (a) individually or master metered; (b) receive IQ Water under pressure at the POD; (c) are responsible for the distribution of IQ Water downstream of the individual or master meter(s); (d) agree that the District will not be responsible for the water pressure and system maintenance downstream of the POD. Pressurized and Distributed Service shall mean the service level at which Users (a) are either individually or master metered; (b) receive IQ Water under pressure; (c) whose IQ Water System is maintained by the District beyond the boundaries of the master community up to the individual or master meter; (d) are responsible for the distribution of IQ Water to irrigable areas downstream of the master or individual meter; (e) are solely responsible for the water pressure and IQ Water System maintenance downstream of the POD. Reuse shall mean the deliberate application of IQ Water, in compliance with the Florida Department of Environmental Protection (FDEP) and South Florida Water Management District (SFWMD) rules, for a beneficial purpose. SFWMD shall mean the South Florida Water Management District. Supplemental Water Supply shall have the same meaning as Alternative Water Supplies per subsection 373.019(1), Florida Statutes, (Note that per Ordinance No. 2004-31, as amended, Supplemental Water is non-potable ground water, stormwater, or surface water). Unincorporated Area shall mean all geographic areas within Collier County not within the geographic boundaries of any municipal corporation as of June 26, 2003, the effective date of Chapter 2003-353, Laws of Florida, a Special Law. In the context of IQ Water and these policies, all geographic areas incorporated as a municipal corporation shall thereby be deemed to be within geographic boundaries of that municipality. Also all areas annexed into a municipal geographic corporation after the effective date June 26, 2003, shall thereby be classified as being "incorporated" unless such geographic area, by inter-local agreement pursuant to Section 171.204, Florida Statutes (as now exists or hereafter amended and/or renumbered by the Florida Legislature), excludes such annexed geographic area as an unincorporated enclave and, being an inter-local agreement enclave, shall remain classified as "unincorporated" (not being within the geographic boundaries of the municipality). User Agreement shall mean the Basic User Agreement or the Major User Agreement, or both Agreements, as applicable. 6 I 17H Water Resource Caution Area shall mean a geographic area identified by a water management district as having an existing water resource problem or an area in which water resource problems are projected to develop during the next 20 years. Wastewater Director shall mean the District individual responsible for the technical and operational activities of the District's IQ Water program. SECTION FIVE: CONNECTION TO SYSTEM. A. All Users connected to the System shall enter into a User Agreement with the District. Users with usage greater than or equal to .1 MGD must enter into a written Major User Agreement. Users with usage less than .1 MGD must enter into a Basic User Agreement. B. Customers in designated service areas may connect to the System where the ability to deliver IQ Water exists and the District has determined that sufficient IQ Water is available to be delivered; and upon District approval of a properly submitted application which is compliant with all applicable laws, rules, and regulations. With the exception of District Utility Facilities, all Customers will be charged the applicable published rates, fees and charges for delivery of the IQ Water. C. (i) The residential areas of the Planned Unit Developments that currently have IQ Water infrastructure, including both mains and service lines and that currently receive pressurized and distributed service (Pelican Bay and Pelican Marsh) are grandfathered and exempted from the following provision (ii) The District will not add any additional Users to the IQ Water System until it can be reasonably determined by the District that a sufficient quantity of IQ Water is available during the low flow/high demand period for additional Users, and that the addition of such Users will not reduce the District's delivery of the contracted volumes of IQ Water to existing Users. (iii) 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, or 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 to the 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. (iv) Any substitution or offset credits earned by the User by utilizing IQ Water will be conveyed to the District by the User receiving such credits. SECTION SIX: DISCONTINUING SERVICE BY DISTRICT. A. The District may suspend IQ Water service to any User due to violation(s) of any provision(s) of Collier County Ordinances, Federal, State, or District regulations or policies, or the User Agreement, for non-payment of fees and charges for delivery of IQ Water, for tampering with any service, for cross-connection with any other water source, or for any reason when the District 7 0 171-I finds that continuation of service has the immediate potential to be detrimental to the District's potable water, wastewater, or IQ Water utility systems, the environment, or the health, safety, and welfare of the public. B. If the violation may result in an immediate harm to persons or property, the District will cease and suspend service until the violating condition is corrected and all costs due to the District have been paid in full. These costs may include past due bills and penalties, connection charges, payment for any damage caused to the System, together with any charges established on the basis of the expenses incurred in the disconnection and restoration of service, which shall be non-discriminatory in its application. The User shall be provided written notice of violations to include what is required to return to compliance, and shall be provided a reasonable amount of time to cure the violation. Should suspended service be restored by the User without written authorization from the District, the District shall immediately remove the IQ Water service lines, and all associated additional charges for the District work will be borne by the User. Authorized service restoration is not guaranteed and will be made solely at the reasoned discretion of the District. C. Failure to enter into and maintain an executed User Agreement, including the acceptance of all amendments and modifications thereto with the District, will result in the discontinuance of IQ Water service. SECTION SEVEN: ANNEXATION OF DISTRICT SERVICE AREAS INTO MUNICIPALITIES. The annexation of any areas into a municipal corporation after the effective date designated in Chapter 2003-353, Laws of Florida, does not remove any such annexed area from the District's geographic boundaries. If the District is providing any part or all of such annexed area with IQ Water, the District upon such annexation shall not be obligated to continue to supply IQ Water to such annexed area except to the extent that the District is then contractually obligated to continue to supply such area with IQ Water pursuant to a Major User Agreement. If the District is providing IQ Water to any geographical area and any other purveyor of water or wastewater service should expand its service area to include such geographical area the District shall not be obligated to continue to supply IQ Water to such area except to the extent that the District is then contractually obligated to continue to supply such area with IQ Water pursuant to a Major User Agreement. SECTION EIGHT: INTERRUPTED, DISCONTINUED, SUSPENDED AND FAILURE TO DELIVER SERVICE. A. The District shall not contractually allocate more IQ Water than can reasonably be made available during the low flow/high demand period as determined by the District. The amount of IQ Water available for allocation to Major Users will be determined as follows: 1. The lowest daily flow of wastewater influent available for treatment; 2. Plus: the daily reliable flow from Supplemental Water Supplies; 3. Minus: the Basic and Pressurized Users maximum month average daily demand. 8 i 1 7 H B. The District may interrupt or temporarily suspend or discontinue service to any portion of, or the entire IQ Water System as may be deemed necessary and appropriate by the District or as required by any regulatory authority or designee. C. The District will not be liable to Users for failure to deliver IQ Water if certain situations beyond the reasonable control of the District preventing delivery exist, such as, but not limited to: (1) unavailability of source water due to a loss or lack of influent to the wastewater reclamation facilities; (2) process failure; (3) noncompliant IQ Water; (4) equipment or material failure in the System, including failure of storage or pumping; (5) routine or emergency System or treatment facility repair or maintenance; (6) Force Majeure incidents or occurrences that makes it impossible, impractical or limits the ability of the District to provide IQ Water. D. At times, IQ Water demand may exceed the IQ Water supply. During these events, IQ Water service will be restricted and apportioned per District operating protocols, which will be published within six (6) months from the adoption of this Ordinance. The operating protocols shall provide that any reduction in supply to an existing User shall be applied on a prorated basis unless there is a physical reason why the existing Users cannot be treated equally. E. The District has the necessary facilities and capability to augment the District's System with certain non-potable water resources in order to enhance the application of IQ Water with Supplemental Water for irrigation or other approved purposes. All aspects of the District's use of such Supplemental Water to enhance the System, such as timing, volumes, blending, distribution, and pricing will be exclusively at the District's considered discretion. Supplemental Water shall be utilized for the benefit of all IQ Water Users. SECTION NINE: SERVICE REQUIREMENTS. A. By accepting IQ Water service, all Users agree that the User (1) has read Ordinance No. 97-33, as amended; (2) shall accept the IQ Water delivered by the District without warranty beyond the regulatory Compliance Points for federal, state and local requirements for quality, and will use the IQ Water only for approved uses on the User's property pursuant to all local, State, and Federal regulations; (3) shall not discharge IQ Water directly into the waters of the State without written authorization from the SFWMD and the FDEP, which written authorization shall be submitted to the District prior to discharging directly into waters of the State; (4) shall be responsible for the payment of the rates, fees, and charges as adopted by the District for the provision of IQ Water service per Ordinance No. 2001-73, as amended; (5) agrees that the District has the authority to impose conservation-based rates and/or interrupt service to customers that use IQ Water in excess of the Allocation or IQ Water Application Rate of the respective User; and (6) agrees that the District will not be held liable for damages that may occur to vegetation or other damages that occur due to uses of IQ Water. B. No new connection to the System or intended use shall be permitted without an executed written User Agreement between the District and the User. Users without existing or expired User Agreements must enter into a User Agreement upon the request of the District in order to continue to receive IQ Water Service. Any User that fails to enter into a User Agreement with the District will have IQ Water Service discontinued within thirty (30) days after written notification by the District to the User of the District's intent to discontinue the User's service. 9 0 17H C. Approvals from all relevant regulatory authorities and the District shall precede all connections to the System. IQ Water service will be discontinued if User does not comply with all applicable rules, laws, and regulations for the application of the IQ Water. D. Users of the IQ Water shall consent to the reasonable entry upon the property using IQ Water or property containing any portion of the System infrastructure owned by the District. Such entry shall ordinarily be for the purposes of reviewing the operation and condition of the System, for inspection of infrastructure, sampling at monitoring wells, or meter reading. User also consents to the District employees or Districts representatives conducting cross connection inspections, or site compliance inspections that may include the operation of private IQ Water facilities, such as private irrigation systems. At the request of the District and as a condition of service, Users shall consent to the reasonable installation, sampling, and maintenance of monitoring wells associated with the System. The User waives all rights to receive any further notice from the District of entries conducted pursuant to this Ordinance, and indemnifies the District, its agents and employees from any and all claims, damages,judgments and expenses incurred by the District as the result of the Users discharge or use of IQ Water in violation of any of the terms of this Ordinance or applicable laws, rules or regulations. E. Applicants shall at its sole expense, obtain and fulfill all requirements of all the necessary permits, licenses, conditions, and approvals for any construction and operation of the Users IQ Water system. F. IQ Water Service will be provided to Applicants as described in the IQ Water Policy. G. Any and all adjustments to Users IQ Water system required by changes in law shall be completed within the time period defined by the regulatory authority requiring such changes at the Users expense. H. The District will recognize that portions of IQ Water may continue to be used for environmental mitigation purposes. I. IQ Water may also be used for non-irrigation purposes, such as cooling towers. Non- irrigation uses for IQ Water must meet all of the requirements of 62-610 F.A.C. and be approved by the District. All cooling towers will be required to install a redundant connection to another water source and applicable backflow prevention devices. SECTION TEN: METER REQUIREMENTS. All connections to the System shall be metered. At the time of connection of the Applicant's property to the System, the Applicant will be responsible for the full cost of installation of the meters and all appurtenances thereto (collectively referred to as the "meter") and such facilities shall be dedicated at no cost to the District in accordance with applicable Collier County Ordinances. Replacement meters will be installed by the District at the District's discretion and expense. Costs associated with meters replaced at the request of the User will be paid for by the requesting party and dedicated at no cost to the District. A. The District shall install new meters less than or equal to two (2) inches in size. 10 Cn 17H Associated costs for the meter and its installation will be paid by the User per Ordinance No. 2001- 73, as amended. B. New meters greater than two (2) inches in size will be installed by the Applicant in coordination with District regulations. The Applicant must submit an application for an IQ Water meter and install the meter and associated infastructure in accordance with District requirements and specifications under the direct physical supervision of a District representative. All costs associated with the installation of the meter to include District expenses will be paid by the User. Any User that connects to any part of the System without direct physical supervision by a District representatives will have all IQ Water service being provided immediately terminated. Upon the finding of an improperly or unauthorized meter installation will constitute a violation of this Ordinance and shall be subject to all fines and costs in addition to the penalties as set out herein. SECTION ELEVEN: CROSS CONNECTIONS PROHIBITED. A. No Cross Connections shall be permitted. Any Cross Connection constitutes a violation of this Ordinance and shall be subject to fines and costs as identified in Ordinance No. 2001-73, as amended. B. 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. 97-33, as amended. C. 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 test the private irrigation or other system of any User receiving IQ Water for the purpose of performing cross connection inspections. D. (i) If a Cross Connection is found, the District will immediately suspend IQ Water service to a User upon the confirmation of a Cross Connection with the District potable water system. IQ Water service will be reinstated only upon (a) the removal of the cross-connection together with any additional 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 this Ordinance by the User 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. (ii) The Users will be responsible for all costs incurred by the District and the User, resulting from the Cross Connection. These costs include, but may not be limited to: 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. E. Any additional requirements for Cross Connection regulation may be further set out in the individual User Agreements as may be necessary for the User. 11 CP 17H SECTION TWELVE: CONSTRUCTION SPECIFICATIONS. All IQ Water connections shall meet the following specifications: A. Prior to connection, all requirements of Florida Administrative Code, Ordinance No. 2004-31, as amended, and all other relevant District requirements in existence at the time of connection, shall be fully met. B. New above ground hose bibb connections shall not be made unless the User has a written documentation of inspection and approval by the FDEP as required by 62-610.469(3), F.A.C. Such documentation must be received and approved by the District prior to any hose bibb installation. SECTION THIRTEEN: MAINTENANCE BY USER. A. Except to the extent, if any, and clearly and expressly articulated in a User 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. The District may disconnect IQ Water service to any User in the event any part of the User's system is not being maintained to the standards specified in Ordinance No. 2004-31, as amended. In addition, should the User require IQ Water at different pressures, different quality, or in any way different from that which is supplied by the District, the User shall be responsible for any necessary devices for making these adjustments and obtaining approval from the District. If such changes are made supplementing the quality or pressure(s) from the District, the District shall not be held liable and the User will hold the District harmless from any and all claims for damages to persons or property as the result of the application of User's modifications to the District's standard IQ Water. B. The User shall take reasonable precautions, including signs, labeling, and color- coding to prevent confusion between IQ Water and other water sources. All costs associated with the reasonable precautions will be borne solely by the User. SECTION FOURTEEN: DISTRICT MAINTENANCE. A. Except to the extent, if any, and clearly and expressly specified in a User Agreement to the contrary, the District shall own and be responsible for all repairs and maintenance and associated costs for operating the System upstream of the designated POD. B. The District will not own, operate, maintain, or be deemed to be in possession or control of the Users IQ Water system downstream of the POD unless specified in a User Agreement. C. No person shall perform any work, nor be reimbursed for any work, on the District's System, without written authorization from the District prior to work commencing. D. The District will make every effort to inspect, maintain and keep its facilities in good and serviceable repair, but assumes no liability for any damage caused by the System that is beyond 12 GP 17H the reasonable control of normal maintenance. These situations include, but are not limited to: damage due to the breakage of pipes, diminished water quality due to unauthorized or illegal introduction of foreign material into the System by others that is beyond the reasonable control of the District, or other similar incidents. E. The District will not provide additional treatment to the IQ Water beyond the compliance points located at the Water Reclamation Facilities. F. The District has the right, but not a duty, to reasonably operate or regulate the User's private system if it is found by the District to be necessary for the health, safety, and welfare of the public. G. The Users' denial of access of an authorized District representative to a property receiving IQ Water for the purpose of conducting any inspections shall constitute a violation of this Ordinance and may constitute grounds for the immediate discontinuation of IQ Water service by the District. SECTION FIFTEEN: ADDITIONS OF CHEMICALS. A. Users' addition of any chemicals to the District's System is strictly prohibited. B. Any User adding or otherwise placing chemicals into the User's IQ Water system must first install, test, and maintain an approved and appropriate backflow prevention assembly per Ordinance No. 97-33, as amended. All backflow prevention devices must be tested annually per Ordinance No. 97-33, as amended. Written documentation for the installation, maintenance and testing of the backflow prevention device(s) must be provided to the District within ten (10) business days following the installation, maintenance or testing of the device(s). C. All algaecide applications to IQ Water storage ponds shall be completed per manufacturers' specifications. SECTION SIXTEEN: OWNERSHIP BY THE DISTRICT. A. No private IQ Water facilities will be installed or accepted by the District for ownership, operation and maintenance, with the exception of certain meters as provided for in this Ordinance. B. The District's utility easements and dedicated public rights of way do not indicate acceptance of or ownership by the District of any User's infrastructure that may be placed into the District easement or right of way. C. No District IQ Water facilities will be installed by an Applicant and accepted by the District for ownership operation and maintenance, unless the facilities are located in a dedicated public right of way, a County Utility Easement (CUE) or a Perpetual Utility Easement (PUE). Any new easement shall be adequately sized to accommodate construction and maintenance of all System components. No obstruction of any kind shall be planted, built, or otherwise created within the limits of the utility easement or right of way without prior written authorization from the District. 13 bJ 17H D. If IQ Water infrastructure is to be conveyed to the District, the User shall submit all documents as are required for the dedication of private facilities to the District as specified in Ordinance No. 2004-31, as amended. SECTION SEVENTEEN: USER'S IQ WATER SYSTEM. A. The Applicant shall, at its sole expense, construct all necessary transmission mains; re-pump stations and appurtenant improvements for transmitting IQ Water from the District's System to the User's system. The Applicant shall, at its sole expense, construct all necessary on-site IQ Water system facilities such as pipes, storage facilities, and drip, spray or sprinkler facilities. B. Users may apportion their monthly charges paid to the District for IQ Water Service to its internal users, pursuant to Ordinance No. 2001-73, as amended. SECTION EIGHTEEN: LIABILITY. The District shall not be liable for any claims for damages to the User's property or persons thereon as the result of the use of District IQ Water, provided that the quality of the IQ Water at the Compliance Points has been treated and meets all standards as required by all applicable federal, state, and local rules, laws and regulations. SECTION NINETEEN: REPEAL OF ORDINANCE NO. 98-37, AS AMENDED. Collier County Ordinance No. 98-37, The Collier County Reclaimed Water System Ordinance, and all amendments thereto, are hereby repealed in its entirety. SECTION TWENTY: CONSTRUCTION AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public's health, safety, welfare, or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION TWENTY-ONE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or any other appropriate word. SECTION TWENTY-TWO: PENALTIES. 14 17H Unless another penalty is specifically provided for herein, any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided for by Section 125.69, Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance, before the Special Magistrate or in the Circuit Court of Collier County. SECTION TWENTY-THREE: EFFECTIVE DATE. This Ordinance shall become effective upon being duly filed with the Secretary of the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this the .$1°6 day of 'Z't,iti F„ , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS OF; , DWIGHT E. BROOK, CLERK COLLIER, FLORIDA, AN A,$ RX'OFFICIO THE • ? pn GOVE' ING OARD ' THE COLLIER COUNTY_ WATE' -S W R DIS ' CT • By. De ►w ' � By.GEORGIA A. HILLER, ESQ. Attest as to:Chairntan's2 CHAIRWOMAN signature only. Approved as to form and legality: Scott R. Teach Deputy County Attorney UAL' 15 17H v. Exhibit A Minimum Historical Major User Allocation Average Use (GPD) (GPD) 1 Audubon Golf& Country Club 405,679 760,692 2 Autumn Woods Community Association Inc. 90,508 273,756 3 Beachwalk Residents Association 103,955 138,424 4 Calusa Bay 147,399 88,456 5 Collier County Facilities Management Department 113,200 78,556 6 Collier County Parks&Recreation Department(NCRP &Vineyards) 165,869 308,204 7 Collier's Reserve Country Club Inc. 206,080 303,665 8 Countryside Golf& Country Club 257,600 141,016 9 Foxfire Community Association of Collier County 374,035 450,241 10 Glades Golf& Country Club 756,388 487,631 11 Hibiscus Golf Club 257,600 395,981 12 Imperial Golf Club Inc. 360,640 326,460 13 LaPlaya Golf Club 225,821 466,436 14 Lakewood Country Club of Naples 186,200 92,326 15 Lakewood Community Services Inc. 400,000 467,566 16 Lely Resort Golf& Country Club 618,240 1,036,119 17 Lely Community Development District 772,800 898,694 18 Riviera Golf Club 119,905 170,961 19 Royal Palm Country Club of Naples Inc. 426,681 247,111 20 Tarpon Cove Community Association 77,578 132,665 21 The Club Pelican Bay 257,600 415,908 22 Vineyards Development Corporation 772,800 1,148,998 23 Windstar on Naples Bay 199,842 353,672 i 17 H 1 STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit , Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-48 which was adopted by the Board of County Commissioners on the 25th day of June, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of July, 2013 . DWIGHT E. BROCK Clerk of Courts ar}d C efk Ex-officio to Board (5"f--- -, County Commissi5nefs- s _ ill By: Martha Vergara', Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP AIR/— TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I �./ • THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1(aq-- Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the(Luny s.ttorney t It five at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the( punt) kttorn tt i nF o later than Monday preceding the Board meeting. ° {4, it ,I **NEW** ROUTING SLIP jjj,,, A ; Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office Route to Addressee(s) (List in routing order) Office Initials Date 1. Scott R. Teach, Deputy County Atty. County Attorney SR 1/445 County Attorney Office 2. BCC Office Board of County A21- ,‘\-- Commissioners \4/ 3. Minutes and Records Clerk of Court's Office m t fr2-for t5 311-Nln PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the es enl une ot the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252- 780 Contact/ Department _ Agenda Date Item was 6/25/2013 Agenda Item Number I711 Approved by the BCC , Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached Beachwalk Residents Association. Inc. Major user Agreement — PO number or account 414-263614-649030-744012.5.2 RECORDING DORM number if document is 1 All ACHED to be recorded I , INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, NSA provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N A Office and all other parties except the BCC Chairman and the Clerk to the Board _ 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM "A.1 ,not during the meeting have been incorporated in the attached document. The County .'>?Toot rfor Attorney's Office has reviewed the changes, if applicable. ---' li r.• 9. Initials of attorney verifying that the attached document is the version approved by the J0101 BCC, all changes directed by the BCC have been made, and the document is ready for the /� `pivh fox Chairman's signature. -- itne.._____ 1 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip W WS Original 9.03.04,Revised 1.26 05,Re',ised 2 24.05:Revised I I Sti 12 Memorandum 17H h TO: Minutes : Records Management FROM: e ni Mott, Real Property Management DATE: January 16, 2015 RE: Beachwalk Residents Association, Inc. Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H, the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Nance's signature as Chairman on the Major User Agreement for Beachwalk Residents Association, Inc. Once the attestation is complete, a Recording Form is attached to complete the transaction. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! INSTR 5078007 OR 5115 PG 3000 RECORDED 1/28/2015 10:00 AM 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 THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is made and entered into this ici`' day of ` . c.. , 20 Pt by and between Beachwalk Residents Association, Inc., a Florida non-profit corporation, whose mailing address is c/o Management By Association, Inc. 187 Forest Lakes Blvd. Naples, Florida 34105 (hereinafter referred to as "User") and the Collier District Water-Sewer District (hereinafter referred to as "District"), collectively, the Parties hereto ("Parties"). This Agreement will take effect on /pi;j 1/ , 20 'Sand will be effective through September 30, 2020. RECITALS WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water sources, and Section 403.064, F.S. encourages local governments to implement reuse projects and places limitations on deep well injection and other forms of effluent disposal; the District desires to use for itself and make available to the public, IQ Water as an alternative water resource to be used for both irrigation and non irrigation purposes; and, WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of effluent upon any property owned by another party, must enter into a binding agreement between the involved parties to ensure that construction, operation, maintenance, and monitoring of such use meets the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C.; and, WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013-48, to maintain compliance with District Wastewater Reclamation Facility operating permits, applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy and allow for optimization of the District's IQ Water System; and, WHEREAS, the Board has also adopted an IQ Water Policy, as it may be supplemented and amended from time to time, which is intended to provide beneficial public use of IQ Water by ensuring the optimum utilization of the District's limited water supplies; and, WHEREAS, the District agrees to deliver IQ water and the User agrees to receive, accept, and beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the terms, conditions and responsibilities of this Agreement. NOW, THEREFORE,the Parties agree as follows: 1. RECITALS. The recitals above are true and correct and are hereby incorporated into and made a part hereof. 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO Page 1 of 21 dJ 17H 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. • - - • - - - - ' A • - • - availability of the District's IQ Water and the IQ Water Application Rate for the • „ . - • • - - • • •- is calculated as 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. (Not Applicable). 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 103,955 gallons per day(gpd). The District is not obligated to provide any additional IQ Water to the User beyond the User's Allocation for the term of this Agreement. However, based upon IQ Water availability, the District will use all reasonable efforts pursuant to the terms of this Agreement to provide the User with additional volumes of IQ Water beyond the User's Allocation to approximate the historic volumes delivered to the User. Delivery of this additional IQ Water at any time does not grant the User with an increase to its Allocation under this Agreement. No Allocations will exceed the amount as is determined by the availability of the IQ Water. Page 2 of 21 bJ 17H 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 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 Page 3 of 21 :dJ 17H 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: a point where the IQ Water main intersects the property line of Beachwalk Gardens Condominium, 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 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. 2013-44, 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 ;It 17H 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 Page 5of21 110 17H 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 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(%) 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 Page 6 of 21 `' 17H 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 380 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. 2013-44. The User is receiving 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. Additional usage above the Allocation amount will be billed per published and prevailing rates, per service type, per 1808 gallons. For Major Users with Bulk a meter availability charge. (Not Applicable) B. Pressurized Service will be billed by the District as the actual metered IQ Water Page 7 of 21 171-I 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. 2013-44, 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 OH,j� 171-I 1-I (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 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: Beachwalk Residents Association, Inc. Wastewater Director c/o Management By Association, Inc. 4370 Mercantile Avenue 187 Forest Lakes, Blvd. Naples, FL 34104 Naples, FL 34105 With copies to: Office of the Collier County Attorney 3299 Tamiami Trail E., Suite 800 Naples, FL 34112 Page 9 of 21 4111 17H 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; Robert T. Gracey,Sr., Property Manager (239) 649-5667 BobGracey @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 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. (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. Page 10 of 21 bJ 17 H (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 o r r e n e w a I 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. 2013-44. 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 Page 11 of 21 17f1 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 21 171-I 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. 2013-44 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. 'tnesses: AS TO USER Witness (Signature) Beachwalk Residents Association, Inc., a Florida non- profi corporation �► Name: f 1iCt1C1 ► rl I raad6 i I By: , kiht9> l t6-- V Witness (Signature) Name: ,- . C r`5 - ,1 tij Printed name and title Page 13 of 21 1711 State of of 0..c///e/2 The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water was acknowledged before me this 1r day of - , 2014, by k,r (Name), e (Title) on behalf of Beachwalk Residents Association, Inc., a Florida non-profit cor•orat'.- u , T, , is personally known to me or who has produce. \y' '-m, (t •e • ': :ntification' • as identification. 1 (affix notarial seal) ` c� / 1z � �� i n tur• of Votr Pus N:17E1(aa lim y (Print Name of Notary Public) MICHELINE TIRADO NOTARY PUBLIC MY COMMISSION#FF168660 Serial/Commission #:(if any) r' (.9 Rf�o EXPIRES October 15,2018 ..• My Commission Expires: /C,/'51/I (4071 398-0153 FloridallotaryService.com { AS TO THE DISTRICT: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF DISTRICT COMMISSIONER, COLLIER DISTRICT, FLORIDA, AS THE GOVERNING BODY By: OF COLLIER DISTRICT AND EX-OFFICIO THE , DEPUTY CLERK GOVERNING BOARD OF THE COLLIER DISTRICT WATER-SEWER DISTRICT By: TOM HENNING, CHAIRMAN • Approved as to form and legality: • Name: Title: County Attorney's Office Page 14 of 21 � State of /Fe/et A County of 0.07/ref ' The foregoing Major User Agreement for Delivery and Reuse of irr�i ,a�ti�o_n Quality (IQ) Water was acknowledged before me this day of , 2014, by -1 r �iS< ■ (Name), t re.,, (Title) on behalf of Beachwalk Residents Association Inc. a Florida non-.rofit cor•orat'• • ' , is personally known to me or who has producAc\�1, c cv-` (t se . ntification) as identification. (affix notarial seal) /; I n turgg of I otar Pus 7V/ell El t j �l ri (Print Name of Notary Public) 2 .pA MICHELINE TIRADO �;. NOTARY PUBLIC _ • ' MY COMMISSION#FF168660 Serial/Commission #:(if any) r�f(.'S4'4,11 ",For„, EXPIRES October 15,2018 My Commission Expires: /67/5-If (401}398-0153 Florida Notary Service.com r " E DISTRICT: - ATTEST �� DWIG `t'E: BIt, C , CLERK BOARD OF DISTRICT COMMISSIONS t,.COLLIER .. DISTRICT, FLORIDA, AS THE GOVERNING.BODY OF COLLIER DISTRICT AND EX-OFFICIO THE , DEPUTY CLERIC GOVERNING BOARD OF THE COLLIER DISTRICT '4'' '`'Attest as to Cha'rman 's WATER-SEWER DISTRICT sior By: - - - T, NG� , CHAIRMAN Approved as to form and legality: 6-4 — Name: Scott Title: raep�.'F ► L'ow ), 'Qt-orr.�y County Attorney's Office Page 14 of 21 �9r1 17H EXHIBIT A Property Description From The Master Declaration of Covenants, Conditions and Restrictions for Beach walk dated October 16, 1986 and recorded in Book 1235,Page 2017 of the Public Records of Collier County, Florida. The property description that follows includes areas east of Gulf Pavilion Drive that are not included in the current Beach walk Residential Condominium. The area intended to be covered by this Agreement is that area described below that is bounded by Vanderbilt Beach Road on the South, Vanderbilt Drive on the West, 91st Avenue,N on the North and Gulf Pavilion Drive on the East. 001235 002042 OR BOOK• PAGE EXHIBIT 'A' A parcel of 'land lying in Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the East quarter corner of said Section 33, run south 00° 37'39" East along the east line of said Section 33, a distance of 17.65 feet to the extension of the Northerly right-of-way line of Vanderbilt Beach Road; thence North 80° 08'20" West 152.55 feet along said extention to the intersection of said Northerly right-of-way line with the Westerly right-of-way line of U.S. 41; thence continue North 80°08'20' West along said Northerly right-of-way line 1565.50 feet to the of Beginning: Thence continue North 8 fLBPCI 1�a- ng said Northerly right-of-way ne17� 3626;84 feet to the Easterly right-of-way tin Va •- •ilt Driv ; thence North 00°48'04" West 1 ng a d e', i ht-of-way line 439.70 feet t C�, a Southerly �igh -o W y line of 91st Avenue North asje ded to Co111�'= t� �y, and recorded in O.R. Book 34 19 Gv4 Public Records of Collier County, Flori a South 89°34'06" East along said Southerly right-of-way line 2615.51 feet to an angle point; thence South 89°34'49" East along said Southerly right-of-way line 2491.72 feet to the Westerly right-of-way line of U.S. 41; thence South Page 15 of 21 pdJ 17H EXHIBIT A-Continued 001235 002043 OR BOOK PAGE. 00°39'06' East along said Westerly right-of-way line 450.22 feet; thence North 89°34'49" West 406.00 feet; thence South 26°51' 41" West 221.15 feet; thence North 63°08'19" West 300.35 feet; thence North 89°34'49" West 100.00 feet; thence North 84°14'58' West 562.44 feet; thence South 09°51'40" West 579.68 feet to the Point of Beginning, less and excepting all of that property lying to the East of a line as described below: COMMENCING at the East quarter corner of said Section 33, run South 00°37'39" East along the East line of said Section 33 a distance of 17.65 feet to the extension of the Northerly right-of-way line of Vanderbilt Beach Road thence North 80°08'20" West 152.55 feet along sa'.q?it�n to the intersection of said Northerly( 1i -of-way .-� ith the Westerly right-of-way li e - u.5\__41;__othenc= c ntinue North 80°08'20" West a • P--11 . >• 11 1, •ig t-of-way line 1685.50 feet j '•i• • f,:egi in• • thence North 09°51'40* East ••roximately '121.87 ,wig et, said line running from •- Northerly r • iC- f-way line of Vanderbilt Beach Ro mer •J -, clt erly right-of-way line of 91st Avenue North as deeded to Collier County and recorded in O.R. Book 344, page 19 of the Public Records of Collier County, Florida. Page 16 of 21 OVA " ii i o.4'000 �o O0 odcC.„ u v a'c O \9 'o u o,5 o. .-1 Lo / ... / \e - N °v ° �_ - S z ( ( .- o F n a I^g= ,y...AI 7 H • J Liz] Ni v a^' o h. co)) Q .,ii ~� ° zu Ze:4 a� o° � u ° z w. .n'2°o °v F ewe m `< x Faaa „° 1 W Z R6x. s,'” /Al f,! .. O AtTt GI-xx ' O U U.12O W oi..°F .d : w y x x n F«o� 9 �ei `Z - o - a z a N�� z0 g I a]W 8 F 7 acy)2j y w y cr■g e. "cii J / °.oT ao ' w 6 a° z l ate /w o /s. z °.1., 1 , (bnnrgl '4'O'd 'A321) 3 ' O r ., F3 , I O Z I m o 0 -1 w w L_1 J O 0 J IL w CC gJ o I i I-m n ...i 3 = M Z ° N m p ° a 0 0 0 U U U U 0 a J p h- - - 1 z1- o Cri o' 1,Z 3 w w w w w r� r w m o a o a® j >._ II II II II II II II II II (n 0 ,>,q®® + 50 ❑ I ° IZ r w0 I v 4N NK< ] W 1 WO¢. a Nw wj El ®n® X,2 Vii z Qm ° I �� 3 i I 8,?. ¢� Z Ua a z o i _ o�ZZ aw ZZ ~ 3Wll Wp �NI.1W d� 6 i c 1 < ou °oiu up°i ui w °<� o 1 a I of a F.' ` a m " V i I � - w ° N 3 2 Li UO w0 1 W d `l Up NZwZ L", _7S,'“? O 3 U�. z ' tr 8< :4 Z-,-_:1 o r,, C 0 o 3 a i� w2 ~�oo r Or_/ f ' VI co N l O O p p O W O w z.o 11 ' €aNn < Z✓Wi Ea o O E J 6-, l a N 1 o rW >Zdh LL f Z Q� ¢w ii ° N '''';.g u o :1 z i zrc , < 6 a3WNa xv Z •6 z wa >iwr > <°RN. i m >_ 1� a W a _\i a < z g � m z ' J. w x _ Y mi ' >' aLin °auk ° , .= 0o 8 Wm 13 N AW 12 'alga ¢7W8 2 OWZ 8 QI u U a°O a«d a � ZV yw O 2 mQ = U<Q 4,2oN 4 ~O N 1 ZNZ1.W `: P Ia ° m6 3 au.'.- 0°mW a Z = _ s1m e ci,< < f s o _N by °N�°n .X.ri '6:- . <. •S 'm'W i ro r boa N z k u ° zo 8 Oa ni, o a m D to r'(Src; 1< a~, p sI --_..,,, Z c I 1 2 1 s Page 17 of 21 ���� EXHIBIT C BEACHWALK 17H REQUIRED CROSS CONNECTION INSPECTIONS Addresses 1 501 Beachwalk CIR 40 560 Beachwalk CIR 79 583 Beachwalk CIR 118 592 Beachwalk CIR 2 503 Beachwalk CIR 41 562 Beachwalk CIR 80 583 Beachwalk CIR 119 592 Beachwalk CIR 3 505 Beachwalk CIR 42 564 Beachwalk CIR 81 583 Beachwalk CIR 120 592 Beachwalk CIR 4 507 Beachwalk CIR 43 565 Beachwalk CIR 82 586 Beachwalk CIR 121 592 Beachwalk CIR 5 509 Beachwalk CIR 44 565 Beachwalk CIR 83 586 Beachwalk CIR 122 592 Beachwalk CIR 6 511 Beachwalk CIR 45 565 Beachwalk CIR 84 586 Beachwalk CIR 123 592 Beachwalk CIR 7 513 Beachwalk CIR 46 565 Beachwalk CIR 85 586 Beachwalk CIR 124 592 Beachwalk CIR 8 515 Beachwalk CIR 47 565 Beachwalk CIR 86 586 Beachwalk CIR 125 592 Beachwalk CIR 9 517 Beachwalk CIR 48 565 Beachwalk CIR 87 586 Beachwalk CIR 126 592 Beachwalk CIR 10 519 Beachwalk CIR 49 565 Beachwalk CIR 88 586 Beachwalk CIR 127 592 Beachwalk CIR 11 521 Beachwalk CIR 50 565 Beachwalk CIR 89 586 Beachwalk CIR 128 592 Beachwalk CIR 12 522 Beachwalk CIR 51 565 Beachwalk CIR 90 586 Beachwalk CIR 129 595 Beachwalk CIR 13 523 Beachwalk CIR 52 566 Beachwalk CIR 91 586 Beachwalk CIR 130 595 Beachwalk CIR 14 524 Beachwalk CIR 53 568 Beachwalk CIR 92 586 Beachwalk CIR 131 595 Beachwalk CIR 15 525 Beachwalk CIR 54 570 Beachwalk CIR 93 586 Beachwalk CIR 132 595 Beachwalk CIR 16 527 Beachwalk CIR 55 571 Beachwalk CIR 94 586 Beachwalk CIR 133 595 Beachwalk CIR 17 529 Beachwalk CIR 56 571 Beachwalk CIR 95 586 Beachwalk CIR 134 595 Beachwalk CIR 18 531 Beachwalk CIR 57 571 Beachwalk CIR 96 586 Beachwalk CIR 135 595 Beachwalk CIR 19 533 Beachwalk CIR 58 571 Beachwalk CIR 97 586 Beachwalk CIR 136 595 Beachwalk CIR 20 535 Beachwalk CIR 59 571 Beachwalk CIR 98 586 Beachwalk CIR 137 595 Beachwalk CIR 21 537 Beachwalk CIR 60 571 Beachwalk CIR 99 586 Beachwalk CIR 138 601 Beachwalk CIR 22 539 Beachwalk CIR 61 571 Beachwalk CIR 100 586 Beachwalk CIR 139 601 Beachwalk CIR 23 541 Beachwalk CIR 62 571 Beachwalk CIR 101 589 Beachwalk CIR 140 601 Beachwalk CIR 24 543 Beachwalk CIR 63 571 Beachwalk CIR 102 589 Beachwalk CIR 141 601 Beachwalk CIR 25 545 Beachwalk CIR 64 577 Beachwalk CIR 103 589 Beachwalk CIR 142 601 Beachwalk CIR 26 547 Beachwalk CIR 65 577 Beachwalk CIR 104 589 Beachwalk CIR 143 601 Beachwalk CIR 27 549 Beachwalk CIR 66 577 Beachwalk CIR 105 589 Beachwalk CIR 144 601 Beachwalk CIR 28 551 Beachwalk CIR 67 577 Beachwalk CIR 106 589 Beachwalk CIR 145 601 Beachwalk CIR 29 553 Beachwalk CIR 68 577 Beachwalk CIR 107 589 Beachwalk CIR 146 601 Beachwalk CIR 30 555 Beachwalk CIR 69 577 Beachwalk CIR 108 589 Beachwalk CIR 147 607 Beachwalk CIR 31 559 Beachwalk CIR 70 577 Beachwalk CIR 109 589 Beachwalk CIR 148 607 Beachwalk CIR 32 559 Beachwalk CIR 71 577 Beachwalk CIR 110 592 Beachwalk CIR 149 607 Beachwalk CIR 33 559 Beachwalk CIR 72 577 Beachwalk CIR 111 592 Beachwalk CIR 150 607 Beachwalk CIR 34 559 Beachwalk CIR 73 583 Beachwalk CIR 112 592 Beachwalk CIR 151 607 Beachwalk CIR 35 559 Beachwalk CIR 74 583 Beachwalk CIR 113 592 Beachwalk CIR 152 607 Beachwalk CIR 36 559 Beachwalk CIR 75 583 Beachwalk CIR 114 592 Beachwalk CIR 153 607 Beachwalk CIR 37 559 Beachwalk CIR 76 583 Beachwalk CIR 115 592 Beachwalk CIR 154 607 Beachwalk CIR 38 559 Beachwalk CIR 77 583 Beachwalk CIR 116 592 Beachwalk CIR 155 607 Beachwalk CIR 39 559 Beachwalk CIR 78 583 Beachwalk CIR 117 592 Beachwalk CIR 156 612 Beachwalk CIR Page 18 of 21 EXHIBIT"C BEACHWALK 1 7 H REQUIRED CROSS CONNECTION INSPECTIONS Addresses 157 613 Beachwalk CIR 196 637 Beachwalk OR 235 661 Windsurf LN 274 737 Reef Point CIR 158 613 Beachwalk CIR 197 637 Beachwalk CIR 236 661 Windsurf LN 275 738 Reef Point CIR 159 613 Beachwalk CIR 198 637 Beachwalk CIR 237 661 Windsurf LN 276 739 Reef Point CIR 160 613 Beachwalk CIR 199 637 Beachwalk CIR 238 661 Windsurf LN 277 740 Reef Point CIR 161 613 Beachwalk CIR 200 637 Beachwalk CIR 239 661 Windsurf LN 278 741 Reef Point CIR 162 613 Beachwalk CIR 201 637 Beachwalk CIR 240 662 Windsurf LN 279 742 Reef Point CIR 163 613 Beachwalk CIR 202 637 Beachwalk CIR 241 705 Beach Gate DR 280 743 Reef Point CIR 164 613 Beachwalk CIR 203 643 Beachwalk CIR 242 705 Reef Point CIR 281 744 Reef Point CIR 165 613 Beachwalk CIR 204 643 Beachwalk CIR 243 706 Reef Point CIR 282 746 Reef Point CIR 166 619 Beachwalk CIR 205 643 Beachwalk CIR 244 707 Reef Point CIR 283 748 Reef Point CIR 167 619 Beachwalk CIR 206 643 Beachwalk CIR 245 708 Reef Point CIR 284 750 Reef Point CIR 168 619 Beachwalk CIR 207 643 Beachwalk CIR 246 709 Reef Point CIR 285 752 Reef Point CIR 169 619 Beachwalk CIR 208 643 Beachwalk CIR 247 710 Reef Point CIR 286 754 Reef Point CIR 170 619 Beachwalk CIR 209 643 Beachwalk CIR 248 711 Reef Point CIR 287 756 Reef Point CIR 171 620 Beachwalk CIR 210 643 Beachwalk CIR 249 712 Reef Point CIR 288 758 Reef Point CIR 172 620 Beachwalk CIR 211 643 Beachwalk CIR 250 713 Reef Point CIR 289 760 Reef Point CIR 173 620 Beachwalk CIR 212 648 Windsurf LN 251 714 Reef Point CIR 290 762 Reef Point CIR 174 620 Beachwalk CIR 213 649 Beachwalk CIR 252 715 Reef Point CIR 291 764 Reef Point CIR 175 620 Beachwalk CIR 214 649 Beachwalk CIR 253 716 Reef Point CIR 292 766 Reef Point CIR 176 625 Beachwalk CIR 215 649 Beachwalk CIR 254 717 Reef Point CIR 293 768 Reef Point CIR 177 625 Beachwalk CIR 216 649 Beachwalk CIR 255 718 Reef Point CIR 294 770 Reef Point CIR 178 625 Beachwalk CIR 217 649 Beachwalk CIR 256 719 Reef Point CIR 295 772 Reef Point CIR 179 625 Beachwalk CIR 218 649 Beachwalk CIR 257 720 Reef Point CIR 296 774 Reef Point CIR 180 625 Beachwalk CIR 219 649 Beachwalk CIR 258 721 Reef Point CIR 297 775 Reef Point CIR 181 625 Beachwalk CIR 220 649 Beachwalk CIR 259 722 Reef Point CIR 298 776 Reef Point CIR 182 625 Beachwalk CIR 221 649 Beachwalk CIR 260 723 Reef Point CIR 299 777 Reef Point CIR 183 625 Beachwalk CIR 222 650 Windsurf LN 261 724 Reef Point CIR 300 778 Reef Point CIR 184 625 Beachwalk CIR 223 652 Windsurf LN 262 725 Reef Point CIR 301 779 Reef Point CIR 185 631 Beachwalk CIR 224 654 Windsurf LN 263 726 Reef Point CIR 302 780 Reef Point CIR 186 631 Beachwalk CIR 225 655 Beachwalk CIR 264 727 Reef Point CIR 303 781 Reef Point CIR 187 631 Beachwalk CIR 226 655 Windsurf LN 265 728 Reef Point CIR 304 782 Reef Point CIR 188 631 Beachwalk CIR 227 655 Windsurf LN 266 729 Reef Point CIR 305 783 Reef Point CIR 189 631 Beachwalk CIR 228 655 Windsurf LN 267 730 Reef Point CIR 306 784 Reef Point CIR 190 631 Beachwalk CIR 229 655 Windsurf LN 268 731 Reef Point CIR 307 785 Reef Point CIR 191 631 Beachwalk CIR 230 658 Windsurf LN 269 732 Reef Point CIR 308 786 Reef Point CIR 192 631 Beachwalk CIR 231 661 Beachwalk CIR 270 733 Reef Point CIR 309 787 Reef Point CIR 193 631 Beachwalk CIR 232 661 Windsurf LN 271 734 Reef Point CIR 310 788 Reef Point CIR 194 637 Beachwalk CIR 233 661 Windsurf LN 272 735 Reef Point CIR 311 789 Reef Point CIR 195 637 Beachwalk CIR 234 661 Windsurf LN 273 736 Reef Point CIR 312 790 Reef Point OR Page 19 of 21 EXHIBIT C BEACHWAlK REQUIRED CROSS CONNECTION INSPECTIONS 17H Addresses 313 792 Reef Point CIR 352 851 Reef Point CIR 314 794 Reef Point CIR 353 853 Reef Point CIR 315 796 Reef Point CIR 354 855 Reef Point CIR 316 798 Reef Point CIR 355 857 Reef Point CIR 317 800 Reef Point CIR 356 859 Reef Point CIR 318 801 Reef Point CIR 357 861 Reef Point CIR 319 802 Reef Point CIR 358 863 Reef Point CIR 320 803 Reef Point CIR 359 865 Reef Point CIR 321 804 Reef Point CIR 360 867 Reef Point CIR 322 805 Reef Point CIR 361 869 Reef Point CIR 323 806 Reef Point CIR 362 871 Reef Point CIR 324 807 Reef Point CIR 363 873 Reef Point CIR 325 808 Reef Point CIR 364 875 Reef Point CIR 326 809 Reef Point CIR 365 877 Reef Point CIR 327 810 Reef Point CIR 366 879 Reef Point CIR 328 811 Reef Point CIR 367 881 Reef Point CIR 329 812 Reef Point CIR 368 883 Reef Point CIR 330 813 Reef Point CIR 369 885 Reef Point CIR 331 814 Reef Point CIR 370 887 Reef Point CIR 332 815 Reef Point CIR 371 889 Reef Point CIR 333 816 Reef Point CIR 372 891 Reef Point CIR 334 817 Reef Point CIR 373 893 Reef Point CIR 335 818 Reef Point CIR 374 895 Reef Point CIR 336 819 Reef Point CIR 375 897 Reef Point CIR 337 821 Reef Point CIR 376 899 Reef Point CIR 338 823 Reef Point CIR 377 901 Reef Point CIR 339 825 Reef Point CIR 378 905 Reef Point CIR 340 827 Reef Point CIR 379 907 Reef Point CIR 341 829 Reef Point CIR 380 909 Reef Point CIR 342 831 Reef Point CIR 343 833 Reef Point CIR 344 835 Reef Point CIR 345 837 Reef Point CIR 346 839 Reef Point CIR 347 841 Reef Point CIR 348 843 Reef Point CIR 349 845 Reef Point CIR 350 847 Reef Point CIR 351 849 Reef Point CIR Page 20 of 21 17H EXHIBIT D Special Provisions None Page 21 of 21 ��;� ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ��� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney itice on later than Monday preceding the Board meeting. It **NEW** ROUTING SLIP Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office Route to Addressee(s) (List in routing order) iI Office Initials I Date 1. Scott R. Teach, Deputy County Atty. I County Attorney SRT yS 13 County Attorney Office i 1 2. BCC Office Board of County -TV 1 Commissioners \ f,/ / Z\2:NV 3. Minutes and Records Clerk of Court's Office W 2171(15 q,21Ain PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of'the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252- 780 Contact/ Department Agenda Date Item was 6/25/2013 I/ Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached �' Documents Attached Windstar Club, Inc. Major User Agreement PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be `a t'..-- ---1— t l signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM , during the meeting have been incorporated in the attached document. The County AfFq94391 Attorney's Office has reviewed the changes,if applicable. ,1� £' .,1 9. Initials of attorney verifying that the attached document is the version approved by the / �t ,r t„i BCC,all changes directed by the BCC have been made,and the document is ready for tlbe 'i $�tolfQE Chairman's signature. \ 4 lil el I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05.Revised 2.24.05;Revised 11/30/12 Memorandum 17H TO: Minutes & Records Management FROM: •ni Mott, Real Property Management DATE: February 23, 2015 RE: Windstar Club, Inc. Major User Agreement for Delivery & Reuse of Irrigation Quality (10) Water On June 25, 2013, Agenda Item 17H, the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Nance's signature as Chairman on the Major User Agreement for Windstar Club, Inc. Once the attestation is complete, a Recording Form is attached to complete the transaction. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! INSTR 5089387 OR 5124 PG 2768 RECORDED 3/2/2015 9:21 AM PAGES 18 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$154.50 Major User Agreement for Delivery and Reuse of Irrigation Quality(IQ)Water Windstar 17H THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is made and entered into this /2 day of !/_4,,t 0 i5� by and between Windstar Club, Inc., a Florida non-profit corporation, whose • .fling .• t ress is 1700 Windstar Blvd., Naples, FL 34112 (hereinafter referred to as "User") and the Collier District Water-Sewer District (hereinafter referred to as "District"),collectively, the Parties hereto ("Parties"). This Agreement will take effect on Oc fo4-/ I , 20/,rand will be effective through September 30, 2020. RECITALS WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water sources, and Section 403.064, F.S. encourages local governments to implement reuse projects and places limitations on deep well injection and other forms of effluent disposal; the District desires to use for itself and make available to the public, IQ Water as an alternative water resource to be used for both irrigation and non irrigation purposes; and, WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of effluent upon any property owned by another party, must enter into a binding agreement between the involved parties to ensure that construction, operation, maintenance, and monitoring of such use meets the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C.; and, WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013-48, to maintain compliance with District Wastewater Reclamation Facility operating permits, applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy and allow for optimization of the District's IQ Water System; and, WHEREAS, the Board has also adopted an IQ Water Policy, as it may be supplemented and amended from time to time, which is intended to provide beneficial public use of IQ Water by ensuring the optimum utilization of the District's limited water supplies; and, WHEREAS, the District agrees to deliver IQ water and the User agrees to receive, accept, and beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the terms, conditions and responsibilities of this Agreement. NOW, THEREFORE,the Parties agree as follows: 1. RECITALS. The recitals above are true and correct and are hereby incorporated into and made a part hereof. 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO Page 1 of 18 ();) PH 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 IQ 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 199.842 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. The District agrees that it will provide the User with its Allocation of IQ Water instead of the deep injection of IQ Water (including charging aquifer storage and recovery wells); Page 2 of 18 OVO 17f1 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 18 9. POINT OF DELIVERY (POD).The POD is as defined in Ordinance No. 2013-48 and located: where the IQ Water main serving Windstar crosses the east property line of Windstar immediately north of Thomasson Drive, 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. 14.USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT own, operate, maintain or change or modify any part of the District's infrastructure. However, the User is responsible for landscape maintenance such as mowing and tree trimming around the District owned infrastructure on the User's property. Page 4 of 18 171-I 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 10 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 acknowledges that IQ water, due to its chemical composition, may not be compatible with the Users' irrigation of certain susceptible vegetation. User agrees that District will not be held liable for any damages that may occur to vegetation or for any other damages that may occur due to the use of IQ water by the User provided that the quality of the IQ Water that is delivered to the User meets all applicable state, federal and Page 5 of 18 D` 1711 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(%) 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 Page 6 of 18 4110 17H 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 o r 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 1Q 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 a minimum of five 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. 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 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 Page 7 of 18 1714 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: (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. Page 8 of 18 17H (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 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: Windstar Club, Inc. Wastewater Director 1700 Windstar Blvd. 4370 Mercantile Ave. Naples, FL 34112 Naples, FL 34104 Attention: President 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 Page 9of18 7 14 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 1Q water are: NAME, PHONE, EMAIL ADDRESS; Chuck Eberle Golf Course Superintendent 0: 239.775.5233; M: 239.825.4280 ceberle3 @yahoo.com The District shall attempt User notification by telephone or email stating the nature of the emergency and the anticipated duration of the service interruption if the interruption is expected to exceed 72 hours. It is the responsibility of the User to provide written notification to the District of a change in representative. User may change its representative by providing written notice to District to become effective upon acknowledgement by District. The District representatives who shall be notified in the event of an emergency are: Irrigation Quality 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. (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 Page 10 of 18 J PH 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 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 Page 11 of 18 ,yn 171-I 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. 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. Page 12 of 18 1711 t. 41. EXHIBITS. See attachments. Witnesses: AS TO USER Witness ignature} C�l�t An sb L Name: jt(t (O. WW1 CCL� Windstar Club, Inc., a Florida non-profit corporation By: of gnature} TO VA kkvili Printed name and title '.i i Page 13 of 18 ---- - — A 7H State of (- c,Ft '1' County of The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality(IQ) Water was acknowledged before me this day of - 202$ by 'OA/ '—C't (Name), /AR t`-- Title), on behalf of Windstar Club, Inc., a Florida non-profit corporation (USER),who is personally known to me or who has produced (type of identification) as identification. (affix notarial seal) (Signature/of • -ry Public) �r �c , ("A/St/ (Print Name of Notary Public) i tyl.'aAtt MITCHELL A.JOHNSON NOTARY PUBLIC Notary Public-State of Florida Serial/Commission#:(if any) Ci"7 34/00 V•• My Comm.Expires Jan 4,2018 ��, r Commission FF 077340 My Commission Expires: '",,p..�;,,�• AS TO THE DISTRICT: ATTEST DWI T E. BROt , CLERK BOARD OF DISTRICT COMMISSIONER, COLLIER. n' DISTRICT, FLORIDA,AS THE GOVERNING BODY ti1� OF COLLIER DISTRICT AND EX-041C10 THE - Attest as IO G a CLERK GOVERNING BOARD OF THE COLLIER DISTRICT s.ignature itiy, WATER-SEWER DISTRICT By: 3 M-M-NN NG, CHAIRMAN TIM NANCE pro ed as to fo an legality: Name: .tuft 'T4 m.•� Title: 'Coop%tlivi G 4t0" County Attorney's/Office 5- Page 14of18 0 17H EXHIBIT A PROPERTY DESCRIPTION The property covered by this Agreement shall be the golf course and associated practice facilities at Windstar on Naples Bay, a subdivision of a portion of Sections 11, 14 and 23, Township 50 S. Range 25 E. as shown in the records of Collier County Plat Book 14, Pages 11- 15. Page 15 of 18 . 7 H d. F 33. 2 In(.4. g iu F R - m ix;4.7,, 1 41— ON W om_ t ? Z = - X 3' 0 W I-try i Z w�� 4 q�� ,W }t ,, o 9� , . , „.._ V 1•- N x COO d N�O L" L W O p M ` 7{ LW ar + a. LtJ r 4 N � 4 l" , 8 a it F-I Zo RI_3334 1 J ro Q • W I a � o U .4 M F n i 0 cri Z _ a rWj m z m hi ppyy `,W a M ,c1- Y NO ° W N C 5z T,® O W N , Y W N ° U uol @Ho4of Jq Wliold wdil:l—9102'90 699 llno,lol:qoy 999'9 11219X3 Ntly$o NIA\511219X3\09Vho\94961oZ\4t2Z\H Page 16 of 18 C;-'',. 1 171-I EXHIBIT C CROSS CONNECTION INSPECTIONS REQUIRED Cross connection inspections are required at: • clubhouse • cart storage building • golf course maintenance building • two "halfway houses" and • any other structure on the golf course served by the potable water system. Page 17 of 18 1 17H EXHIBIT D SPECIAL PROVISIONS 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. Page 18 of 18 r_ . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO UU-CO-tatu`tj THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 1 a Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete wit the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Scott R. Teach, Deputy County Atty. County Attorney SRT County Attorney Office T /43 2. BCC Office Board of County Commissioners \i/51 'kV `1.S' 3. Minutes and Records Clerk of Court's Office , '�.-16" CIM1IC .044' PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252-8 80 Contact/ Department Agenda Date Item was 6/25/2013 Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached Countryside Master Associatino,Inc. Major User Agreement PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed �I by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the , 'I BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum 1 711 TO: Minutes : -ecords Management FROM: pia, Mott, Real Property Management �I►'r DAT: September 10, 2015 RE: Countryside Master Association, Inc. Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H, the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Nance's signature as Chairman on the Major User Agreement for Countryside Master Association, Inc.. Once the attestation is complete, a Recording Form is attached to complete the transaction. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! INSTR 5173277 OR 5195 PG 3360 RECORDED 9/18/2015 10:09 AM PAGES 18 DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$154.50 ltiajOr ,1;5,; eI-ne=tit for 0ei; ;rry i 1?1 s ,e of hrigatir.n quality (IQ) countryside THIS Major +'_fir z,r 'err iii for We Delivery and Reuse of IC 'Water (Agr -i.=n ent) is made and entered icto this aag. day of wv,_571, 700 by and between Countryside Master Association, Inc., a Florida ;ion-profit corporation, whose mailing address is 600 Countryside Drive, Naples, FL 34104 (hereinafter referred to as `User") and the Collier District Water-Sewer District (hereinafter referred to as "District"), collectively, the Parties hereto ("Parties"). This Agreement will take effect on Oc 4-06r- t ; 20\5-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 10 Water by ensuring the optimum utilization of the District's limited water supplies; and, WHEREAS, the District agrees to deliver IQ water and the User agrees to receive, accept, and beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the terms, conditions and responsibilities of this Agreement. NOW,THEREFORE,the Parties agree as follows: 1. RECITALS. The recitals above are true and correct and are hereby incorporated into and made a part hereof. 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO Page 1. of 18 17H THEt.! iN DiE Di:SUM IQ 'W I R f r' F ` S '.5 n P r. 1 I � r:I- i?E�EF1-f� ;.��lU :�r r'-!{•�i°I f; ��1-�_i �i;L! t? 1(l,-ir3 {'_ The U:�r renr_.ei1fi5 3110 ';d3rr3nt` to the District that che '31ty or H rti_'s identified herein 3s t:h' Ir't=!' constitute all persons or entities that are +:her =cord 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 IQ Water Application Rate for the Property a s 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 257,600 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. The District agrees that it will provide the User with its Allocation of IQ Water instead of the deep injection of IQ Water (including charging aquifer storage and recovery wells); Page 2 of 18 1 7 W. t fo e vat"r ";{,-d T•, ",:dt i i '.claination facility ti:--atinf--nt �r I �_t.C?QI"! ��r;al t "ti ;3 Ll� l!i1; 3ilt� � i:i,rl ( :oI;;Ci1r l r'•qtt!f''17;r211t 5S it may be �CE?iT1PfJ r clerk dry b. the r'ist t.r r+: ��' '' I ;"€1 iii° i f. oriP: tc' pr ter.t health anit For purposes of this agreement, each day equals a twenty-four (24) hour period, Much begins at midnight, 12:00 a,m. the District re{_.ains 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. f, ze 3 of 13 J. Ifi.F ,F (DELL Ft D). !"1�_ ,:'/:1) :s . : n i in Ordirzan'_ NO ?01 3 43:a�r�l 'd113tai =tt37_,e tank e.,Its the ii3ok . ase mail and further identified in ExI?ibit `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 10 water distribution system downstream of the POD. 14.USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT own, operate, maintain or change or modify any part of the District's infrastructure. However, the User is responsible for landscape maintenance such as mowing and tree trimming around the District owned infrastructure on the User's property. Page I of 18 1 7 H ')F :?(_:qi r io tEnt, if ally, + . fl'T ccl _'�1 _';I'' F - ili?� in the .i, _i?l "il I h nc l-sr?,Ijaph in this i°tr?t � tn� 1 k r :h?1l i 4 full i"�'` �,�'{ihllit ffi *:it � c n_:truCt c. v winitturi�, h l Ins ?�tii3fIc , ,Dpe =itic'il, r 3lftt�nance. c=nd ?pair f the 10. 'water 1 Tem do n.:tre-in of the P120 outlined in Ctrdin3n t:_ No. 2013-t8. 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 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. Pal-e S of 1.3 `.. 17H �Ii I r)rt vn -t iirtittn t}"iro ii the r is i (_tcfl CCrrik. .:t'_Il+_ '_.'idi_nce th 3t: i.?) the User h 3 not t t,:aci Ji;'it}'!+t _; =ith,ar tato (_r 0r -o lit. !`i:trll't <: proc `r!-' Cr .ie f1{=l:ri(t _7Se1f'; rlt for is C_t ':vatef deliver/ s,,,tell! iftten ocnsent and placement caused the alleged damage, and (b) the Distrust 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(%Z) 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 he 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 �6 of 18 17W to the District in a writing, if necessary. The User will be responsible for all costs incurred by the District and the User resorting From the cross connection. These costs include all potable or IQ Water used, irch_ading all potable rater used for flushing lines, and folio;✓-up cross connection inspections performed :.5y 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 a minimum of two 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. 2013-44. The User is receiving Bulk Service under this Agreement. 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 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. 2013-44, 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 Page 7 of 18 171J (7tlec _ise ink: due date 7LAT d :ontact out-0 b r for ail', 1.) PAID t l.E; `_, LIEN tJN S `_ .TY. The User s t. n,_ fled; es and agrees that in the event that any fees, rates, ‘ r charges for the 10, 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"). 2.3. 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 10 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. Page 3 0113 1 ? H (d) Equipment ,' P' Cti:±C=.ri ) far in t:i-e RI) ',7=3te_r (stein, !tit=�t.l itlg t t rlti ptimpilI . ICCJ`Iat 'r tP' 31.0 i( i a it ire t r_p ii i iCi_;•Itr_tl3t'(2. (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: Countryside Master Association, Inc. Wastewater Director 600 Countryside Drive 4370 Mercantile Ave. Naples, FL 34101 Naples, FL 34104 Attention: President 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 P73ge9of18 (1) 17H 21 P°C_ipt •;F �?I 'ILii , f . �! , _ _ r'y ';'dl"tiI rl (he i dtc upon vh ch the return __-i. x! is ;�tt ! l, ?� Jr the• ., u�l �P._:-{ R, r �l. �.r��i _1 .- M t .4 ..r �t ,_ ? �}_._ 'r�'G/ 27. NOTiFlurs,TION IN EVENT OF EMERGENCY, The t_C:er's i`eprw ntative who shall hc notified in the event of an emergency or District's inability to deliver ICS water are: NAME, PHONE, EMAIL ADDRESS; 1.D. Varon Golf Course Superintendent Mobile: 239.572.2300; Office: 239.353.0533 jd@csgcc.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 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- ,18 for the receipt of District IQ Water; and (ii) the User shall accept the 1Q 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 lune 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 f' ge In of IS C 17H =+_lit`_?it, I y':c4rr iEito . +'1+) if f l .�1. - 1 - Il - K �` t ._n(1 +.;r rt +li � "!!�i1 ��" rl ��rr i �{?i . iy Bate 'acJeri�,"i;ants or :._sib ie >h]11 t�!I �;. is;oe necg ai-y permits, rant approvals, or shall adopt any laws or rot,ss that 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 he excused from the performance thereof and the Parties hereto in conformity with such permits, approvals, or requirements shall negotiate a new Agreement if practicable. (iv) However, nothing shall require User or District to accept any new or renewal agreement if it substantially adds to the District's or the User's obligations or responsibilities duties,obligations, and expenditures hereunder. 30. RIGHT TO TERMINATE. In the event of a default under this Agreement, the non- defaulting party shall provide the defaulting party written notice of the default. The defaulting party shall be given a minimum of thirty (30) days or such other reasonable time period (if the default cannot be cured in thirty (30 ) days)to cure the default. If the default is not timely cured, the non-defaulting party may notify the defaulting party in writing that it has elected to terminate this Agreement. In the event that there is default under this Agreement that could result in immediate harm to the Public's health or safety, the non-defaulting party may immediately suspend its performance under this Agreement to include the immediate suspension of the delivery of IQ Water if the non- defaulting Party is the District, by providing the defaulting Party with telephonic notice of such suspension followed up by written notice. Any such suspension shall continue until such time as the default is cured or the Agreement has been terminated. 31. ACCESS. User consents to the reasonable entry by the District upon the User's Property as provided for by Ordinance No. 2013-48. 32. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the identified Parties hereto, and their successors in interest, or assigns, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a Party hereto. 33. SEVERABILITY. If any court of competent jurisdiction finds that any part of this Agreement is invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the Parties contained therein are not materially prejudiced and if the intentions of the Parties can continue to be effected. To that end, this Agreement is declared severable. 34. LAND USE APPROVALS. This Agreement shall not he 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 Page 11 of 18 (" ±r 7 hi ighrs `:llrn r=sp t t(:, il'!'.: r_,aI j.1{":..! -=rt'j' c`l 1ii=` �t "ifo• _ :r .. ar='3, .■� int12, � 6 those _'ppt .;ats do 4ior le14_1 1hi �r_ein 'nt ;ll!i ,?;'id .id. "1tlt /1I tc .ai 'ii`y' Itt i+ar.� tit W21 35. APPLICAkt3LE LAW. Ihis Agreement- and s:h? }In'jl';it n cottcaine.d herein construed, controlled, and interpreted according to the laws of the State of Florida, Florida Administrative Code, Collier County Ordinances, and the iC 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. 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. Psge 12 of 18 <q( 1 7 H 'U. E XHIBiTS. See attachrnents. Witnesses: AS TO USER Witnesp(Signature) 1/1 ,ti_ r Name: I\ ria1.r,I y ,1-1 ` (L: ` Countryside Master Association, Inc., a Florida non-.rofi orporation By: _A Allir. .//.-... Witness Si:nature) t(`�c / M � � .13c-at�e�d ) ]C. 00 If Printed name and title '∎ame: -Z--, 7 , 14,20") Page 13 of 18 t I19 I7H H stDfe or ••�- I' t--4 I The foregoing Major User Agreement for Deliver',/ and Reuse of Irrigation Crsality (IQ) Vat�or was acknowledged before me this -�C2 dati, of t,�!"r , 2016 by ■ C Brivc{fi•etc( (Name), Cie el_efcifiT16"411r _ (Title), on behalf of Countryside Master Association, Inc., a Florida non-profit corporation (USER), who is personally known to me or who has produced (type of identification) as identification. (affix notarial seal) Signae f Notary Publ °':` PAMELA BECKER RADCUFF MY COMMISSION#FF1211301 print Name of Notary Public) dt" EXPIRES June 2, 2018 ( y 8 ° -0 NOTARY PUBLIC _39a-Ot53 FloridallofaryService.cbm ( any)Serial/Commission #: if an My Commission Expires: !> - AS TO THE DISTRICT: A TEST DWI . T E. BROCK LERK BOARD OF DISTRICT COMMISSIONER, COLLIER DISTRICT, FLORIDA, AS THE GOVERNING BODY _By. .! .= OF COLLIER DISTRICT AND EX-OFFICIO THE • estastct• ERK GOVERNING BOARD OF THE COLLIER DISTRICT WATER-SEWER DISTRICT By: f nn na ry',, Cnat rM4 Approv d as to legality: JM&LL Name: 5cr / /2. Tom..-c_ L, Title: Oer.4.4y euu1, 14ttbrt- 4y County Attorney's Office Page 1 4 of 18 7 H EXHIBIT A PROPERTY DESCRIPTION The property covered by this Agreement is the Countryside Golf Course, Parcel Identification Number 28536700209, shown below. Residential lots and public rights of way are excluded unless they are irrigated with IQ Water. y.� ; -!144r.w !lir; SAN T,.aUFSo Y4' 4.. a" , Ill, l -..e„...4,...., � k 4 +?lr!'�e . 4g;,: - i 1y (. 'i �YN 1 a ��pp , , '''''*42`-'7-14;,. ''''.A 7:,i1'':.T.': .2; '".... .....'7'.:,,,,?,ei "ii ''''.- '''. * o' :lea;' ' --*- r'4, :.4..4.t..41 - ..,,, , .'.4,'` -'' 't ''''. '''' ",- 41. 1: 4p41: :,..,-,,,., 1,,,,,, ,,„,* ._ ,.., , iit .„, ft, ! Is' F , t;"∎r.w, .gig,i e.• -' 1 F X+. ' r;t Jr t s.'Y, ; t 9 z 1,1.1-ill - 0 N'F'L tot: , AR. .i,�� :;frL � qk 4 i t k" '4 4..t ,ub p, ✓ ,,, `� ` ° s 'y t1 t t t CT s i z '! f { '7•1 c..-..(0 0 1.1 4 r ` 4'ME 4 . -tyk ..Y. \ X <~', I { ,ifs k yr? ;NA it t04 M `t . . }t ` +r , t Y 4-�{ 7 p e / 1 :' N r .� Af ,. avo �^- •ram ,ie_.. �- a f �1 : Page 15 of 18 I EXHIBIT B 1 7 H y (_y z a '¢T FFF a u u J' s L g v SCAL t c0' _ . y �.. 1 N w - Q J..c,.4?, f¢a C i3 1 } - _ ' -' i O �J 1 � � S TCPt. rs4 "2a� " 2 Ng r J r v m Z6`,�61 y28 W y $ Nu.t..V n J W 6' A, i461''OZ0W ♦ �!f F E 3 O 16g.tgl."" >- q{ a OW Z i, .6cK j W W gee W :r , i C I i 1 'S. ii. W -J i g V) i" _ W9 5 ,..:.„..i: LL.V... 5 o m 4 w 4 ,.: . ..., Tr, ,, , (iNi, 1 w - :4 4 >''r C ' WO3 3 v� z r7 .x y 0 0 G 7 Li �D 7 / _�__ "_ a r c! y Ili a oil D >ia, ,,,,- u.. h1 n SJ ` li i PI=-4 .:. 0 W OO 1' ' j p p_(L A. , j `t'3 ce Q# �C..W>-o' '' „�k � _ ' It 4 , 't , , pK m O 5 c . ,U w C.O 201 8 K W W r)„V... 7 c ^.C i O 1 '7+I- EXHIBIT C. CROSS CONNECTION INSPECTIONS REQUIRED Cross connection inspections are required at the clubhouse, golf course maintenance building and any other structure served by the potable water system whose grounds are irrigated with 10 Water. Page 17 of 18 )`; 1 H EXHIBIT D SPECIAL PROVISIONS None Page 18 of 18 �,^ � ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7H TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. q **NEW** ROUTING SLIP 1 - Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Scott R. Teach, Deputy County Atty. County Attorney SRT /id/IS Attorney Office 2. BCC Office Board of County -7\4 Commissioners V1 ,/ / c\\2.4c 3. Minutes and Records Clerk of Court's Office �y� (Vi`i s J�:OZ{'v PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was 6/25/2013 Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached The Club Pelican Bay, Inc. Major User Agreement PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed r by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the A!. Chairman's signature. !1 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 , it H 1 Martha S. Vergara From: Martha S. Vergara Sent: Monday, October 05, 2015 11:10 AM To: Mott, Toni Subject: Major User Agreement - IQ Water (Agenda Item #17H from the 6/25/13 BCC Meeting) Attachments: Toni Mott.pdf Attached for you. Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergaro collierclerk.com 17H Memorandum TO: Mi . es & Records Management FROM: .. oni Mott, Real Property Management DATE: September 15, 2015 RE: The Club Pelican Bay, Inc. Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H, the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Nance's signature as Chairman on the Major User Agreement for The Club Pelican Bay, Inc.. Once the attestation is complete, a Recording Form is attached to complete the transaction. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! 17K Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water The Club Pelican Bay THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is made and entered into this 5 day of I , 20 Iii by and between The Club Pelican Bay, Inc., a Florida non-profit corporation, whose mailing address is 707 Gulf Park Dr. Naples, FL 34108 (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 id I I , 20+5' 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, 730 CJ �7Z mo m WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013-4E to maintain compliance with District Wastewater Reclamation Facility operating permits m m applicable laws, rules, and regulations, ensure consistency with the 10 Water Policy any o o z1 allow for optimization of the District's IQ Water System; and, -1 ° N ° �: o WHEREAS, the Board has also adopted an IQ Water Policy, as it may be supplemented ani o z1 rn co amended from time to time, which is intended to provide beneficial public use of IQ Water b D D 0 GSA ensuring the optimum utilization of the District's limited water supplies; and, i - <xi a: D m o m WHEREAS, the District agrees to deliver IQ water and the User agrees to receive, accept, any 55 ,' beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with thl c O7 terms, conditions and responsibilities of this Agreement. 0 NOW,THEREFORE,the Parties agree as follows: 1. RECITALS. The recitals above are true and correct and are hereby incorporated into and made a part hereof. 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO Page 1 of 18 (1) 17H THEM IN THE DISTRICT 1Q 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 IQ 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 257,600 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. The District agrees that it will provide the User with its Allocation of IQ Water instead of the deep injection of IQ Water (including charging aquifer storage and recovery wells); Page 2of18 179 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. 9. POINT OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013-48 and located at: Page 3 of 18 171+ The downstream buried flange of the IQ 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 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. Page 4of 18 C 17H 15.USER RESPONSIRIL MES 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 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 OVa Page 5 of 18 17H 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(%) 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 Page 6 of 18 17H 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 in 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 a minimum of two 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. 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 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. Page 7 of 18 OVJ 1714 22. UNPAID FEES CONSTITUTE A LIEN ON USER'S PROPERTY. The User acknovfledges 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: (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. Page 8of 18 �,) 17H (e) IC?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: The Club Pelican Bay, Inc. Wastewater Director 707 Gulf Park Drive 4370 Mercantile Ave. Naples, FL 34108 Naples, FL 34104 Attention: President 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 Page 9 of 18 1711 notified in the event of an emergency or District's inability to deliver IQ water are: NAME, PHONE, EMAIL ADDRESS; Bob Bittner, Director of Golf Course Operations 0: 239.597.2244 M: 239.825.4362 Bobcpb @aol.com The District shall attempt User notification by telephone or email stating the nature of the emergency and the anticipated duration of the service interruption if the interruption is expected to exceed 72 hours. It is the responsibility of the User to provide written notification to the District of a change in representative. User may change its representative by providing written notice to District to become effective upon acknowledgement by District. The District representatives who shall be notified in the event of an emergency are: Irrigation Quality 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. (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, Jl Page 10 of 18 H 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 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, Page 11 of 18 17H 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. 39. ENTIRE Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall be in writing duly executed with the same formalities as this Agreement by the Parties hereto, or their successors in interest to the Property. Each amendment shall clearly and specifically refer to this Agreement by title and date. Any amendments to Ordinance No. 2013-48 or the IQ Water Policy shall not be applicable to the User during the initial five (5) year term of this Agreement. 40. SPECIAL PROVISONS. Exhibit "D" assigns and defines site specific provisions, if any are applicable. 41. EXHIBITS. See attachments. Page 12 of 18 17H Witnesses: AS TO USER Witness (Signature) Aid Name: I �l ,el The Club Pelican Bay, Inc. a Florida non- profit corporation By: 46, Wit ss (S'gnat e) , 7Y��K CL. Printed name and title I /� I Name: 'I ; -4- Page 13 of 18 17H N 'State of f Vi t — County o i C i L _ The foregoing Major User Agreerne f r Delivery and Reuse ofij ,FOn Quality (IQ) Water was acknowledged before me this day of 52.0• , iii-,Ty Vrank f}(boat ses (Name), Chairs oar- (Title), on behalf of The Club Pelican Bay, Inc., a Florida non-r ofit corporation (USER), who is personally know. to me or who has produced Allik (type -.f.f. -ntificati. . s identification. ((affix notarial seal) ) 1 .��.t_ 1_....L. _ .tom Ignature of Notary Public) ma,rte, a 1.,„ . — (Print Name of Notary Public) / • 1 3:vizGa•,, DONNA MARIE AMY 0 NOTARY PUBLIC `o Notary Public,-State of Florida I. ,'1 My Comm. Expires Aug 5.2016 i Serial/Commission #:(if any) I'91 3 3 3 Commission 0 EE 189338 ■ My Commission Expires: ¶.., 2(:)1 ..S ..4;R s O"ss Bonded Through National Notary Assn. AS TO THE DISTRICT: :4S ''4, ATTEST r,,'' - DWIGH 'El:.BROCK, L tI BOARD OF DISTRICT COMMISSIONER, COLLIER '.-----Id DISTRICT, FLORIDA, AS THE GOVERNING BODY By: _ OF COLLIER DISTRICT AND EX-OFFICIO THE Attest as to CivaiiikiitrfL GOVERNING BOARD OF THE COLLIER DISTRICT WATER-SEWER DISTRICT signature only.}}yy,.. / Zite-‘ --- .,• By: m 1i0.nt�- , CHAIRMAN App ov' d as to form . ty: we 0 PLc lip,e: I S `e1 R . "T7aeL Title: be,ppw*,y, Le,...„..y.,, trzr County Attorriey`s'Office Page 14 of 18 �b� 17H EXHIBIT A PROPERTY DESCRIPTION The property subject to this Agreement consists of The Club Pelican Bay Golf Course, comprised of two parcels,as highlighted below. I ID 66674441453 Northern Section— ,.4.4,Southern Section—Parcel ID 66330080006 ` q it:It''... ,,,,,,P.,„,j ..rot.it ',' , .`"v.m'' "i.). �> ns3� t . t 4 j... ^'.., ;i t'.. tfii* *.- „_ y `^r ' f a 'i r' P � d 1 ' �oR } ` `h.- 4 i .Jg�+ _y rG Gvk 5 :1:-•,4irik. ',$1, ' ,, '''''''' le V.4:11*. ' ..' - . e 1,6.4:' l E ' '4's- 4110 w'G 'MF • i ` � ` ; A.'� .'dF .+r. t wsz •..0- f '0. k#R t a jt h ae �1a11 _ a it a {] r Page 15 of 18 j 17H • • >. 1 ,,_ v ]-c0' _ ��oo W , , E wS I.E.A L. W OD - - u _ a c� • • < � O " 5 w �✓ C7 I! h ° o 0 I. > 0 › O Q d 0 U W > 7 W �' col �-z m � zo � Q o 0 0 ¢ N OQ U J a L p m Q W O ,, O J E" t-� _ Fe o i_ w 5 J cc v c'a ® 0 r 0 d a 0 c 0 ¢ u 0 W wo N C... II it II VI II if II p o w a s Q O ® W K D aw Jo60 N'' W Q -J n fl) O I- Iii Z 1 z �� z U� �� ZI \lt► ¢Li u F N O It W m , Z I I W U M Lai 0 Q --—x a U �3 i M I ❑I F(NJ M O v ,—M N U OO) --� I pQM� N �_ ®-e �/ KQd.M�. R CO EMEN Z-1Mmm COpFEWA'( EP6 9 Wvw .�� 2 ) W OF Pp,RCEI„O 001-1 R 1420 PG I /� n aO p0R-vION Y UMT �� N Z pELACFM 12. PAGE 74 \ L7 \ / f ` H _------- ce W OvLEVARD — W PELICAN BAY B oR _ _� COUNUT'LITY Z TO COLLIE OSES. ATESTREET PURP PURPOSES H —�! PUBLIC ND RELATED C� LINES A M UNI GEE6 Q PELICAN 6 ? Z PLAT BOOK 15' h h W I- U) -- — W U) N o----- O Q zz —_ o __ .—• w Z i O `' Q < Z 0 ti WI o r 7Z :3 -0---.•— + _ g Z a EL Jao il = U 0 Q Z W O -o m p -1 z D I- v0 w J co Z CJ N Z 0 7. 0 W oSL,L - :IOZ "bl AGN INrIN (OOd) 6r4P'00d o 30S - s4!giyx3 ssodJnd =•i;io•dS - 8Lo-£££SOIOZ Vo9 uoo!lad 9nIO\BLO-0££6£IOZ\:S `° Page 16of1S 1. 7H EXHIBIT C CROSS CONNECTION INSPECTIONS REQUIRED Cross connection inspections shall be performed at the following locations: • Clubhouse Complex * Cart Barn • Any other structure on the golf course served by a potable water connection (e.g. restrooms, halfway houses). Page 17 of 18 17H EXHIBIT D SPECIAL PROVISIONS 10. meter assembly and appurtenances, including pressure transducer and staff gauge located in the IQ Water discharge pond shall remain the property of the District. Page 18 of 18 COLLIER COUNTY FLORIDA Budget Amendment REQUEST FOR LEGAL ADVERTISING OF PUBLIC 6/25/13 To: Clerk to the Board: ---away x Normal Legal Advertisement ❑ Other: 17 1 (Display Adv., location,etc.) ********************************************************************************************************** Originating Dept/Div: OMB Person: Pat Lehnhard Date: 6/12/2013 Petition No. (If none,give brief description):Notice of Proposed Amendment to FY13 Adopted Budget Petitioner: (Name&Address): Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) Hearing before: XX BCC BZA Other Requested Hearing date: (Based on advertisement appearing at least 2 days before hearing.) Tuesday, June 25, 2013 BCC Regular Meeting Newspaper(s)to be used: (Complete only if important): To appear in NDN Friday, June 21, 2013 X Naples Daily News ❑ Other [' Legally Required Proposed Text: (Include legal description&common location& Size):Notice of Public Hearing-Collier County, Florida proposes to amend its Fiscal Year 2012-13 Adopted Budget. Companion petition(s),if any&proposed hearing date:N/A Does Petition Fee include advertising cost?X Yes ❑ No If Yes,what account should be charged for advertising costs:001- 101520. PO#4500138827 Reviewed by: Pat Lehnhard for Mark Isackson 6/12/2013 Division Administrator or Designee Date List Attachments: Notice of Public Hearing DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Administrator. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Administrator. The Administrator's office will distribute copies: ❑ County Manager agenda file: to [' Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USErrO LY. Date Received: b 1 2 ` Date of Public hearing: 6 20 3 Date Advertised: 1 1 (.3 1 171 Teresa L. Cannon From: LehnhardPat <PatLehnhard @colliergov.net> Sent: Wednesday,June 12, 2013 8:07 AM To: Minutes and Records Subject: Public Hearing Ad for 6/25/13 BCC Meeting Attached is Request for Legal Advertising together with Public Hearing Notice which is to be advertised in the Naples Daily News Friday,June 21, 2013. Please charge to PO 4500138827. If you have any questions, please do not hesitate to give me a call. Thanks! t Legal Ad Request Budget Temp€ate.doc Amendment Re... Pat Lehnhard Operations Coordinator Office of Management& Budget 239-252-8973 Lr.der? via..... +,E nai_addre's8es we ef..b i£, e?cords.It you do not want your£> ned addre.ss rea rased if 7 response to a pub tc'scolds rOq.1s51' co':ct soon .',ntrcn.f, r `ti try 1„9 ent,ty.Inz3tad, )tact this o.IF1c> by telophone or n'1Jntr3q. 1 COUNTY OF COLLIER PUBLIC HEARING NOTICE 17 Public Hearing: Collier County Board of County Commissioners Date: June 25,2013 Time: 9:00 a.m.or soon thereafter Location: Collier County Gowrnment Center,County Commissioner's Boardroom,3`d Floor, 3299 Tamiami Trail East,Naples,Florida. Notice is hereby given that the Board of County Commissioners of Collier County,Florida propose to adopt the following budget amendments for FY 2013: FUND FUND FUND SOURCE USE TOTAL 708 Transfer Grant Operations $327,890.50 Retired Senior Volunteer Program 123 Carryforward Grant $267,737.45 Refund of Affordable Housing 105 Carryforward Contribution $56,000 This notice is published in accordance with Florida Statutes 129.06;accordingly the publication of such must be accomplished at least 2 days,but not more than 5 days, before the date of the hearing. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.CHAIRWOMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) 17 1 Acct #068784 June 12, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: Amending the FY13 Budget Dear Legals: Please advertise the above referenced notice on Friday, June 21, 2013 and send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500138827 t COUNTY OF COLLIER PUBLIC HEARING NOTICE Public Hearing: Collier County Board of County Commissioners Date: June 25,2013 17 I Time: 9:00 a.m.or soon thereafter Location: Collier County Government Center,County Commissioner's Boardroom,3`d Floor, 3299 Tamiami Trail East,Naples,Florida. Notice is hereby given that the Board of County Commissioners of Collier County,Florida propose to adopt the following budget amendments for FY 2013: FUND FUND FUND SOURCE USE TOTAL 708 Transfer Grant Operations $327,890.50 Retired Senior Volunteer Program 123 Carryforward Grant $267,737.45 Refund of Affordable Housing 105 Carryforward Contribution $56,000 This notice is published in accordance with Florida Statutes 129.06;accordingly the publication of such must be accomplished at least 2 days,but not more than 5 days, before the date of the hearing. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.CHAIRWOMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon,Deputy Clerk (SEAL) 17 1 Teresa L. Cannon To: Legals NDN (legals @naplesnews.com) Subject: Budget Amendment Ad Attachments: Amends FY13 Budget (6-25-13).doc; Budget Amendment Report for Ad 6 25 13.doc Lega Is, Please advertise the attached legal ad on Friday,June 21,2013.Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records ©epartment 239-252-8411 239-252-8408 fax Teresa.Cannon@col I ierclerk.corn 1 171 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday,June 12, 2013 2:03 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASE07Fjpg Hi Teresa, Please provide approval ASAP for publication on 06.21.13. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 06/12/13 Publication NDN Account Number 744107 Ad Number 1992480 Total Ad Cost $171.66 1 i 171 .. .. tij tit 0 ell N ON a cca 0 1k7 ilw' 0 O al . i C E tigi t 46 U.1 41 2 ea E 0 o 0 'en "" � C 4 " b 0 ,...sH 0 41 e.i.... , . , W 0, 'so .4: U 0_.0, a ,iy. 01,-) -,e,-- Jo Z :1 - cc f0 E LJ�J - ro 8 ,�,i ' 0 c _ r .:IL) MI 1. 1 � ' D ± .:. 0 1 v d X w fi� r__ .".. =. 0 :� L.L. ` r 0 J -j w ' C ro rlii -- ,. - - = fin 0 17 I Teresa L. Cannon To: Polidora, Carol Subject: RE: Ad Confirmation Looks good, ok to run.Thanks Teresa L. Cannon, BMR Clerk Ill Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Wednesday,June 12, 2013 2:03 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa, Please provide approval ASAP for publication on 06.21.13. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at(239) 213-6000 Thank you for placing your ad. Date 06/12/13 Publication NDN Account Number 744107 Ad Number 1992480 Total Ad Cost $171.66 1 i iI? 1I NOTICE OF MEETING NOTICE OF MEETING COUNTY OF COLLER PUBLIC HEARING NOTICE Public Fie*mg:Collier County Board of County Commissioners Date:June 25,2013 Time:9:00 a.m.or soon thereafter Location: Collier County Government Center, County Commissioner's Boardroom, 3rd Floor,3299 Tamiami Trail East,Naples,Florida. Notice is hereby given that the Board of County Commissioners of Collier County, Florida propose to adopt the following budget amendments for FY 2013: FUND FUND SOURCE USE FUND TOTAL 708 Transfer Grant Operations 5327,890.50 123 Carryforward Retired Senior Volunteer 5267,737.45 Program Grant 105 Carryforward Refund of Affordable 5 56,000 Housing Contribution This notice is published in accordance with Florida Statutes 129.06;.accordingly the publication of such must be accomplished at least 2 days,but not more than 5 days, before the date of the hearing. BOARD OF COUNTY COMMISSIONERS . COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.CHAIRWOMAN DWIGHT E.BROCK,.CLERK By:Teresa Cannon,Deputy Clerk (SEAL) lung 1 2013 - No 1992480 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 ii TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. {� **NEW** ROUTING SLIP I�.ecc)i'utO?"' ('J ` Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is a ready complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials D to 1. Scott R. Teach, Deputy County Atty. County Attorney SRT 11 1117)1 County Attorney Office O 2. BCC Office Board of County Commissioners \/ ■ 2 \k\c \\c 3. Minutes and Records Clerk of Court's Office tt` I2 (5 3%Lici PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Toni A.Mott Phone Number 239-25i-8780 Contact/ Department Agenda Date Item was 6/25/2013 • Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached Calusa Bay Master Association,Inc. Major User Agreement PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the ,, Chairman's signature. l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum 171.1 TO: Minutes & Records Management FROM: (.,64iFcs4i Mott, Real Property Management DATE: November 6, 2015 RE: Calusa Bay Master Association, Inc. Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H; the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Nance's signature as Chairman on the Major User Agreement for Calusa Bay Master Association, Inc. Once the attestation is complete, a Recording Form is attached to complete the transaction. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! INSTR 5196049 OR 5214 PG 3203 RECORDED 11/17/2015 8:36 AM PAGES 18 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$154.50 Major User Agreement for Delivery and Reuse of Irrigation Quality(IQ)Water Calusa Bay THIS Major User Agreement for the Delivery and Reuse of IQ Water(Agreement) is made and entered' into this/quay of glate420 /S-by and between Calusa Bay Master Association, Inc.,a Honda non-profit corporation whose mailing address is 6955 Satinleaf Road North, Naples, FL 34109 (hereinafter referred to as"User")and the Collier District Water-Sewer District(hereinafter referred to as"District"),collectively,the Parties hereto("Parties").This Agreement will take effect on Alove ,r ,20/5-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, i 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 perrhits, applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy 'sand 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. Page 1of18 f.. 17H 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THE DISTRICT IC).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 147,399 gallons per day (gpd). (Not applicable). The District is not obligated to provide any additional IQ Water to the User beyond the User's Allocation for the term of this Agreement. However, based upon IQ Water availability, the District will use all reasonable efforts pursuant to the terms of this Agreement to provide the User with additional volumes of IQ Water beyond the User's Allocation to approximate the historic volumes delivered to the User. Delivery of this additional IQ Water at any time does not grant the User with an increase to its Allocation under this Agreement. No Allocations will exceed the amount as is determined by the availability of the IQ Water. If the User is desirous of limiting the amount of IQ Water received to a specific volume less than or only equal to the Allocation amount, the User must file a request in writing to the District. Modifications to this request may only be made once per calendar year. The District agrees that it will provide the User with its Allocation of IQ Water instead of the deep injection of IQ Water (including charging aquifer storage and recovery wells); except for reclaimed water needed for water reclamation facility treatment processes, 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 18 17H For purposes of this Agreement, each day equals a twenty-four (24) hour period, which begins at midnight, 12:00 a.m. The District retains the right and sole discretion with respect to delivery times to the Users. Prior to the addition of any future Users of the IQ Water System, and based on IQ Water Availability, existing Major Users will be provided with an opportunity to increase their Allocations on a pro-rata basis up to the amount of one inch (1") per acre, per week, of the 10 Water Application Rate of the then recognized amount determined by the IQWAR utilization, in exchange for the User's water use permit substitution or offset credits. For the purpose of the application of this future User prioritization, any increase in IQ Water volume for existing Major Users will be based on the amount of the Major Users' irrigable acres irrigated with IQ Water in 2012. 7. TERM. The User agrees to receive from the District, 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: where the 4-inch IQ line downstream of the meter assembly exits the utility easement and further identified in Exhibit "B." Page 3 of 18 .I' 171 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 10 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 Page 4of18 i\. 1711 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 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 Page 5 of 18 17H 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 (%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 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 Page 6 of 18 17H 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 a minimum of 53 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. 2013-44. 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. 2013-44, 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"). Page 7 of 18 17H 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 (Q 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: (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 Page 8of18 171i 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: Calusa Bay Master Association Wastewater Director 6955 Satinleaf Road, North 4370 Mercantile Ave. Naples, FL 34109 Naples, FL 34104 Attention: President 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. Page 9 of 18 8T Jo GT a2ed 1 7H 'dope 'legs .io `slenoadde Aaessa3au lueao 'sl!waad Aaessaaau anss! o} I!e} Ilegs sapuaae ao sluawuaano2 leaapa3 Jo ale's Aue 'luawaaa8b s!ql}o Waal aql Suunp uoseai Aue ao}}i (!!!) •palueaaeM}! 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(iv) However, nothing shall require User or District to accept any new or renewal agreement if it substantially adds to the District's or the User's obligations or responsibilities duties, obligations, and expenditures hereunder. 30. RIGHT TO TERMINATE. In the event of a default under this Agreement, the non-defaulting party shall provide the defaulting party written notice of the default.- The defaulting party shall be given a minimum of thirty (30) days or such other reasonable time period (if the default cannot be cured in thirty(30) days)to cure the default. If the default is not timely cured, the non-defaulting party may notify the defaulting party in writing that it has elected to terminate this Agreement. In the event that there is default under this Agreement that could result in immediate harm to the Public's health or safety, the non- defaulting party may immediately suspend its performance under this Agreement to include the immediate suspension of the delivery of IQ Water if the non-defaulting Party is the District, by providing the defaulting Party with telephonic notice of such suspension followed up by written notice. Any such suspension shall continue until such time as the default is cured or the Agreement has been terminated. 31. ACCESS. User consents to the reasonable entry by the District upon the User's Property as provided for by Ordinance No. 2013-48. 32. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the identified Parties hereto, and their successors in interest, or assigns, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a Party hereto. 33. SEVERABILITY. If any court of competent jurisdiction finds that any part of this Agreement is invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the Parties contained therein are not materially prejudiced and if the intentions of the Parties can continue to be effected. To that end,this Agreement is declared severable. 34. LAND USE APPROVALS. This Agreement shall not be construed as a basis for granting, assuring, indicating, denying, refusing to grant or preventing any future grant of land use zoning approval, permissions, variances, special exceptions or any other rights with respect to the real property in the approved uses area, so long as those approvals do not render this Agreement null and void, and/or negatively impact the IQ use by the User. Page 11 of 18 17k1 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. 39. ENTIRE Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall be in writing duly executed with the same formalities as this Agreement by the Parties hereto, or their successors in interest to the Property. Each amendment shall clearly and specifically refer to this Agreement by title and date. Any amendments to Ordinance No. 2013-48 or the IQ Water Policy shall not be applicable to the User during the initial five (5)year term of this Agreement. 40. SPECIAL PROVISONS. Exhibit "D" assigns and defines site specific provisions, if any are applicable. 41. EXHIBITS. See attachments. Page 12 of 18 1711 Witnesses: AS TO USER Witness (Signature / Name: LoA ,e/1 "iiiReRON Calusa Bay M. -r Association, Inc., a Florida non-.rofit co poration By,k. lb/Le Witness (Signature) Printed name and title Name: S/1 N0 136". Page 13 of 18 17H State of r4oX00- County of 6oLGreA The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water was ac<nowledgeA before me this X4`1 day of (x1be.'ie , 201_4 by .iU- Mr-a ,v-,— (Name), j'-.5 ideA✓i i hS7'Jitle), on behalf of Calusa Bay Master AssoLfation, Inc., a Florida non-profit Corp atior tJ who is personally known to me or who has produced Di- (type of identification) as identification. / affix notarial seal � ' • .- / (Sig Lure of Notary Public) ;. C. u A 0• -rAtAb,A- (Print Name of Notary Public) e NOTARY PUBLIC ...- ' ;. ; Serial/Commission #:(if any) " ` My Commission Expires: 0•`,,,,; grir. MANN 0.TALAGA New, Pi�bIla•State of Florida ; j r M Witt horn���_;.�/„ � P 11 Nov 19.20t7 '.."` @Sfilnliulon•FF 071765 0 AS TO THE DISTRICT: � �_� _ «• ATTEST: DWIGHT E. OCK, CLERK f BOARD OF DISTRICT COMMISSIONER, COLLIER ^- DISTRICT, FLORIDA, AS THE GOVERNING BODY By: _. At OF COLLIER DISTRICT AND EX-OFFICIO THE ..D b U tr.API GOVERNING BOARD OF THE COLLIER DISTRICT Attest as1O Chairman , r WATER-SEWER RICT signature only. A‘e'x' 66e--'/ B : Y 1i m Oa r\t-4-‘ CArlet i r M'U'\ Ap i re e s t m nd legality: IN ...,.. L._ Name: w /�T•i 4 e Title: Ae p•-ky/ t.d 14...-S1). 1 li-A Yv+."y County Attorney's Office / Page 14 of 18 , 1711 EXHIBIT A PROPERTY DESC7I[ ION OR: 2264 PG: 0178 CALUSA BAY LEGAL DESCRIPTION All that part of Section 3, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of said Section 3; thence along the East line of said Section 3, South 01°17'14" East 1347.52 feet to the Point of Beginning of the parcel herein described; thence • nu along said line, South 01°17'14" East 1781.42 feet to a point on the N•rt� l of • . ge Blossom Drive, recorded in Official Records Book 13 _j. ■'• : : '., Public Records of Collier County, Florida; thence Ie�ir htg our(4)described courses: A. South 897• 04 '• r B. Wester!, '• ' 1 M. - 17',,It •: '� ',ula curve concave Ili Northe ��, [?a ' •. � T�li, r •; : ,a central angle °, • �; .4frili, � ����• r h bears North of 14 .� ., c 83°06► t( t 6 , E Q • curvature; ,c..k It C. Westeri Noi417,along the,. ` `• ' ./+l►• lar curve.concave Souther! " .ius of 66 f t eiLlyi. gh a central angle of 67°00't i` • •; ,. 6► rd which bears South 70°36'13" ',. • ' •• --�it • reverse curvature; OW D. Westerly 534.07 feet . • : e arc of a circular curve concave Northerly, having a radius of 510.00 feet, through a central angle of 60°00'00" and being subtended by a chord which bears South 67°06'13"West 510.00 feet to a point on the Easterly right-of-way line of Frank Boulevard (C-851) recorded in Plat Book 12, Page 58, Collier County, Florida; thence along said line and along a non-tangential line,North 07°06'13"East 2218.88 feet; thence leaving said line, North 89°50'15" East 1090.46 feet to the Point of Beginning of the parcel herein described; containing 54.04 acres more or less; subject to easements and restrictions of record; t bearings are based on the Easterly line of said Section 3, Being South 01°17'14" East. Page 15 of 18 1 l II' ••,,kitf:41 F.., __„ ' I-1 ill --4 D--.1 -0zi; ;':" ,... . .,..........,....00 ......„,,,,....00. 00.0.....0 io 0 E , '':j. (-'< .8 0;■...-: C)0 0 re c_ - —* ,,,' — — u. ,x _ –n 0 __,c, . Ly, ..,.....6— L-7.,..._...L, 1;5, •.,-7. S' —dr.- .Ruis n 6 ..4:. 5 =''' -, ,-,3, z0 „...> ES°-..„, -1.- ..1-5,-, z ..,..„ m=',...5... Ili) u--11 i.1 i7'2=i 0 ww- ...,..—"-5,-,t,P,,`'E`A W Ih.i I ,..,,- " jtilr ko '6 ---**' , C 0.000zim-4‹ {LI Liz,59 ,<mt),,,0 .P.', 1 `' ',',V '— 1 •:,,s "\,,,, = .yr 3 3;Z' 8 ,WM WT" —zwEiao . 61).[; Ta' _ — "''l ' 44.,t,,,- 7,..:,;, .,„,,., ••..,,a.,,,,, 0". it ti ..„.4 , ,1„.. ,..t.,•%,4, ,' ..,,4,',6 , lir• ,„,-T 1 j -,. , .,.> , .,,,'`ijo.•‘4*\14'' ,--\ - - '' *s, .‘ „44; 4„,f4r) L''' !.' ,‘ ,.... , w' , ',. '' ", ,,.•-• . fl. N ' ''' .— :"-'4-' 7-,',7:„.----"k"'', ' ' ^, 0 '‘ ':,*.‘',..,,,.,,".c'47T lk, 7 e ,,,.7:wtitt;i1,,,.•..:.\\I.,„, 11,,, , < '%, 't,:','+IN ,44\'‘ 4..'" s'411., kl'i .44 :i...,.>■:'''41:‘;14',Z4'''S '4i.4\04' ,-- (.3 _., i z ,,,l'o i 0, _J < * i4, r I .i • Pi -, N=.\.,..s,k*,,,,‘4,*,,„ .4;. .•,;., . . . ,,,,,,,',,,,,,,et,Ls, =,'‘,.',' , .....*,=40,.. ) . & ,:'Ak."11. l''''' ' • ,',, - ' „ - ,`,`..,-,.,,f,,h,.4t,4,4t p.,,-' - _„___,,,,,---"CX ,, , 1 44146,, ,. i i , < ',' 4.____„.....----1 ,e4,- 'IO '''' ' 1 • , ' s,•40 ''NkTi,,,,,,,,,-.is ' ,i;,,i,,,ti",?,r' , , I›, IN ie i,• ..._---I ›iii '',t,,i, ' . . ,\•• •,, .-',:':- ''(4.,.='—;,,'',1-2 v;,-;,411L , ----,L-- 1,44,,,i 7 .'...`-:...t,:.'''''Zi744.4,- .. • .., , ,. • --, , i ... ....--e•1101111111 - z ' .g 4 4... „.. , fzi • , ' ,c ,"-•-* —,....,, 61. .;.. 3 , - i 4..1 --- 8■3! '652cc'2_1 II ,''," ,‘,:'-*.,,,‘), ; P' -- .ow , , . 2 _ 1 i I ,- — 1 . - --,‘,"‘-..=.',,,,-:2;',.•-..,,..-— ' ,.0,.0.-,p.,,r1...! i c_q , 1..,J 0_ ....., cc •„,,,_ i y oa 0 M m , T Q Ea L '.'-'` '-'''■• ''(7:''-' fil ' n , .-..--..-..- . .....,.._. _...._. ..A.. .._..,,.„. ...,...... •■•■■-- -,_ "•'....- --.-^■- ,1.?•ci 90g) 3ode'voto&l:vi ivv&Nod06,:t3v-Lc1,70000 .._1-1-1-11------- i-1=-, (ige- 17H EXHIBIT C REQUIRED CROSS CONNECTION INSPECTIONS IONS The addresses below correspond to locations of potable water meters within Calusa Bay. Cross connection inspections shall be conducted at each of these locations. 6750 CALUSA BAY BLVD 6876 REDBAY PARK RD 6800 SATINLEAF RD S 6879 REDBAY PARK RD 6801 SATINLEAF RD S 6880 REDBAY PARK RD 6804 SATINLEAF RD S 6883 REDBAY PARK RD 6805 SATINLEAF RD S 6884 REDBAY PARK RD 6808 SATINLEAF RD 6887 REDBAY PARK RD 6809 SATINLEAF RD S 6890 RAIN LILY RD 6812 SATINLEAF RD S 6891 RAIN LILY RD 6813 SATINLEAF RD 6894 RAIN LILY RD 6816 SATINLEAF RD 6895 RAIN LILY RD 6817 SATINLEAF RD 6898 RAIN LILY RD 6821 SATINLEAF RD S 6899 RAIN LILY RD 6825 SATIN,LEAF RD 6900 GOODLETTE RD N 6829 SATINLEAF RD 6903 RAIN LILY COURT 6834 LANTANA BRIDGE RD 6910 SATINLEAF RD N 6835 LANTANA BRIDGE RD 6914 SATINLEAF RD N 6838 LANTANA BRIDGE RD 6918 SATINLEAF RD N 6839 LANTANA BRIDGE RD 6922 SATINLEAF RD N 6842 LANTANA BRIDGE RD 6923 SATINLEAF RD N 6843 LANTANA BRIDGE RD 6927 SATINLEAF RD N 6846 LANTANA BRIDGE RD 6934 RAIN LILY COURT 6847 LANTANA BRIDGE RD 6935 RAIN LILY COURT 6855 SATINLEAF RD S 6938 RAIN LILY COURT 6859 SATINLEAF RD 6939 RAIN LILY COURT 6863 SATINLEAF RD S 6940 SATINLEAF RD N 6867 SATINLEAF RD S 6955 SATINLEAF RD N 6875 REDBAY PARK RD Page 17 of 18 �_ 1 7 fl EXHIBIT D SPECIAL PROVISIONS None Page 18 of 18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 1-1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP c vCvt It � ) Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre y complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Scott R. Teach, Deputy County Atty. County Attorney SRT ��I,45 County Attorney Office 2. BCC Office Board of County Commissioners V\\I l�`VZ`\5 3. Minutes and Records Clerk of Court's Office ) � kit 2(15 3..(fcj1441 PRIMARY CONTACT INFORMATION Normally the primary contact is the person whp created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-25 -8780 Contact/ Department Agenda Date Item was 6/25/2013 .� Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached FoxFire Community Association,Inc. Major User Agreement PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be �m signed by the Chairman,with the exception of most letters,must be reviewed and signed ''t by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the • BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 IIH Memorandum TO: Minutes & Records Management FROM: oni Mott, Real Property Management DATE: November 6, 2015 RE: FoxFire Community Association, Inc. Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H; the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Nance's signature as Chairman on the Major User Agreement for FoxFire Community Association, Inc. Once the attestation is complete, a Recording Form is attached to complete the transaction. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! INSTR 5196037 OR 5214 PG 3161 RECORDED 11/17/2015 8:22 AM PAGES 21 17H 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 Foxfire THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is made and entered into this (5{-day of tom, 20() by and between Foxfire Community Association of Collier County, Inc., a Florida non-profit corporation,whose mailing address is 1030 Kings Way Naples, FL 34104 (hereinafter referred to as"User") and the Collier Water-Sewer District(hereinafter referred to as"District"),collectively,the Parties hereto("Parties").This Agreement will take effect on October 1, 2015 and will be effective through September 30,2020. RECITALS WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water sources, and Section 403.064, F.S. encourages local governments to implement reuse projects and places limitations on deep well injection and other forms of effluent disposal; the District desires to use for itself and make available to the public, IQ Water as an alternative water resource to be used for both irrigation and non irrigation purposes; and, WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of effluent upon any property owned by another party, must enter into a binding agreement between the involved parties to ensure that construction, operation, maintenance, and monitoring of such use meets the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C.; and, WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013-48, to maintain compliance with District Wastewater Reclamation Facility operating permits, applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy and allow for optimization of the District's IQ Water System;and, WHEREAS, the Board has also adopted an IQ Water Policy, as it may be supplemented and amended from time to time, which is intended to provide beneficial public use of IQ Water by ensuring the optimum utilization of the District's limited water supplies; and, WHEREAS, the District agrees to deliver IQ water and the User agrees to receive, accept, and beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the terms, conditions and responsibilities of this Agreement. NOW,THEREFORE,the Parties agree as follows: 1. RECITALS. The recitals above are true and correct and are hereby incorporated into and made a part hereof. 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO Page 1 of 21 1711 THEM IN THE DISTRICT IQ WATER POLICY. 3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. Except as modified 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 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 IQ 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 374,035 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. The District agrees that it will provide the User with its Allocation of IQ Water instead of Page 2 of 21 l� _- - 17H 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. 9. POINT OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013-48 and located Page 3 of 21 \� 17H at: For Foxfire 9—The point where the 10-inch IQ Water line serving the assembly crosses the property line between a 40 foot road right-of-way (Plat Book 13, Page 84) and Foxfire Community Association property identified as Parcel ID No. 61844640005. For Foxfire 18—The point where the 12-inch IQ Water line crosses the line dividing Tract 10 of Foxfire Unit Three (the tank site) and Parcel B of Foxfire Unit Three. 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. 14.USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT Page 4of21 1713 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 acknowledges that IQ water, due to its chemical composition, may not be compatible with the Users' irrigation of certain susceptible vegetation. User agrees that Page 5of21 17h 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(h) 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; Page 6 of 21 2 (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 approximately 209 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 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 Page 7 of 21 ! � `�O 17H 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: (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 IQ Water due to a process failure. (c) Non-compliant IQ Water, making it unusable for approved uses. Page 8 of 21 M), -- _ 17H (d) Equipment or material failure in the IQ Water delivery system, including storage and pumping. (e) IC/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: Foxfire Community Association of Wastewater Director Collier County, Inc. 4370 Mercantile Ave. 1030 Kings Way Naples, FL 34104 Naples, FL 34104 Attn: General Manager 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 Page 9of21 171-, 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; Jon Vingson Golf Course Superintendent 0: 239.643.1055 M:239.438.7476 foxfirej @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 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. (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 Page 10 of 21 17H 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 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 Page 11 of 21 17H 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 10 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. Page 12 of 21 17H _ 41. EXHIBITS. See attachments. Witnesses: AS TO USER Witness (Signature) ■1 I a) . /, ommo Name: higrinill, 4 I Foxfire Community Association of Collier County, Inc a Florida non-profit corpor. 'on `d By: 4111/..-- --0°' Witness (Signature) t� L.C(4 PRES i DE-PT- Printed name and title ,},eitta,64,2)(4i Name: -9-eIf 131 duJ1 Page 13 of 21 (�L H State of nor County of OA/ e-et_ The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (10) Water was acknowledged before me this c 7 day of (DQ k510 K 2015, by Q. 63 ,"; ey % (Name),RreSLdEry-1- (Title), on behalf of Foxfire Community Association of Collier County, Inc., a Florida non-profit corporation (USER), who is personally known to me or who has produced (type of identification) as identification. I (affix not arial seal) — tel T.i 'I- a 1 4 (Sa ure of Notar Public) 610V91/6 seJ • " ° ♦ Y1 1p •, ,77,.: ww0 (Print Name of Notary Public) YORiOld dO31V1S- '.� _ NOTARY PUBLIC wend ANVION Serial/Commission #:(if any) Fra NONNVD NV3r V13WVd My Commission Expires: Q—/F•c O' 4 PAMELA JEAN CANNON Ili NOTARY PUBLIC it '-STATE OF FLORIDA � Cantrdi FF235645 Expires 9/18/2019 AS TO THE DISTRICT: ATTEST„ DWIGHT E. BROCI4.CLERK BOARD OF DISTRICT COMMISSIONER, COLLIER DISTRICT, FLORIDA, AS THE GOVERNING BODY By;",� °'- OF COLLIER DISTRICT AND EX-OFFICIO THE Attest as to Chair '*CrER GOVERNING BOARD OF THE COLLIER DISTRICT WATER-SEWER CT DISTR signature only. By: Y TIM NANCE, CHAIRMAN A pr ed as to!nil d legality: C. tit 4.44 L— Name: s(Alt VQ. 7 eiL, Title: 1,e OM County Attopne s Office Page 14of21 1 --- EXHIBIT A PROPERTY DESCRIPTION fiva property covered by this Agreement is comprised of two pal,: ‘, ,. parcels. The first parcel is the 18. , ...7..!Crlf - - f°-- Course(Parcel ID No.33830040003). The second parcel is the Foxfire 9, Golf Course (Parcel ID No, 51844640005). Residential properties and road right-of-way„are not included unless they are irrigated with IQ Water. 1 t, „';,,,.., s,f: it: -...:, -*,,;---77- • _ .• 4P .-eT--it--,— a-,• ii e.;-,-- -.74.;.:Tri:',' f.:3 :',..t,' ,1,-,2 ---; ? Foxfre 18 ye; ,=17415, r:',.: ',441 4.i.s: ..° , Al .,,,,,4-, l'A`:, \v-,. ''.0- '41..a ' s' .,,,,if 71`,1f: 'I:4 I. ,..% ;:ett; ;•...*,f,'*',.' -: 1,..„ t 1„:- I-4','” *tt::,-- ' ,,5 i: ' :t ( -4 -, 1: , A' -34 N ..."' "*., ...,-.: ..; iv:- l44., p1. 1 5 3 ' A. ' Foxffre 9 —•- --- — ' v,tt-:y, ,. ..‘.. 7,,1-*,4,-.%-7,4- ,,:, ..,zv, i ,, -,..,. 0.:, , - ,51741.yo-iii,,,,,,.e.,---ifro--rot- • 4.4 t4,3„.... Ae -i-e-t,iii1.- . , , ,.I.,1 4. ir.,ti 2•%*`,..'1' :•-•,',:; ,..T.-.*.'-;...'‘'...". 5...;.,;; . .P."`" ,.;*lkirtitc...t.--..-- ts----: V;-,- 1....-,:....nte:•-,!--5.;_sit ,..f ., - ..,. , Page 15 of 21 RADIO ROAD(S.R. 856) • RIGHT-OF-WAY A 10' D.E.---1 -`— I TRACT 10 F-Z m 2 ,ZN J LLI FOXFIRE UNIT THREE a o- co n_ PLAT BOOK 13, PAGE 101 a Z t.4-_,-1,:_, 2.3. 0 F'o :N WU,, m — e FOUND 5/8" IRON ROD E ') I 0 15 30 60 e" 12 DIP PIPE — ASSEMBLY m 5 (INTENDED DISPLAY SCALE: 1'=60') N POINT OF VLV 0 DELIVERY \ .0 \` il .0 APPROXIMATE w NOTES: LOCATION OF BURIED RE—USE 1. THE APPROXIMATE LOCATION OF THE BURIED RE—USE, L;NE WAS TAKEN s� G��' LINE FROM PLANS CREATED BY MCKIMM AND CREED DATED DECEMBER 2014 QQ-- a. WITH A PROJECT NUMBER OF 279200210. 3 N, FOUND 5/8"IRON ROD t \�,�O� -1- LEGEND 'QCC�/ PB = PLAT BOOK 6 F \ PG = PAGE 0 OR = OFFICIAL RECORDS BOOK °a DB = DEED BOOK m D.E. = DRAINAGE EASEMENT N U.E. = UTILITY EASEMENT PI \ \ C.U.E.= COLLIER COUNTY WATER—SEWER EASEMENT N \ \ L.B.E.= LANDSCAPE BUFFER EASEMENT 0 \ 5 = AIR RELEASE VALVE d ® = STRUCTURE .o ® = ELECTRIC SERVICE BOX j II = FOUND CONCRETE MONUMENT `O Q = FOUND PK NAIL E. I 0 \ P = RECLAIMED WATER FLAGGING/PAINT MARKS n \ ® = RECLAIMED WATER VALVE M \ \ —0— = SIGN E. \ \ ® = SEWER VALVE vi J \S[-� �, 2350 STANFORD COURT POINT OF DELIVERY �r NAPLES, FLORIDA 34112 EXHBIT "B" FOXFIRE 18 PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. #642 DATE PROJECT NO. FILE Na SCALE SHEEP 1/2015 `20139330-0181 6-50-26 I As Shown 1 Of 1 /'' ( y. .I , Page 16 ✓_2i H.. >- N Q O W °° LI c° O II w Zw 0 w "' O Q I- Q I -J Q i- a. 1 a U N o H t•1 r 0 WY < Y in y - v"i......... ° p O 'a- m m o a N Q oF- � ¢ � Q W Q ~ °' , v wp zI ° . � O.. p o WO E-+I ''-sr' Q 0 F M I— Q W OI Ow 'o M I- 0 D Q u, 0z Pi e /A ®� 1SV3 9Z 30Nb�1 `H1f10S o N 04 dIHSNM01 '9 N01103S \ 1Sb3 5Z 30Nti2i 'H1f10S \ ` _\ 09 dIHSNM01 'L N01103S \, ,I\y \ \ \ \ \ \ \ Y °gv L 2\\ I j ¢ LLJOJm).. ❑ VILIrnm \ w z U \ \ \ J 0 Z BWV N 1.--- \ 3- d Sao¢ SON \ \ \ \\\ Z Z wZa" W I w ❑ (nC� \ \ \\ \ p O O> Q IXa Lil d xZ QJ CO Q \O\ I I! m m LL> + � 7 W Y I\LL Z \O EZ Q U Fw- W W V ;S > > - « -Z--4 °o O Z Z J J W Q V \\rWa \ \I Q � It w» (..)0c, lJ.1 F'•JOO LAW _W z I\ g•Z Z\0 ` �y >_. Q fn W LL IL. Z 0.' Ul U] W \I\x='oz LL Q II II II II II II II II II 4 -+� Q�F� Q L \a¢o�\ \ >• oo t� 'h$p ••Oi ®�� cm H \‘1.„\<,, ,,,,,,,„..`SJ s'\ W V?O Z J ❑ 11 F- L.\I \ \ D p= h 0 = \ 1 CO W w w \ \ I-.r .\r z. '' U) 1 Z - \I\ \Jpmy\� > � O Ln2 �w i w t .p�00 O mQ N \ < O Zti 0,, - Z Q ILI F-o W \I \ 1�� \ o 1 \0 - \C� 0 ww ° ' I ' <LLD ' < = W w\�,ZQ \ wY wOW = \ \ \U Y OOWUa W ZKo - J ° j\ J`fn LI-O\ m < m a}-f U Z in \�\ OQOa FwUO ZI--0 cc Y• ° O -J � U c4 eL 0-0 C3000-J ii:/ `I\ \ \ \ II II II 11 II ii II II - \_ I _\ 0 w W O O W m K m m Z1.33HS33S-3NIlHO.LYW 1-7 2 a.CD ° O:3(J.J p ' �`., P O wd6£Zl - GLOZ 'CO qaj sag (l rat-IS) 6MP•6 Mali an}xoj }!gLyx3 OOd - 810-0££6£LOZ\6 0-11.1x0.\810-0££6£1OZ\IS Lu PAOP 'i 7 of 1 17H ./ 1.133HS33S-3Nf1HOi ' '—a N O II / . J Et) g O tO`I \\ \ \ `I ° F-� la / \ \ \\Li._Z\\\ 0 ° ~ p st I\,\ o�< \ W w Z 1 O/ \� \ \U o¢\ \ w Z 0 W z r \ \ S0 I--. O - O \ \.wm¢ p on / -1 i\ \ 1-,,,-,w Q �N >' g / \\\-zzo, f o \ o-c '�\;b mil. I \a.¢o.g\ O a- 0 N Q \9'\\\¢*,-1 Ii \ F N � \\` IX Q i \ \\\Z U) Q L I\ \ \� rn W I' \ \ ce.N-Mp 0m ¢ °°M, d Ff \\ Q v W (qJ \ Cl- O \ \.1 . ■J ❑ ! X Z CD ozv \I O NZa. \'I \ \ CE J W W d� O \ \ \\\� CO FW" p �, �WOLQ I-2-1 Q W ti Qto \I\�\\\ CO ¢ - NW�ZZ J.7e ce ¢- ¢H \\ \ \\ moo� » c�icwi � WN mo \ \ \ QEnw0 o ix cc iiicn - H Z I--o2 ?>° l-°wa] I \I\ \' - \` ®� N '4® 2MOtd-o+ ®m v J W hi oZCO D0�oo \ I O0* W U O I-0 O N 81\ F\O.� W ' L.LJ O 0_Qv o,xUfn \\ \\J�O.- W cn X0 OF �gVjoO w O ZJ� \I \ 3c6- w �wQ �\o� �F 0 V` Wes_ I\ �o'� WZ Z JW Uln \ \ zcc Low 3 W O Q lli 000 \ \ O`er 1il.W VWj W U w O d \��\ .m \z d\ o a¢ ?""'""'"•1 LI.3 c- i .ww\W--\Q'\ I O �W O ¢\� O Z} J \\-2016::21 O CO 0' W W l- mg N II \m \::\ Y U Q W °� N gyp., } / I\wiz I \-�\ \\- m ¢ m Z F-W IX N K v wa .I \s \ I- W U o - O o O -� / \ ZI du \# z QU� WQ-I-IZ _-J \ 0 \.� \j z . \ \-.I aa000 o_J W �`� \ \'\\I \a \ \I W II H II II II H W II w Z j tb\\ Z\\co�I ,\I\\\l\\\\ �7 a o 0 0 I.1 LI d i X J Z \ �L_`\ \\ \\ o �� I \\� Wd0•bZI. - 4LOZ `CO qad sag (Z hays) 6MP'6 Mall ail;xod \ }I4!4x3 00d - 810-0££6£102\6 aJ xo4\8l0-0££6£t0Z\:S �C; `1 • PAPP 18of21 • 1711 EXHIBIT C CROSS CONNECTION INSPECTIONS REQUIRED Number of Connections to Address Description Potable Water System (Approx.) 1030 Kings Way Clubhouse Complex 3 355 Foxtail Court Maintenance Building 1 169 to 226 Fox Glen Drive Fox Club Condominiums 5 219 to 228 Fox Glen Drive Foxwood Condominiums 5 200 to 960 Kings Way Villas I Condominiums 62 101 to 178 Fox Glen Drive Villas II Condominiums 60 _ 102 to 724 Foxtail Court _Veranda II Condominiums 8 400 to 460 Fox Haven Drive Fox Haven Condominiums 9 5250 to 5483 Fox Hollow Drive Fox Hollow Condominiums 9 1101 Foxfire Lane Single Family Residence 1 1123 Foxfire Lane Single Family Residence 1 1503 Foxfire Lane Single Family Residence 1 1535 Foxfire Lane Single Family Residence 1 1551 Foxfire Lane Single Family Residence 1 1567 Foxfire Lane Single Family Residence 1 1583 Foxfire Lane Single Family Residence 1 1380 Kings Way Single Family Residence 1 1368 Kings Way Single Family Residence 1 1348 Kings Way Single Family Residence 1 1324 Kings Way Single Family Residence 1 1320 Kings Way Single Family Residence 1 5360 Foxhound Drive Single Family Residence 1 5344 Foxhound Drive Single Family Residence 1 5330 Foxhound Drive Single Family Residence 1 5314 Foxhound Drive Single Family Residence 1 5300 Foxhound Drive Single Family Residence 1 5305 Foxhound Drive Single Family Residence 1 493 Kings Way Single Family Residence 1 457 Kings Way Single Family Residence 1 439 Kings Way Single Family Residence 1 421 Kings Way Single Family Residence 1 403 Kings Way Single Family Residence 1 391 Kings Way Single Family Residence 1 355 Kings Way Single Family Residence. 1 Page 19 of 21 S . ^h 17H 337 Kings Way Single Family Residence 1 319 _Kings Way Single Family Residence 1 275 Kings Way Single Family Residence 1 203 Kings Way Single Family Residence 1 136 Fox Den Circle Single Family Residence 1 184 Fox Den Circle Single Family Residence 1 200 Fox Den Circle Single Family Residence 1 214 Fox Den Circle Single Family Residence 1 250 Fox Den Circle Single Family Residence 1 272 Fox Den Circle Single Family Residence 1 286 Fox Den Circle Single Family Residence 1 310 Fox Den Circle Single Family Residence 1 326 Fox Den Circle Single Family Residence 1 348 Fox Den Circle Single Family Residence 1 360 Fox Den Circle Single Family Residence 1 372 Fox Den Circle Single Family Residence 1 384 Fox Den Circle Single Family Residence 1 396 Fox Den Circle Single Family Residence 1 412 Fox Den Circle Single Family Residence 1 452 Fox Den Circle Single Family Residence 1 474 Fox Den Circle Single Family Residence 1 486 Fox Den Circle Single Family Residence 1 Total 209 Plus any other structure irrigated with IQ Water with a connection to the potable water system Page 20 of 21 1 1 7 H EXHIBIT D SPECIAL PROVISIONS 1. Pressure transducers and staff gauges located in the IQ Water discharge ponds of Foxfire 9 and Foxfire 18 shall remain the property of the District. 2. 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 within Foxfire that use ICI Water, regardless of ownership. Page 21 of 21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 1-,1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Scott R. Teach, Deputy County Atty. County Attorney SRT b/5 County Attorney Office 2. BCC Office Board of County -'C11 Commissioners \114/5/ 1Z\Z_VS 3. Minutes and Records Clerk of Court's Office tz(03(f5 3 r5fetn PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was 6/25/2013 Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached Glades Golf and Country Club,Inc. Major User Agreement PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the OD'BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1711 Memorandum TO: Minutes & Records Management ------""FROM: c\ ,,)/- oni Mott, Real Property Management DATE: November 11, 2015 RE: Glades Golf and Country Club, Inc. Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H, the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Nance's signature as Chairman on the Major User Agreement for Glades Golf and Country Club, Inc.. Once the attestation is complete, a Recording Form is attached to complete the transaction. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! Wetreie aF)-em-i-Ai 17t Major User Agreement for Delivery and Reuse of Irrigation Quality(IQ)Water Glades THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is made and entered into this- ? day of QC/f', 201_by and between Glades Golf and Country Club, Inc., a Florida Non-Profit Corporation, whose mailing address is 174 Teryl Road, Naples, FL 34112 (hereinafter referred to as "User") and the Collier Water-Sewer District (hereinafter referred to as "District"), collectively,tae.Parties hereto ("Parties").This Agreement will take effect on 201), nd 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 an other forms of effluent disposal; the District desires to use for itself and make available to the m o q m public, IQ Water as an alternative water resource to be used for both irrigation and nor F c.o irrigation purposes; and, % -I o N ° nmmo ooai0w WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose a z z1 N N effluent upon any property owned by another party, must enter into a binding agreement o • between the involved parties to ensure that construction, operation, maintenance, anc o o N N monitoring of such use meets the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C.; m �, ° o71oo -0 and, > -0 c) WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013-48, m to maintain compliance with District Wastewater Reclamation Facility operating permits, o w applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy and c ° allow for optimization of the District's IQ Water System; and, 0 C: 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 I 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. I ( 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO Page 1of19 111)10 THEM IN THE DISTRICT IQ WATER POLICY. 3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. Except as provided in Exhibit D, 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 10 Water Service to include, but not be limited to, definitions, levels of service, application of rates, and the provision of service. 6. QUANTITY. User is served by two IQ Water meter assemblies, a Bulk assembly and a Pressure assembly. Bulk Service Customers: the User's Allocation for its Bulk assembly 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."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 450,000 gallons per day (gpd). This Allocation constitutes the minimum amount of IQ Water that the District agrees to provide to the User through its Bulk assembly, subject to all of the other terms and conditions as set out further in this Agreement. Pressurized Service Customers: the User's anticipated usage for the Pressure assembly is based on the IQ Water Application Rate for the Irrigable Property described in Exhibit "A" and is calculated as 116,370 gpd. The District is not obligated to provide any additional IQ Water to the User beyond the User's Allocation for the term of this Agreement. However, based upon IQ Water availability, the District will use all reasonable efforts pursuant to the terms of this Agreement to provide the User with additional volumes of IQ Water beyond the User's Allocation to approximate the historic volumes delivered to the User. Delivery of thi III additional IQ Water at any time does not grant the User with an increase to its Allocatio under this Agreement. No Allocations will exceed the amount as is determined by th Page 2 of 19 1 H 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. 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 10 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 1QWAR 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. I (11109 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 Page 3 of 19 ,k,r3 17H 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: Pressure Assembly-At the beginning of the 8-inch branch line to the Palmetto Golf Course pumping station, immediately upstream of the valve Bulk Assembly-At the southeast leg of the "Tee"fitting leading to the Glades' privately-owned pumping station adjacent to the Glades IQ Water storage tank 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. Page 4of19 �9 17H • 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 or any damage due to low pressure or lack of flow. i 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 ha not placed anything either into or onto the User's property without the User's writte consent, and (b) the User is responsible for injury to persons on, or damages to the Page 5 of 19 A 17H 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 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 i d Page 6of19 17H 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. 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 343 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) th- actual IQ Water delivered as metered at the User's POD. Page 7 of 19 17H 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 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 10 water. 24. DISTRICT EMERGENCY SITUATIONS. The District may temporarily cease IQ Water Delivery in anticipation of a major storm event. This emergency situation shall no relieve the User from payment for that period of time. Page 8of19 • 6vp 17H 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 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: Glades Golf and Country Club, Inc. Wastewater Director 174 Teryl Road 4370 Mercantile Ave. Naples, FL 34112 Naples, FL 34104 Attention: General Manager Page 9 of 19 )da 17h. With copies to: Office of the Collier County Attorney 3299 Tamiami Trail E., Suite 800 Naples, FL 34112 The addressees, addresses and numbers for the purpose of this section may be revised by either Party by giving written notice of such change to the other party in any of the manners provided herein. For the purpose of changing such addressees, addresses and numbers only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Notice given in accordance with the provisions of this section shall be deemed to be delivered and effective upon receipt of an automated fax confirmation; or on the fifth day after the certified or registered mail has been postmarked; or receipt of personal delivery; or delivery with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal service as not delivered as the case may be, if mailed. 27. NOTIFICATION IN EVENT OF EMERGENCY. The User's representative who shall be notified in the event of an emergency or District's inability to deliver 10 water are: NAME, PHONE, EMAIL ADDRESS; Mr. Bill Hinn Golf Course Superintendent 0: 239.774.6899 Ext. 132 M: 239.253.5242 Bill @gladescc.com The District shall attempt User notification by telephone or email stating the nature of the emergency and the anticipated duration of the service interruption if the interruption is expected to exceed 72 hours. It is the responsibility of the User to provide written notification to the District of a change in representative. User may change its representative by providing written notice to District to become effective upon acknowledgement by District. The District representatives who shall be notified in the event of an emergency are: Irrigation Quality Manager, (239) 252-6284; AND On Call Wastewater Department, (239) 252-2600 28. USE OF IQ WATER. (i)The User hereby affirms that it has read, understands and will fully comply with the terms, conditions, requirements and obligations of Ordinance No. 2013- 48 for the receipt of District 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 Page 10 of 19 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 C 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. Page 11 of 19 -0) 17H 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. 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 Page 12 of 19 17H 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) £.14, 6 '/_'L1 Name:fJ .,4 b1I / Glades Golf and Country Club, Inc., a Florida Non-Profit Corporation B xi/ C / 7V" Witness(Signature) ' Cxeieee...7` �•� ( g ) C (i_v ao—L., Ea 1 t( t'(IL 1,-u LA Printed name and title ` ‘siiiix,7-- Name: , NA Mk 60 1 LL IAN 5 1 1 C Page 13 of 19 i'0 1 7 H State of 491•061 County of Cam` The foregoing Major User Agreement for Delivery and Reuse of Irri a iop Quality (IQ) Water was acknowle ged before me this o210 day of &- 1 , 2015 by DOin1/9/C ppSSq/4 C U4 (Name), frs,deJ77' (Title), on behalf of Glades Golf and Countr�Club, Inc., a Florida Non-Profit Corporation (USER), who is personally known to me or who has produced ..a OL,h'ccfIAtSP(type of identification) as identification. (affix notarial seal) _ l%�' (Sign Luree o Notary Public) o1�PY';yPli CRISTIE SMITH ._.. //.S7/fie ,• Sins IA sz•4, i Commission#EE 868247 NI.461 Expires January 23,2017 (Print Name of Notary Public) NI.461 �:�`` Bonded Thru Troy Fain Insurance M-395-7019 NOTARY PUBLIC a /;6g 7 Serial/Commission #:(if any) tS My Commission Expires: //o?3J17 AS TO THE DISTRICT: K''`` ATTEST: ' ' DWl i E. B Ct;E1K r BOARD OF DISTRICT COMMISSIONER, COLLIER DISTRICT, FLORIDA,AS THE GOVERNING BODY By: :. i' it OF COLLIER DISTRICT AND EX-OFFICIO THE pEp• <; GOVERNING BOARD OF THE COLLIER DISTRICT Attestalsto Chalfflt . WATER-SEWER DISTRICT signaturepnty:.R ,anti® - —" By: i j - Nance , CHAIRMAN Ap. ov7d as to form a d legality: L mu.. 1 12 N e Scit R. T a L Title: L�p"5 Co,.4y r4iy County Attorney's Office ,,,. 4... .,,„„. Page 14 of 19 a 17H CEXHIBIT A PROPERTY DESCRIPTION The property covered by this Agreement includes the two golf courses(Pines and Palmetto)owned by the Glades Golf and Country Club, Inc. In addition it includes the landscaped common elements associated with the multi-family residential units within the Glades Planned Unit Development. The area is shown below. owl a�w rz «. _ .o e Ow.p V 1 '41140111 1111111 I "t rte' 4:' 'i r i - i as S 4 rw . *•4 /1 M''. - e f. 1Cb�Al P iS, ... ......,..IRr c_w ' I " r '1 i C'i C --.' „' ift if - . t pi; ' 't , ,,t, 0...,,,, .., _ , .,,,,,,, , `" "c= 1" MO Te. yi Rvd.:. e E 9p ` ' Y �', , \ ', I', - Ir_• Fes;`: " `' ,, * . 1i G 71- ', •., a 1 4 . J 'c ,a. fi . a'19 +", ,� a cC . _ y . 1 � 4:) 1 rR �� j � y ` / # . Vi �,cn•' ernirlo�l, ,ove ,° 1 % 1 t I'14 4 «. 001011111411 WO***4IA 41 3.4 4 , " �,I'0'z �.4 . ' r .. ' ,Guilfflrd R•d --- 4 _, .°• 1, C Page 15 of 19 .. EXHIBIT B-Page 1 of 2 POINT OF DELIVERY PRESSURE ASSEMBLY 17H Point of Delivery at"Y"Fitting Immediately Upstream of Valve IQSV522 " IQCV173, IQ SSV1421 1 Collier County Public Utilities Division EXHIBIT B Planning and Project Management GLADES PRESSURE ASSEMBLY 2/10/15 Page 16 of 19 i��� 0 EXHIBIT B-Page 2 of 2 POINT OF DELIVERY BULK ASSEMBLY 17H .,,, , , , Glades IQ Tank ' IQ SV3■ f " ; a r t', P nAt._t F° T ra At" Point of Delivery is the Southeast Leg of the"Tee"Fitting Leading to-----= 4 V the Glades Country Club Pumping P ' Station. R / 1 �- It Collier County Public Utilities Division EXHIBIT B Planning and Project Management GLADES BULK ASSEMBLY 2/10/15 al top If Page 17 of 19 180 1 711 EXHIBIT C REQUIRED CROSS CONNECTION INSPECTIONS Address Range Number of Potable Water Service Connections 191-288 Albi Road 29 247-269 Candycane Lane 9 30-100 Glades Blvd. 35 105-197 Harrison Road 19 141-159 Lollypop Lane 8 213-267 Memory Lane 15 111-378 Palm Drive 76 104-197 Penny Lane 30 183-208 Peppermint Lane 9 135-261 Quails Nest Road 20 300-396 Tern Drive 15 102-891 Teryl Road 51 100-150 Twisting Trail 2 100-137 Winding Way 6 241-278 Winners Circle 12 100-118 Wintergreen Way 7 Total--Potable Water Service Connections 1 343 1 The number of potable water service connections was obtained 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 IQ Water System Manager. Page 18 of 19 1 7 H 4DEXHIBIT D SPECIAL PROVISIONS 1. With respect to Section 3 of this Agreement, User owns and operates the utility infrastructure to deliver irrigation water to the golf courses and residential common i areas. However, Glades Golf and Country Club, Inc. does not own all of the property to be irrigated. Regardless, Glades Golf and Country Club, 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 I this Agreement. 2. With respect to Section 6 of this Agreement, User has an unusual site-specific condition in that it is served by both Bulk and Pressure assemblies. Ordinance 2013- 48 established a total Allocation for the Glades Golf and Country Club of 756,388 gpd based upon its total irrigable area of 195 acres. The irrigable area served by the Pressure assembly is 30 acres. At 1 inch/acre-week, the anticipated usage at this assembly is 116,370 gpd. User has requested an allocation of 450,000 gpd at its Bulk assembly to avoid paying for water it does not use under this Agreement's "Take or Pay" provision. The sum of the 116,370 gpd and the 450,000 gpd is 566,370 gpd, which is less than User's approved Allocation. Section 6 provides that "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". User has filed such a written request with the District, and the District approves this request. User wishes to preserve the opportunity to increase its Allocation from the current 566,370 gpd if it finds that this reduced Allocation fails to meet its needs. User's Allocation shall not exceed 756,388 gpd, as established in Ordinance 2013-48. User acknowledges that adjustments to Allocations may only be made once per calendar year. 3. The District is currently evaluating the feasibility of eliminating the privately-owned Glades irrigation pumping station adjacent to the Glades tank and incorporating its flow into the District-owned IQ pumping station nearby. If, and when, such a change is made,the point of delivery for the Bulk delivery of IQ Water (as shown in Exhibit B) will be modified accordingly. 4 4 P --W age 19 of 19 , .p ORIGINAL DOCUMENTS CHECKLIST & ROUTI i G SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE T TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR '.IGNATU E Print on pink paper. Attach to original document. The completed routing slip and original documents are to be for 'arded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received i the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the doc ment is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initti is Date 1. 2. 3. County Attorney Office County Attorney Office .: 4. BCC Office Board of County Commissioners tbt or G4 61 5. Minutes and Records Clerk of Court's Office i PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact informa ion is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Pat Lehnhard, OMB Phone Number 252-8973 Contact/ Department Agenda Date Item was 6/25/13 Agenda Item Number /7:_z- Approved by the BCC Type of Document Resolution—Amend the Budget for the Number of Original One Attached 2012-13 Fiscal Year Documents Attached PO number or account n/a number if document is to be recorded 3 ? --t INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? PL 2. Does the document need to be sent to another agency for additional signatures? If yes, PL provide the Contact Information(Name; Agency; Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PL signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's PL Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip PL should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/25/13 and all changes made during the PL NikitttOt meeting have been incorporated in the attached document. The County Attorney's an o on f Office has reviewed the changes,if applicable. t.:11Y444. 9. Initials of attorney verifying that the attached document is the version approved by th. A;A-- 't a BCC, all changes directed by the BCC have been made,and the document is ready fo itr,for-- Chairman's signature. ',(• I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 l 171 RESOLUTION NO. 13- 1 41 A RESOLUTION PURSUANT TO SECTION 129.06(2),FLORIDA STATUTES,AMENDING THE BUDGET FOR THE 2012-13 FISCAL YEAR WHEREAS, Section 129.06(2),Florida Statutes,provides that the Board of County Commissioners(hereinafter also referred to as "Board")at any time within a fiscal year may amend a budget for that year,and provides the procedures therefore;and WHEREAS,the Board of County Commissioners of Collier County,Florida,has received copies of budget amendments which appropriate: unanticipated carry forward, or make transfers from one fund to another;and WHEREAS,the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2012-13 by resolution pursuant to Section 129.06,Florida Statutes. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that the budget amendments to the FY 2012-13 Budget described below are approved and hereby adopted and the FY 2012-13 Budget is so amended. INCREASE (DECREASE) CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND FUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS 708 13-412(5/28/13-16D14) $56,485.00 $17,000.00 $73,485.00 Human Resources Match To recognize transfer from Collier County Seniors Fund and co-payment collections in Human Services Match Fund to provide support services to grant operations,meet grant matching and co-payment requirements 123 13-414(5/28/13-16D14) $56,485.00 $56,485.00 Collier County Seniors To recognize carryforward to provide required match for Retired Senior Volunteer Program Grant 708 13-461(6/11/13-16D11) $22,045.00 $22,045.00 Human Services Match To recognize funds needed to match Grantor matching requirements 123 13-463(6/11/13-16D11) $4,518.96 $4,518.96 Collier County Seniors To recognize carryforward to provide required match for Retired Senior Volunteer Program Grant 105 13-467(5/28/13-16F2) $56,000.00 $56,000.00 Affordable Housing To recognize carryforward to provide refund of an Affordable Housing Contribution to Regal Point Developers,Inc. BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. - 1 - This Resolution adopted this 25th day of June,2013, after motion, second and majority vote. 17 i ATTEST: BOARD OF 0 i TY •MMISSIONERS DWIGHT E. BROCK,Clerk_ COLLIER I I TY, F' ORIDA By: "� By: ik I • Deputy Clerk Geor I a . `filler,Esq. to Mai ( Chairwoman Appro : COL. 9?V id'legality: .14 fififil ha �i� . Jeffrey .I K )w,County Attorney Item# Agenda �• *13 Date -- Date to-21-13 Redd Deputy " -2- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ii&R-k' -'1° TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE t t r- Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with e k exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Scott R. Teach, Deputy County Atty. County Attorney SRT !4141,County Attorney Office 2. BCC Office Board of County 'bar b� Commissioners \(Nr/c$/ \\L \\ 3. Minutes and Records Clerk of Court's Office t b a-_71)Citrk PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Toni A.Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was 6/25/2013 V Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached Autumn Woods Community Association, Inc. Major User Agreement PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. a 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum 17 ; ; TO: Minutes & Records Management FROM: � :•• 1 ott, Real Property Management DATE: January 12, 2016 RE: Autumn Woods Community Association, Inc. Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H; the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Fiala's signature as Chairman on the Major User Agreement for Audubon Country Club Association, Inc. Once the attestation is complete, a Recording Form is attached to complete the transaction. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! 1 7 Major User Agreement for Delivery and Reuse of Irrigation Quality(IQ)Water THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is o o made and entered into this *'' day of lAI✓ , 20/a by and between Autumn Woods rcn, Community Association, Inc., a Florida non profit corporation, whose mailing address is 6720 7. m = ox Autumn Woods Boulevard, Naples, FL 34109 (hereinafter referred to as "User") and the Collier ° o m °m District Water-Sewer District (hereinafter referred to as "District"), collectively, the Parties hereto ° o = ("Parties"). This Agreement will take effect on 1' Q , r 20/L and will be effective zoo o through September 30, 2020. O 01 RECITALS o rn v WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater = Dcc o disposal, conserving potable water sources, and Section 403.064, F.S. epcourages local m governments to implement reuse projects and places limitations on deep well injection and n ccnn other forms of effluent disposal; the District desires to use for itself and make available to the N public, IQ Water as an alternative water resource to be used for both irrigation and non =, irrigation purposes; and, o 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 22 i7H 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 IQ 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 90,508 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. • - - - - e - • e - - ••e. "," OS million gallons per day(MGD). (Not Applicable). 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. Page 2 of 22 �'Ac 17H 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 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 Page 3 of 22 Cq 17H 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 point where the 6-inch IQ Water main crosses the property line between the Goodlette-Frank Road right-of-way and Autumn Woods Tract C2 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. 2013-44, 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 22 (4r 17f; 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. 1. CONSERVATION. User shall make all reasonable efforts to conserve IQ Water. The User shall ensure that the User's employees, contractors, agents, residents, and invitees are informed about the importance of water conservation by implementing an educational program. 18. INDEMNIFICATION AND HOLD HARMLESS. ( i ) Upon a finding through a production of competent evidence that: (a) the District has not placed anything either into or onto the User's property without the User's written consent, and (b) the User is responsible for injury to persons on, or damages to the property of the District, the User indemnifies and holds the District harmless from and against all liabilities, claims, damages, expenses, or actions, either at law or equity, caused or incurred as the result of the negligence, omissions or willful acts of the User, its agents, employees, residents, guests, or invitees, whose acts or omissions for which the District may be held liable during the District's performance of this Agreement; to specifically include any cross connections made by the User, including, but not limited to: between potable water, IQ water, surficial water and any other additional or supplemental water sources. User acknowledges that IQ water, due to its chemical composition, may not be Page5of22 C��C 17H 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 560 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. 2013-44. 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 10 Water delivered as metered at the User's POD. Additional usage above the Allocation amount will be billed per published and prevailing rates, per service type, per 1000 gallons. For Major Users with Bulk Service, the Allocation as billed for the respective billing period shall be equivalent to a meter availability charge. 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 Page 7 of 22 CJ 17H 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(%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 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 Page 6 of 22 1 7 H . - . ... 1 . • - - - - - • . (Not applicable) 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. 2013-44, 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 22 L I7H (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 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: Autumn Woods Community Association Wastewater Director 6720 Autumn Woods Boulevard 4370 Mercantile Avenue Naples, FL 34109 Naples, FL 34104 Attn:Tony McHugh, Property Manager With copies to: Office of the Collier County Attorney 3299 Tamiami Trail E.,Suite 800 Naples, FL 34112 Page 9 of 22 Kam. 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: Tony McHugh, Property Manager tmchugh@yresortgroupinc.com (Office) (239) 596-9634, (Cell) (239) 776-8569 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. (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, Page 10 of 22 1 7 H 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. 2013-44. 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 Page 11 of 22 t _i 17Ff 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. 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 Page 12 of 22 _ _ clearly and specifically refer to this Agreement by title and date. Any amendments to Ordinance No. 2013-44 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) Autumn Woods Community Association, Inc., a Floridan•n-profit corporatio Name: a .. -47 BY: xine Witnesy Signature) Kt/4/T',g L-1-3p4/0634 f- Name Printed Name and Title /9141-41.1 4 �� M A5-t-S (A)00, Page 13 of 22 17fj State of F[_c. l (`7A County of eatf&R The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water was acknowledged before me this 8774 day of doUteill , 204 by kU J/S 4. cJoKNSOtI (Name) PRE.S/Z>fNT (Title) on behalf of Autumn Woods Community Association, Inc. a Florida non-profit corporation (USER), who is personally known to me or who has produced (type of identification) as identification. (affix notarial seal) n ature of Notary Public 1 Y ) � o Notary Public.State of Florida ^ u �fA2T/N L Susan D Martinson ►`rint Name of Notary Public) • i d. Expires Commission E7 8717+9 OTARY PUBLIC •�� qf� Expires 04/01i?OV ', `' erial/Commission#:(if any) E. S7/7/T - • Y7 1 A � : A al ' y My Commission Expires: 04/042o/7 AS TO THE DISTRICT: ATTEST: - D HT E.BR. , CLERK BOARD OF DISTRICT COMMISSIONER,COLLIER DISTRICT, FLORIDA,AS THE GOVERNING BODY ,+ ,:i ' ��' OF COLLIER DISTRICT AND EX-OFFICIO THE ' D .P11-13 CLERK GOVERNING BOARD OF THE COLLIER DISTRICT v Attest as to Ch4ir'n1an's WATER-SEWER DISTRICT sinrrture©r* By, o Don,ha_ t—Ia'&. ' CHAIRMAN p. oved as t• •rm and legality: op 2,44 L I ame: st u (Z, 74 * tL Title: op 4y e Y County Attorhey'f Office Page 14 of 22 0 1 7 H EXHIBIT A . n Property Description Planned Unit Development. proPe Autumn Woods Planned Agreement is shown below. re by this Agrea of 84.17 Acres, covered co.._. its irrigable area The property a y, with I :„. 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6Mp•spooM uwn;ny - 149lyx3 00d - eto-0££6£LOZ\Jul 'uopopossy Allunww00 &Poo/A uwnlny\g10-0££6£LOZ\:S co P g-2 16 of 22 1711 EXHIBIT C CROSS CONNECTION INSPECTIONS 1 6589 Autumn Woods BLVD 41 6497 Autumn Woods BLVD 81 6733 Autumn Woods BLVD 2 6472 Autumn Woods BLVD 42 6617 Autumn Woods BLVD 82 6561 Autumn Woods BLVD 3 6436 Autumn Woods BLVD 43 6516 Autumn Woods BLVD 83 6449 Autumn Woods BLVD 4 6541 Autumn Woods BLVD 44 6468 Autumn Woods BLVD 84 6953 Autumn Woods BLVD 5 6557 Autumn Woods BLVD 45 6477 Autumn Woods BLVD 85 6481 Autumn Woods BLVD 6 6473 Autumn Woods BLVD 46 6429 Autumn Woods BLVD 86 6585 Autumn Woods BLVD 7 6486 Autumn Woods BLVD 47 6537 Autumn Woods BLVD 87 6505 Autumn Woods BLVD 8 6489 Autumn Woods BLVD 48 6469 Autumn Woods BLVD 88 6493 Autumn Woods BLVD 9 6729 Autumn Woods BLVD 49 6506 Autumn Woods BLVD 89 6416 Autumn Woods BLVD 10 6521 Autumn Woods BLVD 50 6565 Autumn Woods BLVD 90 6496 Autumn Woods BLVD 11 6441 Autumn Woods BLVD 51 6613 Autumn Woods BLVD 91 6486 Birchwood CT 12 6945 Autumn Woods BLVD 52 6720 Autumn Woods BLVD 92 6483 Birchwood CT 13 6536 Autumn Woods BLVD 53 6545 Autumn Woods BLVD 93 6474 Birchwood CT 14 6457 Autumn Woods BLVD 54 6949 Autumn Woods BLVD 94 6430 Birchwood CT 15 6961 Autumn Woods BLVD 55 6501 Autumn Woods BLVD 95 6427 Birchwood CT 16 6420 Autumn Woods BLVD 56 6533 Autumn Woods BLVD 96 6495 Birchwood CT 17 6417 Autumn Woods BLVD 57 6444 Autumn Woods BLVD 97 6418 Birchwood CT 18 6601 Autumn Woods BLVD 58 6476 Autumn Woods BLVD 98 6466 Birchwood CT 19 6421 Autumn Woods BLVD 59 6465 Autumn Woods BLVD 99 6442 Birchwood CT 20 6553 Autumn Woods BLVD 60 6432 Autumn Woods BLVD 100 6447 Birchwood CT 21 6424 Autumn Woods BLVD 61 6549 Autumn Woods BLVD 101 6490 Birchwood CT 22 6725 Autumn Woods BLVD 62 6593 Autumn Woods BLVD 102 6446 Birchwood CT 23 6485 Autumn Woods BLVD 63 6525 Autumn Woods BLVD 103 6491 Birchwood CT 24 6605 Autumn Woods BLVD 64 6445 Autumn Woods BLVD 104 6423 Birchwood CT 25 6929 Autumn Woods BLVD 65 6581 Autumn Woods BLVD 105 6435 Birchwood CT 26 6569 Autumn Woods BLVD 66 6513 Autumn Woods BLVD 106 6478 Birchwood CT 27 6621 Autumn Woods BLVD 67 6437 Autumn Woods BLVD 107 6479 Birchwood CT 28 6573 Autumn Woods BLVD 68 6440 Autumn Woods BLVD 108 6459 Birchwood CT 29 6577 Autumn Woods BLVD 69 6517 Autumn Woods BLVD 109 6431 Birchwood CT 30 6957 Autumn Woods BLVD 70 6526 Autumn Woods BLVD 110 6463 Birchwood CT 31 6456 Autumn Woods BLVD 71 6941 Autumn Woods BLVD 111 6494 Birchwood CT 32 6453 Autumn Woods BLVD 72 6937 Autumn Woods BLVD 112 6462 Birchwood CT 33 6509 Autumn Woods BLVD 73 6433 Autumn Woods BLVD 113 6467 Birchwood CT 34 6933 Autumn Woods BLVD 74 6464 Autumn Woods BLVD 114 6426 Birchwood CT 35 6461 Autumn Woods BLVD 75 6425 Autumn Woods BLVD 115 6458 Birchwood CT 36 6448 Autumn Woods BLVD 76 6428 Autumn Woods BLVD 116 6451 Birchwood CT 37 6952 Autumn Woods BLVD 77 6597 Autumn Woods BLVD 117 6443 Birchwood CT 38 6460 Autumn Woods BLVD 78 6609 Autumn Woods BLVD 118 6434 Birchwood CT 39 6737 Autumn Woods BLVD 79 6529 Autumn Woods BLVD 119 6471 Birchwood CT 40 6965 Autumn Woods BLVD 80 6452 Autumn Woods BLVD 120 6439 Birchwood CT Page 17 of 22 e 17HEXHIBIT C CROSS CONNECTION INSPECTIONS 121 6482 Birchwood CT 161 7130 Blue Juniper CT 201 6996 Burnt Sienna OR 122 6454 Birchwood CT 162 7130 Blue Juniper CT 202 6925 Burnt Sienna CIR 123 6450 Birchwood CT 163 7127 Blue Juniper CT 203 6957 Burnt Sienna CIR 124 6475 Birchwood CT 164 7127 Blue Juniper CT 204 7003 Burnt Sienna CIR 125 6470 Birchwood CT 165 7127 Blue Juniper CT 205 6928 Burnt Sienna CIR 126 6422 Birchwood CT 166 7127 Blue Juniper CT 206 6960 Burnt Sienna CIR 127 6455 Birchwood CT 167 6952 Burnt Sienna CIR 207 7008 Burnt Sienna CIR 128 6419 Birchwood CT 168 6961 Burnt Sienna OR 208 6972 Burnt Sienna CIR 129 6487 Birchwood CT 169 6964 Burnt Sienna OR 209 6977 Burnt Sienna CIR 130 6438 Birchwood CT 170 6901 Burnt Sienna CIR 210 6924 Burnt Sienna CIR 131 7134 Blue Juniper CT 171 6932 Burnt Sienna CIR 211 7007 Burnt Sienna CIR 132 7134 Blue Juniper CT 172 6981 Burnt Sienna CIR 212 6992 Burnt Sienna CIR 133 7134 Blue Juniper CT 173 6988 Burnt Sienna CIR 213 6956 Burnt Sienna CIR 134 7134 Blue Juniper CT 174 6985 Burnt Sienna CIR 214 6549 Chestnut CIR 135 7131 Blue Juniper CT 175 6908 Burnt Sienna CIR 215 6614 Chestnut CIR 136 7131 Blue Juniper CT 176 6905 Burnt Sienna CIR 216 6553 Chestnut CIR 137 7131 Blue Juniper CT 177 6948 Burnt Sienna OR 217 6560 Chestnut CIR 138 7131 Blue Juniper CT 178 6980 Burnt Sienna CIR 218 6599 Chestnut CIR 139 7118 Blue Juniper CT 179 6913 Burnt Sienna CIR 219 6565 Chestnut CIR 140 7122 Blue Juniper CT 180 7004 Burnt Sienna CIR 220 6615 Chestnut CIR 141 7122 Blue Juniper CT 181 6933 Burnt Sienna CIR 221 6561 Chestnut CIR 142 7122 Blue Juniper CT 182 6995 Burnt Sienna CIR 222 6564 Chestnut CIR 143 7122 Blue Juniper CT 183 6984 Burnt Sienna CIR 223 6610 Chestnut CIR 144 7123 Blue Juniper CT 184 6999 Burnt Sienna CIR 224 6576 Chestnut CIR 145 7123 Blue Juniper CT 185 6968 Burnt Sienna OR 225 6584 Chestnut CIR 146 7123 Blue Juniper CT 186 6920 Burnt Sienna CIR 226 6595 Chestnut CIR 147 7123 Blue Juniper CT 187 6973 Burnt Sienna CIR 227 6602 Chestnut CIR 148 7126 Blue Juniper CT 188 6969 Burnt Sienna CIR 228 6537 Chestnut CIR 149 7126 Blue Juniper CT 189 7000 Burnt Sienna OR 229 6541 Chestnut CIR 150 7126 Blue Juniper CT 190 6917 Burnt Sienna CIR 230 6611 Chestnut CIR 151 7126 Blue Juniper CT 191 6936 Burnt Sienna CIR 231 6592 Chestnut CIR 152 7122 Blue Juniper CT 192 6904 Burnt Sienna CIR 232 6550 Chestnut CIR 153 7126 Blue Juniper CT 193 6916 Burnt Sienna CIR 233 6542 Chestnut CIR 154 7130 Blue Juniper CT 194 6929 Burnt Sienna CIR 234 6557 Chestnut CIR 155 7134 Blue Juniper CT 195 6989 Burnt Sienna CIR 235 6545 Chestnut CIR 156 7131 Blue Juniper CT 196 6921 Burnt Sienna CIR 236 6572 Chestnut CIR 157 7127 Blue Juniper CT 197 6965 Burnt Sienna CIR 237 6569 Chestnut CIR 158 7123 Blue Juniper CT 198 6909 Burnt Sienna CIR 238 6580 Chestnut CIR 159 7130 Blue Juniper CT 199 6940 Burnt Sienna CIR 239 6607 Chestnut CIR 160 7130 Blue Juniper CT 200 6953 Burnt Sienna CIR 240 6538 Chestnut CIR Page 18 of 22 d:7 17H EXHIBIT C CROSS CONNECTION INSPECTIONS 241 6606 Chestnut CIR 281 6642 Nature Preserve CT 321 6794 Old Banyan WAY 242 6556 Chestnut OR 282 6622 Nature Preserve CT 322 6739 Old Banyan WAY 243 6603 Chestnut OR 283 6638 Nature Preserve CT 323 6743 Old Banyan WAY 244 6588 Chestnut OR 284 6646 Nature Preserve CT 324 6724 Old Banyan WAY 245 6591 Chestnut CIR 285 6630 Nature Preserve CT 325 6734 Old Banyan WAY 246 5573 Chestnut OR 286 6654 Nature Preserve CT 326 6859 Old Banyan WAY 247 6710 Goodlette-Frank Rd 287 6650 Nature Preserve CT 327 6854 Old Banyan WAY 248 6691 Mangrove WAY 288 6634 Nature Preserve CT 328 6866 Old Banyan WAY 249 6694 Mangrove WAY 289 6703 Old Banyan WAY 329 6747 Old Banyan WAY 250 6671 Mangrove WAY 290 6783 Old Banyan WAY 330 6762 Old Banyan WAY 251 6667 Mangrove WAY 291 6771 Old Banyan WAY 331 6775 Old Banyan WAY 252 6655 Mangrove WAY 292 6839 Old Banyan WAY 332 6858 Old Banyan WAY 253 6643 Mangrove WAY 293 6830 Old Banyan WAY 333 6799 Old Banyan WAY 254 6670 Mangrove WAY 294 6827 Old Banyan WAY 334 6707 Old Banyan WAY 255 6647 Mangrove WAY 295 6774 Old Banyan WAY 335 6790 Old Banyan WAY 256 6680 Mangrove WAY 296 6851 Old Banyan WAY 336 6786 Old Banyan WAY 257 6690 Mangrove WAY 297 6735 Old Banyan WAY 337 6755 Old Banyan WAY 258 6636 Mangrove WAY 298 6843 Old Banyan WAY 338 6712 Old Banyan WAY 259 6623 Mangrove WAY 299 6759 Old Banyan WAY 339 6808 Old Banyan WAY 260 6640 Mangrove WAY 300 6815 Old Banyan WAY 340 6716 Old Banyan WAY 261 6683 Mangrove WAY 301 6720 Old Banyan WAY 341 6846 Old Banyan WAY 262 6639 Mangrove WAY 302 6831 Old Banyan WAY 342 6767 Old Banyan WAY 263 6687 Mangrove WAY 303 6715 Old Banyan WAY 343 6791 Old Banyan WAY 264 6679 Mangrove WAY 304 6758 Old Banyan WAY 344 6804 Old Banyan WAY 265 6660 Mangrove WAY 305 6823 Old Banyan WAY 345 6766 Old Banyan WAY 266 6627 Mangrove WAY 306 6727 Old Banyan WAY 346 6834 Old Banyan WAY 267 6659 Mangrove WAY 307 6811 Old Banyan WAY 347 6763 Old Banyan WAY 268 6628 Mangrove WAY 308 6719 Old Banyan WAY 348 6847 Old Banyan WAY 269 6631 Mangrove WAY 309 6708 Old Banyan WAY 349 6819 Old Banyan WAY 270 6632 Mangrove WAY 310 6723 Old Banyan WAY 350 6731 Old Banyan WAY 271 6675 Mangrove WAY 311 6754 Old Banyan WAY 351 6704 Old Banyan WAY 272 6635 Mangrove WAY 312 6782 Old Banyan WAY 352 6787 Old Banyan WAY 273 6663 Mangrove WAY 313 6826 Old Banyan WAY 353 6803 Old Banyan WAY 274 6650 Mangrove WAY 314 6807 Old Banyan WAY 354 6711 Old Banyan WAY 275 6695 Mangrove WAY 315 6838 Old Banyan WAY 355 6855 Old Banyan WAY 276 6656 Mangrove WAY 316 6850 Old Banyan WAY 356 6778 Old Banyan WAY 277 6651 Mangrove WAY 317 6770 Old Banyan WAY 357 6779 Old Banyan WAY 278 6626 Nature Preserve CT 318 6862 Old Banyan WAY 358 6835 Old Banyan WAY 279 6662 Nature Preserve CT 319 6751 Old Banyan WAY 359 6371 Old Mahogany CT 280 6658 Nature Preserve CT 320 6795 Old Banyan WAY 360 6382 Old Mahogany CT Page 19 of 22 (;%-;) EXHIBIT C 17H CROSS CONNECTION INSPECTIONS 361 6350 Old Mahogany CT 401 7095 Pond Cypress CT 441 7055 Sugar Magnolia CIR 362 6390 Old Mahogany CT 402 7099 Pond Cypress CT 442 7030 Sugar Magnolia CIR 363 6355 Old Mahogany CT 403 7099 Pond Cypress CT 443 7058 Sugar Magnolia CIR 364 6367 Old Mahogany CT 404 7099 Pond Cypress CT 444 7062 Sugar Magnolia CIR 365 6336 Old Mahogany CT 405 7099 Pond Cypress CT 445 7074 Sugar Magnolia CIR 366 6383 Old Mahogany CT 406 7103 Pond Cypress CT 446 7059 Sugar Magnolia CIR 367 6387 Old Mahogany CT 407 7103 Pond Cypress CT 447 7102 Sugar Magnolia OR 368 6346 Old Mahogany CT 408 7103 Pond Cypress CT 448 7099 Sugar Magnolia CIR 369 6351 Old Mahogany CT 409 7103 Pond Cypress CT 449 7091 Sugar Magnolia CIR 370 6370 Old Mahogany CT 410 6726 RED OAK BLVD 450 7026 Sugar Magnolia CIR 371 6366 Old Mahogany CT 411 6756 Southern Oak CT 451 7090 Sugar Magnolia CIR 372 6359 Old Mahogany CT 412 6744 Southern Oak CT 452 7087 Sugar Magnolia CIR 373 6347 Old Mahogany CT 413 6753 Southern Oak CT 453 7078 Sugar Magnolia CIR 374 6374 Old Mahogany CT 414 6785 Southern Oak CT 454 7079 Sugar Magnolia CIR 375 6358 Old Mahogany CT 415 6760 Southern Oak CT 455 7098 Sugar Magnolia CIR 376 6379 Old Mahogany CT 416 6784 Southern Oak CT 456 7054 Sugar Magnolia CIR 377 6391 Old Mahogany CT 417 6773 Southern Oak CT 457 7046 Sugar Magnolia OR 378 6362 Old Mahogany CT 418 6772 Southern Oak CT 458 7063 Sugar Magnolia CIR 379 6354 Old Mahogany CT 419 6745 Southern Oak CT 459 7067 Sugar Magnolia CIR 380 6342 Old Mahogany CT 420 6777 Southern Oak CT 460 7083 Sugar Magnolia CIR 381 6343 Old Mahogany CT 421 6764 Southern Oak CT 461 7022 Sugar Magnolia CIR 382 6363 Old Mahogany CT 422 6789 Southern Oak CT 462 7034 Sugar Magnolia CIR 383 6378 Old Mahogany CT 423 6776 Southern Oak CT 463 7015 Sugar Magnolia CIR 384 6375 Old Mahogany CT 424 6761 Southern Oak CT 464 7070 Sugar Magnolia CIR 385 7098 Pond Cypress CT 425 6749 Southern Oak CT 465 7106 Sugar Magnolia CIR 386 7098 Pond Cypress CT 426 6757 Southern Oak CT 466 7103 Sugar Magnolia CIR 387 7098 Pond Cypress CT 427 6769 Southern Oak CT 467 7066 Sugar Magnolia CIR 388 7098 Pond Cypress CT 428 6752 Southern Oak CT 468 7018 Sugar Magnolia CIR 389 7095 Pond Cypress CT 429 6748 Southern Oak CT 469 7071 Sugar Magnolia CIR 390 7099 Pond Cypress CT 430 6765 Southern Oak CT 470 7045 Sugar Magnolia CIR 391 7103 Pond Cypress CT 431 6793 Southern Oak CT 471 7082 Sugar Magnolia CIR 392 7102 Pond Cypress CT 432 6781 Southern Oak CT 472 7094 Sugar Magnolia CIR 393 7098 Pond Cypress CT 433 6780 Southern Oak CT 473 7095 Sugar Magnolia CIR 394 7102 Pond Cypress CT 434 6768 Southern Oak CT 474 7014 Sugar Magnolia CIR 395 7102 Pond Cypress CT 435 7117 Sugar Magnolia CIR 475 7112 Sugar Magnolia OR 396 7102 Pond Cypress CT 436 7086 Sugar Magnolia CIR 476 7038 Sugar Magnolia CIR 397 7102 Pond Cypress CT 437 7116 Sugar Magnolia CIR 477 7050 Sugar Magnolia CIR 398 7095 Pond Cypress CT 438 7025 Sugar Magnolia OR 478 7135 Sugar Magnolia CT 399 7095 Pond Cypress CT 439 7042 Sugar Magnolia CIR 479 7138 Sugar Magnolia CT 400 7095 Pond Cypress CT 440 7075 Sugar Magnolia CIR 480 7143 Sugar Magnolia CT Page 20 of 22 {fib, EXHIBIT C CROSS CONNECTION INSPECTIONS 17H 481 7111 Sugar Magnolia CT 521 7120 Timberland CIR 561 7119 Wild Forest CT 482 7142 Sugar Magnolia CT 522 7120 Timberland CIR 562 7119 Wild Forest CT 483 7114 Sugar Magnolia CT 523 7117 Timberland CIR 563 7119 Wild Forest CT 484 7110 Sugar Magnolia CT 524 7064 Timberland CIR 564 7115 Wild Forest CT 485 7122 Sugar Magnolia CT 525 7044 Timberland CIR 565 7115 Wild Forest CT 486 7126 Sugar Magnolia CT 526 7092 Timberland CIR 566 7115 Wild Forest CT 487 7139 Sugar Magnolia CT 527 7092 Timberland CIR 567 7115 Wild Forest CT 488 7127 Sugar Magnolia CT 528 7092 Timberland CIR 568 7110 Wild Forest CT 489 7115 Sugar Magnolia CT 529 7092 Timberland CIR 569 7110 Wild Forest CT 490 7123 Sugar Magnolia CT 530 7093 Timberland CIR 570 7110 Wild Forest CT 491 7130 Sugar Magnolia CT 531 7049 Timberland CIR 571 7110 Wild Forest CT 492 7131 Sugar Magnolia CT 532 7125 Timberland CIR 572 7114 Wild Forest CT 493 7134 Sugar Magnolia CT 533 7045 Timberland CIR 573 7114 Wild Forest CT 494 7119 Sugar Magnolia CT 534 7080 Timberland CIR 574 7114 Wild Forest CT 495 7118 Sugar Magnolia CT 535 7128 Timberland CIR 575 7114 Wild Forest CT 496 7072 Timberland CIR 536 7128 Timberland CIR 497 7121 Timberland CIR 537 7128 Timberland CIR 498 7132 Timberland CIR 538 7128 Timberland CIR 499 7132 Timberland CIR 539 7068 Timberland CIR 500 7132 Timberland CIR 540 7132 Timberland CIR 501 7132 Timberland OR 541 7128 Timberland CIR 502 7063 Timberland CIR 542 7120 Timberland CIR 503 7057 Timberland CIR 543 7092 Timberland CIR 504 7073 Timberland CIR 544 7113 Timberland OR 505 7060 Timberland CIR 545 7101 Timberland CIR 506 7088 Timberland CIR 546 7111 Wild Forest CT 507 7056 Timberland CIR 547 7119 Wild Forest CT 508 7053 Timberland CIR 548 7115 Wild Forest CT 509 7105 Timberland OR 549 7118 Wild Forest CT 510 7129 Timberland CIR 550 7114 Wild Forest CT 511 7052 Timberland CIR 551 7110 Wild Forest CT 512 7048 Timberland OR 552 7118 Wild Forest CT 513 7097 Timberland CIR 553 7118 Wild Forest CT 514 7084 Timberland CIR 554 7118 Wild Forest CT 515 7109 Timberland CIR 555 7118 Wild Forest CT 516 7085 Timberland CIR 556 7111 Wild Forest CT 517 7076 Timberland OR 557 7111 Wild Forest CT 518 7089 Timberland CIR 558 7111 Wild Forest CT 519 7120 Timberland CIR 559 7111 Wild Forest CT 520 7120 Timberland CIR 560 7119 Wild Forest CT Page 21 of 22 �r)b) 17H EXHIBIT D Special Provisions 1. The IQ meter assembly will be relocated by the District to a new location adjacent to Goodlette Frank Road. It is likely that a new easement on Autumn Woods Community Association property will be necessary to accommodate the relocated assembly. Relocation of the assembly will be contingent upon donation of such an easement by Autumn Woods Community Association. At such time as it is no longer needed,the easement within which the current assembly is located will be released by the District. The relocation will occur within two (2)years from the effective date of this Agreement. 2. The pressure transducer and staff gauge located in the IQ Water discharge pond shall remain the property of the District and shall continue to be maintained by the District. A 10-foot wide easement to accommodate the electrical conduit between the relocated assembly and the pressure transducer will be donated to District by User. Page 22 of 22 _-� ti., ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17H THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. �� t `heq/S **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alrea y complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, ACA County Attorney County Attorney Office C)(9 (I 4 1 2. BCC Office Board of County lbF by Commissioners >.1} 15/ (s.'�L/ Ito 3. Minutes and Records Clerk of Court's Office Lott (La 2: 4C PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was 6/25/2013 Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached Golf Enterprises,Inc.dba Lely Resort Golf and Country Club Major User Agreement(Lely Resorts) PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED* to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the (:)1.) _ Chairman's signature. • PfLe_co-e- —rayuL I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 w-ertii— _AtiQs2_ i‘JoLk_ 41-0\4A_ A- 9-(d vx%, 44-e- a,154 d P-rn 17H BelpedioJennifer From: MottToni Sent: Monday, June 13, 2016 5:29 PM To: BelpedioJennifer Subject: FW: Golf Enterprises - MUA Hi Jennifer, Just wanted to check that the above referenced MUA was going to be signed by the Chairman during break tomorrow. This is the one we spoke of and I put a note on the RLS that came over on Friday, June 10th Thank you very much for your assistance. Is it possible to walk it through Minutes & Records for attestation and then recording? Toni A. Mott, Manager, SR/WA Collier County Real Property Management 3335 Tamiami Trail East - Suite 101 Naples, FL 34112 Telephone Number: 239-252-8780 Fax Number: 230-252-8876 Under Florida Law.e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead.contact this office by telephone or in writing. 1 4 17H Memorandum TO: Minutes & Records Management FROM: ni Mott, Real Property Management DATE: June 10, 2016 RE: Golf Enterprises, Inc. dba Lely Resort Golf and Country Club Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H, the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Fiala's signature as Chairman on the Major User Agreement for Golf Enterprises, Inc. dba Lely Resort Golf and Country Club. Once the attestation is complete, a Recording Form is attached to complete the transaction. Note: The Major User Agreement needs to be signed by Chairman Fiala prior to June 25th. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! INSTR 5278639 OR 5284 PG 1356 17H RECORDED 6/16/2016 9:29 AM PAGES 23 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$197.00 INDX$1.00 Major User Agreement for Delivery and Reuse of Irrigation Quality(IQ)Water Lely Resorts THIS Major User Ag{reement for the Delivery and Reuse of IQ Water (Agreement) is made and entered into this I- day of J 4^c , 20 G by and between: Golf Enterprises, Inc. dba Lely Resort Golf and Country Club, a Foreign Profit Corporation, 6080 Center Drive, Suite 500, Santa Monica, CA 90045 (hereinafter referred to as "User") Associated Real Estate Southwest, Inc., a Florida Profit Corporation, 7995 Mahogany Run Lane, Naples, FL 34113 Commercial Properties Southwest, Inc., a Florida Profit Corporation, 7995 Mahogany Run Lane, Naples, FL 34113 (Associated Real Estate Southwest, Inc. and Commercial Properties,Southwest Inc. are hereinafter referred to as "Land Owner" and the Collier District Water-Sewer District (hereinafter referred to as "Di�trict"), collectively,the Parties hereto ("Parties"). This Agreement will take effect on S��t l' , 20 l 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, Page 1 of 22 0813 17H 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 THEM IN THE DISTRICT IQ WATER POLICY. 3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. Refer to Exhibit D for modification of this section for a special condition. 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 IQ 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 618,240 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 Page 2 of 22 ter. 17H Agreement to provide the User with additional volumes of IQ Water beyond the User's Allocation to approximate the historic volumes delivered to the User. Delivery of this additional IQ Water at any time does not grant the User with an increase to its Allocation under this Agreement. No Allocations will exceed the amount as is determined by the availability of the IQ Water. If the User is desirous of limiting the amount of IQ Water received to a specific volume less than or only equal to the Allocation amount, the User must file a request in writing to the District. Modifications to this request may only be made once per calendar year. The District agrees that it will provide the User with its Allocation of IQ Water instead of the deep injection of IQ Water (including charging aquifer storage and recovery wells); except for reclaimed water needed for water reclamation facility treatment processes, 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 10 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 and Land Owner 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 Page 3 of 22 j7H a new five year term. Refer to Exhibit D for modification of this section for a special condition. 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. 10 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 for each of the golf courses, is located as follows: Mustang: the point where the IQ main on the south side of Crowned Eagle Lane crosses onto the golf course property Classics:at the downstream buried flange of the IQ meter assembly Flamingo Island:the point where the IQ main to the meter assembly crosses the right-of-way line of Tiger Island Boulevard 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 Page 4 of 22 17H • Ordinance No. 2013-44, 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. 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. Refer to Exhibit D for modification of this section for a special condition. 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 Page 5 of 22 4 17H 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 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(%) 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, Page 6 of 22 1 7 H 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 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 a minimum of two 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. Page 7 of 22 17H 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 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. Page8of22 171-I 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 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: Lely Resort Golf and Country Club Wastewater Director c/o American Golf Corporation 4370 Mercantile Avenue 8004 Lely Resorts Boulevard Naples, FL 34103 Naples, FL 34113 Attn: David Leverant, General Manager Page 9 of 22 17H With copies to: Associated Real Estate Southwest, Inc. Office of the Collier County Attorney 7995 Mahogany Run Lane 3299 Tamiami Trail E., Suite 800 Naples, FL 34113 Naples, FL 34112 Attn: Joseph D. Boff, President and Commercial Properties Southwest, Inc. American Golf Corporation 7995 Mahogany Run Lane 6080 Center Drive, Suite 500 Naples, FL 34113 Los Angeles, CA 70045 Attn: Joseph D. Boff, President Attn: General Counsel The addressees 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: Trent Compton, Golf Course Superintendent Office: (239)775-7130, Mobile (239) 289 3736 lelvsuper@americangolf.com The District shall attempt User notification by telephone or email stating the nature of the emergency and the anticipated duration of the service interruption if the interruption is expected to exceed 72 hours. It is the responsibility of the User to provide written notification to the District of a change in representative. User may change its representative by providing written notice to District to become effective upon acknowledgement by District. The District representatives who shall be notified in the event of an emergency are: Page 10 of 22 17H 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. (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 Page 11 of 22 004") 17H 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. 2013-44. 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 or Land Owner's rights or obligations under this Agreement is prohibited without prior written consent of the District. Any attempt by User or Land Owner 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 Page 12 of 22 t - j7H The Land Owner 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. 2013-44 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 USER gip( Golf Enterprises, Inc., dba Lely Resort Golf and Country Club, a Foreign Profit Corporation Witness (Signature) Name: P‘^6k 11v9;,� By: pick C �OSC.,. /C Fc) � Witness (Sig /ture) Printed Name and Title Name: ; Page 13 of 22 1 7H Witnesses: AS TO LAND OWNER a) i Com - cial Prop-rties Sou • � - nc . FI,rida fm Witness (Signature) ::hit ,.rporati►`n/ e:1()l(,.(J citi A / 4/ -6-(114 �ess iS'gnature) Printe. Name and Title Name: 60(0/ 4- del.jay, 1 -�� Associate. • -. state Sou west • .., . Ho ida Witness (Signature)( Profit forporati r n / .me: �(kt6- (M ( pvva4- C 1/4a A (..._ By: , e Wi ss (Signature) um ,1 Name: �� / i � Prin ed Name and Title Page 14 of 22 0a� 1 7 H State of TO(n.t County of 0:A14.4 The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (10) Water was acknowledged before me this2.6 day of Mel , 2016, by t•‘'''‘` (Name) C„F rJ (Title)on behalf of Golf Enterprises, Inc.,dba Lely Resort Golf and Country Club, a Foreign Profit Corporation (USER), who is personally known to me or who has produced (type of identification)asd fic do (affix notarial seal) `� p Q (f�-40 6" (Signature of Notary Public) Adaik MISTY LEA MCALLISTER (Print Name of Notary Public) Nobly ID• 11281310 NOTARY PUBLIC ,/�, My Commission Expires �- AprN 15.2020 Serial/Commission#:(if any) My Commission Expires: - - - 4 ()k0-1( C)44 State of 04 9- County of The foregoing Major User Agreement for Delivery and Re :- of Irrigation Quality (IQ) Water was acknowledged before me this .ay of , 201 , by (Name) (Title) on behalf of Commercial Properties Southwest, Inc.,a Florida Profit Corp. .tion (LAND OWNER),who is personally known to me or who has produced type of identification) as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) �,(� My Commission Expires: Q`r c,‘ 13 Pt II. State of County of The foregoing Major User Agreement for Delivery and Reus> of Irrigation Quality (10) Water was acknowledged before me this •.y of , 201_, by (Name) (Title)on behalf of Associated Real Estate Southwest, Inc., a Florida Profit Corporat' (LAND OWNER), who is personally known to me or who has produced .e of identification)as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: Page 15 of 22 17H State of ' County of {N The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (10) Water was acknowledged before me this_day of , 201 ,-by (Name) (Title)on behalf of Golf Enterprises, Inc.,dba Lely Resort Golf and Country Club, a Foreign Profit Corporation (USER), who is'personally known to me or who has produced (type of identification)Oidentification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: State of FL t)@_t lit County of The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (10) Water was acknowledged before me this day of %-t.� 201s., by 1 ('fir (Name) (Title) on Inr6half of Commercial Properties Southwest, Inc.,a Florida Profit Corporation (LAND OWNER),who is personally known to me (affix notarial seal) (Signature of Notary Public) 1 ,,,`,,,,,, (Print Name of Notary Public) _• TERI L WILSON oir:V Notary Public-State of Florida NOTARY PUBLIC s1tCommission#FF 958392 Serial/Commission#:(if any)c -9 't -I— Vor'cusIV My Comm.Expires Mar 7,2020 My Commission Expires: 3 1,1 State of RLi(%1_,4i0.4 County of tC,L -- '— The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water was acknowledged before me this •' day of , 201k by (Name) � ` r== (Title)on b half of Associated Real Estate outhwest, Inc., a Florida Profit Corporation (LAND OWNER), who is personally known to me or wwrffas produc6d •- - - - ' - • • •dentifi ..'on. (affix notarial seal) (Signature of Notary Public) • s",,,"'• TERI L WILSON (Print Name of Notary Public) •4 y Notary Public-State of Florida I NOTARY PUBLIC C� N ;= Commission M FF 958392 ► Serial/Commission#:(if any) 5) V,13.-,;7n..... My Comm.Expires Mar 7,2020 My Commission Expires: Z.C.2-51 Page 15 of 22 0 17H AS TO THE DISTRICT: ATTEST.,; �' 71 ` DWIGHT EBROCKa-CL'E `'�,< BOARD OF DISTRICT COMMISSIONER;*COLLIER l DISTRICT FLORIDA AS THE GOVEIV,[N'G BODY By: v. a� ♦-ir % OF COLLIER DISTRICT AND EX-OFFICIO THE "„' AEP b, t M. GOVERNING BOARD OF THE COLLIER DISTRICT Attest`asto -,' Y WATER-SEW DISTRICT r” signature only ., CHAIRMAN D NNA FIALA,DISTRICT 1 COMM1SItitiAcilin►ilitii0 9. Approved as to form and legality: N t_ ,— Jennifer A. Bclp i 03) 4A Assistant County Attorney ) Page 16 of 22 1 7H. EXHIBIT A Property Description The property covered by this Agreement consists of the three golf courses known as Lely Classics, Lely Mustang and Lely Flamingo Island. Legal descriptions of the properties may be found in the official records of Collier County, OR Book 1858, Pages 469 through 494. • • • • • Page 17 of 22 1 7.H Exhibit Q(1.7.1:, 1of 3) ,..,„„_.„,...., .,._,......_ . o2I zWo�U W iztiU E., 7. Ni `- vim.I ... N ', J� .-u �o JU0 K � moo� �l 6 (J J O -..2 I-Ula-.1- ‘,,<1..1E K¢ , �oa �g W "Iif > 1= o • Z a Ja� 'J2U w w TWIu Q1 F-Q F 5 UOJgg 9 J 11� U -� cGd w o gOK� O Q i fie.." WYjN V" 4 Oon 6 J— oxom w ZZoz. a U J Z m N W p�a• °r- O F F N p]ZZ�F¢¢ KKKK 4.4• uuu}}}II Z r N ro .d a.. In� .FO LLw1-� W Ca.) 4 p 00:J M to W ZOa LLUcwJW O42 �nW'_ C)(\''',' 1 U O 4 a a�i ya �'0�7 o d wOOw^O Ol7 N p ¢ pK Kd Oj3Q6 0.mW S0 N II c v QFzzolntior� _ g x �00[�F..r�0¢o `P10-i)(_ ol2pa�wvl z7aooul'S.-J i w "ami 1,'s ,'o Fpm 3 I J.W i- ,�, Li n. lmw mr,. o \ r''' s--1.- a�Sa o U \ o \ QM:,D cww,c, tea' \ \ E-1r�i1dar V)4°LI 9 5 ID M \\p.l LU C i--`('10 d J g \/1',,Sy D `CS' �/ \� /\,,o0,_, Z 0, /!y \�! < O f 4 042 ( O i y m \ \ 0 w \ W ry YY//I 4 ,1... r �In o O� / (` V O 0 N 1 M rD / 1� j I K ii 0om .rU3 <0 0 _I> _U4 w '1 .t ti6aliC0 Li,. I/ Page 18 of 22 w Exhibit L(2 of 3) 1 7 H z N o4 I nn CD w z:. -2 J 0_tllo e U �� �' J coo I.-8'io ,9 0r3 z U m0,021:3 , m oar „, ouog W iO-Q_Q;c8io 2 ifl a> p Z ah 0 Z a W = �U w n,n O ZW n c m F m '00-4208 w. 'duo c°i v~, ui- n& g ToaV o lil m/0.4o .((J/,CI WQ ES) _12 Opo o[�6,,41.2 �+N o O q m cA'N .Tn� tl/ N0 ~d -,R NF b '-E: '6 r .'- W a' ofow^O� ta ok' ' rn)N 0.8g,',,„,2< 0 - , < za2z`?ozgt-5 ,"f, z< 2JWl tl tV�i,9° 5 Z 8.1 w flU 16IGHTWAY Raz F3l 1'.91 oi t WI K 0 0 SIDE WALK i 0 i _ O U 15' UTILITY EASEMENT �° ---- --- V. •.a.__0____ .11Y z J2 m P.z L vi sy:' t a 0 O 0.4:, ,s,‘; �� N i N I V _I :H 2 111 1 < 0 U I o i,IY q Y- o J ,U 0 0 m W J!i U 0 U W la..' -.C S w °, m E K 11 O U LI-MS / , Page 19 of 22 t X YV 17H Exhibit 0(3 of 3) a CI - z 4u A< Z 27.0 © t„, i Ja—o24U <LI SCALE: 1"=20' 1. > in ion w ...,�. R, -� � I x o u, l,.',3_ Qw C)t�o I u `o o 9D owe, o CJ mO �wf.�)l. to .UKUU 2 0.zii-"< z o'cvi ,J OLJm y o pJKU tJ D��UfOo '&1 M U . O~ tta'n yy Q j -IOt,W W 6 �. I-` .�� 34 p t� o ¢ _W- ,t- civ zoo �� Oo ,ag,„ 99 o o�F� a U a a. 1 as d� v',m - .. Nh_ ro tao � 9,,,-7 z U i i z5t' �i oz \\ v' 00.WaUZ® La j y J W LL Q 0 a�WOUW^O L:` a v ( o vUo���d> s .10 II y� o Zzoz�o}� o y o in Nyc=i�zt=itJa _ 1JJ z Z W S 3+ N Wap _*OOU• mm t.. \ �� �y to 1 • ft W ( �/ o 1 U \ NN L � y of wiffsD flfl X V � GGtMr m ✓ �' T ji• I 8 O `,t: tfj, 0 w �< ) ( t t�N d' ,-, 0 LA L\----- �f(fp \ ss \ \0 / y , U '� ° _, 5 / \ - ,e' sy - n e/ P ' a9' w N \ Qpm re' u VI \ C. W N a a 2 ( 1 1 0 - - vv �- 3 �U / Iy: Q ; f 0 4 ®e i o rn rn I s oo '° , F N r J wKw f J ti W U 0.. w W O a t n u v meg: O�O m O N I V 3 b O m Li J W J W U J r N W G W W p U W—6 2 T d,,.....\ �swvso_ ..x ...s..se.wa �v+. ¢G 4 6 U W UI We�a.�..nT.-...w,.P... _,._+.a. ..�. i .i..mr.-sx�se, {)J' pV.. Page 20 of 22 17H EXHIBIT C Cross Connection Inspections Required ® Flamingo/Mustang Clubhouse • Classics Clubhouse • Any other structures on the golf courses property that are served by a potable water system Page 21 of 22 17H EXHIBIT D Special Provisions 1. Land Owner and User are parties to certain Golf Course Leases C-1, C-2 and C-3 dated June 22, 1989, as amended (the "Leases"). User has the right to irrigate the property via the leasehold interest created under the Leases. This arrangement necessitates several modifications to the standard terms and conditions of this Agreement. Section 3 of this Agreement is modified to substitute the word "Land Owner" for "User" in the Section title and wherever else in Section 3 it appears. 2. Section 7 of this Agreement is modified to add the following after the words"...five year term."in the fifteenth line, "Notwithstanding the foregoing, User or Land Owner shall have the right to terminate the Agreement prior to the expiration of the Term in the event that any of the three golf courses ceases to be used as a golf course." 3. Section 16 of this Agreement is modified to substitute the word "Land Owner" for"User" in the Section title and wherever else it appears. Section 16 is further modified by inserting after the words "...at no cost to the District" in the fourth line, the words "and User shall consent to the granting of such easement". 4. Section 18(ii) of this Agreement is modified by inserting the words"leasehold interest or" in the fifth line after the word "to" and by inserting the words "or Land Owner" after the word "User" in the same line. This section is further modified by inserting the words "and Land Owner" after the word "User" in the tenth line. 5. Section 25 of this Agreement is modified to insert, after the word "District" in the third line, "Provided, however, that, User shall receive a pro rata credit to the extent that District's failure to deliver IQ Water resulted in the actual IQ Water delivered to be less than the Allocation set forth in Section 6." 6. Section 36 of this Agreement is modified by inserting, after the word "void." In the fourth line, "Nothing herein shall prevent the Land Owner from assuming all of User's rights and obligations under this Agreement if the User's agreement with the Land Owner expires or is terminated." 7. Section 36 of this Agreement is further modified by inserting,after the word"terminated." in the foregoing item 6, "User shall notify District when it intends to assign its rights and obligations under this Agreement to its corporate affiliate,AGC FL Leasing, LLC. No further approval from the District will be required for this assignment". All subsequent assignments require District approval. 8. Section 38 of this Agreement is modified by deleting the word "User' in the fourth and seventh lines and substituting the word"Land Owner"at each of these locations. 9. IQ meter assembly and appurtenances, including pressure transducer and staff gauge located in the IQ Water discharge ponds shall remain the property of the District. Page 22 of 22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I 7H THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. I I **NEW** ROUTING SLIP Pear"' Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docume is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, ACA County Attorney County Attorney Office <)(V( (11 Z0 (16 2. BCC Office Board of County F Commissioners \f‘4/l ickLA\10 3. Minutes and Records Clerk of Court's Office qv( (p t0',5tolk PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was 6/25/2013 Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached Lely Community Development District Major User Agreement PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 5.k.A y„�p 0 TAM 2. Does the document need to be sent to another agency for additional signatures[`_. If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed ^,'�►j by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for e of Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17H Memorandum TO: Minutes & Records Management FROM: oni Mott, Real Property Management DATE: June 17, 2016 RE: Lely Community Development District Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H, the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Fiala's signature as Chairman on the Major User Agreement for Lely Community Development District. Once the attestation is complete, a Recording Form is attached to complete the transaction. Note: The Major User Agreement needs to recorded prior to June 25th. Jennifer advised that the Chairman's stamp can be utilized. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! 17H Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ)Water Lely Community Development District THIS Major User Agreent for the Delivery and Reuse of IQ Water (Agreement)is made and entered into this a.5 day of ,,,,,Q, 20 k c,by and between the Lely Community Development District, an independent special d strict pursuant to Chapter 190, Florida Statutes,whose mailing address is 5672 Strand Court, Suite 1,Naples, FL 34110 (hereinafter referred to as "User") and the Collier District Water-Sewer District (hereinafter referred to as "District"), collectively,the Parties hereto ("Parties").This Agreement will take effect on .,./G.,17 / , 20f�,and will be effective through September 30, 2020. RECITALS WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water sources, and Section 403.064, F.S. encourages local governments to implement reuse projects and places limitations on deep well injection and other forms of effluent disposal; the District desires to use for itself and make available to the public, IQ Water as an alternative water resource to be used for both irrigation and non irrigation purposes; and, WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of effluent upon any property owned by another party, must enter into a binding agreement between the involved parties to ensure that construction, operation, maintenance, and monitoring of such use meets the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C.; and, WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013-48, to maintain compliance with District Wastewater Reclamation Facility operating permits, applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy and allow for optimization of the District's IQ Water System; and, WHEREAS, the Board has also adopted an IQ Water Policy, as it may be supplemented and amended from time to time, which is intended to provide beneficial public use of IQ Water by ensuring the optimum utilization of the District's limited water supplies; and, WHEREAS, the District agrees to deliver IQ water and the User agrees to receive, accept, and beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the terms, conditions and responsibilities of this Agreement. NOW,THEREFORE,the Parties agree as follows: 1. RECITALS. The recitals above are true and correct and are hereby incorporated into and made a part hereof. Page 1 of 32 aj 17H 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 fl 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 IQ 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 772,800 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 32 411111111111111 -0, 17W The District agrees that it will provide the User with its Allocation of 1Q 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. 10 Water may also be referred to as reuse water, effluent water, or reclaimed water. Page3of32 `_) 1-7H 9. POINTS OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013-48 and is located as follows: at the downstream buried flange of the IQ 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 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. 2013-44, 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. Page 4 of 32 \'' 1 7 H 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 acknowledges that IQ water, due to its chemical composition, may not be compatible with the Users' irrigation of certain susceptible vegetation. User agrees that District will not be held liable for any damages that may occur to vegetation or for any other damages that may occur due to the use of IQ water by the User provided that the quality of the IQ Water that is delivered to the User meets all applicable state, federal and Page 5 of 32 r' lift 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(%) 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 Page6of32 - 17H 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 a minimum of 1815 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. 2013-44. The User is receiving Bulk Service under this Agreement. 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 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. 2013-44, 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 Page 7 of 32 17H 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 10_ 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 10 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. is (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 1Q 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 Page 8 of 32 17H 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: Chairman Wastewater Director Lely Community Development District 4370 Mercantile Avenue 5672 Strand Court,Suite 1 Naples, FL 34103 Naples, FL 34110 With copies to: Office of the Collier County Attorney 3299 Tamiami Trail E., Suite 800 Naples, FL 34112 The addressees 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 Page 9 of 32 17H 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: Jerry Ellis,Operations Manager (239)860-0251 Lelydist@mindspring.com The District shall attempt User notification by telephone or email stating the nature of the emergency and the anticipated duration of the service interruption if the interruption is expected to exceed 72 hours. It is the responsibility of the User to provide written notification to the District of a change in representative. User may change its representative by providing written notice to District to become effective upon acknowledgement by District. The District representatives who shall be notified in the event of an emergency are: Irrigation Quality 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. (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. Page 10 of 32 11H (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 j 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. 2013-44. 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 Page 11 of 32 ,'7\ 7_14 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. 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. 2013-44 or the IQ Water Policy shall not be applicable to the User during the initial five (5)year term of this Agreement. 40. SPECIAL PROVISONS. Exhibit "D" assigns and defines site specific provisions, if any are applicable. 41. EXHIBITS. See attachments. Page 12 of 32 17H Witnesses: AS TO i SER £ 4/fr W ness (Si, ature Lely Community Development District, an independent special district established pursuant to Chapter 190, Florida Statutes Name:-- L,,�rc_L Printed Name and Title yhetriLiorgiti - :nature) Name AAIC1 Page 13 of 32 J 1 .-. H State of (-6e;dd County of CbLL(J 'k The foregoing Major User Agreement for Delivery and Reuse of Irri ation Quality (10) ater wascknowledged before me this t15day of I , 201k by YE acknowledged (Name) Cy}143.2.1`41 (Title) on behalf of the Lel/Commtlhity Development District, an independent special district established pursuant to apter 1904 Florida Statutes (USER), who is pe �t1 r1 me or who has produced tspNi ly type of identification)"as - on. (affix notarial seal) (Sign e of Nota u )461 L /4iit (Print Name of Notary Public) pore Notary Pudic Stets of Florida NOTARY PUBLIC David E Bryant Serial/Commission#:(if any) My Comission FF 090432 sr Expirosm02/08/2018 My Commission Expires: I AS TO THE DISTRICT: ATTEST: 9 GHT,E.)' :GK,;CL' RK BOARD OF DISTRICT COMMISSIONER, COLLIER \' • DISTRICT, FLORIDA, AS THE GOVERNING BODY B y: iOi ® ,, OF COLLIER DISTRICT AND EX-OFFICIO THE —t. l DEPUT C E" GOVERNING BOARD OF THE COLLIER DISTRICT Attest as toCha� '' WATERS ER DISTRICT signature only.` By. Dr"�a—Sc 0.l V a { 21 w� Approved as to form and legality: Name: Si-NI k tio. t Title: As -r-r e t3&'7 County Attorney's Office / Page 14 of 32 NIIIIME Alill 17H EXHIBIT A PHYSICAL DESCRIPTION The area irrigated by the Lely CDD,and covered by this Agreement,includes the residential lots, vegetated medians and rights-of-way within the boundary shown below,less the three golf course properties:Classics, Mustang and Flamingo Island. ,. t 5, . , 0 - , '',, ii, ' • ( 1• • ,,,. i ''' ii ' lk,,b 'I r Ill ,,. •Mr, '''' ' '''' .N. , ? •-• Al, - \ --: :41::41('' 'lirlel-1::::1 ,,,. p ..a SI -- •.„,. a , 1 ,4.* t -•,°-I* i i .0* i ,V 'I .A 1 III, „,...-:.!: 1.1..,.., ' I I li.'k Cle• ''''' ''''N, ,4-4 l 1 1 -...- .0 A.. I 1) 1 .. , (4 . Ili \*. 410 _ Page 15 of 32 ,,,•1) k) • _." 17H ... . _ ,.,„,,, ----- ..._. N 2 O U Z S Iw V !7 Z g o w a 1.1 `T >' j 0 5W J Q CO g F-o u o $ z Q a p (O d' y(V Z (J 2 Y41 O o of U W W O O W W I 00n w~ OmJ a 2 m -100a_ am Z F- W w - , M4M p ,n d'0 NW UW NW u I,,,WU F-NKDQUO J Q Q w 2 I O _, o- NU Q O(.' Z ZLIO �0 0 U W 6 U L 1- 0 N 0 Nr w �� . a oo Wa WSzcew W W Q Mn J� Ni } q aaoao 0rcouuaou ¢ o i E- „1 �.�. OO u1 u) n JJ KU (r0 II 11 II 11 II II 9 II II II II II II 11 I1 II W o Z 7 Cfl vI N OU?O W W W Ci _ 2 0 1 J M �y/ . U J m m O K o O w m p v fi. ®2 0 r n La) / LU--I o_o.O IL 40a 4UU ., al i M Qo / \ to oLLFm J d (J�9e., O(a m N N. \'�es� zv,Mi o N a N. ol \ sn O nwrNn o^ o \ \,'-..6�9 0.v Q cn N. '9fyS C.)cc w r- a o \ \ OO zW 0 0. 0 0 M oa N. O \ N 0 0) 1-:-1:3N-IN. J CZ CS 6 D SW`` JJ „ O Ciu�294"�sg\ i S a Irn ui N°66• \ ttsD. an o • I N. p \ ���N 1Q1--Z N�.�j ID t3 p \ �- N O o F N Vl • N la! O^ CO ¢ pruD 1n�Zv 0 Q Z \ d.0 Uu, Z N �-. \\ _ _ N�4Q co e. O 0_ O N ` NOB'12 OZ W 32.21,502 Z.s. NoT1111"W 32.4 Dl --------- NILD 0') a YCf) o° o = _ _ -- , co W o� �^ Q _ Z Z JN CO CO O g4—'--- ,,,z� X UO 40 i.W X 1.1 . 1 11 - ---X LD ZEN CL X 1 w CC N' Uz ' Fes) W J J.-- V OW ' U n�O Q D Cl_ 3 i r U 1 Z o w �1•U 1- t-z aoo� X ixQ 8o iii acorn / �Ub$ d / Z >N p ,O -1Ili3 coCD J w O m _J / Z F Ni- J Q v ii' - - - ---- O rz 'oz io Moil (liaa4S) EMP'000 Aal - 00d 4gLx3 - S10-0££6£1.3Z\15N1510 luawdolana0 dpunwwo0 dial\6t0-o££6£10Z\cou-fold\LOsdvN\\ m { fig'N Page 16 of 32 y 17H EXHIBIT C REQUIRED CROSS CONNECTIONS 1of15 i Listed below are the addresses within the Lely CDD where potable water meters are located as of September 2014.A cross connection inspection shall be conducted at these addresses and at any other 4 properties within the CDD that are(1)irrigated by Irrigation Quality Water and (2)served by a potable water distribution system. 1 12555 TAMIAMI TR E 38 6062 DIVOT COURT 75 6115 WEDGE COURT 2 12585 TAMIAMI TRE 39 6063 DOGLEG DRIVE 76 6116 DOGLEG DRIVE 3 12615 TAMIAMI TRE 40 6064 DOGLEG DRIVE 77 6118 WEDGE COURT ' I 4 12615 TAMIAMI TRE 41 6065 DIVOT COURT 78 6119 WEDGE COURT 5 12621 TAMIAMI TR E 42 6066 DIVOT COURT 79 6120 DOGLEG DRIVE 6 12631 TAMIAMI TR E 43 6068 DOGLEG DRIVE 80 6122 WEDGE COURT 7 12639 TAMIAMI TRE 44 6069 DIVOT COURT 81 6123 WEDGE COURT 8 12651 TAMIAMI TR E 45 6070 DIVOT COURT 82 6124 DOGLEG DRIVE 9 12655 TAMIAMI TRE 46 6072 DOGLEG DRIVE 83 6125 DOGLEG DRIVE 10 12663 TAMIAMI TRE 47 6073 DIVOT COURT 84 6128 DOGLEG DRIVE 11 12665-1269 TAMIAMI TR E 48 6074 DIVOT COURT 85 6131 DOGLEG DRIVE 12 12703-1271 TAMIAMI TR E 49 6076 DOGLEG DRIVE 86 6132 DOGLEG DRIVE 13 12713 TAMIAMI TRE 50 6077 DIVOT COURT 87 6135 DOGLEG DRIVE 14 12713 TAMIAMI TRE 51 6080 DOGLEG DRIVE 88 6136 DOGLEG DRIVE 15 12737 TAMIAMI TRE 52 6081 DIVOT COURT 89 6139 DOGLEG DRIVE 16 18-1 MYSTIC GREEN WAY 53 6082 DIVOT COURT 90 6140 DOGLEG DRIVE 17 5256 LELY CULTURAL PKWY 54 6084 DOGLEG DRIVE 91 6144 DOGLEG DRIVE 18 6016 DOGLEG DRIVE 55 6088 DOGLEG DRIVE 92 6145 DOGLEG DRIVE 19 6020 DOGLEG DRIVE 56 6091 DOGLEG DRIVE 93 6148 DOGLEG DRIVE 20 6024 DOGLEG DRIVE 57 6092 DOGLEG DRIVE 94 6152 DOGLEG DRIVE 21 6025 DOGLEG DRIVE 58 6096 DOGLEG DRIVE 95 6155 DOGLEG DRIVE 22 6028 DOGLEG DRIVE 59 6097 DOGLEG DRIVE 96 6156 DOGLEG DRIVE 23 6029 DOGLEG DRIVE 60 6098 WEDGE COURT 97 6160 DOGLEG DRIVE 24 6032 DOGLEG DRIVE 61 6099 WEDGE COURT 98 6163 DOGLEG DRIVE 25 6036 DOGLEG DRIVE 62 6100 DOGLEG DRIVE 99 6164 DOGLEG DRIVE 26 6040 DOGLEG DRIVE 63 6101 DOGLEG DRIVE 100 6167 DOGLEG DRIVE 27 6041 DOGLEG DRIVE 64 6103 WEDGE COURT 101 6168 DOGLEG DRIVE 28 6044 DOGLEG DRIVE 65 6104 DOGLEG DRIVE 102 6172 DOGLEG DRIVE 29 6045 DOGLEG DRIVE 66 6105 DOGLEG DRIVE 103 6173 DOGLEG DRIVE 30 6048 DOGLEG DRIVE 67 6106 WEDGE COURT 104 6176 DOGLEG DRIVE 31 6049 DOGLEG DRIVE 68 6107 WEDGE COURT 105 6177 DOGLEG DRIVE 32 6052 DOGLEG DRIVE 69 6108 DOGLEG DRIVE 106 6180 DOGLEG DRIVE 33 6053 DOGLEG DRIVE 70 6109 DOGLEG DRIVE 107 6181 DOGLEG DRIVE 34 6056 DOGLEG DRIVE 71 6110 WEDGE COURT 108 6184 BUNKER PL 35 6057 DOGLEG DRIVE 72 6111 WEDGE COURT 109 6185 BUNKER PL 36 6060 DOGLEG DRIVE 73 6112 DOGLEG DRIVE 110 6188 BUNKER PL 37 6061 DIVOT COURT 74 6114 WEDGE COURT 111 6189 BUNKER PL Page 17 of 32 . 17 -1=1 EXHIBIT C REQUIRED CROSS CONNECTIONS 2 of 15 112 6192 BUNKER PL 155 6337 SERANO WAY 198 3431 VIVALDI COURT 113 6195 BUNKER PL 156 6340 SERANO WAY 199 6432 COSTA CIR 114 6196 BUNKER PL 157 6344 SERANO WAY 200 6434 VIVALDI COURT • 115 6215 BRUNELLO LANE 158 6347 SERANO WAY 201 6434 VIVALDI COURT 116 6219 BRUNELLO LANE 159 6348 SERANO WAY 202 6436 COSTA CIR 117 6223 BRUNELLO LANE 160 6352 SERANO WAY 203 6440 COSTA CIR 118 6227 BRUNELLO LANE 161 6356 SERANO WAY 204 6444 COSTA CIR 119 6231 BRUNELLO LANE 162 6360 SERANO WAY 205 6445 COSTA CIR 120 6235 BRUNELLO LANE 163 6364 SERANO WAY 206 6448 COSTA CIR 121 6239 BRUNELLO LANE 164 6365 SERANO WAY 207 6449 COSTA CIR 122 6243 BRUNELLO LANE 165 6368 SERANO WAY 208 6450 LEGACY CIR 123 6247 BRUNELLO LANE 166 6371 COSTA CIR 209 6450 LEGACY CIR 124 6251 BRUNELLO LANE 167 6372 COSTA CIR 210 6452 COSTA CIR 125 6255 BRUNELLO LANE 168 6375 COSTA CIR 211 6452 COSTA CIR 126 6259 BRUNELLO LANE 169 6376 COSTA CIR 212 6453 COSTA CIR 127 6263 BRUNELLO LANE 170 6379 COSTA CIR 213 6456 COSTA CIR • 128 6267 BRUNELLO LANE 171 6380 COSTA CIR 214 6457 COSTA CIR • 129 6271 BRUNELLO LANE 172 6383 COSTA CIR 215 6459 EMILIA COURT 130 6275 BRUNELLO LANE 173 6384 COSTA CIR 216 6460 CALDECOTT DRIVE 131 6279 BRUNELLO LANE 174 6387 COSTA CIR 217 6460 EMILIA COURT • 132 6283 BRUNELLO LANE 175 6388 COSTA CIR 218 6461 CALDECOTT DRIVE 133 62.87 SERANO WAY 176 6391 COSTA CIR 219 6461 COSTA CIR • 134 6288 SERANO WAY 177 6392 COSTA CIR 220 6462 COSTA CIR • 135 6291 SERANO WAY 178 6395 COSTA CIR 221 6463 EMILIA COURT 136 6292 SERANO WAY 179 6396 COSTA CIR 222 6464 CALDECOTT DRIVE 137 6296 SERANO WAY 180 6399 COSTA CIR 223 6464 EMILIA COURT 138 6299 SERANO WAY 181 6400 COSTA CIR 224 6465 CALDECOTT DRIVE 139 6300 SERANO WAY 182 6403 COSTA CIR 225 6465 COSTA CIR 140 6304 SERANO WAY 183 6404 COSTA CIR 226 6467 EMILIA COURT .• 141 6308 SERANO WAY 184 6407 COSTA CIR 227 6468 CALDECOTT DRIVE • 142 6310 WILDFLOWER WAY 185 6408 COSTA CIR 228 6468 COSTA CIR 143 6312 SERANO WAY 186 6412 COSTA CIR 229 6468 EMILIA COURT 144 6315 SERANO WAY 187 6416 COSTA CIR 230 6469 CALDECOTT DRIVE 145 6316 SERANO WAY 188 6418 VIVALDI COURT 231 6469 COSTA CIR 146 6320 SERANO WAY 189 6419 VIVALDI COURT 232 6469 SICILIA DRIVE#GRDHS 147 6324 SERANO WAY 190 6420 COSTA CIR 233 6471 EMILIA COURT • 148 6324 SERANO WAY 191 6422 VIVALDI COURT 234 6472 CALDECOTT DRIVE 149 6325 SERANO WAY 192 6423 VIVALDI COURT 235 6472 COSTA CIR 150 6328 SERANO WAY 193 6424 COSTA CIR 236 6473 CALDECOTT DRIVE 151 6329 SERANO WAY 194 6426 VIVALDI COURT 237 6473 COSTA CIR 152 6332 SERANO WAY 195 6427 VIVALDI COURT 238 6474 CAREMA LN 153 6333 SERANO WAY 196 6428 COSTA CIR 239 6474 CAREMA LN 154 6336 SERANO WAY 197 6430 VIVALDI COURT 240 6474 EMILIA COURT Page 18 of 32 ,,.;. 1 7K EXHIBIT C REQUIRED CROSS CONNECTIONS 3 of 15 241 6475 CAREMA LN 284 6503 CALDECOTT DRIVE 327 6534 CAREMA LN 242 6476 CALDECOTT DRIVE 285 6508 CASTLELAWN PL 328 6537 CALDECOTT DRIVE • 243 6476 COSTA CIR 286 6508 COSTA CIR 329 6537 CASTLELAWN PL 244 6477 CALDECOTT DRIVE 287 6509 CALDECOTT DRIVE 330 6537 COSTA CIR 245 6477 COSTA CIR 288 6509 CASTLELAWN PL 331 6537 ROMA WAY 246 6478 CAREMA LN 289 6510 CAREMA LN 332 6541 CALDECOTT DRIVE • 247 6479 CAREMA LN 290 6510 ROMA WAY 333 6541 CASTLELAWN PL 248 6480 CALDECOTT DRIVE 291 6511 CAREMA LN 334 6545 CALDECOTT DRIVE • 249 6480 COSTA CIR 292 6512 CALDECOTT DRIVE 335 6545 CASTLELAWN PL 250 6481 CALDECOTT DRIVE 293 6512 CASTLELAWN PL 336 6545 ROMA WAY 251 6482 CAREMA LN 294 6512 COSTA CIR 337 6549 CALDECOTT DRIVE 252 6483 CAREMA LN 295 6513 CALDECOTT DRIVE 338 6549 CASTLELAWN PL 253 6484 CALDECOTT DRIVE 296 6513 CASTLELAWN PL 339 6549 ROMA WAY 254 6484 COSTA CIR 297 6514 CAREMA LN 340 6553 CALDECOTT DRIVE 255 6485 CALDECOTT DRIVE 298 6514 ROMA WAY 341 6553 CASTLELAWN PL 256 6487 CAREMA LN 299 6515 CAREMA LN 342 6553 ROMA WAY 257 6488 CALDECOTT DRIVE 300 6516 CASTLELAWN PL 343 6554 CALDECOTT DRIVE 258 6488 COSTA CIR 301 6516 COSTA CIR 344 6557 CALDECOTT DRIVE 259 6489 CALDECOTT DRIVE 302 6517 CALDECOTT DRIVE 345 6557 CASTLELAWN PL 260 6490 CAREMA LN 303 6517 CASTLELAWN PL 346 6558 CALDECOTT DRIVE 261 6491 CAREMA LN 304 6518 CAREMA LN 347 6561 CASTLELAWN PL 262 6492 CALDECOTT DRIVE 305 6519 CAREMA LN 348 6561 ROMA WAY 263 6492 COSTA CIR 306 6520 CASTLELAWN PL 349 6562 CALDECOTT DRIVE 264 6493 CALDECOTT DRIVE 307 6520 COSTA CIR 350 6563 AMARONE LANE 265 6494 CAREMA LN 308 6521 CALDECOTT DRIVE 351 6564 COSTA CIR 266 6495 CAREMA LN 309 6521 CASTLELAWN PL 352 6565 CALDECOTT DRIVE 267 6496 CALDECOTT DRIVE 310 6522 CAREMA LN 353 6565 CASTLELAWN PL 268 6496 COSTA CIR 311 6524 CALDECOTT DRIVE 354 6565 ROMA WAY 269 6497 CALDECOTT DRIVE 312 6524 CASTLELAWN PL 355 6566 CALDECOTT DRIVE 270 6498 CAREMA LN 313 6524 COSTA CIR 356 6569 CASTLELAWN PL 271 6499 CAREMA LN 314 6525 CALDECOTT DRIVE 357 6569 ROMA WAY 272 6500 CALDECOTT DRIVE 315 6525 CASTLELAWN PL 358 6570 CALDECOTT DRIVE 273 6500 COSTA CIR 316 6525 ROMA WAY 359 6573 CALDECOTT DRIVE 6500 CROWNED EAGLE LN- 317 6526 CAREMA LN 360 6573 CASTLELAWN PL 274 PMP 275 6501 CALDECOTT DRIVE 318 6528 CASTLELAWN PL 361 6573 ROMA WAY • 276 6502 CAREMA LN 319 6528 COSTA CIR 362 6574 CALDECOTT DRIVE 277 6502 ROMA WAY 320 6529 CALDECOTT DRIVE 363 6577 CASTLELAWN PL 278 6504 CALDECOTT DRIVE 321 6529 CASTLELAWN PL 364 6578 CALDECOTT DRIVE 279 6504 CASTLELAWN PL 322 6530 CAREMA LN 365 6578 CASTLELAWN PL 280 6504 COSTA CIR 323 6532 CASTLELAWN PL 366 6581 CALDECOTT DRIVE 281 6505 CALDECOTT DRIVE 324 6533 CALDECOTT DRIVE 367 6581 CASTLELAWN PL 282 6506 CAREMA LN 325 6533 CASTLELAWN PL 368 6581 COSTA CIR 283 6507 CAREMA LN 326 6534 CALDECOTT DRIVE 369 6582 CALDECOTT DRIVE Page 19 of 32� ) 1 7H- EXHIBIT C • REQUIRED CROSS CONNECTIONS 4 of 15 370 6534 CASTLELAWN PL 413 6622 COSTA CIR 456 6705 CALUMET DRIVE 371 6585 CALDECOTT DRIVE 414 6623 CASTLELAWN PL 457 6706 CANWICK COVE CIR 372 6585 CASTLELAWN PL 415 6624 CASTLELAWN PL 458 6706 CROWNED EAGLE LN 373 6586 CALDECOTT DRIVE 416 6625 COSTA CIR 459 6707 CROWNED EAGLE LN 374 6588 CASTLELAWN PL 417 6627 BARBERA LANE 460 6708 CALUMET DRIVE 375 6589 CASTLELAWN PL 418 6627 CASTLELAWN PL 461 6709 CALUMET DRIVE 376 6590 CALDECOTT DRIVE 419 6628 BARBERA LANE 462 6710 CANWICK COVE CIR 377 6592 CASTLELAWN PL 420 6628 CASTLELAWN PL 463 6710 CROWNED EAGLE LN 378 6593 CASTLELAWN PL 421 6629 COSTA CIR 464 6711 CROWNED EAGLE LN 379 6593 COSTA CIR 422 6631 CASTLELAWN PL 465 6712 CALUMET DRIVE 380 6594 CALDECOTT DRIVE 423 6633 COSTA CIR 466 6713 CALUMET DRIVE • 381 6594 COSTA CIR 424 6635 CASTLELAWN PL 467 6714 CROWNED EAGLE LN 382 6596 CASTLELAWN PL 425 6636 ROMA WAY 468 6715 CROWNED EAGLE LN 383 6597 CALDECOTT DRIVE 426 6639 CASTLELAWN PL 469 6716 CALUMET DRIVE 384 6597 CASTLELAWN PL 427 6640 ROMA WAY 470 6717 CALUMET DRIVE rj 385 6597 COSTA CIR 428 6642 CASTLELAWN PL 471 6718 CANWICK COVE CIR 386 6598 CALDECOTT DRIVE 429 6643 CASTLELAWN PL 472 6718 CROWNED EAGLE LN 387 6600 BARBERA LANE 430 6646 CASTLELAWN PL 473 6719 CROWNED EAGLE LN • 388 6600 CASTLELAWN PL 431 6646 COSTA CIR 474 6721 CALUMET DRIVE 389 6601 CALDECOTT DRIVE 432 6647 CASTLELAWN PL 475 6722 CROWNED EAGLE LN 390 6601 CASTLELAWN PL 433 6650 CASTLELAWN PL 476 6723 CROWNED EAGLE LN { 391 6602 CALDECOTT DRIVE 434 6651 CASTLELAWN PL 477 6725 CALUMET DRIVE 392 6604 CASTLELAWN PL 435 6654 CASTLELAWN PL 478 6726 CANWICK COVE CIR 393 6605 CASTLELAWN PL 436 6655 CASTLELAWN PL 479 6730 BENT GRASS DRIVE • 394 6605 MEZZO COURT 437 6658 CASTLELAWN PL 480 6733 BENT GRASS DRIVE 395 6606 CALDECOTT DRIVE 438 6659 CASTLELAWN PL 481 6734 BENT GRASS DRIVE 396 6608 CASTLELAWN PL 439 6663 CASTLELAWN PL 482 6734 CANWICK COVE CIR 397 6609 CASTLELAWN PL 440 6664 CASTLELAWN PL 483 6737 BENT GRASS DRIVE 398 6609 PISA COURT 441 6667 CASTLELAWN PL 484 6738 BENT GRASS DRIVE 399 6610 CALDECOTT DRIVE 442 6671 CASTLELAWN PL 485 6738 CANWICK COVE CIR 400 6610 PISA COURT 443 6672 CASTLELAWN PL 486 6741 BENT GRASS DRIVE 401 6612 BARBERA LANE 444 6675 CASTLELAWN PL 487 6745 BENT GRASS DRIVE 402 6612 CASTLELAWN PL 445 6678 CASTLELAWN PL 488 6746 BENT GRASS DRIVE 403 6613 CASTLELAWN PL 446 6679 CASTLELAWN PL 489 6749 BENT GRASS DRIVE 404 6614 CALDECOTT DRIVE 447 6681 COSTA CIR 490 6750 BENT GRASS DRIVE 405 6615 PISA COURT 448 6683 CASTLELAWN PL 491 6750 CANWICK COVE CIR 406 6615 ROMA WAY 449 6687 CASTLELAWN PL 492 6753 BENT GRASS DRIVE 407 6616 CASTLELAWN PL 450 6691 CASTLELAWN PL 493 6754 BENT GRASS DRIVE 408 6617 CASTLELAWN PL 451 6702 CANWICK COVE CIR 494 6757 BENT GRASS DRIVE 409 6619 ROMA WAY 452 6702 CANWICK CV-FOUNTAIN 495 6758 BENT GRASS DRIVE 410 6620 CASTLELAWN PL 453 6702 CROWNED EAGLE LN 496 6758 CANWICK COVE CIR 411 6621 COSTA CIR 454 6703 CROWNED EAGLE LN 497 6761 BENT GRASS DRIVE 412 6621 PISA COURT 455 6704 CALUMET DRIVE 498 6762 BENT GRASS DRIVE Page 20 of 32 r ) t7H EXHIBIT C REQUIRED CROSS CONNECTIONS Sof15 499 6765 BENT GRASS DRIVE 542 6846 CANWICK COVE CIR 585 6916 BENT GRASS DRIVE 500 6766 BENT GRASS DRIVE 543 6848 BENT GRASS DRIVE 586 6917 BENT GRASS DRIVE 501 6769 BENT GRASS DRIVE 544 6849 BENT GRASS DRIVE 587 6919 MAUNA LOA LN 502 6773 BENT GRASS DRIVE 545 6850 CANWICK COVE CIR 588 6920 ANTHURIUM LN 503 6777 BENT GRASS DRIVE 546 6852 BENT GRASS DRIVE 589 6920 BENT GRASS DRIVE 504 6781 BENT GRASS DRIVE 547 6853 BENT GRASS DRIVE 590 6921 BENT GRASS DRIVE 505 6785 BENT GRASS DRIVE 548 6854 CANWICK COVE CIR 591 6923 MAUNA LOA LN • 506 6786 BENT GRASS DRIVE 549 6856 BENT GRASS DRIVE 592 6924 BENT GRASS DRIVE 507 6789 BENT GRASS DRIVE 550 6857 BENT GRASS DRIVE 593 6924 MAUNA LOA LN 508 6790 BENT GRASS DRIVE 551 6860 BENT GRASS DRIVE 594 6925 BENT GRASS DRIVE 509 6793 BENT GRASS DRIVE 552 6861 BENT GRASS DRIVE 595 6927 MAUNA LOA LN 510 6793 WILDFLOWER WAY 553 6864 BENT GRASS DRIVE 596 6928 BENT GRASS DRIVE 511 6793 WILDFLOWER WAY 554 6865 BENT GRASS DRIVE 597 6928 MAUNA LOA LN 512 6794 BENT GRASS DRIVE 555 6865 WILDFLOWER WAY 598 6929 BENT GRASS DRIVE 513 6797 BENT GRASS DRIVE 556 6868 BENT GRASS DRIVE 599 6931 MAUNA LOA LN 514 6798 BENT GRASS DRIVE 557 6869 BENT GRASS DRIVE 600 6932 BENT GRASS DRIVE 515 6801 BENT GRASS DRIVE 558 6872 BENT GRASS DRIVE 601 6932 MAUNA LOA LN 516 6801 WILDFLOWER WAY 559 6873 BENT GRASS DRIVE 602 6933 BENT GRASS DRIVE 517 6802 BENT GRASS DRIVE 560 6876 BENT GRASS DRIVE 603 6935 AMEN CORNER COURT 518 6802 CANWICK COVE CIR 561 6877 BENT GRASS DRIVE 604 6936 AMEN CORNER COURT 519 6805 BENT GRASS DRIVE 562 6880 BENT GRASS DRIVE 605 6937 BENT GRASS DRIVE 520 6806 BENT GRASS DRIVE 563 6881 BENT GRASS DRIVE 606 6939 AMEN CORNER COURT 521 6809 BENT GRASS DRIVE 564 6885 BENT GRASS DRIVE 607 6939 MAUNA LOA LN 522 6812 BENT GRASS DRIVE 565 6886 BENT GRASS DRIVE 608 6940 AMEN CORNER COURT 523 6813 BENT GRASS DRIVE 566 6889 BENT GRASS DRIVE 609 6941 BENT GRASS DRIVE 524 6814 CANWICK COVE CIR 567 6893 BENT GRASS DRIVE 610 6942 BENT GRASS DRIVE 525 6815 WILDFLOWER WAY 568 6896 ANTHURIUM LN 611 6943 AMEN CORNER COURT • 526 6817 BENT GRASS DRIVE 569 6897 BENT GRASS DRIVE 612 6944 AMEN CORNER COURT 527 6818 CANWICK COVE CIR 570 6898 BENT GRASS DRIVE 613 6945 BENT GRASS DRIVE 528 6821 BENT GRASS DRIVE 571 6900 ANTHURIUM LN 614 6947 AMEN CORNER COURT • 529 6822 CANWICK COVE CIR 572 6901 BENT GRASS DRIVE 615 6947 MAUNA LOA LN 530 6824 BENT GRASS DRIVE 573 6903 MAUNA LOA LN 616 6948 AMEN CORNER COURT 531 6825 BENT GRASS DRIVE 574 6904 ANTHURIUM LN 617 6949 BENT GRASS DRIVE 532 6826 CANWICK COVE CIR 575 6905 BENT GRASS DRIVE 618 6951 AMEN CORNER COURT 533 6829 BENT GRASS DRIVE 576 6907 MAUNA LOA LN 619 6951 MAUNA LOA LN • 534 6833 BENT GRASS DRIVE 577 6908 ANTHURIUM LN 620 6952 AMEN CORNER COURT 535 6834 CANWICK COVE CIR 578 6909 BENT GRASS DRIVE 621 6953 BENT GRASS DRIVE 536 6837 BENT GRASS DRIVE 579 6911 MAUNA LOA LN 622 6955 AMEN CORNER COURT 537 6838 CANWICK COVE CIR 580 6912 ANTHURIUM LN 623 6955 MAUNA LOA LN 538 6840 BENT GRASS DRIVE 581 6912 BENT GRASS DRIVE 624 6957 BENT GRASS DRIVE 539 6841 BENT GRASS DRIVE 582 6913 BENT GRASS DRIVE 625 6958 MAUNA LOA LN 540 6842 CANWICK COVE CIR 583 6915 MAUNA LOA LN 626 6959 AMEN CORNER COURT 541 6845 BENT GRASS DRIVE 584 6916 ANTHURIUM LN 627 6959 MAUNA LOA LN Page 21of32 At, 17H EXHIBIT C REQUIRED CROSS CONNECTIONS 6 of 15 628 6960 AMEN CORNER COURT 671 7016 FALCONS GLEN BLVD 714 7093 PEACH BLOSSOM COURT 629 6961 BENT GRASS DRIVE 672 7017 KIWI PL 715 7096 FALCONS GLEN BLVD 630 6962 BENT GRASS DRIVE 673 7018 KIWI PL 716 7097 FALCONS GLEN BLVD 631 6963 AMEN CORNER COURT 674 7019 FALCONS GLEN BLVD 717 7097 PEACH BLOSSOM COURT 632 6963 MAUNA LOA LN 675 7020 FALCONS GLEN BLVD 718 7100 FALCONS GLEN BLVD 633 6964 AMEN CORNER COURT 676 7021 KIWI PL 719 7100 PEACH BLOSSOM COURT 634 6965 BENT GRASS DRIVE 677 7022 KIWI PL 720 7101 FALCONS GLEN BLVD 635 6967 AMEN CORNER COURT 678 7024 FALCONS GLEN BLVD 721 7101 PEACH BLOSSOM COURT 636 6967 MAUNA LOA LN 679 7025 FALCONS GLEN BLVD 722 7104 FALCONS GLEN BLVD 637 6968 AMEN CORNER COURT 680 7025 KIWI PL 723 7107 FALCONS GLEN BLVD 638 6968 MAUNA LOA LN 681 7028 FALCONS GLEN BLVD 724 7108 FALCONS GLEN BLVD 639 6969 BENT GRASS DRIVE 682 7031 FALCONS GLEN BLVD 725 7112 FALCONS GLEN BLVD 640 6971 AMEN CORNER COURT 683 7032 FALCONS GLEN BLVD 726 7115 FALCONS GLEN BLVD 641 6971 MAUNA LOA LN 684 7036 FALCONS GLEN BLVD 727 7116 FALCONS GLEN BLVD 642 6972 AMEN CORNER COURT 685 7040 FALCONS GLEN BLVD 728 7120 FALCONS GLEN BLVD 643 6972 MAUNA LOA LN 686 7043 FALCONS GLEN BLVD 729 7123 FALCONS GLEN BLVD 644 6973 BENT GRASS DRIVE 687 7043 PLAYERS COVE DRIVE 730 7124 FALCONS GLEN BLVD 645 6974 BENT GRASS DRIVE 688 7044 FALCONS GLEN BLVD 731 7127 FALCONS GLEN BLVD 646 6975 MAUNA LOA LN 689 7048 FALCONS GLEN BLVD 732 7128 FALCONS GLEN BLVD 647 6976 MAUNA LOA LN 690 7052 FALCONS GLEN BLVD 733 7131 FALCONS GLEN BLVD 648 6977 BENT GRASS DRIVE 691 7055 FALCONS GLEN BLVD 734 7132 FALCONS GLEN BLVD 649 6979 MAUNA LOA LN 692 7056 FALCONS GLEN BLVD 735 7135 FALCONS GLEN BLVD 650 6980 BENT GRASS DRIVE 693 7060 FALCONS GLEN BLVD 736 7136 FALCONS GLEN BLVD 651 6980 MAUNA LOA LN 694 7064 FALCONS GLEN BLVD 737 7140 FALCONS GLEN BLVD 652 6981 BENT GRASS DRIVE 695 7067 FALCONS GLEN BLVD 738 7144 FALCONS GLEN BLVD 653 6983 MAUNA LOA LN 696 7068 FALCONS GLEN BLVD 739 7148 FALCONS GLEN BLVD 654 6984 BENT GRASS DRIVE 697 7072 FALCONS GLEN BLVD 740 7149 FALCONS GLEN BLVD 655 6984 MAUNA LOA LN 698 7073 FALCONS GLEN BLVD 741 7152 FALCONS GLEN BLVD 656 6985 BENT GRASS DRIVE 699 7076 FALCONS GLEN BLVD 742 7153 FALCONS GLEN BLVD 657 6987 MAUNA LOA LN 700 7076 PEACH BLOSSOM COURT 743 7156 FALCONS GLEN BLVD 658 6988 MAUNA LOA LN 701 7077 FALCONS GLEN BLVD 744 7157 FALCONS GLEN BLVD 659 7003 FALCONS GLEN BLVD 702 7077 PEACH BLOSSOM COURT 745 7160 FALCONS GLEN BLVD 660 7005 KIWI PL 703 7080 FALCONS GLEN BLVD 746 7164 FALCONS GLEN BLVD 661 7006 FALCONS GLEN BLVD 704 7081 FALCONS GLEN BLVD 747 7168 FALCONS GLEN BLVD 662 7006 KIWI PL 705 7081 PEACH BLOSSOM COURT 748 7172 FALCONS GLEN-CABANA 663 7007 FALCONS GLEN BLVD 706 7084 FALCONS GLEN BLVD 749 7304 HAGEN WAY 664 7009 KIWI PL 707 7084 PEACH BLOSSOM COURT 750 7305 HAGEN WAY 665 7010 KIWI PL 708 7085 PEACH BLOSSOM COURT 751 7308 HAGEN WAY 666 7011 FALCONS GLEN BLVD 709 7088 FALCONS GLEN BLVD 752 7309 HAGEN WAY 667 7012 FALCONS GLEN BLVD 710 7088 PEACH BLOSSOM COURT 753 7310 SQUIRES PL 668 7013 KIWI PL 711 7089 PEACH BLOSSOM COURT 754 7311 SQUIRES PL 669 7014 KIWI PL 712 7092 FALCONS GLEN BLVD 755 7313 HAGEN WAY 670 7015 FALCONS GLEN BLVD 713 7092 PEACH BLOSSOM COURT 756 7314 SQUIRES PL Page 22 of 32 17H EXHIBIT C REQUIRED CROSS CONNECTIONS 7 of 15 757 7315 SQUIRES PL 800 7409 BYRONS WAY 843 7456 BYRONS WAY 758 7316 HAGEN WAY 801 7409 MOORGATE POINT WAY 844 7457 BYRONS WAY 759 7317 HAGEN WAY 802 7412 BYRONS WAY 845 7457 MARTINIQUE TER 760 7318 SQUIRES PL 803 7413 BYRONS WAY 846 7457 MOORGATE POINT WAY • 761 7319 SQUIRES PL 804 7413 MOORGATE POINT WAY 847 7458 MARTINIQUE TER 762 7321 HAGEN WAY 805 7416 BYRONS WAY 848 7460 BYRONS WAY 763 7322 HAGEN WAY 806 7416 MOORGATE POINT WAY 849 7460 MOORGATE POINT WAY 764 7323 SQUIRES PL 807 7417 BYRONS WAY 850 7461 MARTINIQUE TER 765 7325 HAGEN WAY 808 7417 MOORGATE POINT WAY 851 7461 MOORGATE POINT WAY 766 7326 SQUIRES PL 809 7420 BYRONS WAY 852 7462 MARTINIQUE TER 767 7327 SQUIRES PL 810 7421 BYRONS WAY 853 7463 BYRONS WAY • 768 7328 HAGEN WAY 811 7421 MOORGATE POINT WAY 854 7465 MARTINIQUE TER 769 7329 HAGEN WAY 812 7425 BYRONS WAY 855 7465 MOORGATE POINT WAY 770 7330 SQUIRES PL 813 7425 MOORGATE POINT WAY 856 7466 MARTINIQUE TER 771 7331 SQUIRES PL 814 7426 BYRONS WAY 857 7468 MOORGATE POINT WAY 772 7332 HAGEN WAY 815 7429 BYRONS WAY 858 7469 MARTINIQUE TER 773 7333 HAGEN WAY 816 7429 MOORGATE POINT WAY 859 7469 MOORGATE POINT WAY 774 7377 MOORGATE POINT WAY 817 7432 BYRONS WAY 860 7470 FLORENTINA WAY 775 7378 BYRONS WAY 818 7433 BYRONS WAY 861 7470 MARTINIQUE TER 776 7381 MOORGATE POINT WAY 819 7433 MOORGATE POINT WAY 862 7472 MOORGATE POINT WAY 777 7382 BYRONS WAY 820 7436 BYRONS WAY 863 7473 MARTINIQUE TER 778 7382 MOORGATE POINT WAY 821 7437 BYRONS WAY 864 7473 MOORGATE POINT WAY • 779 7385 BYRONS WAY 822 7437 MOORGATE POINT WAY 865 7474 FLORENTINA WAY 780 7385 MOORGATE POINT WAY 823 7440 BYRONS WAY 866 7474 MARTINIQUE TER 781 7386 BYRONS WAY 824 7441 BYRONS WAY 867 7476 MOORGATE POINT WAY 782 7386 MOORGATE POINT WAY 825 7441 MOORGATE POINT WAY 868 7477 MARTINIQUE TER 783 7389 BYRONS WAY 826 7442 MARTINIQUE TER 869 7477 MOORGATE POINT WAY 784 7389 MOORGATE POINT WAY 827 7445 BYRONS WAY 870 7478 MARTINIQUE TER 785 7390 MOORGATE POINT WAY 828 7445 MARTINIQUE TER 871 7480 MOORGATE POINT WAY 786 7393 BYRONS WAY 829 7445 MOORGATE POINT WAY 872 7482 MARTINIQUE TER 787 7393 MOORGATE POINT WAY 830 7446 MARTINIQUE TER 873 7483 MARTINIQUE TER 788 7394 MOORGATE POINT WAY 831 7446 MOORGATE POINT WAY 874 7484 MOORGATE POINT WAY 789 7396 BYRONS WAY 832 7448 BYRONS WAY 875 7485 MOORGATE POINT WAY 790 7397 BYRONS WAY 833 7449 BYRONS WAY 876 7486 FLORENTINA WAY 791 7397 MOORGATE POINT WAY 834 7449 MARTINIQUE TER 877 7486 MARTINIQUE TER 792 7400 BYRONS WAY 835 7449 MOORGATE POINT WAY 878 7487 MARTINIQUE TER 793 7400 MOORGATE POINT WAY 836 7450 MARTINIQUE TER 879 7488 MOORGATE POINT WAY 794 7401 BYRONS WAY 837 7452 BYRONS WAY 880 7490 MARTINIQUE TER 795 7401 MOORGATE POINT WAY 838 7453 BYRONS WAY 881 7491 MARTINIQUE TER 796 7405 BYRONS WAY 839 7453 BYRONS WAY 882 7492 MOORGATE POINT WAY 797 7405 MOORGATE POINT WAY 840 7453 MARTINIQUE TER 883 7494 MARTINIQUE TER 798 7406 MOORGATE POINT WAY 841 7453 MOORGATE POINT WAY 884 7495 MARTINIQUE TER 799 7408 BYRONS WAY 842 7454 MARTINIQUE TER 885 7495 MOORGATE POINT WAY Page 23 of 32 - • 17H EXHIBIT C REQUIRED CROSS CONNECTIONS 3of15 386 7496 MOCRGATE POINT WAY 929 7539 MOORGATE POINT WAY 972 7623 PALMER COURT 887 7498 MARTINIQUE TER 930 7541 SNEAD COURT 973 7624 SUSSEX COURT 388 7499 MOORGATE POINT WAY 931 7542 SNEAD COURT 974 7626 PALMER COURT 889 7500 MOORGATE POINT WAY 932 7543 MOORGATE POINT WAY 975 7627 PALMER COURT 890 7502 FLORENTINA WAY 933 7545 SNEAD COURT 976 7628 SUSSEX COURT 891 7503 HOGAN COURT 934 7546 SNEAD COURT 977 7630 PALMER COURT 892 7503 MOORGATE POINT WAY 935 7547 MOORGATE POINT WAY 978 7631 COTTESMORE DRIVE 893 7506 HOGAN COURT 936 7551 MOORGATE POINT WAY 979 7631 PALMER COURT 894 7507 HOGAN COURT 937 7555 MOORGATE POINT WAY 980 7632 SUSSEX COURT 895 7507 MOORGATE POINT WAY 938 7559 MOORGATE POINT WAY 981 7635 COTTESMORE DRIVE 896 7510 FLORENTINA WAY 939 7563 MOORGATE POINT WAY 982 7635 PALMER COURT 897 7510 HOGAN COURT 940 7567 MOORGATE POINT WAY 983 7636 SUSSEX COURT 898 7511 HOGAN COURT 941 7568 MOORGATE POINT WAY 984 7638 PALMER COURT 899 7511 MOORGATE POINT WAY 942 7571 MOORGATE POINT WAY 985 7639 COTTESMORE DRIVE 900 7512 MOORGATE POINT WAY 943 7575 MOORGATE POINT WAY 986 7639 PALMER COURT 901 7514 FLORENTINA WAY 944 7578 MOORGATE POINT WAY 987 7640 SUSSEX COURT 902 7514 HOGAN COURT 945 7579 MOORGATE POINT WAY 988 7642 PALMER COURT 903 7515 HOGAN COURT 946 7582 TRENTO CIR 989 7643 COTTESMORE DRIVE 904 7515 MOORGATE POINT WAY 947 7583 MOORGATE POINT WAY 990 7644 SUSSEX COURT 905 7516 MOORGATE POINT WAY 948 7586 TRENTO CIR 991 7647 COTTESMORE DRIVE 906 7518 FLORENTINA WAY 949 7587 MOORGATE POINT WAY 992 7648 SUSSEX COURT 907 7518 HOGAN COURT 950 7588 MOORGATE POINT WAY 993 7651 COTTESMORE DRIVE 908 7519 MOORGATE POINT WAY 951 7591 MOORGATE POINT WAY 994 7652 COTTESMORE DRIVE 909 7520 MOORGATE POINT WAY 952 7592 MOORGATE POINT WAY 995 7652 SUSSEX COURT 910 7522 HOGAN COURT 953 7594 TRENTO CIR 996 7655 COTTESMORE DRIVE 911 7523 HOGAN COURT 954 7595 MOORGATE POINT WAY 997 7655 SUSSEX COURT 912 7523 MOORGATE POINT WAY 955 7598 MOORGATE POINT WAY 998 7656 COTTESMORE DRIVE 913 7524 MOORGATE POINT WAY 956 7599 MOORGATE POINT WAY 999 7656 SUSSEX COURT 914 7526 HOGAN COURT 957 7602 PALMER COURT 1000 7659 COTTESMORE DRIVE 915 7527 HOGAN COURT 958 7603 PALMER COURT 1001 7660 COTTESMORE DRIVE 916 7527 MOORGATE POINT WAY 959 7603 TRENTO CIR 1002 7660 SUSSEX COURT 917 7528 MOORGATE POINT WAY 960 7606 PALMER COURT 1003 7663 COTTESMORE DRIVE 918 7530 HOGAN COURT 961 7607 PALMER COURT 1004 7663 SUSSEX COURT 919 7531 HOGAN COURT 962 7610 PALMER COURT 1005 7664 COTTESMORE DRIVE 920 7531 MOORGATE POINT WAY 963 7610 TRENTO CIR 1006 7664 SUSSEX COURT 921 7532 MOORGATE POINT WAY 964 7611 PALMER COURT 1007 7667 COTTESMORE DRIVE 922 7534 HOGAN COURT 965 7614 PALMER COURT 1008 7667 SUSSEX COURT 923 7534 TRENTO CIR 966 7614 TRENTO CIR 1009 7668 COTTESMORE DRIVE 924 7535 HOGAN COURT 967 7615 PALMER COURT 1010 7668 SUSSEX COURT 925 7535 MOORGATE POINT WAY 968 7615 TRENTO CIR 1011 7671 COTTESMORE DRIVE 926 7535 TRENTO CIR 969 7619 PALMER COURT 1012 7672 COTTESMORE DRIVE 927 7538 HOGAN COURT 970 7620 PALMER COURT 1013 7672 SUSSEX COURT 928 7538 MOORGATE POINT WAY 971 7620 SUSSEX COURT 1014 7675 COTTESMORE DRIVE Page 24 of 32 -}y 1 ? H 6=XH13IT C REQUIRED CROSS CONNECTIONS 9 of 15 1015 7675 SUSSEX COURT 1058 7718 MICKELSON COURT 1101 7756 CLASSIC DRIVE 1016 7676 SUSSEX COURT 1059 7718 TRENT COURT 1102 7759 CLASSICS DRIVE 1017 7679 COTTESMORE DRIVE 1060 7719 COTTESMORE DRIVE 1103 7759 COTTESMORE DRIVE 1018 7680 COTTESMORE DRIVE 1061 7719 MICKELSON COURT 1104 7760 CLASSICS DRIVE 1019 7680 SUSSEX COURT 1062 7720 COTTESMORE DRIVE 1105 7762 ASHTON RD 1020 7683 COTTESMORE DRIVE 1063 7721 CLASSICS DRIVE 1106 7762 COTTESMORE DRIVE 1021 7684 COTTESMORE DRIVE 1064 7721 TRENT COURT 1 107 7763 CLASSICS DRIVE 1022 7687 COTTESMORE DRIVE 1065 7722 MICKELSON COURT 1108 7763 COTTESMORE DRIVE 1023 7688 COTTESMORE DRIVE 1066 7722 TRENT COURT 1109 7764 CLASSICS DRIVE 1024 7689 HUTCHINSON COURT 1067 7723 COTTESMORE DRIVE 1110 7766 ASHTON RD 1025 7690 HUTCHINSON COURT 1068 7723 MICKELSON COURT 1111 7767 CLASSIC DRIVE 1026 7691 COTTESMORE DRIVE 1069 7724 COTTESMORE DRIVE 1112 7767 COTTESMORE DRIVE 1027 7692 COTTESMORE DRIVE 1070 7725 CLASSICS DRIVE 1113 7768 CLASSICS DRIVE 1028 7693 HUTCHINSON COURT 1071 7726 MICKELSON COURT 1114 7770 ASHTON RD 1029 7694 HUTCHINSON COURT 1072 7727 COTTESMORE DRIVE 1115 7771 ASHTON RD 1030 7695 CLASSICS DRIVE 1073 7727 MICKELSON COURT 1116 7771 COTTESMORE DRIVE 1031 7695 COTTESMORE DRIVE 1074 7729 CLASSICS DRIVE 1117 7772 CLASSICS DRIVE 1032 7696 CLASSIC DRIVE 1075 7729 NELSONS WAY 1118 7772 CLASSICS DRIVE 1033 7696 COTTESMORE DRIVE 1076 7730 MICKELSON COURT 1119 7773 CLASSICS DRIVE 1034 7697 HUTCHINSON COURT 1077 7731 COTTESMORE DRIVE 1120 7774 ASHTON RD 1035 7698 HUTCHINSON COURT 1078 7732 CLASSICS DRIVE 1121 7775 CLASSICS DRIVE 1036 7699 CLASSIC DRIVE 1079 7732 NELSONS WAY 1122 7776 CLASSIC DRIVE 1037 7699 COTTESMORE DRIVE 1080 7733 CLASSICS DRIVE 1123 7778 ASHTON RD 1038 7700 CLASSICS DRIVE 1081 7733 NELSONS WAY 1124 7779 ASHTON RD 1039 7700 COTTESMORE DRIVE 1082 7734 COTTESMORE DRIVE 1125 7779 CLASSIC DRIVE 1040 7703 CLASSICS DRIVE 1083 7735 COTTESMORE DRIVE 1126 7780 CLASSICS DRIVE • 1041 7703 COTTESMORE DRIVE 1084 7736 NELSONS WAY 1127 7782 ASHTON RD 1042 7704 CLASSICS DRIVE 1085 7737 CLASSICS DRIVE 1128 7783 CLASSICS DRIVE 1043 7706 TRENT COURT 1086 7737 NELSONS WAY 1129 7784 CLASSICS DRIVE 1044 7707 COTTESMORE DRIVE 1087 7739 COTTESMORE DRIVE 1130 7785 ASHTON RD 1045 7707 TRENT COURT 1088 7740 CLASSICS DRIVE 1131 7786 ASHTON RD 1046 7708 CLASSICS DRIVE 1089 7741 CLASSIC DRIVE 1132 7787 CLASSICS DRIVE 1047 7710 TRENT COURT 1090 7743 COTTESMORE DRIVE 1133 7788 CLASSICS DRIVE 1048 7711 COTTESMORE DRIVE 1091 7744 COTTESMORE DRIVE 1134 7789 ASHTON RD 1049 7711 TRENT COURT 1092 7745 CLASSICS DRIVE 1135 7790 ASHTON RD 1050 7712 CLASSICS DRIVE 1093 7747 COTTESMORE DRIVE 1136 7791 CLASSICS DRIVE 1051 7712 COTTESMORE LN 1094 7748 CLASSICS DRIVE 1137 7793 ASHTON RD 1052 7713 CLASSICS DRIVE 1095 7748 COTTESMORE DRIVE 1138 7794 ASHTON RD 1053 7714 TRENT COURT 1096 7749 CLASSICS DRIVE 1139 7795 CLASSIC DRIVE 1054 7715 COTTESMORE DRIVE 1097 7751 COTTESMORE DRIVE 1140 7796 CLASSICS DRIVE 1055 7716 COTTESMORE DRIVE 1098 7752 COTTESMORE DRIVE 1141 7797 ASHTON RD 1056 7717 CLASSICS DRIVE 1099 7755 CLASSICS DRIVE 1142 7798 ASHTON RD 1057 7717 TRENT COURT 1100 7755 COTTESMORE DRIVE 1143 7799 CLASSICS DRIVE `Page 25 of 32 (SI) . 17H EXHIBIT C REQUIRED CROSS CONNECTIONS 10 of 15 • 11 444 7800 CLASSICS DRIVE 1187 7838 ASHTON RD 1230 7874 PLAYERS ST • 1145 7801 ASHTON RD 1188 7840 VALENCIA COURT 1231 7875 PLAYERS ST 1146 7802 ASHTON RD 1 189 7841 ASHTON RD 1232 7875 VALENCIA COURT 1147 7803 CLASSICS DRIVE 1190 7841 CLASSICS DRIVE 1233 7876 VALENCIA COURT 1148 7304 VALENCIA COURT 1191 7842 ASHTON RD 1234 7877 CLASSICS DRIVE 1149 7805 ASHTON RD 1192 7844 CLASSICS DRIVE 1235 7878 PLAYERS ST 1150 7806 ASHTON RD 1193 7844 VALENCIA COURT 1236 7879 PLAYERS ST A 1151 7807 VALENCIA COURT 1194 7845 ASHTON RD 1237 7880 VALENCIA COURT 1152 7808 VALENCIA COURT 1195 7845 CLASSICS DRIVE 1238 7881 CLASSICS DRIVE 1 1153 7810 ASHTON RD 1196 7846 ASHTON RD 1239 7881 VALENCIA COURT 1154 7811 VALENCIA COURT 1197 7847 VALENCIA COURT 1240 7882 PLAYERS ST 1" 1155 7812 VALENCIA COURT 1198 7848 CLASSICS DRIVE 1241 7883 ALICANTE COURT 3 i 1156 7814 ASHTON RD 1199 7848 VALENCIA COURT 1242 7883 CORDOBA PLACE 1157 7814 CLASSICS DRIVE 1200 7851 CLASSICS DRIVE 1243 7883 PLAYERS ST I1158 7815 VALENCIA COURT 1201 7851 VALENCIA COURT 1244 7884 CORDOBA PLACE 1159 7816 VALENCIA COURT 1202 7852 CLASSICS DRIVE 1245 7884 VALENCIA COURT 1160 7818 ASHTON RD 1203 7852 VALENCIA COURT 1246 7885 CLASSICS DRIVE 1 1161 7818 CLASSIC DRIVE 1204 7854 PLAYERS ST 1247 7886 PLAYERS ST I 1162 7819 VALENCIA COURT 1205 7855 VALENCIA COURT 1248 7887 ALICANTE COURT 1163 7820 VALENCIA COURT 1206 7856 CLASSICS DRIVE 1249 7887 PLAYERS ST 1 1 1164 7821 ASHTON RD 1207 7856 VALENCIA COURT 1250 7887 VALENCIA COURT 1 1165 7822 ASHTON RD 1208 7857 CLASSICS DRIVE 1251 7888 CORDOBA PLACE 1166 7822 CLASSICS DRIVE 1209 7858 PLAYERS ST 1252 7888 VALENCIA COURT 11167 7823 VALENCIA COURT 1210 7859 PLAYERS ST 1253 7890 ALLENDE LANE y 1168 7824 VALENCIA COURT 1211 7859 VALENCIA COURT 1254 7890 PLAYERS ST 1 1169 7825 ASHTON RD 1212 7860 CLASSICS DRIVE 1255 7891 ALICANTE COURT 1 1170 7825 CLASSICS DRIVE 1213 7860 VALENCIA COURT 1256 7891 ALICANTE COURT 1171 7826 CLASSICS DRIVE 1214 7862 PLAYERS ST 1257 7891 ALICANTE COURT • ; 1172 7827 VALENCIA COURT 1215 7863 PLAYERS ST 1258 7892 CORDOBA PLACE 1173 7828 VALENCIA COURT 1216 7863 VALENCIA COURT 1259 7892 VALENCIA COURT 1174 7829 ASHTON RD 1217 7864 CLASSICS DRIVE 1260 7893 VALENCIA COURT 1 1175 7829 CLASSICS DRIVE 1218 7864 VALENCIA COURT 1261 7894 ALLENDE LANE 1176 7830 ASHTON RD 1219 7867 PLAYERS ST 1262 7895 CORDOBA CIR i I 1177 7830 CLASSICS DRIVE 1220 7867 VALENCIA COURT 1263 7896 CORDOBA PLACE I 1178 7831 VALENCIA COURT 1221 7868 CLASSICS DRIVE 1264 7897 VALENCIA COURT a a 1179 7832 VALENCIA COURT 1222 7868 VALENCIA COURT 1265 7898 ALLENDE LANE '. 1180 7833 ASHTON RD 1223 7869 CLASSICS DRIVE 1266 7899 ALICANTE COURT 1181 7833 CLASSICS DRIVE 1224 7870 PLAYERS ST 1267 7900 CORDOBA PLACE x 1182 7834 CLASSICS DRIVE 1225 7871 PLAYERS ST 1268 7902 ALLENDE LANE 1183 7835 ASHTON RD 1226 7871 VALENCIA COURT 1269 7903 ALICANTE COURT 1184 7836 VALENCIA COURT 1227 7872 CLASSICS DRIVE 1270 7904 CORDOBA PLACE 1185 7837 ASHTON RD 1228 7872 VALENCIA COURT 1271 7907 ALICANTE COURT 1186 7837 CLASSICS DRIVE 1229 7873 CLASSICS DRIVE 1272 7907 CLASSICS DRIVE Page 26 of 32 J� 1 7 H EXHIBIT C REQUIRED CROSS CONNECTIONS 11 of 15 1273 7908 CLASSICS DRIVE 1316 7970 MAHOGANY RUN LN 1359 8011 PALOMINO DRIVE 1274 7908 CORDOBA PLACE 1317 7971 TIGER LILY DRIVE 1360 8012 TIGER LILY DRIVE 1275 7911 ALICANTE COURT 1318 7972 TIGER LILY DRIVE 1361 8013 PREAKNESS COURT 1276 7912 TIGER LILY DRIVE 1319 7976 TIGER LILY DRIVE 1362 8014 PALOMINO DRIVE 1277 7913 TIGER LILY DRIVE 1320 7979 TIGER LILY DRIVE 1363 8014 PREAKNESS COURT 1278 7915 CORDOBA PLACE 1321 7980 LELY RESORT BLVD 1364 8015 BELMONT COURT 1279 7916 TIGER LILY DRIVE 1322 7980 LELY RESORT BLVD 1365 8015 PALOMINO DRIVE 1280 7917 TIGER LILY DRIVE 1323 7980 TIGER LILY DRIVE 1366 8016 BELMONT COURT 1281 7919 CORDOBA PLACE 1324 7983 GRAND LELY DRIVE 1367 8016 TIGER LILY DRIVE 1282 7920 TIGER LILY DRIVE 1325 7983 GRAND LELY DRIVE GRL 1368 8018 PALOMINO DRIVE 1283 7921 TIGER LILY DRIVE 1326 7984 CORDOBA PLACE 1369 8019 PALOMINO DRIVE 1284 7923 CORDOBA PLACE 1327 7984 TIGER LILY DRIVE 1370 8019 PREAKNESS COURT 1285 7924 TIGER LILY DRIVE 1328 7985 TIGER LILY DRIVE 1371 8020 BELMONT COURT 1286 7925 TIGER LILY DRIVE 1329 7988 CORDOBA PLACE 1372 8020 GRAND LELY DRIVE • 1287 7927 CORDOBA PLACE 1330 7988 TIGER LILY DRIVE 1373 8020 PREAKNESS COURT 1288 7928 TIGER LILY DRIVE 1331 7989 GRAND LELY DRIVE 1374 8020 TIGER COVE 1289 7931 CORDOBA PLACE 1332 7991 TIGER LILY DRIVE 1375 8020 TIGER COVE 1290 7932 TIGER LILY DRIVE 1333 7992 TIGER LILY DRIVE 1376 8020 TIGER LILY DRIVE 1291 7933 TIGER LILY DRIVE 1334 7995 MAHOGANY RUN LN 1377 8022 PALOMINO DRIVE 1292 7935 CORDOBA PLACE 1335 7996 CORDOBA PLACE 1378 8022 PLAYERS COVE DRIVE 1293 7936 TIGER LILY DRIVE 1336 7996 TIGER LILY DRIVE 1379 8023-8027 PLAYERS COVE DR 1294 7937 TIGER LILY DRIVE 1337 8000-8004 LELY RESORT BLVD1380 8023 BELMONT COURT 1295 7939 CORDOBA PLACE 1338 8000 CORDOBA PLACE 1381 8023 PALOMINO DRIVE 1296 7940 TIGER LILY DRIVE 1339 8000 TIGER LILY DRIVE 1382 8023 PLAYERS COVE DRIVE 1297 7943 CORDOBA PLACE 1340 8001 PREAKNESS COURT 1383 8024 BELMONT COURT 1298 7943 CORDOBA PLACE 1341 8002 PALOMINO DRIVE 1384 8024 TIGER LILY DRIVE 1299 7943 TIGER LILY DRIVE 1342 8003 BELMONT COURT 1385 8026 PALOMINO DRIVE 1300 7944 TIGER LILY DRIVE 1343 8003 PALOMINO DRIVE 1386 8027 PALOMINO DRIVE 1301 7947 CORDOBA PLACE 1344 8003 TIGER LILY DRIVE 1387 8028 BELMONT COURT 1302 7948 TIGER LILY DRIVE 1345 8004 CORDOBA PLACE 1388 8028 TIGER LILY DRIVE 1303 7949 TIGER LILY DRIVE 1346 8004 CORDOBA PLACE 1389 8029 BELMONT COURT 1304 7951 CORDOBA PLACE 1347 8004 TIGER LILY DRIVE 1390 8030 PALOMINO DRIVE 1305 7952 TIGER LILY DRIVE 1348 8006 LELY RESORT BLVD 1391 8031 PALOMINO DRIVE 1306 7953 TIGER LILY DRIVE 1349 8006 LELY RESORT BLVD 1392 8031 PLAYERS COVE DRIVE 1307 7955 CORDOBA PLACE 1350 8006 PALOMINO DRIVE 1393 8032 BELMONT COURT 1308 7956 TIGER LILY DRIVE 1351 8007 PALOMINO DRIVE 1394 8032 TIGER LILY DRIVE 1309 7959 TIGER LILY DRIVE 1352 8007 PREAKNESS COURT 1395 8033 BELMONT COURT 1310 7960 TIGER LILY DRIVE 1353 8007 TIGER LILY DRIVE 1396 8033 TIGER LILY DRIVE 1311 7963 TIGER LILY DRIVE 1354 8008 PREAKNESS COURT 1397 8034 PALOMINO DRIVE 1312 7964 TIGER LILY DRIVE 1355 8008 TIGER LILY DRIVE 1398 8035 PALOMINO DRIVE 1313 7967 TIGER LILY DRIVE 1356 8009 BELMONT COURT 1399 8035 PLAYERS COVE DRIVE 1314 7968 TIGER LILY DRIVE 1357 8010 BELMONT COURT 1400 8036-8040 PLAYERS COVE DR 1315 7970 MAHOGANY RUN LN 1358 8010 PALOMINO DRIVE 1401 8036 BELMONT COURT Page 27 of 32 17H EXHIBIT C REQUIRED CROSS CONNECTIONS 12 of 15 1402 8036 TIGER LILY DRIVE 1445 8068 TIGER LILY DRIVE 1488 8100 TIGER LILY DRIVE 1403 8037 BELMONT COURT 1446 8069 PLAYERS COVE DRIVE 1489 3103 PALOMINO DRIVE 1404 8037 TIGER LILY DRIVE 1447 8069 TIGER LILY DRIVE 1490 8105 CELESTE DRIVE 1405 8038 PALOMINO DRIVE 1448 8070 PALOMINO DRIVE 1491 8107 PALOMINO DRIVE 1406 8039 PALOMINO DRIVE 1449 8070 PLAYERS COVE DRIVE 1492 8111 PALOMINO DRIVE 1407 8040 BELMONT COURT 1450 8071 PALOMINO DRIVE 1493 8115 CELESTE DRIVE 1408 8040 PLAYERS COVE DRIVE 1451 8072 TIGER LILY DRIVE 1494 8115 CELESTE DRIVE 1409 8040 TIGER LILY DRIVE 1452 8073 TIGER LILY DRIVE 1495 8115 PALOMINO DRIVE 1410 8041 TIGER LILY DRIVE 1453 8074 PALOMINO DRIVE 1496 8119 PALOMINO DRIVE 1411 8042 PALOMINO DRIVE 1454 8075 LELY CULTURAL PKWY 1497 8123 PALOMINO DRIVE 1412 8043 PALOMINO DRIVE 1455 8075 LELY CULTURAL PKWY 1498 8125 CELESTE DRIVE 1413 8043 PLAYERS COVE DRIVE 1456 8075 LELY CULTURAL PKWY 1499 8127 PALOMINO DRIVE 1414 8044 PLAYERS COVE DRIVE 1457 8075 PALOMINO DRIVE 1500 8131 PALOMINO DRIVE 1415 8044 TIGER LILY DRIVE 1458 8076 TIGER LILY DRIVE 1501 8135 CELESTE DRIVE 1416 8046 PALOMINO DRIVE 8077 PLAYERS COVE DR#17- 1502 8135 CELESTE DRIVE 1459 18 1417 8047-8051 PLAYERS COVE DR 1503 8135 PALOMINO DRIVE 1460 8077 TIGER LILY DRIVE 1418 8047 PALOMINO DRIVE 1461 8078 PALOMINO DRIVE 1504 8139 PALOMINO DRIVE 1419 8047 PLAYERS COVE DRIVE 1462 8079 PALOMINO DRIVE 1505 8143 PALOMINO DRIVE 1420 8048 PLAYERS COVE DRIVE 1506 8145 CELESTE DRIVE 1463 8080 GRAND LELY DRIVE 1421 8048 TIGER LILY DRIVE 1507 8155 CELESTE DRIVE 1464 8080 GRAND LELY DRIVE 1422 8049 TIGER LILY DRIVE 1508 8161 TWELVE OAKS CIR 1465 8080 GRAND LELY DRIVE 1423 8050 PALOMINO DRIVE 1509 8165 CELESTE DRIVE 1466 8080 PALOMINO DRIVE 1424 8051 PALOMINO DRIVE 1510 8165 CELESTE DRIVE 1467 8080 PLAYERS COVE DRIVE 1425 8052 TIGER LILY DRIVE 1511 8175 CELESTE DRIVE 1468 8080 PLAYERS COVE DRIVE 1426 8053 TIGER LILY DRIVE 1512 8200 TWELVE OAKS CIR 1469 8080 PLAYERS COVE DRIVE 1427 8054 PALOMINO DRIVE 1513 8228 TWELVE OAKS CIR 1470 8080 TIGER LILY DRIVE 1428 8055 PALOMINO DRIVE 1471 8082 PALOMINO DRIVE 1514 8246 TWELVE OAKS CIR 1429 8057 TIGER LILY DRIVE 1472 8083 PALOMINO DRIVE 1515 8272 TWELVE OAKS CIR 1430 8058 PALOMINO DRIVE 1516 8274 TWELVE OAKS CIR 1473 8084 TIGER LILY DRIVE 1431 8059 PALOMINO DRIVE 1474 8085 CELESTE DRIVE 1517 8300 GINGER LILY COURT 1432 8060 GRAND LELY DRIVE 1518 8302 GINGER LILY COURT 1475 8085 PLAYERS COVE DRIVE 1433 8060 TIGER LILY DRIVE 1519 8303 GINGER LILY COURT 1476 8085 PLAYERS COVE DRIVE 1434 8061 PLAYERS COVE DR#14 1520 8304 GINGER LILY COURT 1477 8085 PLAYERS COVE DRIVE 1435 8061 TIGER LILY DRIVE 1478 8087 PALOMINO DRIVE 1521 8305 GINGER LILY COURT 1436 8062 PALOMINO DRIVE 1522 8311 TULIPTREE PL 1479 8088 TIGER LILY DRIVE 1437 8063 PALOMINO DRIVE 1523 8313 TULIPTREE PL 1480 8091 PALOMINO DRIVE 1438 8064 TIGER LILY DRIVE 1524 8314 TULIPTREE PL 1481 8092 TIGER LILY DRIVE 1439 8065 LELY CULTURAL PKWY 1525 8318 TULIPTREE PL 1482 8095 CELESTE DRIVE 1440 8065 LELY CULTURAL PKWY 1483 8095 CELESTE DRIVE 1526 8319 OCOTILLO COURT 1441 8065 PLAYERS COVE DR#15 1484 8095 PALOMINO DRIVE 1527 8320 MYSTIC GREEN WAY 1442 8065 TIGER LILY DRIVE 1528 8321 OCOTILLO COURT 1485 8096 TIGER LILY DRIVE 1443 8066 PALOMINO DRIVE 1529 8322 TULIPTREE PL 1486 8099 PALOMINO DRIVE 1444 8067 PALOMINO DRIVE 1530 8323 OCOTILLO COURT 1487 8100 GRAND LELY DRIVE Page 28 of 32 r ' f Jrl r 11111.111111111111111111111111111111111111, ISCOMPAMII~aiweaadonsile EXHIBIT C REQUIRED CROSS CONNECTIONS 13 of 15 • 1531 8325 OCOTILLO COURT 1574 8420 MALLOW LN 1617 8507 CHASE PRESERVE DRIVE 1532 8326 TULIPTREE PL 1575 8421 INDIAN WELLS WAY 1618 8510 CHASE PRESERVE DRIVE 1533 8329 OCOTILLO COURT 1576 8421 MALLOW LN 1619 8510 MUSTANG DRIVE 1534 8333 OCOTILLO COURT 1577 8422 INDIAN WELLS WAY 1620 8511 CHASE PRESERVE DRIVE 1535 8334 TULIPTREE PL 1578 8425 INDIAN WELLS WAY 1621 8514 CHASE PRESERVE DRIVE • 1536 8335 TULIPTREE PL 1579 8428 INDIAN WELLS WAY 1622 8514 MUSTANG DRIVE 1537 8337 TULIPTREE PL 1580 8429 INDIAN WELLS WAY 1623 8515 CHASE PRESERVE DRIVE 1538 8338 TULIPTREE PL 1581 8432 INDIAN WELLS WAY 1624 8515 MYSTIC GREENS WAY 1539 8340 MYSTIC GREEN WAY 1582 8433 INDIAN WELLS WAY 1625 8518 CHASE PRESERVE DRIVE 1540 8380 INDIAN WELLS WAY 1583 8436 INDIAN WELLS WAY 1626 8518 MUSTANG DRIVE 1541 8381 INDIAN WELLS WAY 1584 8437 INDIAN WELLS WAY 1627 8519 CHASE PRESERVE DRIVE 1542 8385 INDIAN WELLS WAY 1585 8440 INDIAN WELLS WAY 1628 8520 MYSTIC GREENS WAY#4 1543 8386 INDIAN WELLS WAY 1586 8440 MYSTIC GREEN WAY 1629 8522 CHASE PRESERVE DRIVE 1544 8389 INDIAN WELLS WAY 1587 8441 INDIAN WELLS WAY 1630 8522 MUSTANG DRIVE 1545 8392 INDIAN WELLS WAY 1588 8445 INDIAN WELLS WAY 1631 8523 CHASE PRESERVE DRIVE 1546 8393 INDIAN WELLS WAY 1589 8449 INDIAN WELLS WAY 1632 8525 MUSTANG DRIVE 1547 8397 INDIAN WELLS WAY 1590 8452 INDIAN WELLS WAY 1633 8526 CHASE PRESERVE DRIVE 1548 8400 MALLOW LN 1591 8453 INDIAN WELLS WAY 1634 8527 CHASE PRESERVE DRIVE 1549 8400 MYSTIC GREEN WAY 1592 8456 INDIAN WELLS WAY 1635 8529 MUSTANG DRIVE ;l, 1550 8401 INDIAN WELLS WAY 1593 8457 INDIAN WELLS WAY 1636 8530 CHASE PRESERVE DRIVE 1551 8401 MALLOW LN 1594 8460 INDIAN WELLS WAY 1637 8530 MUSTANG DRIVE 1552 8402 MALLOW LN 1595 8461 INDIAN WELLS WAY 1638 8531 CHASE PRESERVE DRIVE 1553 8403 MALLOW LN 1596 8464 INDIAN WELLS WAY 1639 8533 MUSTANG DRIVE 1554 8404 MALLOW LN 1597 8465 INDIAN WELLS WAY 1640 8534 CHASE PRESERVE DRIVE 1555 8405 INDIAN WELLS WAY 1598 8468 INDIAN WELLS WAY 1641 8534 MUSTANG DRIVE . 1556 8405 MYSTIC GREEN WAY 1599 8469 INDIAN WELLS WAY 1642 8535 CHASE PRESERVE DRIVE 1557 8406 MALLOW LN 1600 8472 INDIAN WELLS WAY 1643 8537 MUSTANG DRIVE } 1558 8408 MALLOW LN 1601 8473 INDIAN WELLS WAY 1644 8538 CHASE PRESERVE DRIVE 1559 8409 INDIAN WELLS WAY 1602 8476 INDIAN WELLS WAY 1645 8538 MUSTANG DRIVE 1560 8409 MALLOW LN 1603 8477 INDIAN WELLS WAY 1646 8539 CHASE PRESERVE DRIVE 1561 8410 INDIAN WELLS WAY 1604 8480 INDIAN WELLS WAY 1647 8541 MUSTANG DRIVE 1562 8410 MALLOW LN 1605 8481 INDIAN WELLS WAY 1648 8542 CHASE PRESERVE DRIVE ' 1563 8411 MALLOW LN 1606 8485 MYSTIC GREENS WAY 1649 8542 MUSTANG DRIVE 1564 8412 MALLOW LN 1607 8487 CHASE PRESERVE DRIVE 1650 8543 CHASE PRESERVE DRIVE 1565 8413 INDIAN WELLS WAY 1608 8491 CHASE PRESERVE DRIVE 1651 8545 MUSTANG DRIVE 1566 8413 MALLOW LN 1609 8495 CHASE PRESERVE DRIVE 1652 8546 CHASE PRESERVE DRIVE • 1567 8415 MALLOW LN 1610 8499 CHASE PRESERVE DRIVE 1653 8546 MUSTANG DRIVE 1568 8416 INDIAN WELLS WAY 1611 8500 MYSTIC GREEN WAY 1654 8547 CHASE PRESERVE DRIVE 1569 8416 MALLOW LN 1612 8500 MYSTIC GREENS WAY 1655 8549 MUSTANG DRIVE 1570 8417 INDIAN WELLS WAY 1613 8501 MUSTANG DRIVE 1656 8550 CHASE PRESERVE DRIVE 1571 8417 MALLOW LN 1614 8502 MUSTANG DRIVE 1657 8550 MUSTANG DRIVE 1572 8418 MALLOW LN 1615 8503 CHASE PRESERVE DRIVE 1658 8551 CHASE PRESERVE DRIVE 1573 8419 MALLOW LN 1616 8505 MUSTANG DRIVE 1659 8553 MUSTANG DRIVE Page 29 of 32 17H EXHIBIT C REQUIRED CROSS CONNECTIONS 14 of 15 1660 8554 CHASE PRESERVE DRIVE 1703 8630 MUSTANG DRIVE 1746 8757 MUSTANG ISLAND CIR 1661 3554 MUSTANG DRIVE 1704 8634 MUSTANG DRIVE 1747 8760 MUSTANG ISLAND CIR 1662 8555 CHASE PRESERVE DRIVE 1705 8638 MUSTANG DRIVE 1748 8761 MUSTANG ISLAND CIR 1663 8557 MUSTANG DRIVE 1706 8642 MUSTANG DRIVE 1749 8764 MUSTANG ISLAND CIR 1664 8558 CHASE PRESERVE DRIVE 1707 8646 MUSTANG DRIVE 1750 8767 MUSTANG ISLAND CIR 1665 8558 MUSTANG DRIVE 1708 8650 MUSTANG DRIVE 1751 8768 MUSTANG ISLAND CIR 1666 8559 CHASE PRESERVE DRIVE 1709 8654 MUSTANG DRIVE 1752 8772 MUSTANG ISLAND CIR 1667 8560 LELY RESORT BLVD 1710 8658 MUSTANG DRIVE 1753 8775 MUSTANG ISLAND CIR 1668 8561 MUSTANG DRIVE 1711 8662 MUSTANG DRIVE 1754 8776 MUSTANG ISLAND CIR 1669 8562 CHASE PRESERVE DRIVE 1712 8666 MUSTANG DRIVE 1755 8780 MUSTANG ISLAND CIR 1670 8562 MUSTANG DRIVE 1713 8669 MUSTANG DRIVE 1756 8784 MUSTANG ISLAND CIR 1671 8563 CHASE PRESERVE DRIVE 1714 8670 MUSTANG DRIVE 1757 8785 MUSTANG ISLAND CIR 1672 8566 CHASE PRESERVE DRIVE1715 8673 MUSTANG DRIVE 1758 8788 MUSTANG ISLAND CIR 1673 8566 MUSTANG DRIVE 1716 8674 MUSTANG DRIVE 1759 8789 MUSTANG ISLAND CIR 1674 8567 CHASE PRESERVE DRIVE1717 8677 MUSTANG DRIVE 1760 8792 MUSTANG ISLAND CIR 1675 8570 CHASE PRESERVE DRIVE 1718 8678 MUSTANG DRIVE 1761 8793 MUSTANG ISLAND CIR 1676 8570 MUSTANG DRIVE 1719 8681 MUSTANG DRIVE 1762 8796 MUSTANG ISLAND CIR 1677 8571 CHASE PRESERVE DRIVE 1720 8682 MUSTANG DRIVE 1763 8799 MUSTANG ISLAND CIR • 1678 8574 CHASE PRESERVE DRIVE 1721 8702 MUSTANG ISLAND CIR 1764 8800 MUSTANG ISLAND CIR 1679 8574 MUSTANG DRIVE 1722 8705 MUSTANG ISLAND CIR 1765 8804 MUSTANG ISLAND CIR 1680 8575 CHASE PRESERVE DRIVE 1723 8706 MUSTANG ISLAND CIR 1766 8805 MUSTANG ISLAND CIR 1681 8578 CHASE PRESERVE DRIVE 1724 8709 MUSTANG ISLAND CIR 1767 8808 MUSTANG ISLAND CIR 1682 8578 MUSTANG DRIVE 1725 8710 MUSTANG ISLAND CIR 1768 8811 MUSTANG ISLAND CIR 1683 8579 CHASE PRESERVE DRIVE1726 8713 MUSTANG ISLAND CIR 1769 8812 MUSTANG ISLAND CIR 1684 8580 MYSTIC GREENS WAY 1727 8714 MUSTANG ISLAND CIR 1770 8816 MUSTANG ISLAND CIR 1685 8582 CHASE PRESERVE DRIVE1728 8717 MUSTANG ISLAND CIR 1771 8819 MUSTANG ISLAND CIR 1686 8582 MUSTANG DRIVE 1729 8718 MUSTANG ISLAND CIR 1772 8820 MUSTANG ISLAND CIR • 1687 8583 CHASE PRESERVE DRIVE1730 8721 MUSTANG ISLAND CIR 1773 8824 MUSTANG ISLAND CIR 1688 8586 CHASE PRESERVE DRIVE 1731 8722 MUSTANG ISLAND CIR 1774 8825 MUSTANG ISLAND CIR 1689 8586 MUSTANG DRIVE 1732 8725 MUSTANG ISLAND CIR 1775 8828 MUSTANG ISLAND CIR 1690 8590 MUSTANG DRIVE 1733 8728 MUSTANG ISLAND CIR 1776 8831 MUSTANG ISLAND CIR 1691 8594 MUSTANG DRIVE 1734 8729 MUSTANG ISLAND CIR 1777 8832 MUSTANG ISLAND CIR 1692 8598 MUSTANG DRIVE 1735 8733 MUSTANG ISLAND CIR 1778 8835 MUSTANG ISLAND CIR 1693 8600 MYSTIC GREENS WAY 1736 8737 MUSTANG ISLAND CIR 1779 8836 LELY ISLAND CIR 1694 8602 MUSTANG DRIVE 1737 8738 MUSTANG ISLAND CIR 1780 8836 MUSTANG ISLAND CIR 1695 8605 CHAMPIONS PT 1738 8741 MUSTANG ISLAND CIR 1781 8838 LELY ISLAND CIR 1696 8605 CHAMPIONS PT 1739 8742 MUSTANG ISLAND CIR 1782 8839 MUSTANG ISLAND CIR 1697 8606 MUSTANG DRIVE 1740 8745 MUSTANG ISLAND CIR 1783 8840 MARIPOSA COURT 1698 8610 MUSTANG DRIVE 1741 8748 MUSTANG ISLAND CIR 1784 8840 MUSTANG ISLAND CIR 1699 8614 MUSTANG DRIVE 1742 8749 MUSTANG ISLAND CIR 1785 8842 MARIPOSA COURT 1700 8618 MUSTANG DRIVE 1743 8752 MUSTANG ISLAND CIR 1786 8844 MARIPOSA COURT 1701 8622 MUSTANG DRIVE 1744 8753 MUSTANG ISLAND CIR 1787 8844 MUSTANG ISLAND CIR 1702 8626 MUSTANG DRIVE 1745 8756 MUSTANG ISLAND CIR 1788 8845 LELY ISLAND CIR Page 30 of 32 17 H EXHIBIT C REQUIRED CROSS CONNECTIONS 15 of 15 1789 8845 MUSTANG ISLAND CIR 1798 8853 LELY ISLAND CIR 1807 8859 LELY ISLAND CIR • 1790 8846 MARIPOSA COURT 1799 8854 MARIPOSA COURT 1808 8860 LELY ISLAND CIR 1791 8848 MARIPOSA COURT 1800 8854 SHENENDOAH CIR 1809 8860 MUS TANG ISLAND CIR 1792 8848 MUSTANG ISLAND CIR 1801 8855 LELY ISLAND CIR 1810 8861 LELY ISLAND CIR 1793 8850 MARIPOSA COURT 1802 8856 LELY ISLAND CIR 1811 8862 LELY ISLAND CIR 1794 8851 LELY ISLAND CIR 1803 8856 MUSTANG ISLAND CIR 1812 8862 SHENENDOAH CIR 1795 8851 MUSTANG ISLAND CIR 1804 8857 LELY ISLAND CIR 1813 8863 LELY ISLAND CIR 1796 8852 MARIPOSA COURT 1805 8858 LELY ISLAND CIR 1814 8864 LELY ISLAND CIR 1797 8852 MUSTANG ISLAND CIR 1806 8858 SHENENDOAH CIR 1815 8864 MUSTANG ISLAND CIR • • • • • • Page 31 of 32 17H EXHIBIT D Special Provisions 1. District reiterates its commitment to provide quantities of IQ Water to User consistent with historical monthly averages over the past 3 years, subject to availability. District further reiterates its commitment to not accept new customers to the IQ Water system until all current Major Users, including User, have been given the opportunity to increase their allocation up to the irrigable limit for their respective properties. 2. To the extent that User is a local unit of special-purpose government and exempted by law from liens against its property, Section 22, titled "Unpaid Fees Constitute a Lien on User's Property" will not apply. 3. With respect to Section 3 of this Agreement, User owns and operates the utility infrastructure to deliver irrigation water to end users. However, User does not own all of the property to be irrigated. Regardless, User agrees to enforce the applicable provisions of this Agreement with the owners of the property to which it delivers IQ Water and be the sole point of contact for the District in administration of this Agreement. 4. 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. Page 32 of 32 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17H TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP PP—CO(61\1(j 2�J"Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. if the document ialready complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Scott R. Teach, Deputy County County Attorney &l•?-3)/- 1)a3 )l1 Attorney ! / County Attorney Office 2. BCC Office Board of County ��� Commissioners {Q\773\`(0 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was 6/25/2013 Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached Vineyards Utility,Inc. PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 51N\ � � T 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed c/ by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t' ? Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum 17H TO: Minutes & Records Management FROM: Toni Mott, Real Property Management DATE: June 21, 2016 RE: Vineyards Utility, Inc. Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water On June 25, 2013, Agenda Item 17H, the BCC approved Resolution 2013-140 authorizing the current Chairman to sign Major User Agreements. Please attest to Commissioner Fiala's signature as Chairman on the Major User Agreement for Vineyards Utility, Inc. . Once the attestation is complete, a Recording Form is attached to complete the transaction. Note: The Major User Agreement needs to be recorded prior to June 25th. Jennifer has opined that the Chairman's stamp can be utilized. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! INSTR 5281900 OR 5287 PG 268 RECORDED 6/23/2016 3 28 PM PAGES 22 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT 17H 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 r13 day of 20 16 by and between Vineyards Utility, Inc., a- Florida profit corporation, whose maili g address 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 , 201,6and 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 1Q 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. NO"'. THEREFORF 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 22 17H 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 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. 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 15t 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 Page 2 of 22 n-s . V�. 171 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. 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 additic,i* of any future Users of the IQ Water System, and based on 10 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. Page 3 of 22 aa: 17H 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 nistrict 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 Page 4 of 22 � I WilasimmiliMINIMI111111111111111. 411.1111M 17 H 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 cr 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 Page 5 of 22 `U 17H 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 Di>trict's performance of this Agreement; to specifically include any cross connections made by the User, including, but not limited to: between potable water, 10 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 s �intai : the " ater system on the User's property; the District, exoressly 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('A) 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 Page 6 of 22 17F1 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. The User shall nrovide 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. Page 7 of 22 1 7 H 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 4 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 ,!npaid balance are' 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. Page 8 of 22 17H 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) 10 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 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: Vineyards Utility, Inc. Wastewater Director 75 Vineyards Blvd. #500 4370 Mercantile Ave. Naples, FL 34119 Naples, FL 34104 Attention: President Page 9 of 22 .� cn,S,, 1 7 H With copies to: Office of the Collier County Attorney 3299 Tamiami Trail E, Suite 800 Naples, FL 34112 The addressees, addresses and numbers for the purpose of this section may be revised by either Party by giving written notice of such change to the other party in any of the manners provided herein. For the purpose of changing such addressees, addresses and numbers only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Notice given in accordance with the provisions of this section shall be deemed to be delivered and effective upon receipt of an automated fax confirmation; or on the fifth day after the certified or registered mail has been postmarked; or receipt of personal delivery; or delivery with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal service as not delivered as the case may be, if mailed. 27. NOTIFICATION IN EVENT OF EMERGENCY. The User's representative who shall be notified in the event of an emergency or District's inability to deliver 10 water are: 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 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 Page 10 of 22 S .�o c 17H 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 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. Page 11 of 22 � V I 17H 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 y _ they may he amended or replarPd 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 Liner -.hall hive 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 Page 12 of 22 _ _ _ _______________ 1 7 H 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 e: NamO\ r 1 G L f5 By(.,---- \; ��,t_so,,,AL WitneM Si_na e) V a - 410...• - •' j de- (►A , IP Printed name and title Name: LA.P4 (i . RAW , Page 13 of 22 I 1 7K State of 1 .012 County of O![7l>'<A The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water was acknowledged before me this 7,71 day of J V1,E , 201 L, by ( SA }•- (Name), F Z J JT (Title), on behalf of Vineyards Utility, Inc., a Florida profit corporation (USER who is personally known to me or who has produced (type ofide ► 'f` • - . :ntificatior}.� (affix notarial seal) (Signat • of No ary P lic) LINDA H.FOWELL (Print Name of Notary Public) ° .`o Notary Public-State of Florida �� : E My Comm.Expires Feb 17,2018 NOTARY PUBLIC �1`,�= Commission # FF 064962 Serial/Commission#:(if any) ' t`''' Bonded Through National Notary Assn.{, y ,T y My Commission Expires: AS TO THE DISTRICT: ATTEST: DWIGHT E::BR�CK,CORK BOARD OF DISTRICT COMMISSIONER, COLLIER DISTRICT, FLORIDA, AS THE GOVERNING BODY By� OF COLLIER DISTRICT AND EX-OFFICIO THE DEPU1 C GOVERNING BOARD OF THE COLLIER DISTRICT Attest as to Chairman's WATER-S WER DISTRICT signature only. I By: 16f'& ONNA FIALA, CHAIRMAN pp oved as o rm a d 1 gality: L�. Name: aiZ "T-sm.sC— Titie: i epi Cam 7 )(i+F y,/ County Attorhey'� Office / Page 14 of 22 5r 171-I EXHIBIT A PROPERTY DESCRIPTION The property covered by this Agreement is the Vineyards Planned Unit Development as generally depicted in the figure below. — van der bd!re eacr R,d - �` a _w?r c ;I3'- 4yr /� ,,. .a �� Z. 1,-. . . S \.r'' "%1..0 y��. •,rry-1PJood 1r4, 4. i. " j l . • 6/ let-14:: e •.4 '••4444 • C .-►' ♦e,V . r ca a o I'd,' .' r ' . } 11 _ •fGit+ , 3 rt .•r+ • ...,vh,.'•'• t • } 4 t ,, .a i ,I ,rte•�. s i „ �;it ,.` .--11 r •", [7 11 t �go .+ r*' -�. • •♦ •r.. . ♦04 Q ' r • Vineyards ; '"s • (P44 . ' .44 1 r • ,, • , r . . " , •• ,,• .. II 7-w3 M• : '1r m - , '1,14. • 4 Y fi• ar -.9,,,,,,: ♦ r 4 �. A" • 1 • •I..'± e,�; 'a,y'44'41 ' 10 'ir• t . ,+o• '� .• ,1. 1. 1 tr ` Uta R 4.0 o. i �, ', b9y + � 1s . a 1 . . '-''''4.41, • ••31-..'0''(>.$ . r 1 ,lit 1 ^i: W'sL•/.4,,,,: it•)N 411 :'.‘ dc 1.` Z. C 3tililifi... u� • ,.. V eyardsVNple � - -• — -• tenakr6•?aefft;d — - INIMMi Page 15 of 22 1 7 H , . . EXHIBIT B o POINTS OF DELIVERY LLI a, Pagelof4 >; "— ILI a wo Qo W im, zm U) � ao > ,L CO d g WO = Z8 > > ZIll. W 00 = a z o I W I W N `Oa N N Lt I(10 7 N i O 0 I O N 0 O O--O W N M v=iIa ZW N D--oo oI 6 r= RA7A2 Oa v,,, cV J co WOp' ,,)14-- as U.. iVJnO m O O t- v�W I�. W"'" o'tA 61 Ili � _ > N p. w a LL O V z Z Z I ca Ix eL OD n to D m41 ca at , -0 Q (NI N Ili '-' Z7Q.O E w u)a O N I.L n Cir) W a J W O Z ' W�t..vi S s co F-Z m ' Y W o Was gwa ' 0 O n Z v x o:3< I-FZ- a U 03 03 X �� a. I . D< m9JO p E. odd o U O I - < ow0ax O� W o Er 5- O Z �' iWO � v w til Ln = i Z m p (xo F-�� W (.� >~ vii W JO U . r co = Q ccUUF-W o 1- m ~ o LI>W L.J< -I JI 04-0 a.a. WLo co 000 if), 0II II II II II IIW M w w I mv3 E� a W I I 2 ^ a p 3na55 w Woxxcno .gyp o Q I -. _ — J I I On.0_® X43 0.La x �� LLI � aapw > Z g 3 N p -o � ZS N } o a 0 OLij m-±. U 6 W cc Z ja0o F- 0,W Ir U i Z w3 W 1- § 0 OV 1— 1- Z O I I o w 0 W co ;Z 6nV p! (0od 3so3) 6M 'wins sp,aCauIA - , ins asodand oyloadS - 210-OCCBCLOZ\4Y0N_uo�3ouodio0 3uawdoIana0 spJoXauf\Blo-0CC6CtOZ\•M \�dj cr_____)_.:,..... Page 16 of 22 17H EXHIBIT B VARA POINTS OF DELIVERY 0 VINEYARDSCill> ,R� Page 2 of 4 L E VIN ARDS UNC 235 — — — — PAGES P,LAt g00K 16, -- — — _ .civ --- r !� f N Z W c u — 60 Z > Ea %ammo - w° 0 W N N<'0 Ce I w QWm civ y. 0T 1 0...... 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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 5399-5903 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 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 7 445.458 Terracina Lane 5 380-535 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 IQ Water System Manager. Page 21 of 22 ^O . 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. IQ meter assemblies and appurtenances, including pressure transducer and staff gauges located in the IQ Water discharge ponds shall remain the property of the District. Ud� n .S. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17H TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney ffice no later than Monday preceding the Board meeting. �� ,_� �� **NEW** ROUTING SLIP 'iv K141( Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. I the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Scott R. Teach, Deputy County Atty. County Attorney SRT 1��� �3 County Attorney Office 2. BCC Office Board of County tzz>. ���\�5 Commissioners \T 1 / 3. Minutes and Records Clerk of Court's Office ggY\ 10(olt5 IC s'5940-1, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for addit.onal or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252-8 80 Contact/ Department Agenda Date Item was 6/25/2013 Agenda Item Number 17H Approved by the BCC Type of Document Resolution 2013-140 Number of Original 1 Attached Documents Attached Royal Palm Country Club of Naples,Inc. Major User Agreement PO number or account 414-263614-649030-744012.5.2 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the S Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17Ff bJajur H�er ���eenuen� 6/r 1:rdiwem/snrf Rwu8emf�rri�a��on �uaK�� ���� UV�t£z ko�a( Palen THIS of (�gree/nent) is made an� entered im�a1h /,�Ld f ZO�^�] by and be�xeen | of Naples, — -' - |ip, iFlorida non'12Iofitcoroors'fton, whose mailing address is 4�� F�L�� Naoles 34111; (hereinafter referred zo as "User' ) and the Collier VVater'5avver D/snic;: (here.nafte/ referred to as "Dbt'icr"), collectively, the PaWes hereto ("Parties";,, This Agreenent x;iU take effect on �- 2O\5 and will he effective through September 30, 2020. RECITALS WHEREAS, 10. 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 |innkabnns on deep well injection and other forms of effluent disposal; the District desires to use for itself and make available to the 7Z/ 2- public, ![} Water as an alternative water resource to he used for both irrigation and non m irrigation purposes; and, 1:: G.) )1 X) +o CP � �~m WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of c, effluent upon any property owned by another party, must enter into a binding agreement �� o �" � between the involved parties to ensure that construction, operation, maintenance, and cr, or. u monitoring of such use meets the requirements of Chapters 62-600' 52-620 and 52-610' F.A.C.; w (.4 o m � and, >o �Q -n� � � + m WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. ZO1]-48, "' to maintain compliance with District Wastewaterastewatc, Reclamation Facility operating permits, mm applicable laws, rules, and regulations, ensure consistency with the |{} Water Policy and c� allow for optimization of the District's IQ Water System; and, WHEREAS, the Board has also adopted an 10, VVate, 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 10, water and the User agrees to receive, accept, and beneficially reuse 0.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. CAP|TAL|ZED AND UNDEFINED TERMS SHALL. HAVE THE MEANINGS ASCRIBED TO PagelofI8 OR 5203 PG 1143 17H THEM IN THE DISTRICT IC!W.41.TER POLICY. 3. VEER REPRESENT ,=.ND WARRANTS RECORD DVINEPSHIP. The !Jf e, hereto represents and warrants to the District that the Party or Parti=5 identified herein 35 the L!sNr constitute all persons or entities that are the record owners of the irrigableproperty 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. oRCO iv 5. IQ WATER POLICY. The Bo 0 unty Commissi•r• ; :oard) has also adopted an IQ Water Policy (Policy), th. ma be supplemente. an• amended from time to time, which delineates ,ert. n N.. -'-s or •_•, • ng IQ at:r Service to include, but not be limited to, defi itio s Is :-- - ::.a o rates, and the provision of service. I tv, 8 6. QUANTITY. Pressurize' l' ice Customers: thser'• an," '•ted usage is based on the IQ Water Application R. '. •r the Irrigablert. '•ed in Exhibit "A" and is calculated as 426,681 gallo• _ day(gpd). • (,) 044-, � The District is not obligated to • fliy a t2r Q Water to the User beyond the User's Allocation for the term of t'F'iis--A' gree nt. However, based upon IQ Water availability, the District will use all reasonable efforts pursuant to the terms of this Agreement to provide the User with additional volumes of IQ Water beyond the User's Allocation to approximate the historic volumes delivered to the User. Delivery of this additional IQ Water at any time does not grant the User with an increase to its Allocation under this Agreement. No Allocations will exceed the amount as is determined by the availability of the IQ Water. If the User is desirous of limiting the amount of IQ Water received to a specific volume less than or only equal to the Allocation amount,the User must file a request in writing to the District. Modifications to this request may only be made once per calendar year. The District agrees that it will provide the User with its Allocation of IQ Water instead of the deep injection of IQ Water (including charging aquifer storage and recovery wells); except for reclaimed water needed for water reclamation facility treatment processes, 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. QPage 2 of 18 411111* OR 5203 PG 1144 17H 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 re .o g v� -fi e-6+�+ Water for approved uses for a minimum term of five (5) . .m the effective 4 -e this Agreement (or for such other initial term as may,be� d term.i.ne.d by the District`t.o p vide for the expiration of the first five-year term/of t,is Are to c8irjcide w1h t e expiration of all other initial five-year Major U, er renewed for successive five (5) year terms upon the t al r a ,bt, '._rti s. Within no less than one hundred eighty (180) d : •. . p ree,� 'ret sixty five (365) days from the end of the initial five _ear term or the th -cur nt,�F'ry f(5)year term,the Parties will meet and discuss t - ,- ms and conditio ' '•r er9tEeilyg into a new Agreement, which will reflect all oft t- s and provisions + erLy'eing incorporated into like District Major User Agree 'up. �f revisions.-„ •�'�t �' then current standardized Agreement are required, then t'e,.:. &tyCt;tdnot enter into a new Agreement with the District at its discretion. Ifrevisions 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: Where the IQ Water delivery main crosses onto Royal Palm Country Club property at the northern property line of Lot 144 of the Lely Country Club,Tanglewood I Subdivision and further identified in Exhibit "B.” Page 3 of 18 (`�-) OR 5203 PG 1145 17H 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 t•- n pliance Points. The District will not provide any additional waste A , a. Water beyond the compliance points located at the wat• Kation facilities. 0... .arranties or guarantees are made by the District wit res• •.i Water chara -rist s after its discharge from the water reclamation f.cili 'es. Distric�iN1 of be els liable for any damage or harm to persons, prop rty • •:, e • s,is. r • ` e .pplication of District 10 Water by the User. I .` 11.METERS. All connection./b the IQ Water syst- sha be r e Bred in accordance with Ordinance No.2013-48, -• ended. 12.DISTRICT RESPONSIBILITIES if tM OF THE •a isi4F *F DELIVERY. Except to the extent, if any, clearly and expre -`- . . •ecial Provisions paragraph in this Agreement to the contrary,the Distri 'sha +n 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 18 OR 5203 PG 1146 17H 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 utili oeasements necessary for IQ water distribution on their premises h.ok ' tt1d t. All such documents shall be prepared, reviewed and p . . in accordance he provisions of Ordinance No. 2004-31,as amended /Or..• • .. 2013-48 and cor ed as set forth herein. 17. CONSERVATION. User all . t ;o onserve IQ Water. The User shall ensure that the ser. pl � c� -lt rs, agents, residents, and invitees are informed a•• • + •. .• ., way or ation byimplementing p g an educational program. 18. INDEMNIFICATION AND *•rz ,ARMLESS. (i) Upon a finding through a ,f", A .'.n of com A deuce that: (a) the District has not placed anything either into • • ithykerty without the User's written consent, and (b) the User is responsi. fry 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 18 OR 5203 PG 1147 17H 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 pro ' okAtr.Ran4-T . . --Nit the Parties cannot resolve any dispute betweenthem with e ' n representativ-, al mediation with a Florida Certified Mediator shall be el. . the1rties with each •art earing one-half(%) of the expenses of the Mediate s-ect.: an. ac °p able to b h Parties. If mediation between the Parties is ns :•. ail themselves of all other available remedies at la an. equ .\ (71 19. CROSS CONNECTIONS PR 91- ITED. On all prope 'es er ater service is provided, the public water supply s w.-i'.- protected by an-..-‘':ore - kflow protection device as specified in Ordinance No. vt - , as amended. . l To determine the presence of Tpintjil £ae to the District's potable or IQ Water Systems, the District shall have - , 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 18 v OR 5203 PG 1148 1 7 H 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 a minimum of six cross connection inspections. The service connections that require). i• -re,(fisted in Exhibit "C." Additional cross connections inspections may b .1 :4 . _ , c . '•• by the District when additional service connections are mad . s connections ar- On 20. RATE TO BE CHARGED ,OR QlW.- R.` .i g avai bl and/or furnishing the IQ Water, the District sh. I c :,:,,fin, -r... a.: • hg-• ate. and charges as defined �in Ordinance No. 2001 3, : .m- d: V (.1 ` H The User is receiving ' rized Service unde-. is Aare: a t. Pressurized Service will a ^_i,•d by the District tb- actual metered IQ Water delivered at the User's POD 'I:. .' ion to the lia availability charge. Users with Pressurized Service may be sub�ect,t ,rre r Erry 'on 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 7 of 18 7 OR 5203 PG 1149 17H 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 he 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. RCQ 7,124. DISTRICT EMERGENCY SITU` v:--Th —Distr3 t $ emporarily cease IQ Water Delivery in anticipation of a . - or storm event. ergency situation shall not relieve the User from pay en fprtha eriod ofd ime. 25. DISTRICT NOT LIABLE 'OR .• �":ij . e. '�'t�+• `;� R. he District shall not be held liable by the Use for . ure • t . �- f .ert in situations preventing delivery exist that are •- .•f - . on » t • - istrict. Such situations include, but are not limi • • '.,the following: 'A, .� (a) Unavailability of I ►� r F er due to a loss of influent to the water reclamation facilities •• • Qj m failure or a reduction of wastewater influent flowli- ed 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 10 Water availability, the District has the right to interrupt service per District operating protocols. Users directly Page 8of18 7r" oR 5203 PG 1150 17H 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: Royal Palm Country Club of Naples, Inc. Wastewater Director 405 Forest Hills Blvd 4370 Mercantile Ave. Naples, FL 34113 --, �[Vaples, FL 34104 Attn: President Y°, Z. ' JA, With copies to: �" Mike Sankey,Golf Course up end-- --_ c fice o theCollier CountyAttorney Y Royal Palm Country Club�f Nap nc 1:• 'ami;Trail E., Suite 800 5626 Warren Street �N) e L\341 .2 Naples, FL 34113 The addressees, addresse 7. numbers for the poise , ,t is section may be revised by either Party by giving w'x rl,inotice of such cha `t The other party in any of the manners provided herein. Folytf pul�ose of c_ha rr syt h addressees, addresses and numbers only, unless and until hh ite '' eceived, the last addressee and respective address stated herein shat 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; Mike Sankey, Golf Course Superintendent 0: 239.775.5977 M: 239.249.4696 Maintenance@royalpalmcc.com The District shall attempt User notification by telephone or email stating the nature of the emergency and the anticipated duration of the service interruption if the Page 9 of 18 OR 5203 PG 1151 17H 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 us '. grity ep .. .ved uses on the User's Property pursuant to all applicable Iota 8' " d-Feder: er 'ons. U ' 29. CHANGES IN LAW/EXCUSF' CVfRFORMA(\IC (i) This Agreement will .e '4r :. r I, -ar term by the provisions of Collier County Ordinan.- N Or 2.13-,8 s ••. : . on 2'. 2113. .a W During the term of this '_.. -ment, if there are .m: .:,,ents, revisions or changes made to any relevant pro ,,, of federal,state . al laws, rules or regulations that negatively affect eith q • • Parties' abilit orm its respective duties or obligations, or obtain the re 61.-i.). ;n .1 benefits expected under this Agreement, then within ninety (91 . . ,, . : 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- Page 10 of 18 OR 5203 PG 1152 17H 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. 23- cou 32. NO THIRD PARTY BENEFI This Agreemen ris :s ely for the benefit of the identified Parties hereto, Aid e. cessors in inter_ t, a assigns, and no right or cause of action shall ac ue 4po o .y reason eof,to .r r the benefit of any third party nota Party hereto.. LI I33. SEVERABILITY. If any pi? if - L risdic io r 4s that any part of this Agreement is invalid o 0 en orceab e, such . van. ty i,1 enforceability shall not affect the other parts o` ,- Agreement if th: '•:h, . ., bligations of the Parties contained therein are n. . .-rially prejudiced a •. if' intentions of the Parties can continue to be effecte•. 16,•i: end,this A: - to is declared severable. 1nt cy Rc 34. LAND USE APPROVALS. This Agree - 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. 1 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. Page 11 of 18 ,� OR 5203 PG 1153 17H 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 un - - g Con -. . written agreement between the District and any successor ant �. )0 i st five (5) year renewal period after such sale, transfer, o - t1ance, the Ag le must be renewed with the successor and/or assigns, •r Is I. ater service will be di on • ued. 39. ENTIRE Agreement. T s •- ‘f t. •,'11.4 -• e greement between the parties with respect to the •jec, er - S .. (r:in. Any amendment hereto shall be in writing dul : . :/ - fa ,1, i t p this Agreement by the 4 Parties hereto, or their , .-ssors in interest t,; the 'ro,, Each amendment shall clearly and specifically r:f=, .. this Agreement •A"`it - ._n1 ,ate. Any amendments to Ordinance No. 2013-48 or •1. Water Policy shall n• .441'•pplicable to the User during the initial five (5)year term o Ili. •�: --ment. 91 40. SPECIAL PROVISONS. Exhibit "D" assigns and defines site specific provisions, if any are applicable. 41. EXHIBITS. See attachments. Page 12 of 18CL'-'-'\) OR 5203 PG 1154 17H Witnesses: AS TO USER. Witness (Signature) / /01 • Name: 6e-6F-Grey /IAA Royal Palm Country Club of Naples, Inc., \'1� cpR Colo da non-profit corporation By: r. k. I�t()Cy�C�iSS2Y� Witness (Signature) \Cc LOVIi `�►'1iL.vtiyf e . . titlg Name: ) tm '' -`. �tHE -.. Page 13 of 18 n OR 5203 PG 1155 1 7 H -tate of � '(t County of esjkV,,,Q_(' The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality(10)Water was�ackno ledged before me this aiS day of QVL , 2014, by L-+• •31. O r) (Name), A- - \[j(Q W .021:: (;'Qf'itle),on behalf of Royal Palm Cou Club of Naples, Inc., a Florida non-profit corporation (USER), who is personally known to me or who has produced TL�t'1/QYSL.CQ ype of identification) as identification. / (affix notarial seal) Ill I '-' ki. )2.0_.djk (Si:natur- of Mary Publi �,\.,�--.4111",!!1 •tary Public) NAMIALM _O NOTARY PU:. ,(;. Nogryp •Maio of Florida erial/Commissi•n#: 'f any)' ( 3 z' My Comm.Eglom Mor 4,9019°; — X om i Sion E ire (Y1Gr '?�C7t$ I r Comieti *FF 09!399 ' (IC �! 11( ri"kIlz 9 AS TO THE DISTRICT: <7 . . '1 rp, '1',,,.., (� 4 ATT,6 .;. . 71-TE �Yi\ DWh IG T ;$RQCK, ERK F DISTRICT COMMISSIONER, COLLIER At, pp'�I� it DISTRICT, FLORIDA,AS THE GOVERNING BODY Mi A 1OF COLLIER DISTRICT AND EX-OFFICIO THE . .r t'',, PHI ''K GOVERNING BOARD OF THE COLLIER DISTRICT tD�#1�1�nta t. WATER-SEWER sign�txt��iiy'`. By: 77----eel9Lt.‘-c, i--;m Nanc_Q_,CHAIRMAN Ared as to form and legality: a Nii L : Soo 12 1a1... Title: Ue,u Lown`y ► oY County Attorney's Office Page 14 of 18 OR 5203 PG 1156 17H EXHIBIT A PROPERTY DESCRIPTION The property covered by this Agreement is the Royal Palm Country Club Golf Course, Parcel Identification Number 55151720005 shown below. Residential lots and public rights of way are excluded unless they are irrigated with IQ Water. ,',;! r t`3-+c Y etts WrN Y;�. ;. ' `+W+FSTODrJ47,7='VrGr791 .s "tiIt1f$Ill►Ftiti , " , , r.... .r1: i414, $YIM(" 4dpga* :f +a►Hi i`fi'! ... aArrUv+wc.IMI UCC KRwA,, ;^= _ •7 ""' : TeiyZ ri. P Y ~4`$.Nitf tY, 77 1t'`./4,1, a f R S., 1 +Wo:q M 14r F`T� 6 1.' •• 4'r SAG ‘004. 004 4 iF4 t ,;44,,,,t, y+ j ti .i .\ ..Y +M44t,9�.Y,. ,., ti '.t'Y.'N•',ti Yt .s; gtr'�Y"4:. ,, „ ,ir i ' 7. ! 'a' ' :i ! 't 4' " G ' RrhILGT ', p - •ail �! p ti + !F' [ 7 9,y 1 a.z'' '...1. 4.kt 4,-?• X1'1;. `_;•' ‘ „,4.. ••,... 4. • 0' 't i r t '' ;a 0 t ''Y Page 15 of 18 ,...___. OR 5203 PG 1157 r. 41.......- ; • ,'"t':,. ''''',.•Olt.f.,` e_w kr.) .J. .,'+'.4 $ , sok." i ; 'i` • ''', , ''•;)`.i 4 Lr) , 4 _',;( 0.4' ...:'('''4'- `6I'';'..,#, '";e11:,1.- °-1'..' ' *.•4 i‘, '7'.1. ,,...1.1-'', " '':": t -4. 1 '74 ),. 111111L.-.7 Ar . 1 3 ,. ,,.7.,,,:k,r..,..7",:,...,07,42itnei;:, ,.•,,4-. , .,,,---,- ,4*,.:. .4.•v-, ', -. '.:, : , K . '... - — ,.. . •,' , . . , .. .. %)•44., C> . __.v . ..30,. . "' 7" •41‘Ati,., ,', E.' — _ji-- . , ., . ,. kt,.4.,,,4•21•'...,-reH...4.-",:-•,,,;..-• • -AA:: ,t ,,, tr,,,,,,,•,pror -. • -! r 03 { !' ' ,:,,',T .'",' . ' • '' A .....- 1 (-) .. . >" Cr W ':, c / ,-Ir- -.:*41`,.V.i riDURI— '• '''' ES,, ., Z 03 54-',' ; , ,,,,;!*•*,:, •0DA DUB..-...------ 4.„• i, q ", 1.-- : .1",,'• n t . . 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'IV;'.1;.171'IL ...to, • 1".... *, ' T..-* -442 -t, . -"'''' ''','' l'• •:.-i, •. - — • tAist_ •— - • IA —•0 .•.< .. .',,-,".0.-. - - 4,4; .71 '41 k*. "'"•' 41 IL. , ;- 41, 8151;‘)./ illiAliii, . . , . ' . I t L31 .."" I' ',"•:•.,"i::, cf. • ''',. ,1'''.'! 4' . s ..<., : ,, ri "-4'44 lit s '' ,.... v , '• .- , -, ,- t, , ,.. , (4 •, .. • 4 ....-^ -A, .... . . . , %. , ... . . • ..- ,..'., T./. - -, -.1.. ' - - ( 11, •- . . . 1 ;'*.•'•: . ,. l's 414 . . .4. • . 4 '4'" oicir...,, 1.'• *4:k ,.• . Ck iv.;-4 4.1a.k ,i).Ali ,' ;„. ir . r•,, 4 ::' a gn ( • .d. i •• • lek.* 4 'et '••-' .... i1 U.1 -J 1 1 81 0 L.) VI E. 0 7 " "r1;1111V1 r,i o N •-• §'1 (.1 A 8 F 5 t5 g M .enp.pr,q P.1101,1 wdltt-YLOZ'SZ IT oa.1.,..l B.P'El lei.°emo Aeininoo niva ivxoe\atone\ns\AeAsKnozVioz\4, Page 16 of 18 :-\ .., OR 5203 PG 1158 17H EXHIBIT C CROSS CONNECTION INSPECTIONS REQUIRED • Clubhouse • Cart Storage Building • Pro Shop • Maintenance Building • "Halfway" houses (2)and • Any other structure located on the golf course served by a potable water system. C^1 CC 0 .1.) If F-4 T)1F, CRC, Page 17 of 18 *** OR 5203 PG 1159 *** 17H EXHIBIT D SPECIAL PROVISIONS 1. Within 6 months of execution of this Agreement, District will install an isolation valve immediately downstream of the Point of Delivery in order that User may isolate its irrigation system from the District's IQ Water system. O�. P P4-) C(111 Page 18 of 18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17H THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Count Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 2.5.-- Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docuumis already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney SCK) skz..s\,-, 2. BCC Office Board of County '" \l Commissioners ) SA,t-1 3. Minutes and Records Clerk of Court's Office \(*) , tes re 4Sf17 3'17 fr/ PRIMARY CONTACT INFORMATION / Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item wasr/_� ryry Agenda Item Number , Approved by the BCC / 2J -I� 0 1'3 /7 P Ras D ' Q Type of Document Number of Original .L--0 1s Attached r enC�_ t �� Documents Attached PO number or account Account: Fund , Cost Center , number if document is Object Code 649030, Project to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. T'' 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's . signature and initials are required. G 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofour deadlines! 8. The document was approved by the BCC on LQ) Z3 /Lo 13 ,and all changes made during the meeting have been incorporated in the attached document. The bhg County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 11/30/12 Memorandum 17H TO: Minutes & Records W '"1 FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real 'Ilkperty Management DATE: May 17, 2017 RE: Hibiscus Golf Club — Nassif—Amendment to Agreement This item is being accepted by the BCC under Resolution 2013-140 which was approved on June 25, 2013, Agenda Item 17H. Please attest to Commissioner Taylor's signature as Chairman on the Amendment to Agreement. Also, please forward the Amendment to Agreement to the Recording Department for recordation. A recording form is attached. Please contact me if you have any questions or comments at Extension 8917. Thank you! 17H mo�mw E08 � AMENDMENT TO AGREEMENT -co m = cj onmpo o00J w � zN '0 ATIjIS AMENDMENT TO AGREEMENT is entered into this day of 2), 0 t �C.. 2017, by and between NASSIF GOLF VENTURES13, LLC., a -n o Flo a limited liability company, d/b/a Hibiscus Golf Club, whose mailing address is r— 0 5375 Hibiscus Drive, Naples. FL 34113-7719, (hereinafter referred to as"User"), and r o w COLLIER DISTRICT WATER-SEWER DISTRICT,(hereinafter referred to as"District"). D -o rn WITNESSETH mom WHEREAS, the User and District have previously entered into an Major User m Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water Agreement, dated m August 24, 2015 and recorded in Official Records Book 5192 at Page 1987.(hereinafter n N referred to as the'Agreement"),incorporated herein as Exhibit"A";and C WHEREAS, as construction design evolved, the finished product varies slightly o from that envisioned in the Agreement, and the User and the District are desirous of 0 amending said Agreement to reflect said revised design. NOW THEREFORE, in consideration of the foregoing Recitals, and other goods and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Paragraph 9 is amended as follows: 9. POINT OF DELIVERY(POD).The POD is as defined in Ordinance No.2013-48 and located at: a point where the relocated ID main crosses the seutherty+-boundary-of-a4&-feet-X-65 _ • - - - - `• =t • . • - .. ..- • , : right-of-way tine of Rattlesnake Hammock Road. and further identified in Exhibit"B." In the event that an existing Point of Delivery (POD) is being relocated and the Distract 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 alt District easements necessary for the User's maintenance of the conveyed facilities. 3. Exhibit"B"is replaced with Exhibit"B"attached hereto 4. Exhibit D—Special Provisions is amended as follows: 'The-District-will-•senst ereped iea-st-Rattleen- _ r= - _ .cde-iia--acr easement— .. . - . - - ' , - he-existing a.._ • !'.. Ser: ipmer�t-that-meaeures the water:-Jeer Q VAtat�-e nsmit-water Level-sigaals-Loa-remetetosatisn shat#r . The District will also relocate a portion of the IQ Water main between Rattlesnake Hammock Road and the canal to an alignment as close as practical to the canal to the point where it rejoins the existing IQ Water line. User agrees to provide a temporary construction easement to accommodate this work. The portion of this line to be abandoned will be physically isolated from the active main by the District. User will then remove and dispose of the abandoned portion of the main. In accordance with section 13 of this Agreement,once these facilities are in place, User will own and be responsible to operate and maintain all IQ Water facilities downstream of the POD, excluding the aforementioned water level measurement and transmitting equipment. 1 7 H 5. Excepting the aforementioned modifications set forth herein, alt terms and conditions of the Agreement remain in full force and effect. The Amendment to Agreement merges any prior written and oral understanding and agreements, if any, between the parties with respect to the matters set forth herein IN WITNESS WHEREOF, the User and District have hereto executed this Addendum the day and year first above written. SE-• fl NASSIF GOLF VENTURES,L.LC, gnature) a Florid imited liability company, .d/b/a Hib',Gus Golf Club ama r ' 4 tt/rr F Nl ' illr• •rind • �f .4. " et. C By: A. ' Warless tsignsiere) ,►'a N •if,as Manager tia*nt`4)(JA ZIT AS TO DISTRICT: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER DISTRICT,FLORIDA,AS THE GOVERNING BODY OF COLLIER DISTRICT AND EX-OFFICIO THE GOVERNING BOARD OF THE 0 DISTRICT WATER-SEWER DISTRI T +; h 414......... ' \ ' a' • PENNY TA .Chair Chairman S ' p ';; SignataZto torn,and legal Jen =".,.Be pedio,Assistant C• • ey ('37 '17�7 aCD 17H INS7R 5169313 OR 5192 PG 1987 'ECOROED 9/8/2015 10:49 AM PAGES 18 DWIGHT E. BROCK, CLERK OF THE C .IIT COURT, COLLIER COUNTY FLORIDA REC 5154.50 MINT f Pow_Le= Major UserAgreement for Delivery and Reuse of irrigation Quality(IQ)Water -N' THIS Major User Agreem nt for the Delivery and Reuse of IQ Water (Agreement) is made and entered into this,Z day of limper, 2011 by and between Nassif Golf Ventures, LLC.a Florida timtted Liability Company.d/b/a Hibiscus Golf Club, whose mailing address is 5375 Hibiscus Drive.Naples.FL 34113-7719, (hereinafter referred to as"User")and the Collier District Water-Sewer District (hereinafter referred to as "District%, collectively, the Parties hereto (*Parties").This Agreement will take effect on [?dd&'it I , 20,jitrand will be effective through September 30.2020. RECITALS WHEAS,IQ Water offers an environ i-. - .tainable method for managing wastewater disposal, conserving potable w• • krVergesc t• ' on 403.064, F.S. encourages local governments to implement r:to•.- • and • - x r • ions on deep well injection and other forms of effluent des.•sclU District desires to . . elf and make available to the public, 10 Water as an .,ter . • •sou to 13- -• for both irrigation and non irrigation purposes;and, WHEREAS, all wast er , --tme t "OM fr'e f• rat a 1Q Water or dispose of effluent u an ro.- e„ ••' t _ into a binding agreement between the Involved e• •s to ensure that ns . •eratlon, maintenance, and monitoringof such use m •,. • e requirements of p r r,62-620 and 62-610,F.A.C.; and, WHEREAS,the Board of County •n ._• 3 . as adopted Ordinance No. 2013-48, to maintain compliance with Distnct fl +!► , . 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 utikzation of the District's limited water supplies;and, WHEREAS,the District agrees to deliver 1Q 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: i 1. RECITALS. The recitals above are true and correct and are hereby incorporated into and made a part hereof. 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO Page 1 of 18 17H OR 5192 PG 1988 • 1111102.--111 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 Exhttt"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 Dstrl t for the benefit of both the Users and the District.among other provisions. Ordinance No. 2013-48,to indude all of its definitions,terms,conditions,obligations and requirements. is hereby ifteorporated into this Agreement in its entirety by reference. 1 it Coale 5. IQ WATER POUCY.The • County • - )has also adopted an IQ Water Policy . • . be amended from tine to time, which . ! 4 Service to inclutde, but not be limited to, .J0 rates,and the provision of service. � � 'y;1111 D. QUANTITY. Bulk Service • _ User's , the combination of the availability of the r Water and the '/ Application Ram for the Property as described in ,,11t,44 ,1` c,, ! , , which the District agrees to • make variable,and the User . - en the terms of this Apeement, is calculated as 257.600 ar4Oons per .'- r. ' This Allocation constitutes the minim ml 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 hither in this Agreement. Applicable). 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 any,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 Macedon to approximate the historic volumes delivered to the User. Delivery of this additional tO Water at any time does not grant the User with an kuxease to its Allocation under this Agreement. No Allocations will exceed the amount as is determined by the availability of the to Water. Page 2 of 18 1 7 I-1 1 OR 5192 PG 1989 a ` ', , 4. 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 fife 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(inchuling charging aquifer storage and recovery wells); except for reclaimed water needed for water redarnatton facility treatment processes, injection well testing,fling and other regulatory requirements or as it may be deemed necessary by the District to do so from time to time XI 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 midright, 12:00 a.m. The District retains the right and sole discretion with respect to delivery times to the LL R Co At Prior to the addition trif ti, Users of the iQ ' ', • ,and based on IQ Water Availability,twistingApar,-• led witfiNol . . nity to increase their Allocations on a the qm 1s)per a Per week,o fthe 1QWater .y,. ,.i, l-.•'' / p . . by the MAR ution.in -'- "? F oroffslt credits. For the purpose n>f the -i`lir oiors any increase in IQ Water volume for existing f �1-. Inv be n- "-.' cat of the Major Users' Irrigable acres IQ water in 2012 viLi 7• TERM.The User agrees to minimum term of five(5) � «�► - s°-• � for approved uses for a years 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 coedde with the expiration of ail other irNfiai five-year Major User Agreements),and which may be renewed for successive five (5)year textus upon the mutual agreement of both Parties. Within no less than one (180)days and no more than three hundred sixty fie(365)days from the end of the initial five(5)year term or the then-current five(5)yearterre,the Parties will meet and discuss the terms and conditions for entering into a new Agreement, which will reflect ail of the terms and provisions then being Incorporated Into like District Major User Agreements. If revisions to the then current standardized Agreed M are required,thee 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 Spedai Provisions. then that Agreement shall automatically renew for a new five year tars. 8_ IQ WATER DF.FROTION.shall mean alternative water resources Wier than potable water, avae'to the District and shall indude:(a)wastewater that has received the treatment established by the Florida Administrative Code; Rule 62-610.460, anrently defined as wastewater that meets,at a min morn.secondary treatment and high-level disinfection Page 3 of 18 J 17H OR 5192 PG 1990 Page "'' " r after disinfection and before Msdvarge to holding ponds or the 1Q Water System and(b) r• , Supplemental Water Supplies such as ground or surface water. IQ Water may also be referred to as reuse water,effluent water,or rued water. 9. POINT OF 0EUVdtY POD).The POD Is as defined in Ordinance No.2013-48 and located j at a point where the skidded IC)main crosser the southerlv boundary of a Afoot of X 6S foot Uti>iti,Easemgst.This wird kanoroginsately 65 fees Eoih of the rieht-of-say • One othidesnake Hamada Road, rad further identified i in Eiddblt'B.' In the event that an existing Paint • r. stile, is being relocated and the District D District provide , -. any fades aany . D 5-year warranty commencing trans the • Agr+ hent is - - • the Parties, to offset any direct expenses,lad t. , ., ==:: I4 r"17' �" or otherwise fail to 410'function as intended!, ' ` `� f., attributed to an act or acs caused • nfll ,!�► ° also provide the User an District easements • for flee User's -:)--• • conveyed facilities. ifCs —}41 10.DELIVERY OF IQ WATER . - •- delivered •. will meat appiabie state, federal and local 1 T2: . Points.The Di ict wN not provide any addlliond IQ Water beyond the compliance points located at the water reclamation facilities No warranties or guarantees are evade by the District wails respect to K1 Water dsaracteristics after its discharge from the water reclamation fadMtles. The District win not be held liable for any damage or harm to persons,property or vegetation resulting from the application of District tQ Water by the User. 11.METERS.Al comedians to the IQ Wrier system shall be metered in accordance wNth Ordinance No.2013-44,as amended. 12DISTRCT RESPONSIBIUTN3 UPSTREAM OF THE POINT OF DELIVERY. Except to the extent,if any,dearly and mores*spedned in the Special Provisions paragraph in this Agreement to the contrary,the District shall own and be responslbie far ail repairs and associated costs of operatingthe!Owner system up to the POD. 13.DISTRICT RESPONSIBILITIES DOWNSTEAM OF THE POINT OF DELIVERY. Except to the extent, if any, dearly and expressly spaded in the Special Provisions paragraph in this Alledrnernt to the contrary,the District loll NOT own, operate, or maintain the IOL water distribution system and shall not be deemed to be in Page4of 18 17H on 5192 PG 1991 fi possession or control cities 1Q water di on system dorwnstreem of the POD ;i 14.US&R RESPONSIBILITY UPSTI*AM of the PONT OF DEUVEERY. The User shall NOT own.operate,maintain or change or modify any part of the District's infrastructure. However,the User is nesponsdle for landscape maintenance such as mewing and ` s tree trimming around the DisMct owned ire on the Usees property. ' 15.uSER RESPOt51111U11ES DOWNSTREAM OF THE PONT OF ORNERY. Except to the fit,Wary dearly and expressly speolied in the special provisions parav ph In this Agreement to the cosArar% the User shell take full re9poesibiNty for the design, construction, permitting,financing, compliance, operai<ion, wandenanar, and repair } of the IQ water system downstream of thePODas oatNwed la Ordinance No. 311.348. AN tseaovmed pump 3 " r automatically shut down due to low pressure or lack of t r- ;"'- for User equipment failure or any damage due to . ., or lack of flow. The User shell post ' ,, 62-610A68 FAG 4110r- - ral community - liir air '� �1 " and IVACO a Golf courses shadi post,maintain,and • and either at JOWL 11N116- the first and the en score cards, • 9 16.USER NESPONSIINUTY EASEMENTS •s FAaUTESTC WSTRKT. • Upon the request from 1 the User and/or assigns, shall dis�mton �� 1� ��;'�'����Al such doanrents � Pry, shall be prepared, retrieved and processed in accordance with the provisions of Ordinance No.2001-31,es amended,Ordinance No.2113-4S and recorded as set forth herein. 17.CONSERVATION. User Shell make all reasonable efforts to conserve IQ Water. The •• User shall ensure that the User's employees, tractors, agents, residents. and invitee are Intoned shout the Importance of water corse stioe by implementing an ethicational program. 18. IPKIEMINFICA110N AND HOLD HARMLESS. (I) Upon a finding through a production of competat evidence that{a)the District has not placed g either two or ells the User's property without the User's written consent, and (b) the User is responsible for injkery to parsons on, or damages to the property of the Disbict,the User indemnifies and holds the District harmless from and wig all blahs,dela dumps,expenses,or aches,either at law orequity,caused or Yearned a3 the result of the negligence,omissions or wNlMl acts of the User,its agents, employees,residents,guests,or invitees, whose acts or omissions for whirls the District may be held liable &Mai the District's pedarreanoa of this to spedficelly include any moss connections made by the User,including,g,Malt not baked to: baboon Paw sot 1$ 17H • 0R5192 PG 1992 POIFtain Potable water,IQ water.medal rater aid any other additional or supplemental water• sources. User adwawhees that Kt water,due to Its(heroical composition,may not be compatible with the Users' niton 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 maw due to the use of IQ water by the User prodded that the quality of the SQ Water that is delivered to the User meets al applicable mate,federal and local requirements at the District's Compliance Pains. • Upon a Oodles tivough the production of evidence that fa)the User has not placed anything either into or onto the District's prepeety or the Districts easeaeeMs for its ream water (Silvery system widget die District's written consent and the placement caused the aliened damage,and(b1 the District is responsible for injury to persons oq,or damages to the residential or commerdai property of the User as the assn*of the negligence. District's employees,agents or other entities otherwise - , • ,incl,operate,manage or maintain the District's -, /P{ a ,the District,expressly without waiving any of • ' • tae only to the cadent • rota dens head holds hereby sponges, or . I 1 7 171. as the result of the guests,aMdlienok or invitees, •. . . -...-.-� be held liable deem the User's A�oanant. •7 • 'p"' be held labia for any consequential damages rest*of its provides IQ Water tea any Users. • (ill)far the purpose of both • - - '. • if the Parties cannot resolve uw dispute between them with their own rept wn,formal mediation with a Florida Certified Mediator shall be held by the'lard's with each party bearing one-had $)of the espouses of the Mediator selected by and aoceptabte to beth Parties. if readaton between the Parties is unsuccessful, beth Partes may mail themselves of>i other available remedies at law and in equity. 19 CROSS DONIdECOONS PllolilUTED. • On all properties wrhare IQ Water service is prodded, the pubic water supply shad be protected by an appawad bald ow protection device as ape fled 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 shah have the right,but not the duty,to enter upon the eternises and operate the ethos system of any User receiving IQ Water for the purpose of performing aoas connection iespections. if a cross connection is found on a User's property, the District tail immediately Pageiaf M CD. 17H OR 5192 PG 1993 suspend IC Water service pursuant to the provisions of Collier County Ordinance No. • • _i 2013-48. The District wib 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 al costs incurred by the District and the User resulting from the cross connection. These costs include all potable or IQ Water used, including ail potable water used for flushing ones, and follow-up cross connection inspections • • ORA irrigation contractor or a certified Reclaimed W im'" •: .?�" -.ad by the District IQ Water AfeW service will not be -' a1L- a to submatal en report summarizing the cross connection i • .' •"" • •- uent written l by the District The User shall :e f r kkioik performed upon initial connection to the + :` F ,�,• to prevent any cross connections1 � �` i= s krlgatton system. f 7I The User roust pr. • results of a • •,' inspection performed at each internal service ••,,f;1 ---••••• prior to each i eat renewal.At the end of the flue year teran, died percent • and IQ Water service connections shall have , • - • _ sof the cross connection inspections must be sullen the • T the User wit;.: ;i.:= ,; of inspection.At the time of the Agreement Renewal, the User is requi 17H ala 5192 PG 1994 POQII -....6r' 4 s! Service,the Allocation as billed for the respective billing period shall be equivalent to ! a meter availability charge. i B. Pressurized Service will be billed by the District as the actual metered 1Q Water • delivered at the User's POD kr addition to the service availability charge.Users with Pressurized Service may be subject to future conservation rates. 21. RUING. 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.2013-44, as amended, bilbng cycle meter readings, hafted charges, and other applicable rates, fees, and charges. The invoice shall include the billing period of service, the amount of IQ water service lows for each billing cycle, the total dollar and cents amount of the invoice, the amount of any credit applicable to said invoke whether by payment or otherwise, #' tad telephone number for any questions regarding the in • z.- V 'Y C, 22_ UNPAID FEES CONS I , I MEWS PR t z' . e User acknowledges and agrees that in the • th • 1, r . , or ch .t.-.• for the IQ Water Service and fad sties provid pal. and become delinquent, any unpaid balance ILt4 property pursuant t. ` •• ,the "Caber CountyWater-Sewer ' .. -. (_23. USER EMERGENCY •(t.r'•: A. in the eventv; as defined In this Paragraph 23, the User, any of , � set forth herein and request that the •.;, , . ,- r . cease.Such notice shall be made in writing where dreu . r• ._,..._.,,,,iiirtAielectronic uniting is acceptable),and in the event of an immediate emergency, such notice may be by telephone with subsequent wltten confirmation.Emergencies shag include,but not be limited to,the (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 Recessbie 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 ICI Water Delivery In anticipation of a major storm event This emergency situation shall not relieve the User from payment for that period of time. Page 8 of 18 r 1 7 H OR 5192 PG 1995 Exiierr A , 25. DISTRICT NOT UABLE FOR FAN.URE TO DELIVER IQ WATER.The District shall not be • held liable by the User for failure to deliver IQ Water if certain situations preventing "j deliveryexist that arebeyond the reasonable control of the Distritt. Such situations include,but are not limited to,the following: (a) Unavailability of IQ Water due to a loss or lack of Influent to the water redsnmation fadities due to a collection system fame or a reduction of wastewater Wittier*lbw beyond the anticipated low flow periods. (b)Unavailability of IQ Water due to a process faNnre. • (c) Non-compliant iant IQ Water,matting R unusable for approved uses. (d)Equipment or material •, •_ • • ' . delivery system,including storage and pumping. U AT (e) IQ Water tre. or maintena •• An act of G.. ,41 District not feasible or "11411101111 impossible. c r (g) Unusual di ` •.' r,•• s • ...., or unseasonably excessive rai t at makes it not fe . , • ibis for the District to deter i4 Wat ' ''1 In the Instance of Force •�., •,,��.,.�...•.�F �. limiting IQ Water availability, the District has timeright to7717"r�`�` v., . operating protocols. Users e- directly impacted by a specific event;such as interruption of all Users downstream of IQ Water main break wet be interrupted as needed. In the event of limited IQ Water availability, Bulk Users will be uniformly interrupted by a pro-rat: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 raft; or hand delivery by a private service; or by registered or certified United States mail, returnlreceipt requested,postage prepaid;or personal delivery addressed as follows: S Wastewater Director AL IlLWpc.e 4370 Mercantile Avenue • 4#11h 13 Naples.FL 34104 Page 9 Ole 17H oR 5192 PG 1996 EXHIBIT A , za-!L s JR a.Z' &Ari' Lid, Kjyo __-- . -_7 .-•a lai:'7..'us=''- hiapt.ss, R., Tyf.L ..l..14-211 IJaniec The adds-essee_' a 1:i__gas Jnr. Aur-.l• f^r :i-,_- -.;:'rt`,-.- •.f i hi .Bio-: •,,a,• k•c edi,e•l by either Ferri by Wipe rliirtee retice of suicl .. enge the otter part.: le zry Of Phi_ nar)ne!i �lo!inarj herein. Fen the purpose of changing such acdre.ssees., eddreseet and -umlee-: enl•i, Jnies: ?aid ".ere :UCh -Nritten n':tie i" received. the las' addressee and respecrivr address ;t ted herein shall oe eerier! ro 'mitinue In effer FCr llpUr(;ic...''re Notice given in accordanre wiih the erovision;of this section shall he deemed to be delivered and effective Jpon receipt of an autom- : firrnation: or on the fifth jay after the certified Ci regi_tered mail has r •r‘raittCIQ I j . receipt Di t er,cnal delivery; or delivery'.lith on overnight co r �r '.e date u•: the return receipt is signed or delivery is refused or the n• , designated b-; the p . _ mice a: not delivered as the case may be.if mailed. Z7. NOTIFICATION IN E EN . 4 Cr -pr sentative who sh3i: he notified i.l the eve t or - Ern: g{nc) • I- .t') II •deliver IQ waier;re: n f- NAME:PHONE,EMAiLA'II' is tk:Rob Trebllcock � - �. Golf Course Superintendent rj1 <S 0 12391 150-095 (cern 1'11 ; �ZC Robtrebiiccckfh:biscuseelf.corrt Z' �.} The District shall attempt User notification by ieleihone 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 D.strlct 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, i239) 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(6)tie User shall accept the IQ Water delivered by the District and use it only for approved uses on the User's Page lOof l8 1 7 H OR 5192 PG 1997 • • EXHIBIT a P420-11--Ill II Property pursuant to all applicable local,State,and Federal regulations. • 29. CHANGES IN LAW/EXCUSE FROM PERFORMANCE. i (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, ;;i 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 financi. , •fits expected under this Agreement, then within ninety (90)• � )� i � nal adoption of such new law, rule or regulation, • es ' 5ini and conduct good faith discussions and ne • r i ens with respect ins.lying the effected Party's adverse impact o mutually ag -ea•le termination of the Agreement, If w rra to (iii) If for any , ) , T. erit, any State or Federal governments orCI'...�''t lI : e a, units, grant necessary approvals, or sh ,,t any laws or ,.s th. , ulre any change in the operation of k. , ent, transm • ,udon systems or the application and use ,t water, then to , e • at such requirements shall affect the ability of a • to perform an • terms of this Agreement, the affected Party shall be •,.. jap''.--, ili.laids.,,,0 ante thereof and the Parties hereto in conformity with u - .— orals, 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 welting 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 heath 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-defaufttng 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 erred or Page 11of18 1 r' 0H OK 5192 PG 1998 i=! ExideiT 4 4. Naga 42 r_.,ib 9i P. the Agreement has been terminated. X 31. ACCESS. User consents to the reasonable entry by the District upon the User's Property as provided for by Ordinance No.2013-44. i M 32. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the ;i 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 i'. Agreement is invalid or whenforceable, such invalidity or unenfarnedsli ty shall not affect the other parts of this Agreement If the rights and obligations of the Parties contained therein are not mate,• I1;i0 and if the intentions of the Parties , can continue to be - �1�7 #�-, .s .' nt is dedar+ed severable. I- i 34. LAND USE APPROV• *. . Agreement shad • be nstrued as a basis for . •• granting, assuring, I ' :+ . to t • preventing any future grant of land use a• ' . • rove ,gs.other ri with - - •� 't Jir those approvals do 1 , , or negatively impact the IQ use by the U . -AL -� *V 35. APPLICABLE LAW. , . ent and the • . - i i.. •; herein shall be construed, controlled, • .. , :i'• laws of the State of Florida, Ronda Admini, `',.'�"z.,. Colder 4 Inances, and the IQ Water as Policy, they may be- . - -,"r' (*Lace _�- .x• • to time 36- ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this Agreement is prohibited without prior mitten 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, shag also be recorded in the Punic Records of Collier County,Florida. I 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 Page 12 of 18 1711 OR 5192 PG 1999 i1. Peg. ,a k (l provided for herein,at least thirty P0) 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 o6d ander the went terms and conditions of this Agreement unless modified by written agreement between the District and any successor andjor ate. At the first five (Si year renewal period after such sale,transfer, or enambrance, the Agreement must be renewed with the successor and/or assigns,or IQ Water service we be discontinued. I 39, ENTIRE Agreement. TIM Agreement constitutes the entire Agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto • shall be in writing duly emceed with the same formalities as this Agreement by the Parties hereto,or their successors in hewed to the Property Each amendment shag dearly and spedlcally refer to thisi,- •r •: by tide and date. Any amendments to Ordinance No.2013-44 or the - ''•;-'•• .-1 • be applicable to the User during the initial five(5)year t , • 1 .2, 4Q SPEQAh. PROVISO'S. �" . . Previsions, hf any are able. 4L EXHIBITS. See : • 0 C t i 4 V F" 1-4 Witnesses: AS TO USER ' ?,„ "` f, LLC,a thmited Witness(Signature) ( T4 1'+.ii•; 1. • `+ Golf Club dopa. iliP BY: it c4). chi kr Tr Massif, , .I with ,,0- _ ' (lit Page 13ofis OR5192 PG 2000 17H ........... r........or. s e.A., - - EXI, Pegs 11.4.r• ____Ikleftt,' ....._ ; --7.- _Lv -jest '''ll.. fc.r.sec-Ing 44rire s:,•?s 4g:44rr's-4 •!...1:r. . t.w..f.l .•;:i ti: '..,:*. %TR....117.!V.I.=,.:-, was acitnnwiesiged befey... me this 17 -A., of iivt"'", 2u4. 1 David W. 1,42..Ef. t, Manager;co beiill vrfMail(Goll ntk.ra C. e 71 .a tarn zed liability CrImpany.dib.'s 1-libisci.ci Solf /Zino 111SEA). -*tilt% 17 nersc,%nell *''tk. tl fl c r -..0.c, baz prox ,-.. itve:•2.4 (MR...!not's'ial zeal) ;S14)2114VHre f.,. ' Ili .. /i l'O..., *eta,Pew-z.:.-01 Naomi jip„(Anr Nnory pubjic & \ i iiir i Mg COMM Upon sop 29.201 - '' Cromessien e FF IStliA, Serial/Com ,Oka Ilf any)r 1P I fig 106 My Commis*, ;rai -s:_11,14/11_, n C 0 11). V 1" tE.TO THE DISTRIC-: t..' t ' Ai!t3e, 'r . 'N. ,- :.• D*6HY E.Bfletit,CLOY t...),6 'r. .7"1_r ' COMMISSIOttEktOWER 1 an .' ' &"IDA,AS THE GOVIRifING.BODY otv 1. ''•1 ' l -,:. —.......,;;_or...... ....! . Ort. ER DISTRICT AND EX-C)E/CIO TNE • - Mosta t • , RK GOVERNING 5O-ARD OF THE,71:41.*Ii.DittRICT i.. WATEF-SEWER 1::T *.;*-,' • .4: .,.,.• - if.. 4, • -• Bv: ../;..s.,.......‘,`' Mn -1 CHAIRMAN .. . -.40 Approved as to form and legality: 2.61r.....2---- -ivi Assistant County Attorney S°11111144, Page 14 of 18 , 17H OR 5192 PG 2001 XHI Pam (5 w..._4. 4 EXHIBIT A I III 1 lite .1 .. • �' > 1fi 1 IL 1 ! • �' 't `* '' ° "rte' 4 r 4 , I u 1,11 .e<,t (,,.,., ,. illiiiii i ' 4 1 i .... , iit 0 . ), .h• .',. %, .p;,.„- I ,..1,it . 114, . „...,..14 %. k .„, i , i h. . , . 1r il.',', *:3'7.414.c!':‘ ' t �F i ;� 1 • •0101:r ' i :tt' a �0.. . Lid 91 1. 7,r'' ' r � � + j .�1i1 FMi t � 1 '! �n� V ,i R I� /5; y .,1*r<kfil....00A 7411PrAkart r- A* /11?.. .11111h 4* 1.:=" I -'"---1 4Att ._ 1 '". t / ! t! AVIlp oito , tej4.-- ,... 'i s' "" IF: f.Cil 7 ,rr. k y ' kilt _`�! � /41, .` � :. 'ti / i i',. i r 0 -.) , I 1./ i ! IF z.,,,,,,.., �� . • /�' „, _....• 4M ;Ih v I It ; 1 „ �`'`, -� 3 , iI 11101 ! re1 N, 1111!f 111111' amorsrompe C Af• Page 15 of 18 OH OR 5192 PG 2002 . ............... EXterrAws P442.--4--.41. 4. - • • . ... __. . .._. ........ ,. . . s 1 ...... , '.. :•1. r.. . r , ....... .. ._ — . 1! ! i -..‘1,.....".1 ......? : ;b1711 : •41%.,„..., • 4t1_7__I:•• I : . i t dl.SRC Otik . $ ••••;$ (-A., ; • ,....,..." 21 - : .... . :z ....• : .4, • ... _ . . i -t• . . • . ....-'.71 i i 4 .... . . ,... . Cl''• -I.: fa ; • •- ••4,.;•; •...,-7-- ,;,;--:• ,.... ..a ......-; (--0' S. 41E i 1 4 - ! — ii - ....: ; --4 = =Ica•c....=•c issr- -.-.. z..--. .ae c.: 4..m.ca,ca 1...-: ...0 .. = .--L.:11- ti . , It I i 1 1 .. ..'--....1 Zs. 4 r.• ...:- 4 .... A. I I 1 a I ;i ......7.! I'l aeP i; i '4444 • A 'VI .4 I : 7; :g.-- 1 Z-: s'... i . •:-• •Y• . .. ..-- ; , , ., . - • ; I .. ._ . ,, . ; , . 4 • . . . 1 ; , : 1 ; : . • I -. .• i. ._ .• _. ______ — Best Available Image 17H OR 5192 PG 2003 EXHIBIT A EXItteri C Cross Connection inspections Required • aubhouse • Maintenance bulding • Any other structure on the golf course served by potable water Co 0 \i‘d V.is 11- a r 0 PV .9.4" • 11`1F ClItCL page 170111 17H *** OR 5192 PG 2004 *** • EX- :Y 4 '" P4420 Fat el TCS'-r- t V E)<MnIT 0 Dadal Provisions The District will construct a new IQ Water assembly near the northwest corner of the property near the Intersection of Rattlesnake Hamm*Road and Doral Circle in an easement .; to be granted by User to District,as shown in Eidlibit 8. The existing assembly may be left In i place or removed by the District at the discretion of the User. District-owned equipment that measures the water level of the pond into which the*Water flows and telemetry equipment to transmit water level signals to a remote location shall remain at their current location. '• ; The District will also relocate a portion of, E r maln between Rattlesnake Hammock Road and the canal to am alignment --166. ? !+., User's western property line along Doral Qbde and then as dose as nt where it rejoins the Art,existing IQ Water ane. User r!, rovide a temper • easement to this work �! of this line to be ' 'NM be physically isolated from the active main by th x - R • _ .,. of the abandoned portion of the main. 14111"Tha .TK • in accordance wIth -•.•. ?fi +A '+., .7714.7 , . are in glace,user will own and be responsible _•rnG►wl►l • ti'i 1_44—downstream of the POD,excluding the - _ - t .•=MRS M em - • Vic" '1~IF_' C 1g � Page 18 of 18 1711 — 20" DIP Rittesrsak'e'Hammock RD" 4"DIP Point of Delivery ' (POD)--At ROW Line "'4th feet east of NW ,, e NW Prope " property corner it"Panic A l Relocated 8 #'` ` : Line to Hibiscus �'� i r ?., 431 - ., f mss - I EXHIBIT B Revised March 2017