Amendment #1 - Lakewood Coutry Club INSTR 5922682 OR 5815 PG 1352
RECORDED 9/14/2020 2:23 PM PAGES 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$78.00
Amendment No. 1 to Major User Agreement for Delivery
and Reuse of Irrigation Quality (IQ) Water
Lakewood Country Club
THIS Amendment No. 1 to Major User Agreepi nt for he Del' ery and Reuse of IQ
Water (the"Amendment") is made and entered into this )'"flay of ' - 2020 by and between
Lakewood Country Club of Naples, Inc., a Florida non-profit corporation,whose mailing address is
4235 Lakewood Blvd. Naples, FL 34112 (hereinafter referred to as "User'") and the Collier Water-
Sewer District (hereinafter referred to as "District"), collectively, the Parties hereto ("Parties"). This
Amendment will take effect on October 1, 2020 and will be effective through September 30, 2025.
RECITALS
WHEREAS, on June 25, 2013. the Collier County Board of County Commissioners adopted
Collier County Ordinance No. 2013-48, 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. 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 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.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 (the
"Agreement") to be utilized by all of the Major Users of the District's IQ Water; and
WHEREAS, the Agreement has a five-year term commencing on October 1. 2015 and is
scheduled to terminate on September 30. 2020. subject to being renewed for successive five-year
terms upon the mutual agreement of the parties as set forth in numbered paragraph 7. Term. of the
Agreement; and
WHEREAS. the parties wish to extend the term of this Agreement for another five-year term
Words amuck Through are deleted; Words Underlined are added t ;��
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.
I f th U d f li it' the., nt of IQ W ter recei„ed to a speci fic
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.
1Q \��er Availability, existing Majovr-UU,`ersswill--ti
n
then zed nt ,1etermined by the IQW A D „tilization change e
.l, e f r e isting Major Users , ,i11 a based on then nt of the Ma;or
4. Numbered paragraph 15. User Responsibilities Downstream of the Point of Delivery is
hereby amended as follows:
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
3
Words Steel rough are deleted; Words Underlined are added
(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 three 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.
All inspections are to be completed on the Cross-Connection Inspection Form
(Exhibit "F"). One inspection form is required for each potable meter service
connection. All units receiving potable water from that service connection
must be tested for a cross connection. Inspection should be completed by a
licensed professional irrigation contractor or a certified Reclaimed Water Field
Inspector or an individual that has been trained to complete cross connection
inspections.
6. Numbered paragraph 26. Notices is hereby amended as follows:
NOTICES. Any notice,request,demand,instruction or other communication to
be given to either party hereunder shall be in writing sen# 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:
5
Words Streek-Through are deleted; Words Underlined are added
Witnesses: AS TO USER
• fitness (Signature)
Name 3(,ihn 11 i ,R icn
Lakewood Country Club of Naples, Inc.,
a Florida n -prQ4iit corporatio
By: ap,, ye,b__
, i,
tness ignature) .Di.O l C C t" r l,, Pr e>l 1 E4-
r Printed,name and title
Name: (hflb\ M< VYfl\
STATE OF -- toil
COUNTY OF
The foregoing Amendment No. 1 to Major User Agreement for Delivery and Reuse of Irrigation
Quality (IQ) Wate�r�jy�as ackno ledged bFfore me by means of physical resence or El online
Ytariza ion this 7wi day of 0, j , 2020 by Di ;D�h`\ P hpF 1 (Name),as
ref,' jcent (Title), on behalf of Lakewood Country Club o`f'Naples, Inc., a Florida non-
profit corporation. Such person(s)Notary Public must check applicable box:
o°°,2 5'", % are personally known to me.
T
sr: Ry'•gyp: ❑ produced her current driver license.
�'MY Comm.Exp,res.tn:
AUGUST 30,2020: ❑ produced as identification.
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*Him No Pub i lI Prin ed N of Notary: UI [( LA' e Fs
Commission Number: ,, ' ' 1 L
My Commission Expires: A UL 3D,c3; O'
7
Words StruckStfuelt4lifough are deleted; Words Underlined are added
0
Exhibit F to Major User Agreement
Collier County Public Utilities
Irrigation Quality Section
Cross Connection Inspection Form
Subdivision Address
Reclaimed Meter# Meter Read Meter Size
Potable Meter i# Meter Read Meter Size
Hydraulic Test Procedures
1. Notify facility owner of your presence and intent to conduct cross connection inspection. If no one answers the
door,check if potable meter is running. Come back to inspect at a later time if potable meter is running.
2. Proceed with inspection if no one answers the door and potable meter is not running
3. Turn off reclaimed water meter supply valve
4. Turn on potable meter supply valve
5. Turn on and run each irrigation zone. No flow should be observed from the irrigation system. Did this test pass?
Yes No
6. If step 6 passed,then turn off potable water supply and turn on the reclaimed water supply
7. Open hose bibs on the outside of the building. Check for flow. There should not be any flow out of hose bibs
after 10 seconds. Did this test pass? Yes No
8. If both tests passed make sure both meters are turned back on
9. If one or both tests fail,then shut and lock the reclaimed water meter and contact Collier County Irrigation
Quality Water Section (239)-252-6251
10. Inform homeowner of actions taken if you find a cross connection.
General Survey Information
1. Backflow assembly present and accessible Yes No
2. Facility has outside hose bib vacuum breakers installed Yes No
3. Reclaimed water meter box is purple Yes No
4. Reclaimed water signage at entrance of subdivision or onsite Yes No
5. Any hose bibs found on the reclaimed water irrigation system Yes No
6 Reclaimed water used for lawn,vegetation, or common areas only Yes No
7. Reclaimed water used for edible crops Yes No
9. Reclaimed water used for swimming pool Yes No
10. Reclaimed water piped into building Yes No
11. Is meter locked off? Yes No
12. Is a cross connection present? Yes No
Inspected by: Signature: Date:
Company Performing Inspection:_
Please return all completed forms to the Collier County Irrigation Quality Section,4370 Mercantile Ave,Naples,FL 34104