04-12-2021 Council Packet - Laserfiche WebLink

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as identified on Exhibit A attached hereto and incorporated herein, City Park, and boulevard landscaping. E. A Stormwater Re-Use Distribution System (the "Distribution System"), including without limitation a Stormwater Re-Use Pump and RPZ backflow preventer assembly (the "RPZ and Pump"), have been designed and will be installed by the Neighborhood Association in locations as generally depicted on Exhibit A attached hereto and incorporated herein, which System, RPZ and Pump allow surfacewater from the Lake to be used to provide irrigation water to the Watermark irrigation system (the “Irrigation System”) that provides irrigation to the Common Elements. F. The City will install, operate and maintain the Irrigation System located on the City Park which will be connected by the City to the System, RPZ and Pump operated by the Neighborhood Association. The Distribution System and boulevard landscaping system shall be maintained by the Neighborhood Association. G. The City, as part of the City Park development, will construct, operate and maintain a public dock or pier open to the public which extends into the Lake. H. The City and the Neighborhood Association wish to enter into this Agreement, governing the operation and maintenance of the City Park, the public dock or pier, the Distribution System, and Irrigation System. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Use of Surfacewater. The City hereby acknowledges and agrees that the Neighborhood Association will utilize the surfacewater from the Lake to provide irrigation water to the Distribution System, all in accordance with the terms and conditions of this Agreement. The Distribution System will be installed by the Neighborhood Association and stored within Outlots. Nothing herein shall be construed to restrict any other use of the Outlots in accordance with applicable laws. 2. Duration of Agreement. The term of this Agreement, a period of twenty-five (25) years from the date of execution, subject to extensions and termination as set forth herein. 3. Pumping Requirements. Notwithstanding anything herein to the contrary, the Neighborhood Association shall be required to use the Distribution System and Pump to irrigate the Common Elements with surfacewater from the Lake. The Neighborhood Association and the Townhome Association may only use water from the City’s municipal water supply system for irrigation purposes when the following conditions apply: 1) There is a deficiency with the system RPZ or Pump that causes the Irrigation System to become inoperable.