04-12-2021 Council Packet - Laserfiche WebLink

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2) The Lake falls four feet (4’) in elevation from the normal water level (NWL) elevation of 900 feet to an elevation of 896 feet and remains so for at least twenty-four (24) hours. In either of these cases, the Neighborhood Association shall be required to contact the City, in writing, and request the Irrigation System supply be switched to treated drinking water from the City’s municipal water supply system. The City reserves the right to disable the Pump at any time in order to prevent exceedance of the four-foot (4’) Lake reduction. Notwithstanding the foregoing paragraph 4(2), after a period of five (5) years from the execution of this Agreement, both parties will consider and evaluate and negotiate in good faith the matter of whether the four-foot (4’) Lake reduction limitation may be increased or decreased. If the four- foot (4’) Lake reduction limitation is decreased, it may not be decreased by more than two feet (2’). In the event that the Neighborhood Association and the Townhome Association uses treated drinking water from the City’s municipal water supply system for the Irrigation System rather than surfacewater from the Lake, the City shall bill the Neighborhood Association and the Townhome Association at the City’s established water rate during that time period. 5. Irrigation. The Neighborhood Association shall be exempt from any watering restrictions of the City relating to irrigation, provided that the Neighborhood Association are re- using surfacewater via the Distribution System for irrigation purposes. Such exemption shall not apply if the Neighborhood Association is using the City's water supply for irrigation purposes. 6. Maintenance; Dock/Pier. The Neighborhood Association shall allow the City access over the Outlots and other real property owned by the Neighborhood Association as is reasonably needed to inspect the Distribution System and Irrigation System. The Neighborhood Association shall coordinate and perform full-system draining and blow-out for winterization purposes, up to and including the S ystem RPZ and Pump. Maintenance and winterization activities shall include by way of illustration, but not by way of limitation, those in Exhibit B. All maintenance, repair, and replacement of the S ystem RPZ and Pump shall be the responsibility of the Neighborhood Association. Notwithstanding the foregoing, in no event shall the City be responsible for turf degradation, consequential damages, or property damage as a result of water quality or supply issues or otherwise by reason of its provision of or failure to provide the services offered by it under this Agreement. The City shall be solely responsible for maintaining, repairing and replacing the Irrigation System located on the City Park, including all winterization work, and any dock or pier located on the Outlots. In connection with the City’s construction of any dock or pier on the Outlots, the City will not allow any such work to interfere with Watermark development work on adjacent or nearby properties pursuant to that certain Development Agreement for Watermark 4th Addition (the “Development Agreement”), or any approved site plan for the development and any other property subject to the Development Agreement. City will make reasonable efforts to restore the portions of the Outlots impacted by City in the course of constructing any dock or pier on the Outlots.