04-12-2021 Council Packet - Laserfiche WebLink

Home Search

The City’s entry and access to, and use of, the Outlots for inspection purposes or any construction work shall always be subject to the following provisions: (i) the City shall promptly restore any areas disturbed in the course of the City's entry or use thereof, (ii) the City shall maintain, repair and replace any improvements installed by the City at the City’s sole cost and expense, and (iii) the City shall indemnify, defend and hold the Neighborhood Association, the Townhome Association and U.S. Home Corporation harmless from and against any costs, damages, liabilities, losses, expenses, liens or claims (including, without limitation, reasonable attorney’s fees) arising out of or relating to any such access, entry or use thereof, all such obligations shall survive termination or expiration of this Agreement. The City acknowledges that the Lake may have inlet and outlet structures where there may be moving water all year. There may be portions of the Lake that are never frozen. Ice near these areas is thinner and more likely to break. WATER ACTIVITIES IN GENERAL ARE INHERENTLY DANGEROUS. WALKING OR SKATING ON ICE IS INHERENTLY DANGEROUS. ANY PERSON CHOOSING TO ENGAGE IN WATER ACTIVITIES, OR WALK OR SKATE ON THE LAKE IS DOING SO AT HIS OR HER OWN RISK, ASSUMES ALL LIABILITY FOR SUCH ACTIVITY, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF OTHER PERSONS, AND AGREES BY THEIR ACTIONS TO INDEMNIFY, DEFEND AND HOLD HARMLESS U.S. HOME CORPORATION, THE NEIGHBORHOOD ASSOCIATION, THE TOWNHOME ASSOCIATION, THEIR BOARD OF DIRECTORS AND ANY MANAGEMENT COMPANY RETAINED BY THEM IN THE EVENT OF INJURY OR DEATH. The water elevations in the Lake will fluctuate widely depending upon rainfall and other weather conditions, and at times there may be no water in the Lake. Neither the Neighborhood Association, nor the Townhome Association, make any representations or warranties about (i) vegetation in or around the Lake, (ii) water quality or clarity, or (iii) the water level or quantity of water in the Lake, all of which will fluctuate from time to time. Nothing herein shall be deemed to be a gift or dedication of any portion of the Outlots to the general public, it being the intention of the parties that this Agreement will be strictly limited to and for the purpose expressed in this Agreement. 7. Startup and Testing. It shall be the Neighborhood Association responsibility to ensure water quality is adequate for irrigation prior to System startup each spring. It shall be the City’s responsibility to ensure water quality is adequate for irrigation for the City Park. The Neighborhood Association shall coordinate Lake water quality sampling and analysis every year between the months of April and May and transmit the results to the City following the City’s request therefor. The water quality parameters shall include, at a minimum, the following: fecal coliforms (E. coli), total coliforms, turbidity, total dissolved solids (TDS), total suspended solids (TSS), pH, chloride, nitrate, total phosphorus, zinc, and copper. Notwithstanding the foregoing paragraph 7, after a period of three (3) years from the execution of this Agreement, both parties will consider and evaluate and negotiate in good faith the matter of whether the Lake water quality results collected to date warrant increasing or decreasing the frequency of water quality sampling and analysis.