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and Pump"), have been designed and will be installed by the Neighborhood Association and Townhome Association in locations as generally depicted on Exhibit A attached hereto and incorporated herein, which System, RPZ and Pump will allow stormwater from the Lake and Ponds to be used to provide irrigation water to the Watermark irrigation system (the “Irrigation System”) on the Common Elements as described herein. E. The City and the Neighborhood Association and the Townhome Association wish to enter into this Agreement, governing the installation, use and maintenance of 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 and the Townhome Association will utilize the stormwater from the Lake and Ponds to provide irrigation water to the Distribution System and Irrigation System, all in accordance with the terms and conditions of this Agreement. The Pump and electrical controls will be installed by the Neighborhood Association and Townhome Association and stored within the property owned by Neighborhood Association or the Townhome Association. Nothing herein shall be construed to restrict any other use of the property owned by Neighborhood Association or the Townhome Association 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 and the Townhome Association shall be required to use the Distribution System to irrigate the Common Elements with surfacewater from the Lake or Pond. The Re-use System and Pump for irrigation of the 1-35E berm shall not be connected to treated drinking water from the City’s municipal water supply. The Neighborhood Association and the Townhome Association may only use water from the City’s municipal water supply system for irrigation purposes (other than for irrigating the I-35E berm) when the following conditions apply: 1) There is a deficiency with the system RPZ or Pump that causes the Irrigation System to become inoperable. 2) The pond 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 and the Townhome 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’) pond reduction.