04-12-2021 Council Packet - Laserfiche WebLink

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Notwithstanding the foregoing paragraph 4(2), 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 four-foot (4’) pond reduction limitation may be increased or decreased. If the four- foot (4’) pond 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 or Pond, 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 and the Townhome Association shall be exempt from any watering restrictions of the City relating to irrigation, provided that the Neighborhood Association and the Townhome Association is re-using surfacewater via the Irrigation System for irrigation purposes. Such exemption shall not apply if the Neighborhood Association and the Townhome Association are using the City's water supply for irrigation purposes. 6. Maintenance. The Neighborhood Association and the Townhome Association shall allow the City access over real property owned by the Neighborhood Association and the Townhome Association as is reasonably needed to inspect the Irrigation System , RPZ and Pump. The Neighborhood Association and the Townhome 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 and the Townhome 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’s entry and access to, and use of, real property owned by the Neighborhood Association or the Townhome Association 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. 7. Startup and Testing. It shall be the Neighborhood Association and the Townhome Association’s responsibility to ensure water quality is adequate for irrigation prior to System startup each spring. The Neighborhood Association and the Townhome Association shall coordinate pond 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,