04-12-2021 Council Packet - Laserfiche WebLink

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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 pond water quality results collected to date warrant increasing or decreasing the frequency of water quality sampling and analysis. 8. Equipment Failure. In the event there is a deficiency with the System RPZ or Pump which causes the Irrigation System to become inoperable, the Neighborhood Association and the Townhome Association shall correct the deficiency within thirty (30) days after the City gives written notice to the Neighborhood Association and Townhome Association specifying the deficiency, or as soon as reasonably possible otherwise. If the Neighborhood Association or Townhome Association fails to correct the deficiency within thirty (30) days after the City provides written notice to the Neighborhood Association and Townhome Association the City may, without further notice, access the Distribution system to make necessary repairs. The Neighborhood Association and the Townhome Association shall be billed for labor and material costs associated with the City preforming repairs on the Distribution system and the use of treated drinking water from the City’s municipal water supply system for irrigation during the inoperability. 9. Credits. The Neighborhood Association and the Townhome Association recognizes the City’s intent to use any excess volume and water quality credits created by the Irrigation System as a means of meeting volume and water quality requirements for City road and other projects under Rice Creek Watershed District stormwater management rules. Notwithstanding the foregoing, the Neighborhood Association and the Townhome Association have no obligation to create any such excess credits or to operate the Irrigation System in any manner other than in accordance with the requirements of this Agreement. 10. Default. In the event the Neighborhood Association and the Townhome Association fails or refuses to maintain, repair and/or operate the System as required herein, the Neighborhood Association and the Townhome Association shall correct the deficiency within thirty (30) days after the City gives written notice to the Neighborhood Association and the Townhome Association specifying the deficiency, or as soon as reasonably possible otherwise. If the Neighborhood Association and the Townhome Association fails to correct the deficiency in a timely manner, then the City may, with ten (10) days written notice and without regard to the formalities of Minnesota Statutes Chapter 429, perform such work to maintain, repair, and/or operate the Irrigation System and assess Neighborhood Association and the Townhome Association for the cost of such work. 11. Extension. Except to the extent otherwise provided in this Agreement following the initial twenty-five (25) year term, this Agreement will be automatically extended for successive one-year periods (subject to the “Termination” section below), on the same terms and conditions as in effect immediately prior to the then-current expiration date, unless either part gives the other notice of non-extension at least three (3) months before the then-current expiration date.