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allow stormwater from the Pond to be used to provide irrigation water to the Lyngblomsten irrigation system (the “Irrigation System”) on the Common Elements as described herein. E. The City and the Developer 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 Developer will utilize the stormwater from the Pond 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 Developer and stored within the property owned by the Developer. Nothing herein shall be construed to restrict any other use of the property owned by the Developer in accordance with applicable laws. 2. Duration of Agreement. The term of this Agreement is 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 Developer shall be required to use the Distribution System to irrigate the Common Elements with surfacewater from the Pond. The Developer may only use water from the City’s municipal water supply system for irrigation purposes 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 896 feet to an elevation of 892 feet and remains so for at least twenty-four (24) hours. In either of these cases, the Developer 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. 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 Developer uses treated drinking water from the City’s municipal water supply system for the Irrigation System rather than surfacewater from the Pond, the City shall bill the Developer at the City’s established water rate during that time period. 5. Irrigation. The Developer shall meet the City of Lino Lakes’ irrigation watering restrictions when the lake level is not within the Lake level elevations of 896 and 894, provided that the Developer is irrigating with the Re-use Distribution System . The Developer shall meet