07-26-2021 Council Packet - Laserfiche WebLink

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City of Lino Lakes’ irrigation watering restrictions when using the City's water supply for irrigation purposes. 6. Maintenance. The Developer shall allow the City access over real property owned by the Developer as is reasonably needed to inspect the Irrigation System, RPZ and Pump. The Developer 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 System RPZ and Pump shall be the responsibility of the Developer. 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 Developer 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 Developer 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 Developer’s responsibility to ensure water quality is adequate for irrigation prior to System startup each spring. The Developer 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, 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 Developer shall correct the deficiency within thirty (30) days after the City gives written notice to the Developer specifying the deficiency, or as soon as reasonably possible otherwise. If Developer fails to correct the deficiency within thirty (30) days after the City provides written notice to the Developer, the City may, without further notice, access the Distribution system to make necessary repairs. The Developer 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.