2017.05.01 CC Packet - Laserfiche WebLink

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6. Maintenance. The HOA shall allow the City such access over its property, that of its members and over its common areas as is -reasonably needed to construct, maintain, repair, and/or replace the Distribution System and the Pump. The HOA shall coordinate and perform full - system draining and blow-out for winterization purposes, with assistance from the City provided as needed. The HOA shall test the backflow preventers every year before start-up of the Irrigation System. All maintenance and repair and replace of the Irrigation System shall be the responsibility of the HOA. It shall be the HOA's responsibility to ensure water quality is adequate for irrigation prior to system start-up each spring. 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. 7. Equipment Failure. In the event there is a deficiency with the Distribution System or the Pump which causes the system to become inoperable, the City shall correct the deficiency within thirty (30) days after the HOA gives written notice to the City specifying the deficiency, or as soon thereafter as reasonably possible. The HOA shall be billed based on a pro rata share for the use of treated drinking water from the City's municipal water supply system used for irrigation purposes. 8. Credits. The HOA recognizes the City's intent to use any excess volume and water quality credits created by the Distribution 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 HOA has no obligation to create any such excess credits or to operate the Distribution System in any manner other than in accordance with the requirements of this Agreement. 9. Default. In the event the HOA fails or refuses to maintain, repair and/or operate the Irrigation System as required herein, the HOA shall correct the deficiency within thirty (30) days after the City gives written notice to the HOA specifying the deficiency, or as soon as reasonably possible otherwise. If the HOA fails to timely correct the deficiency, 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 the HOA and the properties within it for the cost of such work. 10. Extension. Except to the extent otherwise provided in this Agreement following the initial twenty-five 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 party gives the other notice of non -extension at least three months before the then -current expiration date. 11. Termination. If either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice thereof, the non -breaching party shall have the non-exclusive right to terminate this agreement thereafter, upon written notice.