2019.10.07 CC Packet - Laserfiche WebLink

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in locations as generally depicted on Exhibit B attached hereto and incorporated herein, which Distribution System and Pump allow stormwater from the Ponds to be used to provide irrigation water to the Water's Edge Irrigation System (the "Irrigation System") Common Elements. The City and the HOA wish to enter into this Agreement, governing the use of the water from the Ponds, the Distribution System and the Pump and the Irrigation System. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Use of Stormwater. The City hereby permits the HOA to utilize the stormwater from the Ponds to provide irrigation water to the Common Elements, all in accordance with the terms and conditions of this Agreement. The Pump and electrical controls will be installed and stored within the City Outlots, right of way or easements. In the event a permanent easement is required in order to construct or maintain elements of the distribution system, the HOA shall grant the city the necessary easements in form reasonably acceptable to the City. Under this agreement the HOA understands there are many factors that impact water availability including but not limited to precipitation, pond capacity, irrigation system efficiency, functionality, climate and other user demands and service requirements. This agreement does not grant sole ownership or rights to the stormwater to the HOA. The parties agree that no representation or warranty regarding availability, interruption or regularity of water delivery through the system is created by this agreement nor is an ongoing right to water delivery created by this agreement. The Distribution System has the capacity to potentially accommodate future users, and future users may also, in the discretion of the City, be granted permission to utilize the stormwater from the Ponds. 2. Communication. City and HOA shall reasonably endeavor to notify each other of any construction, maintenance, or operational changes to the distribution system or the irrigation system prior to work taking place, including annual maintenance and work done by third party contractors. Also a copy of an operation and maintenance manual shall be provided to the HOA by the City prior to final completion of the WERSP 2. In the event of any proposed additional uses or material changes to the system or irrigated area by either party, City and HOA will meet to discuss and review the agreement prior making changes. 3. Duration of Agreement. The term of this Agreement shall be twenty- five (25) years from the date of execution, subject to extensions and termination as set forth herein. 4. Cost. The HOA recognizes the City's financial commitment to the installation and maintenance ofthe Distribution System and Pump forthe purpose of stormwater reuse. The HOA, its successors, and assigns shall be required to purchase stormwater from the City at a rate of $59,500 per year (paid prior to December 31) increased annually by the lesser of 3% every year or the cost of using treated drinking water from the City's municipal system for irrigation purposes. In the event that the HOA uses treated drinking water from the City's municipal water supply system, the HOA shall pay the Page 2