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fee (stated above) for stormwater use in addition to the cost of treated drinking water <br />used from the City's municipal water supply system, billed at the City's water rate <br />during that time period. <br />5. Pumping Requirements. Notwithstanding anything herein to the contrary, the HOA <br />shall be required to use the Distribution System and Pump to irrigate the Common <br />Elements with stormwater. The HOA may only use treated drinking water from the <br />City's municipal water supply system for irrigation purposes when the following <br />conditions apply: <br />a. There is a deficiency with the Distribution System or Pump that causes the <br />Irrigation System to become inoperable during the period of inoperability. <br />b. The pond falls four (4) feet in elevation and remains so for at least twenty-four <br />(24) hours. <br />In either of these cases, the HOA shall be required to contact the City, in writing, and <br />request the Distribution System be switched to irrigate with treated drinking water <br />from the City's municipal water supply system during the period of inoperability. <br />Notwithstanding the foregoing paragraph 4 (b), after a period of three years from the <br />execution of this agreement, both parties will consider and evaluate and negotiate in <br />good faith the matter of whether the 4-foot pond -reduction limitation in section 4(b) <br />may be increased or decreased. If the 4-foot pond -reduction limitation is decreased, it <br />may only be decreased up to two (2) feet. <br />6. Irrigation. The HOA shall be exempt from any watering restrictions of the City <br />relating to irrigation, provided that the HOA is exclusively re -using stormwater via <br />the Distribution System for irrigation purposes during the period of any claimed <br />violation. This exemption shall not apply if the HOA is using treated water from the <br />City's municipal water supply system for irrigation purposes. <br />7. License for Maintenance. The HOA shall allow the City or its representative <br />contractors such access over its property, that of its members and over its common <br />areas as is reasonably needed to construct, maintain, repair, and/or replace the <br />Distribution System and the Pump, and perform maintenance on the pond and storm <br />system infrastructure. The HOA shall coordinate and perform full- system draining and <br />blow-out for winterization purposes, with assistance from the City provided as needed. <br />The HOA shall test the backflow preventers every year before start-up of the Irrigation <br />System. All maintenance and repair and replacement of the Irrigation System shall be the <br />responsibility of the HOA and it shall be maintained in reasonable working condition. It <br />shall be the HOA's responsibility to ensure water quality is adequate for irrigation prior <br />to system start-up each spring. Annual water sampling results shall be provided <br />to the city each year. Notwithstanding the foregoing, in no event shall the City be <br />responsible to defend, indemnify or reimburse the HOA or its owner/members turf <br />degradation, consequential damages or property damage as a result of water quality or <br />supply issues, interruption or otherwise by reason of its provision of or failure to provide <br />the services offered by it under this agreement. <br />8. HOA turn -on, notification, and treatment responsibilities. The HOA has sole <br />Page 3 <br />