2019.10.07 CC Packet - Laserfiche WebLink

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responsibility to turn the system on each year and turn the system back to reuse water from potable water in the event the system is turned off or temporarily switched over to the potable source. Any additional expenses associated with the use of potable water due to failure to switch over or otherwise operate the system in the most cost effective manner shall be the responsibility of the HOA. The HOA acknowledges that the water provided via the distribution system is non -potable. The HOA shall comply with any health risk notification requirements and shall regularly notify existing members of the Waters Edge community and new residents moving into the community that the water is non -potable using newsletters, fliers, signage, markings, or other means to ensure residents of the area serviced by the Distribution System are made aware of the nature and risks of improper use of water from this system. In the event additional treatment requirements are directed by another regulatory authority or based on new findings, the following shall apply: If either party learns of new treatment requirements, it shall notify the other party of the new requirements and both parties will review possible responses to address the requirements. The agreement and annual HOA fee will be subject to amendment in the event additional costs result. 9. 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 e n d e a v o r t o 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. 10. 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. 11. 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 requirements or 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. The HOA on behalf of itself and its members, waives the requirements of Minn. Stat. 429. This shall not be the exclusive cost -recapture mechanism or remedy for the City. 12. 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 Page 4