2019.10.07 CC Packet - Laserfiche WebLink

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that will be installed or operated in such a way so as to provide non -potable water as a replacement for potable water used for irrigation purposes serving certain Common Elements in and adjacent to the Prairie Village 2nd Addition development. Upon execution of this agreement the HOA may receive the benefits including the cost savings of using a non -potable water source, and shall be a party responsible for a share of the costs associated with constructing and operating this irrigation system. The City and the HOA wish to enter into this Agreement, governing the use of the water from the Ponds, and Distribution System. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Use of Stormwater. The City hereby permits the HOA to utilize reasonably available stormwater from the Distribution System to provide irrigation water to the Common Elements, all in accordance with the terms and conditions of this Agreement. 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. 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, climate and other users. This permission does not grant sole ownership or rights to the stormwater to the HOA. The Distribution System has the capacity to potentially accommodate future users, and future users may also be granted permission to utilize the stormwater from the Ponds. 2. Communication. City and HOA shall endeavor to notify each other of any construction, maintenance, or operational changes to the Distribution System or internal irrigation system prior to work taking place, including annual maintenance. Also a copy of an operation and maintenance manual shall be provided to the HOA by the City upon final completion of the Distribution System improvements. 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 to making changes. 3. Duration of Agreement. The term of this Agreement, a period of 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 finangial commitment to the installation and maintenance ofthe Distribution System for the purpose of stormwater reuse. The HOA, its successors, and assigns shall be required to purchase stormwater from the City at a rate of $750 per year (paid prior to December 31) increased annually by 3% every year. In the event that the HOA uses treated drinking water from the City's municipal water supply system, the HOA shall pay the fee (stated above) for stormwater use in addition to the cost of treated drinking water used from the City's municipal water supply system, billed at the City's applicable water rate during that time period. 5. Pumping Requirements. Notwithstanding anything herein to the contrary, the HOA shall be required to use the Distribution System to irrigate the Common Elements with stormwater. The HOA may only use treated drinking water from the City's municipal water supply system for Common Element irrigation purposes when the following conditions apply: a. There is a deficiency with the Distribution System that causes the irrigation system to become inoperable, and then only during the period of inoperability. Page 2