2019.10.07 CC Packet - Laserfiche WebLink

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b. The Ponds fall to an elevation the does not allow the system to be operated. In either of these cases, the HOA shall be required to contact the City, in writing, and request the Distribution System be switched to irrigate with treated drinking water from the City's municipal water supply system during the period of inoperability. 6. Irrigation. Provided that it is in compliance with this Agreement, the HOA shall be exempt from any watering restrictions of the City relating to irrigation, provided that the HOA is re -using stormwater via the Distribution System for irrigation purposes during the period of any claimed violation. This exemption shall not apply if the HOA is using treated water from the City's municipal water supply system for irrigation purposes. 7. Maintenance. The HOA shall allow the City or its representative contractors 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. 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 replacement of any private irrigation systems feeding off the Distribution 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. 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. 8. HOA turn -on, notification, and treatment responsibilities. The HOA has sole responsibility to insure the system is turned on each year and to 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 Prairie Village community and new residents moving into the community that the water serving the Common Elements is non -potable. 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 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 Page 3