Laserfiche WebLink
<br />Page 2 <br /> <br />) <br /> <br />1. Use of Stormwater. The City hereby permits the User to utilize stormwater from <br />the Distribution System to provide irrigation water to the Property subject to the terms and <br />conditions of this Agreement. <br />2. Duration of Agreement. The term of this Agreement is a period of twenty-five <br />(25) years from the date set forth above, subject to extensions and termination as set forth herein <br />3. Cost. The User recognizes the City’s financial commitment to the installation <br />and maintenance of the Distribution System for the purposes of stormwater reuse. The User, its <br />successors, and assigns shall be required to purchase stormwater from the City at an annual <br />amount of not greater than $5,368.00 per year (the “Annual Fee”) (or prorated portion thereof <br />for any portion of a year or such lesser amount as adjusted as provided herein) which Annual <br />Fee shall be subject to an annual increase of three percent (3%). Amounts due hereunder shall <br />be paid no later than December 31 of each year to [who is the payee]. <br />4. Use of Municipal Water System. In the event that the User uses treated drinking <br />water at the Property from the City’s municipal water supply system in addition to the stormwater <br />from the Distribution System, the User shall pay, in addition to the Annual Fee, the cost of treated <br />drinking water used from the City’s municipal water supply system, billed at the City’s then <br />current water rate during that time period. <br />5. Irrigation System Requirements. Notwithstanding anything herein to the <br />contrary, the User shall be required to use the stormwater from the Distribution System as the <br />primary water source for the Irrigation System. The User may use treated drinking water from <br />the City’s municipal water supply system for its Irrigation System in the event of any of the <br />following circumstances: <br />a. There is a system failure or deficiency with the Distribution System that causes <br />the Irrigation System to become inoperable or unable to operate sufficiently. <br />b. There is insufficient water available from the Distribution System due to abnormal <br />weather conditions or drought. <br />c. When directed by the City. <br />In the event of any of the foregoing circumstances, the User shall be required to contact <br />the City, in writing, and request the Distribution System be switched to irrigate with treated <br />drinking water from the City’s municipal water supply system during the period of inoperability <br />or direction from the City. Note that the City may deny the use of the Distribution System <br />municipal water for irrigation purposes at the City’s sole discretion, based on [environmental], <br />legal, supply issues or other factors. <br /> <br />6. Inapplicability of Watering Restrictions. Unless otherwise ordered by the City, <br />the User shall be exempt from any watering restrictions of the City relating to irrigation, provided <br />that the User is using the Distribution System for irrigation purposes during the period of any <br />watering restrictions and provided the User is otherwise in full compliance herewith. This <br />exemption shall not apply if the User is using treated water from the City’s municipal water supply <br />system for irrigation or if required by the duly authorized directives of the Minnesota Department <br />of Natural Resources or order of a court of competent jurisdiction.