Agmt 2006 American Golf Corp - Laserfiche WebLink

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5. CONSTRUCTION OF RECYCLED WATER FACILITIES. a. Provider shall design and install all facilities necessary to deliver recycled water to and on the Golf Course, including but not limited to those facilities to be located on and off the Golf Course as needed to connect appropriate portions of the Golf Course distribution system to Provider's main recycled water distribution facilities, and any additional improvements needed on the Golf Course ("Facilities"). The Facilities shall include: (i) pump(s), (ii) a disinfection facility building and storage tank, (iii) supply and distribution pipe lines, and (iv) any other miscellaneous pipelines, valves, meters, power connections and control systems necessary to make use of and measure the quantity of recycled water delivered to the Golf Course as intended in this Agreement. b. Prior to initiating the design, Provider and User shall meet and confer regarding the needed Facilities. The Provider and User shall employ their reasonable best efforts to cooperate and coordinate the design and construction of the Facilities so that: (i) use of recycled water on the Golf Course may be maximized, (ii) impact on the operation of the Golf Course is reasonably minimized, (iii) all local, state and federal laws and regulations regarding construction and use of recycled water are complied with; (iv) User has available alternative source(s) of irrigation water so that it can continue to irrigate the Golf Course when recycled water is not available, blending of the recycled water with higher quality water is necessary to avoid damage to the Golf Course, or flushing of accumulated salts from irrigated areas is necessary to preserve the quality of the Golf Course; and (v) User continues to have available source(s) of potable water to those areas of the Golf Course \vhere recycled water use is not permitted (i.e., drinking water at the club house, restrooms, etc.). c. The Facilities shall be designed and constructed with sufficient delivery capacity to meet User's peak water use demands. Such peak capacity requirement shall be a minimum of 1,500- gallons per minute. d. Power for the Facilities located on the Golf Course will be connected to and derived from the existing power source used for the existing groundwater wells on the Golf Course. e. User agrees to grant Provider access to the Golf Course as reasonably necessary to design and construct the Facilities. Prior to the commencement of construction and installation of the Facilities, the Parties shall execute a Construction Right of Entry License in substantially the same form as Exhibit C, attached hereto and incorporated herein by this reference. f. Provider shall implement the design, construction and installation of the Facilities at its sole cost. 3 Recycled Water Service Agreement SB 404097 v201 0960.0008 8/7/06