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Agmt 2006 American Golf Corp
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Agmt 2006 American Golf Corp
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Last modified
1/23/2007 4:02:34 PM
Creation date
1/23/2007 4:02:31 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/22/2006
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PERM
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Reso 2006-108
(Approved by)
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\City Clerk\City Council\Resolutions\2006
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<br />(2) Judicial or regulatory orders which limit the availability of the recycled <br />water (changes in water rights, treatment standards, use requirements, etc.); or <br />(3) Equipment failure, Facilities maintenance or repair, or maintenance or <br />repairs on Provider's wastewater treatment system, lasting more than 30 days such that <br />Provider's or User's ability to deliver or make use of the recycled water is materially impacted; <br />or <br />(4) Total rainfall during the dry months of June through September that <br />exceeds 2 inches, such that the need for artificial irrigation of the Golf Course is materially <br />reduced. <br /> <br />b. During all Qualifying Events, User shall be excused from taking delivery of the <br />Minimunl Quantity, and its financial responsibility as provided in Sections 4 and 8 shall be <br />reduced as a result of the Qualifying Event. The magnitude of any offset from the Minimunl <br />Quantity shall be the incremental reduction in use of recycled water that occurred: (i) as a result <br />of and in the quantity of higher quality water used for blending or flushing, (ii) as a result of <br />excessive rainfall by comparing actual irrigation versus the average irrigation for the June <br />through September period, based on User's historical irrigation records; or (iii) by the quantity of <br />replacement \vater used in lieu of recycled water during the period vvhen recycled water was <br />unavailable. <br /> <br />10. SITE SUPERVISOR. User agrees to designate a representative to be the "Site <br />Supervisor" for the recycled water use on the Facilities. The Site Supervisor shall represent the <br />User as a liaison with Provider and shall have the authority to carry out the appropriate use of <br />recycled water, and any required related activities. Such required activities include those <br />activities listed in Exhibit B, Applicant Responsibilities. Within 30 days of the Effective Date, <br />User will designate a Site Supervisor and Provider will arrange for all training needed for the <br />Site Supervisor. User shall notify Provider's Water Pollution Control Manager imlnediately of <br />any change in the Site Supervisor. <br /> <br />11. ACCESS. <br /> <br />a. Provider, or its agents, shall have reasonable access to the Property to verify <br />compliance with this Agreement and all applicable laws regarding the use of recycled water as <br />intended in this Agreement. Inspections shall occur at reasonable times during normal business <br />hours. To the extent practical, Provider shall give User 24 hours advance notice of any intended <br />inspection. <br /> <br />b. Provider shall have routine access to inspect, operate and maintain the Facilities <br />over which it has responsibility provided such access has no impact on use of the Golf Course. <br />Provider agrees to provide at least 72 hours advance notice of any inspection, operation or <br />maintenance events that may cause disruption of the use of any portion of the Golf Course. <br />Provider and User agree to make every reasonable effort to both accommodate Provider's access <br />needs and to reduce the impact on the use of the Golf Course to the maximum extent practical. <br />Provider shall have unqualified access during emergencies. <br /> <br />5 <br /> <br />Recycled Water Service Agreement <br /> <br />SB 404097 v201 09600008 <br />8/7 /06 <br />
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