COUNCIL COMMUNICATION
TO: Honorable Mayor and Council
FROM: Kelly Garry, City Attorney
SUBJECT:Title
Action: Reclaimed Water User and Water Flow Easement Agreements for Delivery of Reclaimed Water to the Iron Wolf Golf Course with Iron Wolf Golf & Country Club, LLC and Eyota-Waya LLC (Kelly Garry)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To consider approving a Reclaimed Water User Agreement and Water Flow Easement Agreement to facilitate the delivery of reclaimed water to the Iron Wolf Golf Course.
BACKGROUND:
Lake Havasu City and Information Solutions, Inc., entered into a Reclaimed Water User Agreement dated January 13, 2015, to receive reclaimed water to be stored and used for the Refuge Golf Course located at 3275 Latrobe Drive, which inured to the benefit of the current operator/owner, Iron Wolf Golf & Country Club, LLC (Iron Wolf) and Eyota-Waya LLC (Eyota). The current Agreement expires at the end of this year and to continue the delivery of reclaimed water to this site for the benefit of the golf course and the City, a new Agreement is necessary.
Eyota owns the golf course property at 3275 Latrobe Drive and Iron Wolf operates the golf course. The proposed easement is to grant the flow of water through the effluent water line under the property to facilitate the delivery of the reclaimed water to Iron Wolf.
The term of the proposed Agreement is for ten (10) years and may be renewed for an additional term of five (5) years. Either party has the right to terminate the Agreement upon 90 days’ notice. The Water Flow Easement Agreement is perpetual.
COMMUNITY IMPACT:
Continuation of the delivery of reclaimed water allows operations at the Iron Wolf Golf Course to proceed as normal and will continue to provide additional attractions for residents, clients, businesses, visitors, and investors. It also ensures efficient disposal of reclaimed water.
FISCAL IMPACT:
Each Reclaimed Water User pays for reclaimed water monthly according to the rate and fee schedule established by the City Council, which may be amended from time to time.
ATTACHMENTS:
Reclaimed Water User Agreement
Water Flow Easement Agreement
SUGGESTED MOTION:Recommended Action
I move to approve the Reclaimed Water Agreement with Iron Wolf Golf & Country Club, LLC and Water Flow Easement Agreement with Eyota-Waya LLC.