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THE CITY OF .0. I CITY COUNCIL AGENDA REPORT 3 pL£ASANTON. February 16, 2010 Office of the City Attorney TITLE: APPROVE USE OF NON POTABLE WATER AND LICENSE AGREEMENT WITH ROGER AND JANE MANNING FOR LANDSCAPE MAINTENANCE FOR PROPERTY LOCATED AT 5295 CLUBHOUSE DRIVE, ADJACENT TO THE GOLF COURSE SUMMARY This is a proposed agreement between the City and the Mannings to formalize agreements reached during golf course construction. It allows them to: (a) use non potable golf course water to irrigate their landscaping for a limited time to offset their loss of their private well; (b) fence and landscape a portion of public property between their home and a cart path. Both matters have been in effect since course construction, and now the parties wish to formalize these understandings. RECOMMENDATION Staff recommends that the Council approve and direct the City Manager to execute the Use of Non Potable Water and License Agreement generally in the form attached. FINANCIAL STATEMENT The amount of non potable water used by the Mannings to irrigate their landscaping equitably offsets their loss of their water well. It is a de minimis amount when compared with the volume used at the golf course. Use of the non potable water is for a set duration and subject to limitation if excessive. The cost to install two meters to track usage is estimated at $1,000, and would be paid from the golf course enterprise fund as its relates to course construction. Use of the non potable water would be monitored by the golf course superintendent. The City also derives some benefit of not having to maintain a small portion of public property.