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Second Addendum to Settlement Agreement Regarding Water Usage 2000-0369012,..000 OJ6. Ol,_ Recording Requested By, and When Recorded Mail to: City Clerk City of Poway ~iO' B°Xc~8992074 JUL 13, 2000 B:09 AM SECOND ADDENDUM TO SETTLEMENT AGREEMENT REGARDING WATER USAGE This Addendum to Settlement Agreement (" Addendum") is made and entered into effective as of June 6, 2000, between Maderas Country Club, LLC, a California limited liability company ("Maderas"), and the City of Poway, a municipal ("City"), which agree as follows: 1. This Addendum is made with the following recitals of facts: 1.1 Maderas is th ~th ' property described in 0he "Golf Course Property") attached to the Settlement Agreement between the parties dated November 4, 1999 (the "Settlement Agreement"), to which an Addendum March 15, 2000. Maderas is developing and operating a golf course and country club (the . "Golf Course") on the property. Document Numbers 1999-0741650 and 2000-0160§88. 1.2 Maderas failed to submit by February 15, 2000, a hydrology st-ady as required by Section 4.2 of the Settlement Agreement. For that reason, Maderas did not submit for authorization from the City Council to use groundwater to irrigate the Golf Course Property after March 15, 2000, !c public hearing which was to be held on the hydrology study, and City Council did not authorize further use of groundwater pursuant thereto. Instead, on March 14, 2000, without a public hearing, Maderas requested and the City Council extended the submittal date for the hydrology study to April 30, 2000, and extended the groundwater use date set forth in Section 4.1 and 4.4 of the Settlement Agreement from March 15, 2000 to May 31, 2000. 1.3 Maderas submitted a hydrology study by the April 30, 2000, deadline. Analysis of that study by the City progress, but a public hearing cannot be held on the study prior to the May 31, 2000, deadline. Preliminary review of the study indicates that there is a causal relationship between use of groundwater by Maderas and the failure of existing wells of nearby properties in Sycamore Canyon. Maderas requests that the May 31, 2000 groun~ date established by the Addendum dated March 15, 2000, be extended to August 31, 2000, so that a public hearing may be set before that date and Maderas may use groundwater pursuant to Section 4.4 of the Settlement A [ that date. 1 o fl 2.1 At the request of Maderas, the City Council hereby extends the d J grotm~ Jance with Section 4.4 to August 31, 2000. Ifa public hearing is not held on the hydrology study on or before August 31, 2000, and further autln granted, M 1 twater use September 1, 2000. The conditions of this approval are as follows: A. Maderas shall comply with all terms and ~grouni forth in the Settlement Ai 1 Addendum which are not superceded hereby. Until August 31, 2000, Maderas shall use groundwater for the irrigation of the Golf Course Property in an amount not to exceed one-third of its total water usage for irrigation purposes. In no event, however, shall such use of groundwater be made to the extent that it adversely impacts resid ~ groundwater or the riparian area or oak trees in the vich-fity of the Golf Course Property. Maderas shall reimburse the remainder of costs incurred by the property owners in Lower Sycamore Canyon which have 1: 11: ~ursed as of this date in the ap[ ~ $16,672.00. "Costs" means the costs of deepening wells in November 4, 1999, or drilling new wells to replace those wells which the City determined necessary as the result of the use of groundwater by Maderas in 1999. Maderas shall terminate the use of ail groundwater within twelve (12) hours of written notice (the ." ) from the City Manager that the City Manager in his sole and absolute discretion, has determined that such use is adversely affecting the use of wells on nearby property. At least twenty-four (24) hours prior to issuing such notice, the City Manager shall notify Mad g or by telephone of his intent t shall allow Mad la the City Manager ~ ' ~ The City Manager may notice at any time that he determines, in his sole and absolute discretion, that groun~ j be resumed pursuant hereto. Such vacation shall not preclude [' anoth in accordance with the procedure and on the grounds set forth herein. The City Manager may delegate the authority granted herein to the Director of Development S ae City Engineer. E. Maderas shall participate with the Old Coach Hi A tl~ ~ d aey shall mutually agree. ~leting 2 of 3 by: MCLEX ., ~ 619 440 4907; 06/21/00 ?=04P~l;]~.t~_az_#615;Page 4/4 3. F All otb by ali terms and conditions of the Settlement Agreement shah remain in full force and effect. 'oway, Cahf'ornia. CITY OF POWAY By: H~G~M MIC AYOR MADE~)g~UNTRYBy: ~~CLUB' LLC RIC11ARD D. VANN Executive V' APPROVED: STEPH'E(.~J,,ECKI$, CITY ATTOR.NEY ATTORNEY FOR MADERAS 3of3 ALL-P County of :.~ ~- ACKNOWLEOGMENT on tu personally appeared before me, '. ~..-,,,.-., ~,,,.., ( [] proved to me on the basis of evidence to be the person(s) whose name(s) is/are to the within instrument and the same in authorized , ,h and that by signature(s) , ~, or the entity upon behalf of which the person(s) acted, OPTIONAL Title or Signer(s) Other Capacity(les) Individual Title(s): Partner -- ~ Limited ~ General Trustee Other: ALIFORNIA ALL-PURl, SE ACKNOWLEDGMENT and that by~ person~,) acted, OP~ONAL :1 acknowledged to me tha~she/they Descripti6n of Attached Document Title or' Signer(s) Other Capacity(les) Claimed by Signer(s) [] Individual [] Title(s): [] Partner-- [] Limited [] General ~ Trustee [] Other: [] Individual [] Corporate Officer Title(s): [] Partner-- ~-- Limited [] General [] Trustee [] Other: Signer .1: Signer Prod NO 5907