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