In my haste to get the last blog out before “slaughtering Spring weeds” (More on that later, ie, Dead Tool Tree) I inadvertently wrote something that needs some clarification. I previously stated I had a problem with Dwight Mueller while he was on the LDPOA board signing “a 15 year water contract for Gregoris Pond to supply water to the Tom Porter/Deerwood Corporation golf course when our Governing Documents clearly provide a 5 year contract limitation clause.”
To be precise:
- The agreement was not a water contract in the sense of actually supplying the water, because after all that is the Community Services District’s business, but
rather, an agreement to “use and maintain” the Association’s recreation lake
for 15 years in furtherance of supplying Tom Porter’s golf course with water
from the district. (Water comes from Lake McClure to Gregoris Lake where it is stored before going down to the golf course.) True, a technical difference
but I realized it just a few minutes ago and wanted to clear it up.
- The other point is the Association’s Bylaws state under Article XIX, Section 6, Limitation of Powers, No contract shall be entered into which binds the Association for a period in excess of one (1) year without reasonable cancellation provisions included therein. True, 1 year is more restrictive than 5, but
still an error.
The agreement signed September 18th, 2005 by Mr. Mueller on behalf of the Association regarding terms states:
“The term of this Agreement shall be for 15 years from the date of execution of this Agreement, or until termination of irrigation of the Golf Course, whichever is longer, at the end of which period District shall have the right to renegotiate for an additional term of years.”
Perhaps no biggie but I try to be as accurate as possible and didn’t care for the wording the first time.
Have a bunch of stuff going on, will post again soon, until then-
My best to you and yours, Lew