AGREEMENT - - Z 2 -•• 2 '" = =
THIS AGREEMENT made and entered into, in triplicate, this 15th day of September , 1964, by and between MONTEZUMA PLYWOOD COMPANY, a corporation, for purposes of brevity hereinafter referred to as PLYWOOD, first party, the CITY OF CORTEZ, COLORADO, a municipal corporation, for purposes of brevity herein referred to as CITY, second party, and MONTEZUMA VALLEY IRRIGATION COMPANY, a Colorado
corporation, for purposes of brevity, herein referred to as IRRIGATION COMPANY, third party,
WITNESSETH:
WHEREAS Plywood is about to erect upon certain lands in Montezuma County, Colorado, a plywood plant at a site some seven miles north of the City of Cortez, Colorado, and some five miles south of the Town of Dolores, Colorado, for the purpose of manufacturing plywood material, and
WHEREAS, Plywood would require a limited supply of water, in connection with said plywood mill for use in the treatment of the plywood product and desires to obtain water service from both City and Irrigation Company, said water to be delivered in the amounts, at the time and under the conditions and limitation herein expressed,
NOW, THEREFORE, IT IS AGREED between the parties hereto, one with the other, as follows:
I. Plywood agrees to purchase an adequate amount of capital stock from the Irrigation Company, not to exceed eighty
(30) shares, which stock will be subject to regulations and restrictions. 2. Plywood agrees to install, at its own expense, a pipeline extending from a point on its premises in Montezuma County, Colorado, to the inlet facilities of the City, above City's
present water reservoir in said county, and to procure, at its expense, all necessary rights of way and easements for the installation and
burying of said pipe. Delivery to the Plywood shall be made during the irrigation season of each year, being approximately April 15th to October 1Cith, and such delivery shall be from the East Lateral, traversing and crossing lands owned by Plywood from a headgate located on said East Lateral, which headgate shall be installed and repaired at the expense of Plywood; provided, that the water so delivered shall be subject to all of the restrictions as applied to
other shares of stock of said Irrigation Company and provided further that if it should become impossible for the Irrigation Company to furnish water from its East Lateral, then Plywood agrees to obtain
its waters from the City through the pipeline hereinabove described The lywood--Gempartragrt-e—s- to—parallitftrktut-1-airs-erssment Eit
stock whea_the-saiale-cem es
-due-3. City agrees to furnish to Plywood for tile period beginning October 16 to April 15 of each year dur ng the term hereof water from its intake pipe to be delivered to the pipeline of Plywood, such water so delivered to be metered b a water meter to be installed upon said pipe by City, the cost of said meter and its installation to be at the expense of Plywood. Plywood agrees to pay the City on a
monthly basis, a sum equal to ten cents (iOO) for each one thousand gallons delivered by City through Plywood's pipe. The water so
furnished shall be raw water and not treated One-half of all revenues received Iv the City shall be paid directly, by the City, to the
Irrigation Company and this shall be in addition to any other revenues to be paid by the City of Cortez to the Montezuma Valley Irrigation Company
4 The dates hereinabove recited, I. e April 15th to October 15th and October 15th to April 15th are subject to flexibility and may change as the irrigation season of Irrigation Comaany begins and ends.
b. Parties hereto mutually understand and agree that City's agreement to provide water to Plywood shall be strictly conditioned upon the ability of the City to furnish such water and City's duty to furnish the same shall terminate if, at any time, it appears that the furnishing of such water endangers or affects City's ability to furnish its inhabitants with water.
The Irrigation Company hereby agrees to waive, as effects and for the benefit of the Plywood Company only, that certain requirement in the contract between the City and Irrigation Company, dated the day of ,19 to the effect
"all water delivered through the Montezuma Valley Irrigation Company system shall be used in the City of Cortez or adjacent thereto "
6. Plywood agrees that the use of water furnished, either by Irrigation Company or by City, shall not be for residential purposes, other than a caretaker, but shall be limited to domestic use within its plant and industrial use required in the production of Its finished product neither Irrigation Company or City shall be obligated to furnish water to residents upon sad premises.
7. In the event Irrigation Company, through some eventuality, should be unable during the period April 15th to October lbth to furnish an adeqaute supply of water to Plywood, City agrees to furnish such water during any such emergency period, but such metered rate shall be at the rate of 20 per one thousand gallons used during such period.
3. Plywood company agrees that upon the execution
of these presents, it will deliver to Irrigation Company and City the following documents:
a True copy of its Articles of Incorporation. b. An engineered piat showing the relations of
the East lateral to the premises of Plywood An engineered plat showing the location,
course, arid distance of Plywood's pipeline leading to the City intake pipe
A projected plan showing the method by which Plywood will transport water from its main reservoir to the reservoir lying
above the J.:;ast lateral
The parties to this agreement recognize that the present water use contract between Irrigation Company and City must be renogotiated between those parties, in the year 1969, and
the parties agree and understand that in the event the cost to City snould increase by reason of such renegotiations of its contract with Irrigation Company, the cost to be charged Plywood by City may be
esclated upward in the same percentage as the cost of water to City shall thereby become increased
This agreement shall exten,1 to and be mutually binding upon the successors of each of the undersigned, or their assigns
IN WITNESS WHEREOF, all parties have set their hands and seals, in triplicate, the day and year first above written.
MONTEZUMA PLYWOOD COMPANY
Attest: President secretary Attest: CITY OF CORTE Z City Clerk Mayor
MONTEZUiViA VALLEY IRRIGATION COMPANY Attest: President Secretary STATE OF COLORADO ) ) ss COUNTY OF IVIONTEZUMA )
The above and foregoing agreement was acknowledged before me by Dwight C. Wood, as President, and V. J. Moran, as Secretary of Montezuma t?lywood Company, this day of
1964.
Witness my hand notarial seal. My commission expires:
Notary Public
STATE OF COLORADO
) ss
COUNTY OF MONTEZUMA )
The above and foregoing agreement was acknowledge before me by L. T. ALLEN, Mayor, and LOUIDA HENRY, as Clerk
of the City of Cortez, this day of ,1964.
Witness my hand and notarial seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss COUNTY OF MONTEZU1v1A )
Thk: above and foregoing agreement was acknowledged
before me by N. E. Carpenter, as President, and
, as Secretary of Montezuma Valley Irrigation
Company, this day of )1964.
Witness my hand and notarial seal. My commission expires:
Notary Public
