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GREELEY - EASTMAN KODAK COMPANY WATER AGREEMENT

THIS AGREEMENT, made and entered into this 5th day of November, 1968, by and between the CITY OF GREELEY, COLORADO, hereinafter referred to as CITY, and EASTMAN KODAK COMPANY, a New Jersey Corporation, hereinafter referred to as KODAK, WITNESSETH:

WHEREAS, KODAK intends to construct a plant near the City of Greeley, Colorado, in Weld County, and

WHEREAS, it is projected that the said plant will need water for various uses, including domestic and industrial, as

follows: Average gallons per day . Summer peak average and, 1972 1,200,000 1,500,000 1975 1978 1980 3,000,000 4,700,000 6,100,000 3,800,000 6,000,000 8,000,000

WHEREAS, KODAK has requested the CITY to supply water from the Greeley water system, and

WHEREAS, the term "water" in this Agreement shall refer to water that has entered the Greeley intake system, its treat-ment facilities and pipe lines, and the term "raw water" sha 11

refer to water that has not entered the Greeley intake system, its treatment facilities and pipelines;

NOW, THEREFORE, in consideration of these premises the parties hereto agree as follows:

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1. That the CITY will rent KODAK water from the Greeley wa ter system to be used only in the area described on Exhibit '~''

at tached hereto and made a part hereof for a term of ten (10) years beginning on the 1st day of January, 1970, and ending on the 31st day of December, 1979. KODAK shall have the right to receive water from the Greeley system upon request prior to the commencement of such term through a connection not to exceed four

inches in diameter.

2. That KODAK shall not allow the use of said water by any other person, firms or corporations, except wholly owned subsidiaries of KODAK, without the written consent of the CITY.

3. That the water shall be metered at the point where the water ent ers the KODAK system and KODAK shall pay for said water the standard rate applicable from time to time to any other user of water located outside the city limits of Greeley for the class of water service furnished. Such rate shall be based upon engineering data and shall be determined in accordance with the Charter and Ordinances of the CITY. An additional study for the determination of rates will be made no later than 1970 by an independent engineering firm agreeable to the parties and the parties will participate in the formulation of such study.

4. That KODAK shall provide terminal water storage reservoirs that will equalize the draw on the CITY transmission lines and provide KODAK with 24 hours of use. Said reservoirs

s hall be filled at times approved by the Administration of the CITY. 5. That KODAK will build and bear the cost of water

transmission lines from its plant to the CITY'S transmission lines, which may include both the Poudre and Loveland lines, and the

point of connection or connections shall be determined by the CITY,

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and KODAK shall pay all costs and charges for taps and water meters necessary in accordance with the Ordinances, rules and r egul ations of the CITY.

6. That KODAK shall not permit any cross-connection or use of water from another municipal water source on the premises described in Exhibit "A", except KODAK may obtain raw water from any source so long as such water does not enter the CITY'S dis-tribution system.

7. That KODAK shall diligently make effort to acquire rights to raw water that can be delivered to the CITY'S intake system sufficient to yield the amount of water required by KODAK.

8. That to the extent that KODAK is unable to acquire rights to raw water pursuant to paragraph 7 above and the CITY has rights to raw water not needed by the CITY for uses within the city limits of Greeley and to meet contractual obligations for water existing at the time of this Agreement and renewals thereof, the CITY shall use such rights to raw water as required to meet the water requirements of KODAK and KODAK shall pay the rental fee on such raw water at the same rate the CITY rents such raw water to other users of the same class.

9. That as required by KODAK and subject to paragraphs 7 and 8 above, the CITY will deliver water to KODAK in accordance with the following schedule:

1972 1975 1978 1980 Average gallons

per day 1,200,000 3,000,000 4,700,000 6,100,000 Summer peak

aver age 1,500,000 3,800,000 6,000,000 8,000,000 10. That based upon present engineering reports of both parties and the requirements of this Agreement, the CITY has the

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pote nt ial ability to meet the water demands of KODAK. In the future the CITY and KODAK shall regularly exchange engineering da t a as t o the water requirements of KODAK and the ability of the CITY to deliver the water required.

11. That this Agreement shall be renewed automatically for additional f ive (5) year terms unless either party gives two years written termination notice to the other party at any time before the expiration of the primary or any subsequent five (5) year term. In the event that such notice i~ given, this Agreement

will terminate two years from the date of such notice. If addi-tional treatment or transmission facilities must be constructed by the CITY for the purpose of supplying KODAK'S requirements under this Agreement, and the cost of such facilities has not

been recovered by the CITY at the time of termination from payments made by KODAK to the CITY as provided by paragraph 3 above, KODAK agrees to reimburse the CITY for so much of such cost as has not been recovered at the . time of termination, unless such facilities can be used by the CITY for its needs at that time.

12. That in the event of the termination of this Agree-ment, KODAK shall retain the rights to all raw water delivered to the CITY pursuant to paragraph 7 of this Agreement. KODAK shall not acquire any vested or adverse right or future right, in law or equity, in the rights to raw water or water of the CITY and the use, rental or lease of water shall not be deemed to initiate, create or vest any rights save those herein expressly stated an<l enumera t ed .

13. That whenever this Agreement is terminated the KODAK conne ction to the CITY water system shall be disconnected, and the CITY pipes left in as good a condition as before the connection, ordinary wear and tear excepted.

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14. That KODAK shall not assign this Agreement or any r ights her eunder, except to a wholly owned subsidiary of KODAK, wi t hout the written approval of the CITY.

15. That so long as this Agreement is in effect and notice to terminate has not been given by either party, if the premises described in Exhibit "A" shall be embraced or included within the boundaries of a tract or plat which is sought to be annexed to the CITY, either by individual petitions or by the CITY itself, then and in that event KODAK specifically agrees that it will consent to join in the annexation of such territory by the

CITY, subject only to compliance by any such petitioners with all the legal requirements pertaining to annexation of territory to a municipality.

16. This Agreement cancels and supersedes all prior agreements between the parties and between the CITY and KODAK's predecessors in title to the premises described in Exhibit "A".

17.

That the CITY shall not be liable in damages or otherwise for failure to deliver water pursuant to this Agreement which is a result of acts of God, impossibility or breakdown of any part of the CITY'S water system.

ATTEST: THE CITY OF GREELEY, COLORADO

City Clerk Mayor

ATTEST: EASTMAN KODAK COMPANY

Secretary President

API--ROVED:

City Manager City Attorney

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GREELEY - EASTMAN KODAK COMPANY

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::o Sewage Disposa l 0 Plant _ 4760 28 WATER AGREEMENT Exhibit "A'!

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GREELEY - EASTMAN KODAK COMPANY

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WATER AGREEMENT

THIS AGREEMENT, made and entered into this 5th day of November, 1968, by and between the CITY OF GREELEY, COLORADO, hereinafter referred to as CITY, and EASTMAN KODAK COMPANY, a New Jersey Corporation, hereinafter referred to as KODAK, WITNESSETH:

WHEREAS, KODAK intends to construct a plant near the City of Greeley, Colorado, in Weld County, and

WHEREAS, it is projected that the said plant will need water for various uses, including domestic and industrial, as · follows: Average gallons per day Summer peak average and, 1972 1,200,000 1,500,000 1975 1978 1980 3,000,000 4,700,000 6,100,000 3,800,000 6,000,000 8,000,000

WHEREAS, KODAK has requested the CITY to supply water from the Greeley water system, and

WHEREAS, the term "water" in this Agreement shall refer to water that has entered the Greeley intake system, its treat-ment facilities and pipelines, and the term "raw water" shall refer to water that has not entered the G~eeley intake system,

~ts treatment facilities and pipelines;

NOW, THEREFORE, in consideration of these premises the parties hereto agree as follows:

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1. That the CITY will rent KODAK water from the Greeley water system to be used only in the area described on Exhibit '~''

attached hereto and made a part hereof for a term of ten (10) years beginning on the 1st day of January, 1970, and ending on the 31st day of December, 1979. KODAK shall have the right to receive water from the Greeley system upon request prior to the commencement of such term through a connection not to exceed four

inches in diameter.

2. That KODAK shall not allow the use of said water by any other person, firms or corporations, except wholly owned subsidiaries of KODAK, without the written consent of the CITY.

3. That the water . shall be metered at the point where the water enters the KODAK system and KODAK shall pay for said water the standard rate applicable from time to time to any other user of water located outside the city limits of Greeley for the class of water service furnished. Such rate shall be based upon engineering data and shall be determined in accordance with the Charter and Ordinances of the CITY. An additional study for .the determination of rates will be made no later than 1970 by an independent engineering firm agreeable to the parties and the parties will participate in the formulation of such study.

4. That KODAK shall provide terminal water storage reservoirs that will equalize the draw on the CITY transmission lines and provide KODAK with 24 hours of use. Said reservoirs

shall be filled at times approved by the Administration of the CITY. 5. · That KODAK will build and bear the cost of water

transmission lines from its plant to the CITY'S transmission lines, whichmay include both the Poudre and Loveland lines, and the

point of connection or connections shall be determined by the CITY,

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and KODAK shall pay all costs and charges for taps and water meters necessary in accordance with the Ordinances, rules and regulations of the CITY.

6. That KODAK shall not pernfit any cross-connection or use of water from another municipal water source on the premises described in Exhibit "A", except KODAK may obtain raw water from any source so long as such water does not enter the CITY'S dis-tribution system.

7. That KODAK shall diligently make effort to acquire rights to raw water that can be delivered to the CITY'S intake system sufficient to yield the amount of water required by KODAK.

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8. That to the extent that KODAK is unable to acquire rights to raw water pursuant to paragraph 7 above and the CITY

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has rights to raw water not needed by the CITY for uses within the city limits of Greeley and to meet contractual obligations for water existing at the time of this Agreement and renewals thereof, the CITY shall use such rights to raw water as required to meet the water requirements of KODAK and KODAK shall pay the rental fee on such raw water at the same rate the CITY rents such raw water to other users of the same class.

9. That as required by KODAK and subject to paragraphs 7 and 8 above, the CITY will deliver water to KODAK in accordance with the following schedule:

1972 1975 1978 1980 Average gallons

per day 1,200,000 3,000,000 4,700,000 6,100,000 Summer peak

average 1,500,000 3,800,000 6,000,000 8,000,000 10. That based upon present engineering reports of both part i es and the requirements of this Agreement, the CITY has the

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--potential ability to meet the water demands of KODAK. In the future the CITY and KODAK shall regularly exchange engineering data DS to the water requirements of KODAK and the ability of the CITY to· deliver the water required.

11. That this Agreement shall be renewed automatically for additional five (5) year terms unless either party gives two years written termination notice to the other party at any time before the expiration of the primary or any subsequent five (5) year term. In the event that such notice is given, this Agreement will terminate two years from the date of such notice. If

addi-tional treatment or transmission facilities must be constructed by the CITY for the purpose pf supplying KODAK'S requirements

under this Agreement, and the cost of such facilities has not

been recovered by the CITY at the time . of termination from payments made by KODAK to the CITY as provided by paragraph 3 above, KODAK agrees to reimburse the CITY for so much of such cost as has not been recovered at the . time of termination, unless such facilities can be used by the CITY for its needs at that time.

12. That in the event of the termination of this Agree-ment, KODAK shall retain the rights to all raw water delivered to the CITY pursuant to paragraph 7 of this Agreement. KODAK shall not acquire any vested or adverse right or future right, in law or equity, in the rights to raw water or water of the CITY and the use, rental or lease of water shall not be deemed to initiate, create or vest any rights save those herein expressly stated and enumerated.

13. That whenever this Agreement is terminated the KODAK connection to the CITY water system shall be disconnected, and the CITY pipes left in as good a condition as before the connection, hrdinary wear and tear excepted.

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--14. That KODAK shall not assign this Agreement or any rights hereunder, except to a wholly mvned subsidiary of KODAK, without the written approval of the qrTY.

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15. That so long as this Agreement is in effect and notice to terminate has not been given by either party, if the premises described in Exhibit "A" shall be embraced or included within the boundaries of a tract or plat which is sought to be annexed to the CITY, either by individual petitions or by the CITY itself, then and in that event KODAK specifically agrees that it will consent to join in the annexation of such territory by the CITY, subject only to compliance by any such petitioners with all the legal requirements perta.ining to annexation of territory to a

municipality.

16. This Agreement cancels and super~edes all prior

agreements between the parties and between the CITY and _KODAK's predecessors in title to the premises described in Exhibit "A".

17.

That the CITY shall not be liable in damages or otherwise for failure to deliver water pursuant to this Agreement which is a result of acts of God, impossibility or breakdown of any part of the CITY'S water system.

ATTEST: THE CITY OF GREELEY, COLORADO

City Clerk Mayor

ATTEST: EASTMAN KODAK COMPANY

Secretary President

A P~ROVED:

City 't-lc:inager City Attorney

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WATER AGREEMENT Exhibit "A'!

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---SUBJECT: MEETING OF C ITV OF GREELEY AND EASTMAN KODAK TO DISCUSS WATER SUPPLY

A meeting was held July 1 at the City Hal l in Greeley between representa-ttves of th~ City of Greeley and Eastman Kodak representatives to discuss the

possi-bility of ·Kodak receiving water from the Creeley Municipa l System. In attendance the fol lowing:

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Bob Sheridan and Howard Smith of Eastman Kodak

John Haley and Will ~uirk of Nelson , Haley, Patterson

. for the City of Greeley

William Farr, Chairman of the Greeley Water Board the Colorado-Big Thompson Project

Olin Shaffer, Superintendent of Water and Sewer Cal Snyder, in charge Of planning and coordination

Hr . Sheridan opened the meeting with a brief. review of the projected Eastman Kodak development to be locatea near Windsor. He stated that Kodak intends to start construction In 1969 and wduld be in operation early in 1972, with a

finish-ing operation which will involve the storage, cuttfinish-ing, packagfinish-ing, warehousfinish-ing, and shipping of sensiti~ed film material . This finishing plant · is to be bl.lilt for

the first stage which is essentially a dry operation wltn a minimal wate~

require-ment . Hr . Sheridan state~ that the actual making of the' film takes a considerably

greater amount of water of a very high qua) ity and that this will be the s·econd phase of the development to begin in 1975 or later . At this stage Kodak would plan on their own internal water treatment system, but it appears from the dis-cussion that the quality of the City of Greeley water is quite high with only a minimum amount of treatment needed . In the first stage Kodak would use normal municipal water · for their domestic cooling requirements. Mr. Sher.idan said that because of the necessary secrecy of the operation up to tnis time, their people

in Rochester had not done any work on water requirements and that he hoped that in the next three weeks to develop more detaile~ s~ hedules of water demand,

f luctuations and needs , etc .

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Hr. . Haley then gave a brief description of the Greeley

illustrated by a map, a copy of which was obtained . The City obtains water from a treatment plant located on the Poudre River near the mouth of the canyon which is conveyed t~ the city system through a transmission line which is a series of

various sized pipes that have ·been brought up to date from time to time . A new system Is currently under construction, consisting of a water treatment plant

located near Boyd lake and a transmission line running east to the City of Greeley . This system has been designed to serve the rural users with which the city has contracts . Hr . Ha l ey pointed out that with the advent several years ago of rural water supply districts the City recognized the need to gain control over its surrounding te rritory so that expansion of the City in the future would not be hindered by the rural water districts . The City of Greeley has contracted with the farmers of the area to provide domestic water service to them under an arrange-ment in which they provide the City with water rights. One facet of this agree-ment is the contract the City has with the farmers which requires them to give the City qf Greeley the right of first refusal before they can sell C-BT units to others.

Greeley and E-K to Discuss Water Supply 7/2/68

The City of Greeley obtains its raw water from some 12.5 cfs of direct rights which were stated to be very early rights, 16.000 units of the Colorado-B'ig Thompson Project, high roountain storage and ownership in various ditch companies. The works now under construction are scheduled for completion by June 1, 1969, and then will provide the City with two independent supply systems.

It was apparent from the dlscusslons that the City of Greeley feels it is ready, willin9, and able to provide Eastman Kodak with its present and future · water requirements. Mr. Farr, Chairman of the ~later Board, seems extremely

helpful ahd cooperative and expressed an interest and willingness to work out whatever arrangements, with regard to water rights and physical facilities, will be necessary to provide the required supply. There is one aspect of the situation that requires further investigation, however, and this is the contract between the City of Greeley and the City of Windsor which was recently nenegotiated and executed for a 20 year term under which the City of Greeley provides water to Windsor and grants \fi ndsor a ranchlsed ·"area . It was agreed by Mr . Sheridan ctnd Kr. Smith that the terms of this contract should be more fully examined before proceeding.with detailed studies· of the Greeley system .

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GREELEY - EASTMAN KODAK COMPANY WATER AGREEt1:ENT

THIS AGREEMErn, made and entered into this _day of _ , 1968, by and bet\'leen the CITY OF GREELEY, COLORADO, hereinafter referred to as CITY, and EASTMAN KODAK C01·~ Pf\~lY, a

~~--~~~~--~~ Corporation,

here-i naft er referred to as EASTMAN , \·!ITf :ES~ETH :

~4 HEREAS, EASTMAN intends to construct a plant near the City of Greeley,

Colorado, in Held County, and

WHEfffAS, the said plant will need \'later for various uses including domestic and i ndustrial, and

WHERE.!\S, EASH1A'.'i has reques ted t he CITY to supply ~·:ater from the Greeley

via t er system .

NOVI, THEREFORE, in considerution cf these premises the parties hereto agree as foll ows :

l. That the CITY will rent EAST l~N water from the Greel ey water system to be usc;c1 only in t he area desc r i bed on Exhibit 11_.C.11 attached hereto and

made a part h ~~ r e of for a t er m of t en ( 10 ) y2ars besi nni ng 011 t he: ___ day

of , l % , and ending on the da1 • of

- -- - - -- - - J

-' 19

2. Th at E/l.STMP,i! sha ll not c:\l1 m1 the use of sai d Hate r

oy

any oth2 r per sons , firms or corporations \d thout t he written consent of t he CITY .

3. That the 1>1ater shall b2 1 ;~.::te re d at the point v:here the water enters the EJ>.STrlAi~ syst::rn and E/i.SH:/\N sha ll pay for said water the standard rate

applic((b le from ti.ne to ti n;8 to any ot her user of VJuter located outside the CITY li mits of Greel ey for the c1 .J.ss of ~vater service furnished ~..;h ich is

based upon engineering data, and in accordance with the Charter and Ordinances of the CITY.

4. That EASTMNl sh~ 11 pro vi de t12rmi na 1 \·iater stora ge res ervci rs that

will equa li ze the draw on the CITY trar; smission lines and provi c'.2 rnSTi1!Nl

with 48 hours of use . Sa~ d reservoi rs shall be fill ed at ti ~2 s approved

by t he Aclr,Jiri istration of t he CITY.

5. Tl1at EAST:-1.!\ il will buil d a.id :i(•ar tl1e cost of v1ater transnrission lines from its pl ant to t he CITY ' S t rdn si,Jission li n2s a.nd the point of connection or conn2ction3 shall l: e de t 2rmined by th ~ CITY and E!Sr:-1..1-'\i'l

e

e

shall pay all costs and charges for t aps and water ri:eters necess ary in accordance with the Ordinances, rules and r egul ations of t he CITY.

6. That EJ\STi'-iAN shall not permit any cross -connecti on or use of

\'later from another \Jater source on tile premises descri bed in Exhibit "A",

I

said premises provided the well water does not enter the CITY 's distribution system .

except EASTMJ\N may use 1>1e11 \·;ater from i·1ells on

7. That Eastn1an shall acquire and transfer to t he CITY water rights that can be delivered to the CITY's i nt~ke system suffici ent to yield the amount of \·ia ter re qui red by EAS T l·~~iL

8. That if EASTiiNl is unabl e to acqu ire sufficient \'Jater ri ghts pur-suant to para graph 7. above and t :1i::' CITY has water not needed by the CITY,

E AST W\i~ shall pay t he rental fee; on sai d additional ~iater at the same rate

t he CITY rents sai d v1ater to ot!1i~ r users , of t he same cl ass .

9. T1'1at the CITY shall diii ~!t:: ntly r;1ake effort to deliver all t he water

EASTMJ\H requires su:;j ec t to the uva il ab ility of \·1ater ri 0hts as provided in paragraphs 7 and 8 above and subj ect to the fil tration and transmiss ion }acilities of the CITY and the ot:ic r \;c:t2r obli gations and cor1mitrnents of

the CITY.

10. That based upon present eng in22ring reports of both parties and t he r equ ire1i:2nts of this 1~ gree me nt, t ile CITY has the ability to rr1eet the \·Jater der::ands of EJ\ST;·iAll , but ti1 2 CITY and EASTMMi s hall exchange

engineer-ing data as to tl1 c \'ia ter requircF~2 nts of EASTMAM and t he ability of the CITY to J,=liver tile \·;ater required ani ii1 the event it is determined the CITY

cannot r.ieet the \'la t ~r de;;1ands of [;\STi·J.\ii projected at any til:1e f ive (5)

years i n the future , for any reason , Uiis Agree1i1ent shall becon~e open to re-negoti ation or cancE:llation t·y eit >~r party upon giving twel ve (1 2)

months ~Jritt2n advance notice to t ilt? ot:12r party.

ll. Th at in the even t of canc:::ll atfon

of

t l1is Agreement , ti1e CITY shall transfer to E/\STh!-\f·l all \"ater ri gi·its C:J\STtl!\11 transferred to tiie CITY pursuant to tl1 i s Ag r e,Jment .

12. That it is t he intention of t ne City, witilin its authority and capacity, to conti nue its policy of cevcloping its Hater resources and '.'later system to su pply EASHV\N and all ~-iate r use rs under the Greeley water system .

-2-\

..

e

e

13. That the CITY by necessity and in accordance with its Charter reserves the righ t to li mit \'later delivery outside the City of Greeley in order to provide adequa t ely fo r users inside tile City li mits of Greeley, which li mitation shall be determined solely by the CITY in the exercise of

reasonable discretion from ti me to ti me according to usual practices that the situation may require.

14. That this A£reement shall be renewed automatically for additional fiv2 {5) year t er ms unless the {\gree1;1cnt is changed or cancelled pursuant to

paragra ph 10. above or either party gives two years \'iritten notice to t he other party before the expirati on of t ile primary or any subsequent five (5)

year tern: .

15. That

U,STMJ\i·•

sha 11 not acquire any vested or adverse right or future right, in la\1 or equity, in the v1a ter rights of the CITY and the use, r ental or lease of \\'ater shall not be Jeer;-;ed t o initiate, create or vest any rights save those herein expressly st2teJ and enumerated.

10. That whenever -this Agr~e;~;ent is termina ted the Et1STi:t,~ri connection to t he CITY w&ter system shilll be disconnected, and t he CITY pipes left in as good a condition as before the connecti on ordinary v-1ear and tear excepted.

17. That EASTMAN sha11 not assi gn th is agreement or any ris;hts hereundar \•Ji t h out t he \'ffi t tt:n approva 1 of t he

c n ·:.

18. That EAST f.lf\!~ also agrees to all provisions not inconsistent \Jith t!'tis

j

Agrce1;1ent set forth in the standard form 110utside of City _~·:ater ;\greer:ient , 11 a

f

copy o·( which is attached l1ereto and r.iad~ a part hereof and marked Exhibit 11811•

19. That tile CITY shall not be liable in damages or othenvise for failure to de 1 i ver 11/ater pursuant to this 1~g i·2en:e nt v1hi ch is a result of acts of God,

i mposs i bility or breakdOl·m of any part o-f the CITY's v1ater syste1-;i. ATTEST: The CITY OF GREELEY, COLOPJ\00

----Cit,itlerk By

~layor

ATTEST:

THE El\STMAN KODAK

COMPANY

~~-~-Secrefary--~--~-- By _Prt:s~i Jent

APPROVED:

cny

l:lanager City Attorney -3-( -...,)

.

.

---

---·---

---- ---·---- ~

OUTSIDE OF CITY WATER AGREEMENT

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO

I, t1te undersigned owner the of the following described property adjacent or close to but not within the corporate limits of the City of Grwley, to-wit: (Here insert description of property)

do hereby respectfully petition the City of Greeley for permission to tap the Greeley water works distribution main at: (Here insert place and size of tap requested)

for the purpose of supplying water to said premises. It is expressly understoo'd and agreed by the undersigned that, if granted, said tap shall be in consideration of and upon the following terms and conditions, to-wit:

1. That applicant shall pay all costs or charges incident to making said tap, as may be determined by the City of Greeley, and that said taps shall be made under the supervision of the superintendent of the water department, or such other official as the City may designate.

2. That applicant will pay f.or and install a water meter of such size and at such place as may be required by the City. 3. That if the premises to be serviced by said taps shall ever be embraced or included within the boundaries of a tract or plat which is sought to be annexed to the City of Greeley, either by individual petitions or by the City itself, then and in that event the· applicants specifically agree that they will consent to join in the annexation of such territory by the City of Greeley, subject only to the compliance by any such petitioners with all of the legal requirements pertaining to the annexation of territory to a municipality. Furthermore, that applicant does hereby empower and irrevocably authorize and appoint the City Clerk of the City of Greeley, Colorado, his lawful attorney in fact, fo'r him and in his place and stead to sign any such annexation petition as may be presented to and approved by the City Council, or as may be initiated by the City Council itself, embracing the above described land within territory to be annexed to the City of Greeley, Colorado, and applicant does hereby grant said City Clerk full power and authority to sign his name to such petition, thereby binding said petitioner to all of the terms and provisions of said petition as fully as he might do himself and for all intents and purposes as if he himself had signed said petition, it being thoroughly understood by the applicant that the primary consideration for the granting of the petition ls applicant's covenant and promise that he will consent to the annexation of said territory to the City of Greeley, Colorado. Applicant further covenants and agrees for himself, his successors and assigns that, if he fails to sign any such annexation petition when requested by the City, or fails to abide by each and every covenant herein contained, then and in that event this permit or right to use water may be terminated by the City of Greeley, Colorado, upon the giving c'f thirty days' notice in writing of his intention so to do. Further, the requirements herein stated shall be considered as covenants running with the land.

4. That the applicant agrees that no building or other improvement shall be constructed which shall interfere with the future widening or extending o:f streets as proposed or may hereafter be proposed in the Street and Highway Plan on file in the County Clerk's Office, County of Weld, State of Colorado.

5. That the applicant agrees that where the major streets are not immediately necessary the applicant does hereby agree to dedicate, authorize to be opened and improved the street or streets as required-by the Greeley Planning Commission. (Piat attached).

6. That the applicant agrees that grant of the streets for future use at the request of the Greeley Planning Commission as herein recited shall run with the land and does hereby authorize this Agreement to be placed of record in the Clerk and Recorder's Office, Weld County, State of Colorado.

7. That the applicant agrees that no building or other improvement or plan of subdivision shall be constructed or planned which interferes with the necessary drainage required by the Greeley Planning Commission.

8. That the applicant agrees to comply with all ordinances and other regulations adopted by City Council and Greeley planning Commission concerning subdivision, zoning, building construction, fire, safety, health, traffic and other applicable matters.

9. That the applicant agrees to obtain and pay for the necessary building and other permits and to be governed by the required inspections in same manner as if the area were within the City limits.

10. That the applicant agrees that if the area herein described shall become a part of another Town or City, the City of Greeley shall have the right to terminate the water service to said area and individual or individuals.

11. That the applicant agrees to pay all costs for water extensions as may be required by the Director of Water unless specifically exempt from certain costs by utility policies approved by the City Council.

12. That the applicant agrees to pay the regular rates now established or that may in the future be established for the class of water service furnished.

13. That applicant agrees to abide by all of the rules, regulations and ordinances of the City of Greeley, Colorado, and the laws of the State of Colorado pertaining to the use of said water as fully as if said premises were located within the corporate limits of the City of Greeley, Colorado.

14. That applicant agrees to furnish three acre feet of water per acre of land or fraction thereof. The water to be furn-ished may be project water, Greeley-Loveland Irrigation Co. water, Lake Loveland water, Seven Lakes Reservoir water and/or

\

direct flow river rights; or by the payment of the cash equivalent or three acre feet of project water or its equivalent per acre or fraction thereof, based upon the fair market value of. said water as approved by resolution of the City Council at the time this Contract is signed.

15. That all of the terms and conditions hereof shall extend to and be binding upon the heirs, assigns and successors in interest of the parties hereto.

16. Whenever the word he, his or him ii; used herein such word shall also mean and include the words, she, they, hers, theirs or them, and the singular shall likewise mean and include the plural.

IN WITNESS WHEREOF, the applicant has hereunto set his hand and seal this ____________ - ·--- --- day of , 19 --·

STATE OF COLORADO )

) BS.

COUNTY OF WELD )

This day appeared before me

and , known to me to be the above named petitioner and acknowledged the execution of the foregoing petition and power of attorney as their free and voluntary act and deed for the uses and purposes therein stated.

Witness my hand and notarial seal. My Commission expires:

Notary Public IMPORTANT: Where property is owned by more than one person, petition must be signed by all owners exactly as their names appear on deed acquiring title.

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LAW OFFICES

CLY!:>E C . DAWS ON GARTH C . GRISSOM OAWSON,NAGEL,SHERMAN & HOWARD

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SAMUEL S. SHERMAN, .JR . WJl_LIA~i P. F"ARTHING _COUNSE~

WINSTON S . H O WARO WILL.IAM P . CANTWELL

MICHAEL REI O Y M I CHAEL 0. GROSHEK 1900 FIRST NATI O NA L BAN K BUILDING ROBEqT M • .JOHNSON WIL.LIAM F'. SCHOEBERLEIN

.ARTHUR ~ . UNOERW0001 JR, FRANCIS P. KING DENVER, COLORADO 80202 .JAMES H . F'ERSHtNG (1863 · 1948 ) ROBERT G . BO SWOR TH (1 SBS -1 95 4) LEWIS A . DICK (1889 -195 4 ) HOVER T. LENTZ MICHAEL A . WILL.IAMS

.JOHN W. LOW ARTHUR J. SEIFERT

WILLIAM F'. VOELKER .JAMES B . DALEY 266-3401 AREA CODE 303 THOMAS a . f'"AXON LARRY M . BAKER

HUGH A . SURNS CHARLES EDWARD PALMER RAYMONO .J. TURNER

BRUCE L ~VANS

.JAMES E. HAUTZINGER

DON M. SHERWOOO GEORGE A. SISSEL September 10,. 1968

CHARLES R , F'REOERIC KSON SCOTT W . .JOHNSON W . DAVID PANTL.E DUANE F'. WURZER .JA "4E3 L . CUNNI N GMAM DAVID R . .JOHNSON

GA · ~y L. GR~ER .JOHN C . MITCHELL ID

.JA'-'!:~ .. : . OLDHAM LEE s. CUTCllf"'F' MICHAEL L . CHEROUTES CONSTANCE l· HAUVER OOUCLAS M . CAIN

Mrs. Dorothy Martin Zabka Mayor, City of Greeley Greeley, Colorado

Re: Eastman Kodak Company Water Supply

Dear Mayor Zabka:

•

We represent Eastman Kodak Company and have been authorized to make the following preliminary proposal to the City of Greeley for the supply of water to our client's new plant to be constructed near Windsor, Colorado:

1. The new plant will require potable water for dom-estic and cafeteria use. Up to 500,000 gallons per day will be required by 1980 and up to 1,000,000 gallons per day by 1990. This water will be needed indefinitely during the . life of the plant.

2. In addition, water for industrial use will be required up to an average of 6,000,000 gallons per day, five days per week and fifty-two weeks per year by 1980. Peak demand will approximate 8,000,000 gallons per day.

3. Eastman Kodak Company will make payments to Greeley of an amount equal to the cost of water rights suffi-cient to yield Eastman's water requirements set forth above. At its option Eastman may transfer water rights to Greeley which are sufficient to yield such requirements.

4. Eastman will have the right to terminate this arrangement upon reasonable notice. In the event of termina-tion Greeley will transfer to Eastman any water rights acquired

.AWSON,NAGEL,SHERMAN &

HOWARD-Mrs. Dorothy Martin Zabka September 10, 1968

Page Two

I

with Eastman's cash payments for industrial water and will · repay any· such cash not used to acquire water rights for industrial purposes. No such transfer or repayment will be expected in connection with Eastman's potable domestic and cafeter.ia water requirements.

5. The parties will keep in close communication with regard to changes concerning their respective anticipated water needs. If Eastman increases its demand for water beyond the estimates set forth above, it will make payments to Greeley of an amount equal to the cost of water rights sufficient to yield such additional requirements. At its option Eastman may transfer water rights to Greeley which are sufficient to yield such additional requirements.

6. In addition to the payments set forth above, Eastman will pay Greeley for water flowing through a meter at the point where the water enters the Eastman System at a reasonable rate to be determined by negotiation after an engineering and economic analysis.

7. Eastman will build and bear the cost of water transmission lines from its plant to Greeley's transmission lines.

8. Eastman will equalize its draw on Greeley's · transmission lines over a 24-hour period by providing termi-nal water storage for this purpose.

9. Eastman will have the right to draw water from either the Loveland or Bellevue sources.

10. The demand for industrial water by Eastman will be relatively stable and will not have summer peaks to

the same extent as municipal demand. Eastman will investi-gate the feasibility of providing additional carry-over storage to permit greater winter use and thus minimize the impact on Greeley's existing system.

-

....

eAWSON,

NAG~L, SHERMAN

&

HOWARD-Mrs. Dorothy Martin Zabka September 10, 1968

Page Three

11. Eastman will have the right to obtain water from sources other than those outlined in thi~ letter.

If

this proposal is acceptable to Greeley, it is understood that the parties will enter into a formal contract.

HAB-Lls

cc: Mr. B. H. Cruce

Greeley City Manager Greeley, Colorado Mr. William D. Farr

Yours truly,

President, Greeley Water Board Greeley, Colorado