Agreement for the delivery of water and power to be sold in Las Vegas, March 22, 1921

THIS AGREEMENT, made and entered into this 22nd day of March, 1921, by and between LOS ANGELES & SALT LAKE RAILROAD COMPANY, a corporation organized under the laws of the State of Utah, party of the first part, hereinafter called "Salt Lake Company", and LAS VEGAS LAND AND WATER COMPANY, a corporation organized under the laws of the State of Nevada, party of the second part, hereinafter called "Water Company", WITNESSETH, That: WHEREAS, the Salt Lake Company operates an electric power plant in the City of Las Vegas, County of Clark, State of Nevada, and controls certain water rising and flowing from what is known as Las Vegas Spring, situate about two miles northwesterly from said power plant in the City of Las Vegas, from which source the City of Las Vegas has heretofore obtained its water supply; and WHEREAS, the Water Company owns and operates a transmission line through which electric energy is supplied to residences and industries situate in Blocks 23, 24,25, 26, 39, 40, and the westerly one-half of Block 22, in Clark's Las Vegas Townsite, in the City of Las Vegas, under a franchise granted to it by the said City of Las Vegas, and also owns and operates a system of water mains in said City of Las Vegas, under a franchise from the said City of Las Vegas, through which water for domestic and other purposes is supplied to the residences of said Clark's Las Vegas Townsite: HOW THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the covenants and agreements herein contained, it is agreed between the parties hereto, as follows: 1. The Salt Lake Company agrees to furnish and deliver to the Water Company's transmission lines at the north line of Main Street in the City of Las Vegas, for service under said franchise, sufficient electric energy to supply the residences of the said Clark's Las Vegas Townsite, at the rate of five (5) cents per Kilowatt hour; for the purpose of determining the amount of electric energy so used, the Salt Lake Company shall maintain a meter at the said north line of Main Street. 3. The Salt Lake Company agrees to furnish and deliver to the Water Company's water main, at the north line of Main Street, at the junction of Main and Bridger Streets, in the said City of Las Vegas, sufficient water to supply the residence of the said Clark's Las Vegas Townsite, for domestic and other necessary uses, at the rate of Two Hundred ($200.00) Dollars per month. 3. In consideration of the furnishing of said electric energy and water, the Water Company agrees to pay to the Salt Lake Company on or before the tenth day of each month, the amount due under the rates and charges specified above for all electric energy supplied and water furnished to the said Water Company during the preceding calendar month. -3- 4. The Salt Lake Company agrees to use reasonable diligence in providing an uninterrupted supply of electric energy and water for the uses herein specified, provided, however, that the Salt Lake Company shall only be required to furnish to the water Company under the terms of this agreement, such electric energy and water as it may have in excess of the amount it may require for its own purposes in the operation of its railroad terminal at Las Vegas; and shall not be liable to the Water Company for failure to deliver electric energy or water under this contract, when such failure is caused by an act of God, accidents, strikes, washouts, breakage, fires, or any other condition beyond the control of the Salt Lake Company; and provided, further, that in the event of the enactment of any law by the State of Nevada, or in the event of any ruling by the Public Service Commission of the said State, whereby the Salt Luke Company in carrying out this agreement would become subject to the jurisdiction of said Public Service Commission, or of any other regulative body, or be deemed to be acting as a public utility, then and in any such events, this contract shall ipso facto cease and terminate, and the Salt Lake Company shall be relieved from any and all obligations hereunder. 5. The Salt Lake Company shall at all times have full supervision over any and all repairs that may be necessary from time to time in the maintenance of the connections with the transmission line and water main of the Water Company, and of all meters in connection therewith; and it is expressly agreed and understood that the Water Company shall at all times indemnify and save harmless the Salt Lake Company from any and all liability for damages on account of any injury to persons or property, arising from or on account of construction, reconstruction, repair, maintenance or operation of the transmission lines or water mains of the Water Company, including all liability on account of any injury to the property, servants or employees of said Water Company, or patrons thereof, which such injury or damage be caused by the negligence of the Salt Lake Company, its agents, servants or employees, or otherwise. 6. It is further agreed and understood that the Water Company shall use said electric energy under the terms of this contract, for the supply of the inhabitants and residents within the city blocks herein described, under the franchise now held by it, and that it will use said water so delivered to supply Clark's Las Vegas Townsite and its inhabitants, for -domestic and all necessary purposes, under the franchise now held by it, and that it will not waste or permit to be watted, any water delivered to it under this contract. 7. This agreement shall take effect the first day of October, 1920, and shall continue in force for a term of two (2) years; provided, however, that either party may cancel this agreement by giving to the other party sixty (60) days notice to that effect. -4- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Attest: Secretary. LOS ANGELES & SALT LAKE RAILROAD COMPANY General Manager Attest: LAS VEGAS LAND AND WATER COMPANY, By Secretary. IT IS HEREBY MUTUALLY AGREED, this 9th day of October, 1922, that, subject to all the covenant and conditions in the foregoing agreement contained, the term thereof shall be, and it is hereby, extended to the 1st day of October, 1924, determinable, nevertheless, at any time prior thereto, as in Section 7 of said agreement provided. L0S ANGELES & SALT LAKE RAILROAD COMPANY, Attest: LAS VEGAS LAND AND WATER COMPANY, Secretary.