Contract synposis between Los Angeles & Salt Lake Railroad and Las Vegas Land and Water Company regarding the water supply, March 30, 1929

(COPY) s Y N 0 P S I s (COPY CONTRACT AUDIT ( NO.7322 -LA&SL RR) DATE:__MARCH 30 ,_, 1929 PARTIES: Los Angeles & Salt Lake Railroad Company (called Railroad Company) and Las Vegas Land and Water Company(called User). RECITALS: User owns certain water rising and flowing from Las Vegas Big Springs, Las Vegas Little Spring, Artesian well, and other sources, in Sections 29, 30 and 31, T. 20 S., R. 6l E., M.D.B&M. , in the City of Las Vegas, from which sources it acquires water for distribution in the City of Las Vegas for municipal and other uses. Railroad Company owns a spring house at Las Vegas Big Spring; a spring house at Las Vegas Little Spring; and an artesian well, in Sections 29, 30 and 31; pipe lines extending from source at Springs and well to settling basin and reservoir in Section 29; a 16" W. S. pipe line and 24" C.I. pipe line extending northeasterly and southeasterly across a portion of Section 29, all of sections 32 and 33, to the shops of the Railroad Company; thence across said shop grounds to a connection with pipe line of User located in Clark Street in Clark's Las Vegas Townsite, Railroad Comoany has heretofore permitted the User to carry water through said pipe lines for distribution by it at Las Vegas, and the User now desires permission to continue to carry water through said pipe lines, which permission Railroad Company is willing to grant. AGREEMENT: I. Railroad Company for $975.00 per month rental for the period April 1st to December 31st.,1929, grants to the User permission to continue to carry water through said pipe lines from the User's said water source, not exceeding 3500 gallons oer minute continuous flow for distribution by the User in the City of Las Vegas for municipal and other uses. The monthly charge under the terms of this contract is now, and shall hereafter be, based upon the division of costs of water used by the User in relation to the total amount used by the User and the Railroad Company, and when applied to monthly costs shall be the User's rental; said cost is - 1 - - 2 - made up by adding together all expense in connection with the operation and maintenance of the Railroad-owned facilities used in common with User and Railroad Company, plus carrying charges, consisting of interest, taxes and depreciation. Commencing with the year 1930 the monthly rental shall be revised to cover proportion of cost calculated as above on the basis of water used during the preceding year, and this rental will continue in effect throughout the year and until such time as complete information is available to calculate the proper rental for the succeeding year, at which time adjustments will be made covering any increase or decrease in rentals for the current year. II. The User shall pay to the Railroad Company as rental $975.00 per month for the period April 1st to December 31st., 1929, and thereafter such monthly rental as shall be revised to cover proportion of costs based on relative uses, on or before the 20th day of each calendar month for the use of pipe lines during the preceding calendar month. III. The Railroad Company agrees to use reasonable diligence to maintain pipe lines in such condition as to afford the User a continuous flow of water. The right of User is in connection with, and subordinate to, the right of the Railroad Company to use said pipe lines for the conveyance of all water now or hereafter required for its railroad requirements and other uses at Las Vegas, Nevada. Railroad Company shall not be responsible for failure to maintain said pipe lines when prevented from so doing by breakage, washouts, floods, strikes, or other unavoidable causes. IV. It is understood that the sum of $975.00 or any other sum determined in accordance with the provisions of agreement, represents, as nearly as can be measured, the fair rental value of the use of said well, pipe lines, and adjuncts by the User when consideration is given to the investment of the Railroad Company in said well, pipe lines and adjuncts; the cost, maintenance, repairs, and operation thereof, and the relative use made by the User, and the User and the Railroad Company. - 3 - For the purpose of determining the rental to be paid, meters have been installed and will be maintained, and accurate record made of water used by Railroad Company and water used by User monthly during each year. V. Agreement shall be binding upon Railroad Company, its successors and assigns, and the User, its successors and assigns. VI. Agreement shall take effect on April 1, 19?9 and continue until terminated as herein provided. Agreement may be terminated by written notice given by either party to the other on any date therein stated, not less, however, than twelve months subsequent to the date on which said notice shall be given; provided that this agreement may not be terminated by the User until the expiration of one year from the effective date hereof; notice may be served on User by mailing same to it at Las Vegas, Nevada, and may be served on the Railroad Company by mailing same to it at Los Angeles, California, by United States mail. Service thereof shall be deemed complete on the date of mailing. EXECUTION: . Contr. Dept. No. 15674 (COPY) Contract Audit No.7322 LA&SL RR Co. THIS AGREEMENT made and entered into this 30th day of MARCH-----,1929, by and between LOS ANGELES & SALT LAKE RAILROAD COMPANY, a corporation of the State of Utah, hereinafter called "Railroad Company", party of the first part, and LAS VEGAS LAND AND WATER COMPANY, a corporation of the State of Nevada, hereinafter called "User", party of the second part, WITNESSETH: RECITALS The User owns certain water rising and flowing from what is known as Las Vegas Big Spring, Las Vegas Little Spring, and an artesian well located in Sections 29, 30 and 31, T. 20 S., R. 61E., M.D. B & M. in the City of Las Vegas, County of Clark, State of Nevada, from which springs, well and other sources in proximity thereto it acquires water for distribution by it in said City of Las Vegas for municipal and other uses. The Railroad Company owns and maintains a spring house at Las Vegas Big Spring, located in the NE 1/4 of the NE 1/4 of Section 31, and a 12" concrete pipe line which extends 1045 feet therefrom in a northeasterly direction to a concrete settling basin located in the SW1/4 of the SW 1/4 of Section 29; a spring house at Las Vegas Little Spring, located in the SE 1/4 of the SE 1/4 of Section 30, and a 12" cast iron pipe line which extends 1200 feet to the said settling - 2 - basin; a 16" artesian well 635 feet deep, located in the SW 1/4 of the SW 1/4 of Section 29, cased with 572 feet of 12" pipe line which connects with and taps artesian basin, and a 20" pipe line extending 39 feet therefrom to the said settling basin; a 24" wood stave pice extends northeasterly from settling basin approximately 800 feet to a 2,500,000 gallon reinforced concrete reservoir located in the SE 1/4 of the SW 1/4 of Section 29, from which said reservoir a 16" wood stave pipe and a 24" cast iron pipe extends in a northeasterly direction; thence in a southeasterly direction across the SW 1/4 of the SE 1/4 of Section 29; thence southeasterly across Sections 32 and 33 to the shop grounds of the Railroad Company where the said 24" cast iron pipe line connects with an existing 16" cast iron pipe line, and at which point a 16" wood stave pipe line terminates; thence a 16" cast iron pipe extends across said shop grounds to a connection with the pipe lines of the User located in Clark Street of Clark's Las Vegas Townsite at a point 230 feet southeasterly from the southeasterly right of way line of the Railroad Company, in the SE 1/4 of the NW 1/4 of Section 34. The Railroad Company has heretofore carried through the 16" wood stave and 16" cast iron pipe line water to the User for distribution by it in the City of Las Vegas, and the User now desires a license and permission from the Railroad Company to continue to divert and carry through said 16" pipe line and through said 24" pipe line, water for distribution by it in Las Vegas for municipal - 3 - and other uses, and the Railroad Company is willing to grant such license and permission under the terms and conditions in this agreement hereinafter recited; NOW THEREFORE, THIS AGREEMENT WITNESSETH: I. The Railroad Company, in consideration of the premises and the payment to it by the User of $975.00 per month for the period April 1st to December 31st., 1929,does hereby grant to the User license and permission to divert and carry through and along said 16" and said 24" main water pipe lines from the User's source of water at said Las Vegas Big Spring, Las Vegas Little Spring, artesian well and other sources in proximity thereto, an amount of water not exceeding 3500 gallons per minute continuous flow, which it may require for distribution in the City of Las Vegas for municipal and other uses. It is understood and agreed, however, that the monthly charge made under the terms of this contract is now, and shall hereafter be, based upon division of costs of the water used by the User in relation to the total amount used by the User and the Railroad Company, and when applied to monthly costs shall be up the User's rental; that the cost is made/by adding together all expense in connection with maintaining and operating rail-road-owned facilities used in common by User and Railroad Company, plus the carrying charges on these facilities consisting - 4 - of interest, taxes, and depreciation; and it is agreed that commencing with the year 1930, the monthly rental shall be revised to cover proportion of costs calculated as above set forth on the basis of water used during the preceding year, and this rental will continue in effect throughout the year and until such time as complete information is available to calculate the proper rental for the succeeding year, at which time adjustments will be made covering any increase or decrease in rentals for the current year. II. The User shall pay to the Railroad Company as rental, the sum of $975*00 on or before the 20th day of each and every calendar month subsequent to April 1st during the year 1929, and shall pay a monthly rental thereafter during the continuance of this contract from year to year in accordance with the proportion of use of Railroad facilities as provided in paragraph I hereof. The rental shall cover the use of all facilities required in the delivery of water from its source to the User's pipe lines in Clark Street. III. The Railroad Company agrees to use reasonable diligence to maintain said water pipe lines in such condition as to afford the User a continuous flow of water, it being understood, however, that the license and permission hereby given the User is in connection with, and subordinate to,the right of the Railroad Company to the continuous use by it of - 5 - said pipe lines for the conveyance of all water now or hereafter required for railroad requirements and other uses incident thereto at Las Vegas, Nevada. The Railroad Company shall not be responsible for failure to maintain said pipe lines when it is prevented from so doing by breakage, washouts, floods, strikes or other unavoidable causes. IV. It is understood that the sum of $975.00, or any other sum determined in accordance with the provisions of this agreement, represents, as nearly as it can be measured, the fair rental for the use of said well, pipe lines, and adjuncts by the User when consideration is given to the investment of the Railroad Company in said well, pipe lines and adjuncts; the cost, maintenance, repairs, and operation thereof, and the relative use made by the User and the Railroad Company. For the purpose of determining a fair rental to be paid, meters have been installed by the Railroad Company and are now and will be maintained at its expense for measuring all water used by the User and the Railroad Company. For the purpose of determining the amount of water used by the User, meter has been installed immediately easterly of the connection leading to the ice plant of the Pacific Fruit Express Company and between the main line of the Railroad Company and the southerly line of its right of way. This ' - 6 - meter shall be read monthly and accurate record kept of the water flowing to the User monthly through said pipe line. In addition to meter in main 16" pipe line above mentioned, an 8" meter, adjacent to main pipe line, has been installed by the User in the User's new 8" pipe line serving old town. Monthly records shall be kept of the water of said User flowing through meter serving old town; and it is understood and agreed that any new lines constructed for delivery of water to User shall be equipped with meter installed and maintained at the expense of the User for the purpose of continuing accurate record of water flowing through pipe line to the User. V. This agreement shall be binding upon and inure to the benefit of the Railroad Company, its successors and assigns, and the User, its successors and assigns. VI. This agreement shall take effect as of the first day of April, 1929, and shall continue in full force and effect until terminated as herein provided. This agreement may be terminated by written notice given to either party by the other on any date therein stated, not less, however, than twelve months subsequent to the date on which said notice shall be given; provided, however, that this agreement may not - 7 - be terminated by the User until the expiration of one year from the effective date hereof: such notice may be served on the User by mailing same to the User at Las Vegas, Nevada, and may be served on the Railroad Company by mailing same to it at Los Angeles, California, by United States mail: service thereof shall be deemed complete on the date of mailing. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first above written. LOS ANGELES & SALT LAKE RAILROAD COMPANY Witness: By_(Sgd.)_C. R. Gray______ Its President. (Sgd.) F. J. Melia (SEAL) ATTEST: (Sgd.) Thomas Price 'Secretary. Witness: LAS VEGAS LAND AND WATER COMPANY (Sgd.) F. J. Meila By(Sgd.) C. R. Gray________ Its President (SEAL) Attest: (Sgd.) C. H. Bloom Secretary