Loading...
HomeMy WebLinkAbout84- Agreement with Carter Williams ; . ; . '.. r . l AGREEMENT THIS AGREEMENT is made and entered into this t)t-h day of April , 19 -BA, by and between the City of Bozeman, a municipal corporation with offices at 411 East Main, Bozeman, Montana 59771-0640, hereinafter referred to as the "City" and Carter Williams, with offices on the Third Floor Northwestern Bank Building (P.O. Box 1648) , Great Falls, Montana 59403-1648, hereinafter referred to as the "Landowner. " WHEREAS, the Landowner is the owner in fee of certain real property hereinafter referred to as the "Westfield Parcel, " situated in Gallatin County, Montana, and more particularly described as follows, to-wit: Beginning at the E 1/4 corner of Section 24, R5E, T2S, MPM, thence S 00013'00" W along the Section Line between Sections 19 and 24, said Section Line being the approximate centerline of Wagon Wheel Road, a distance of 1,080.3 feet, thence N 89047'00" W a distance of 1,287.97 feet to the centerline of South Third Street, thence N 00006'11" E along said centerline a distance of 809.01 feet, thence following said centerline along a curve to the right, said curve having a radius of 286.48 feet, a central angle of 89010' and a length of 445.84 feet, thence S 89016'53" E along said centerline a distance of 1,000.70 feet to the point of beginning. The area contained within this parcel is 31.714 acres. WHEREAS, both parties recognize that the annexation of the Westfield Parcel pursuant to Section 7-2-4301, et seq., M.C.A. 1983, will entitle the Westfield Parcel to city services, including municipal water service: and WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water service to the Westfield Parcel; and WHEREAS, the Landowner finds that this agreement will provide for the most satisfactory and dependable water supply or service available to furnish water for development within the Westfield Parcel; and WHEREAS, the making and performance of this agreement is desirable to promote the development of the most adequate . . ~ ' a , water supply for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply by the City is necessary and of mutual advantage to the parties hereto. WIT N E SSE T H: In consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows. 1. RECITALS. The above recitals are true and correct. 2. ANNEXATION. The City Commission will annex the Westfield Parcel in accordance with their decision on November 7, 1983. 3. SERVICES PROVIDED BY CITY. Pursuant to Section 7-2-4305(2), M.C.A. , and Commission Resolution No. 2452, the City will, after annexation, pro- vide city services to the Westfield Parcel. 4. MUNICIPAL WATER SERVICE DEFINED. The term "municipal water service" as used in this agreement shall be the service which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code as well as any other terms and conditions which apply to the City's provision of this service. The term does not contem- plate the extension of lines or construction of necessary improvements for delivery of water to and within the Westfield Parcel by the City. 5. AMOUNT OF WATER REQUIRED. The parties agree that the 100 acre feet in the Hyalite Reservoir contained in H. B. Landoe's Water Purchase Contracts No. 61-A-2 and 13-A-2 with the Middle Creek Water Users Association, copies of which are attached hereto, is an adequate water supply for the Westfield Parcel. -2- - ____u__________________ ____ ------------------ . ~ . .. , ,~ : ' . 6. NATURE OF WATER RIGHT BEING TRANSFERRED. The Landowner represents that he purchased the 100 acre feet in the above referenced Water Purchase Contracts on February 16, 1984, subject to a request for transfer of both contracts. The Landowner represents that these Water Purchase Contracts go back to 1953 and if there is any unpaid balance on the principal amount due, the Landowner will pay the same. 7. CONVEYANCE. The Landowner agrees to use reasonable diligence to accomplish the conveyance of Water Purchase Contracts No. 61-A-2 and 13-A-2 with the Middle Creek Water Users Association representing 100 acre feet in Hyalite Reservoir to the City. The City agrees to cause the necessary documents for acceptance of the 100 acre feet to be executed. 8. WARRANTY. The Landowner represents and warrants that the convey- ance of such water rights is unqualified and unencumbered and that, once conveyed to the City, such water can be used for municipal purposes in the municipal water system without obtaining any additional approval or review. 9. MAINTENANCE FEE. The City agrees to pay the annual maintenance fee attributed to said 100 acre feet. 10. GOVERNING LAW. This agreement shall be construed according to laws of the State of Montana. II. NO ASSIGNMENT. It is expressly agreed that the Landowner shall not assign this agreement in whole or in part without the prior written consent of the City. -3- .. . . .' , - . ' 12. INVALID PROVISION. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 13. MODIFICATIONS OR ALTERATIONS. The modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 14. SUCCESSORS. Except as provided in Paragraph 11, this Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in quadruplicate the day and year first above written. ATTEST: CITY OF BOZEMAN "City" (f~ cll!1~ By~.m~ Clerk of the Commission Its ayor Pro Tempore rf/p(k ~~l4/ arter Williams A"1""~f'lil~$'W ~ .. h",:iaJ t: ~ !" ' '?A~ -"i 41:t!L City Attorn " -4- .__..._-_..-~-~~~-'-'. ._.~..-.~-'~-_. --...-...... - . . !Co. 61....2 Water Purcbase Contract : . . ~ " Thl, eontrac:t dated as of the 2)~ day of ~rU , 19.81-. between the Middle Creek Water Vsers' .\asociation. a Montana corporation. hereinafter called the .. Auodation:' tht~ Del)artmcnt of Nalural Re. souree. and Conservation of the Stale of Monlana, concurred in by the BoarJ of Nalural Itesourr,cll anti Conservalion, duly created. authoriud and adins, under and a.y virtue of the Law. of Monlana, hereinaher cal~d the "lloard:' and H. B. f..."40. . hereinaltt" callt"tlthe "wall" purchaser," WITNE:iSJrlll WHEREAS, the Board proposelao CODtstrua all irrigation and flood conuol project (herein uUcd the "Project") ~g the CODJU'1K:tioD of an eardHill dam IDd reservoir with a~t worband a surxly canal. ita GaUaliD County. Montana. in accordanco with piau and spcciflCatiou and cstimatca 01 cost heretofore opted; and WHEREAS. the Board bas acqu1rcd the right to store. control ud/or divert all UDappro~riated waters of Hyalite Creek and .tributaries punuant to dcdaratiOll filed as Instrument No. 30S-H. in the ofCicc of e County Clerk and E&. ofIleio~cordcr of Gallatin County, Montana, oa July 15th. 1938; and WHEREAS. it is asrccd by &be parties heRlo lbaI the toCaI waten to whida the Board is entitled will be at least tuff'aeient to permit the opcradOIl of sPt project at its tun capacity 10 that 8.021 acre feee of water can be made avail- able annually during the irrigation se8SOD ad &he purchaser recognizes tho righe of the Board to impound. during the __irrigation season, all of the aforesaid waten; and WHEREAS. the Assoc:iation bas heretofore entcRd into a contract with the Board dated April 19, 1939, where- :r the Board agreed that, upon eompJetion of che Projecc. it would furnisb to the Asso<<:iation the total available yield storage water from the Projcct for certain purposc:s. all as more fully set forth in said contract (herein caUed the "water marketing contraa"), a copy of whitb is on file at &he offace 01 the Board and the Assoeiation respectively; NOW. THEREFORE, in consideration of the premises and of the mutual tenDs. covenants and WIlditions hereof. it is mutually covenanted and agreed as follows: Section I. The Association, upon the completion of the Projca wUl furnish &0 tho water purchaser. at the reservoir, F1tt7 (SO) acre feet of watet annually during the irTiption seuon beginning May I and ending September 30 from the reservoir :sing the Project, provided. however. that in the event that from time to time thereafter the Board shall have an i 'I uate amount of water from the Project to permit the furnish- laC of the number 01 acre feel of water iD any year for which there are s\lda outstanding water purchase contra<:ts. the water purchaser in sucUcar. shall be eotitlcd, in lieu of each acre fOOl of water for whic:h he has contracted, to a share 01 the total water avai Ie representing the proponioa tbat one acre foot of water annually bears to 8,027 acre feel 01 water lMuall)' or (but only if there arc outJeaoding water purchaso contracts for th~cbase annually of more than said UDOWlt of water) to the total number of acre fect of water agreed to be purehased ann ly under oulstanmng water purchase contracts. The distribution of such proportionate sbares to the water purdaaset during such year shaD OOIJstitute a com.. plete performance in said year of the obligation of the Association to deliver Ibe number of acre feet of water for which laid water purchUOl bas eontracte~ aDd the purchaser nevertheless shall be obligated to pay the fun sums due under dais coattaCt ud to perfOl'lA bis covenants 8nd obligations bercuadcr. The Aisociation and the Board a;reo Dot to mate eontracts for the sale of more tbaa 8,021 acre feet 01 water from the Project annuallt excel:: to the extent that the .toraae capacity of the completed Project is in excess of said amount. So long as the rig t 01 t e Association under ita water marketing contrac:t to distribute the water of the Project has nOl bee.. temalnated. the Board shall be under no obligatioD to distribute water to the water purchaser hereunder, it being expressly understood that the Association only .hall be 10 obligated. Seetion 2. The water purchaser shall pay to the Association or the Board the sum of Nlnety-E1sht and. no/tOO--- nollars on November 1. 19~, and &be .um of H1rlety-F.1&ht 1lft4 no/100 Dollan on November I of cadi and every year thereafrcr for twenty-nine consecutive yean. On November I, 19..2.1... and on November I of each and every year thereafter during the useful life of &he Projecc. the water purchaser also shall pay to the Association sucb amount as the Association .baU bave previously notified the water purchaser (by a written notice given at least 4S days prior to elA:b such November I) to be necessary for his proportioAalc share 0( Ihc amount of the operating costs of tho Project for the year following respectively eKh said November I.. The term "operating eostJ" ,as used herein shall inc:lude all costs of the maintenance, repair, operation, and nceesany alteration of the Projeea. and all c:osts incurred by tbe Association or the Bow in the distribution of waler fromtbc ProjCCL The cktermin.don ~ the Association of the amount and necessity of such o~aling costs and the annual amounts payable by lite water purc:-"aser to meet such operating costa shall be final. c:onc:1USlve and binding upon the parties hereto. and the amounts so detctmined shall be deciDed a debt, payable as aforesaid, to the same extent as if the amounts were spec.. ifically enumerated herein. SectlOIl 3. AU moneys required to be paid by the water purchaser to the Association bereuader shall be palcl at ....>>em.... Montana. or sucb other place as the Assodatioll shall ~t ill writing. Every insta!lmenl or other 'UID of lOBI)' required to be paid bcmmder. wbida .hall mnaiD unpaid ter the same becomes due, shall bear interest at the ,ato of Sill per centum per annum. Section 4. The water purehascr hereby agrees to bo bound by any and all the terms. provisions and limitations of the Ar1lc:les of IlIl;OI'pOraUOn and By-Laws of the Association. including all Bmt'ndments and luppleaaenll bcreaffCt mado thereto with tho .:r:;oVal of the Board, aad by the aforesaid water marketing contract between tho Board and the Association as fully completely as if the terms, conditions and limitations therein contained were herein fully written. . Scc:tion 5. In the event that the water purchaser aha11 default in the payment of any of the sums wbcA and as l8IIle ataaIJ become duo ad /:yabk bereunder or shall default in the performance of any other obligations hereunder. and sucb default shall continue or. p:rlod of 45 days. then and Ia any such event. the Association may in its disc:rctiOll and, ..... the reqUl$t of the Board, shaU take auy or aU of the fonowing action: (a) cease and refuse to furnisb water to .... water =ascr until IUCb default and all other defaults subscctuently oec:urring shall be cured, it belag ~ that die withho J of water from the water purchaser in accordance With the =sions hereof aba1I not affect obliga- tiou of the water purchaser, ac:cruiDg during tbe period w hen water is wi ad (except to tho e&tent of any revenues toDectcd by tho Association from the sale of water withbeld from said water purchaser). or the obligations of the .... purc~aser then due or thereafter aecruing hereUDder; (b) termioate the rights of the water purdlascr under -" .-- "- -, ..,,~-'--'"'-- ._, . .. - , . . . . ~ . this Wiler purdwc contract, it bciD& ~ dial lueh actioD ahaJ1 DOt. prejudice &be right of Ibe Association to coUcct aD ~ ..... ~ Ibo __ pIIldwor, - ..w ...... pIIIOhaso _ 8IllI (e) _.. aa4 _- CD fiDal udlmCllt or actions or I.~..~ti. III law or. ia equity for tho coUeccioa of tho sums ~uo ~d ;un~d ...., water pwdwe <<lIltractmS CDforce any luch Judpeat or fiaal dcerco against tho water PurcbasU. No remedy bctelD coDforred u~ die Aasociatioa II intaadecl to boucJusivc of any other remedy or remedies. and each luch remcd)' ahaJI be cumulatlvo ad in ldditJoa to every other remedy pvea beteunder or under the water marketiPs COIltrad or IlOW or bereaftcr esistlDa at Jaw or III equity or b)' slatUlCl. Section 6. la the OVCDt thai tho Board abaJl live writteD aotice to the water purchaser thal &he Assodation is in default in the pedonaaaee of aD)' of ita obJlgatioDs wader tbe water marketing contract, and that the Board has elected 10 exercise the funetioaa of the Aaaoelatioa UDder this cxmttaf:t. all moneys due or becomiDg due and payable to the As. lOdadoa bcnUDder ahaU be paid CO tho Bo8rd, IUd the Boanl, iD ita own name. shaD bave the sole right to enforce this contract aDd eKl'Ciso aU of Ibe righta &ad powen of tho Assodatlon with rcape<< thereto. unleuand until the Board shall to" written notice to the water purchaser that tho Aaocialion itself may resumo tho colb:tioa of moneys and the cure of illlK"':CfI hereunder. Moneyl then to be paW b)' the water purchaser to tho Board shall be paid at the of. flCe of such Board in HeleA.. Montana, or sucla other place 81 the Board shall appoint in writing. Section 7. The aforesaid paymcnu and obUptioQS of the water purchaser hereunder arc for the privilege of obtaining water so long II the water purchaser shall not be in defaull uncler this contracl or his rights terminaled hereunder, and the waler purchaser IhaD be obliJated &0 pay the aforesaid annual installments and perform his cov- enants and duties hereunder, notwithstanding the flet that no waler shall be available by reason of a shonage or oth~r- wise, or that no waler is actually laken by the water purchaser, or tbat the Association or the Board m~y withhold waler from the water purcbaser by reason of bis default under thiJ contract. Th~ obligation of the water purchaser to make the aforesaid payments required hereby sball be absolute and UMOndilional so long as this contra;t remains in full force and effect. II is Clpressly understood that aU the right. title and interest in and to the Project and the waler dahts exercised in connection therewith shall be and remain ia the Board, and that the water purchaser shall acquire no right, title or interest In the project or such water rights. Tbc water purchaser shall acquire no rights or equities under this contract which will in any manner prejudice the right of the Association to lenninate this contract in the evcnt that the waler purchaser shall be in default hereunder. Section S. It is understood that without regard to priroity in the eXCQUtion of this water purchase contract, or priority in the use of water hereunder or any other reason, the water purchaser under tbis contract shall have no pref- erence or priority entitling him to receive water from the Project in advance of other water purchasers who have en- lered into water purchase c:ontraclS for waler from the Project (unless luch contract shall d,:ifically provide to the contrary). all such water purchasers to have an equal and ratable right to water in accor ance with the respective amounts to which they arc Cfttitled under their respective water purchase contracts. The existing prior rights of the watef purchaser to waler herelofore appropriated for irrigation purposes shall not be prejudiced hereby. Section 9. The provisions of this contraet shall apply to and bind the successors and assigns of the respcc. tive parties, but the water purchaser shall make no assipment of this contrKt without the written consent of the As- aexiaaion (unless ill rights beRundcr have been terminated or water is beina withheld from it) and the Board. Section 10. The water purthaser hereby agrees thai this water purchase contract covers water for domestic: and agricultural purposes only. IN WITNESS WHEREOF. the Middle Cn-ek Water (Tiler. Anociatioll ltUrllmtlltlo ,,"thoril) from ibl &loanl of J)i. rectors has c:auM'd this Contract to be executed in itl corporate name by ib I)ft~ident or V ic.~.I)rt~si(lent aud aUl'sted by ib Secretary or h. Anistant Secretary. ,md the Board bas causrd lhis C.ontracl 10 Iw execul..d in its corlHJrale name and said parties have caused their respective corporate seals to be affixed h..relo, and H. .8. Landoe hall hert'unlo lid hi. hand and seal, all on the day alld year first ahove wriUcn. MIDDLE CREEK WATER USERS. ASSOCIATION dZ. .L!!.i?7 U- A TI'EST: By 1..<. . ~ I~,-. {,./ . President , / i /. . / : ,-.I /,'.. /.... .,,: v<-. _ ... '~____ .~ ..-"._-----~ ._~,._-~._--- ..._------~ ". " Secretary OEPAll1'MENT Of' NATUnAL UESOllRCES ANn CONSERVATION By Jr o_~ Iape"t.ow. WapI' P~,...,tl 11'""7..... JInou...... my;,... )//J . ".'- j"" , , - .' (Seal) Water Purchaser Witness to Sipature of WatCf.....;'liaser: (Seal) Water Purchaser , ~\: ~ ~...~ / .. ~ j .' ,. ......... ,. ". ". . ,.... .. r, ~- ,., ,.... , iF '- .~. \ ; ,( .. . '.. <" ... ~.. . '___ ....'_' ,---J ~ ~ . . . Water Purchase Contract No. 13.A-~ : . ~ ,- . a f~ r . Thi. contract dated.. of the it.:J day of A,pr1.1. ,1~J. . between the Middle Creek Water Veers' AlI8OCiation. a Montana corporation. hereinafter called the hAss~ialion:' Ihe Del.arlmenl o' Natural Re. IOUrces and Conservation 01 lhe Stale of Montana. concurred in by the 80ard oC Nalural HellOurcer. and Conservatioo, dul, crealed. aUlhoriud and acting. under and by virtue o'the LaW8 0' Monlana. hereinafler called Ihe hBoard," and H. B. Ltt.Da.oe , hereinafter called Ihe "water purchaaer," WITNESSETH WHEREAS, tho Boud ~ to eoatatrucl all lnigalion U1d fiood control project (berem called the "Project") c:omprbiDg Ibe CODStruI;tioa of aD eardHiIl dam and reservoir with appurteDaDl worb and a su~anal. m Gallatin OJunty, MODtana. ill ecc:ordance with plans aDd .pecifu:adoa.s and eatimatea of cost heretofore ; and WHEREAS. the Board bas au:quircd the righl to store, ~nlrol and/or divert aU unappro~riated waters of Hyalite Qeet and tributaries J:buant 10 declaration filed as Instrumenl No. 305-H, in the offif;:C of 0 County Clerk and Ex. Glfklobcorder of G atin County. MontaDa, on July UIb, 1938; and WHEREAS, it is agreed by the parties hereto thai the tocal waten 10 wbich Ihe Board is entitled will be at least .ufficienl 10 permil the operation of Mid projCfl:t at its fuU capacity so that 8.021 acre feet of water can be made avail. able annually durlDg the irrigation season and the p'wdlucr rewgnizes Ihc righl of the Board to impound. during the ..irription season, aU of the aforesaid waten; aDd WHEREAS, the Association has bcRtoforo entered into a contracl with the Board dated April 19. 1939, where. :J the Board agreedthal, upon completion of tho Proj"" it would furnish to the Association the total available yield storage water from the Project for certain &urposeI, aU as more fuUy set forth in said contract (herein called the "water marketing CODU'acl"), a copy of which on file al the office 0( cite Board and the Association respectively; NOW. THEREFORE. in consideration of the prcDlises and of the mutual terms. oovenanls and c:onditions hereof, it is mutually covenanted and agreed as fonows: Section 1. The Association. upoa the completion of the Project will furnisb to tho water purdaaser. at the reservoir, P1r1i7 (~ J acre feet of waIel annually during the irription season beginning May I and ending September 30 from the reservoir com..::sing the Project. provided. however, that in tho event that from time 10 time thereafter Ibe Board sball have an in 'Iuate amounl of water from the Project to pennitlhc furnisb. IItI of the number of acro fcot of water in any )'Cat for which thero are such outstanding water purchase contracts. the water purchaser in sUC:hJ:eaz .hallllo entitled. in Ueu of each acre foot of water (or which he bas contracted. to a share Clt the lotal waler avail Ie represcating tho ~ that one Il:I'e foot of water annually bean to 8,027 acre feet 01 water aDDually or (bul only if lb. are outstan IDS water purdwo c:oatrac:ts for tho purchase annually of more than said amount of water) to Ibe total number of acre feet of water agreed 10 be purchased annually under outstanding water purchase contracts, The diJtribution of such proportionate shms to the water purchaser during such year shall constitute a com. plete performance in said yoar of the obligation of tho Associatioo 10 deliver the number of acre feet of water for which iaid water pareha.r bas contracte~ and the pamhaser nevertheless shall be obligated to pay the fun sums due under ..... contraCt aDd to perform his c:ovenants and obligations heRuDdcr. The AiIOQation and Ibo Board agree not to ..ate contracU fot dII sale of more than 8.027 KrC fect of water from the Projcct annUallt except to the extent that &be storage capacity of tho completed Project Is la excess of said amount. So long IS the rig t of the Association under ill water marteliD; contract to distribute the walel of the Project has not been tcnninaled. the Board shall be under no obligation to distribute water to tho water purchaser hereunder, it being expressly understood thai the Association only ahlll be 10 obligated. Section 2. Tho water purc:haser ,ball pay to tho Aua:iation or the Board the sum of B1net;v-E1ght MIla. nU/~uv noUan on November I. 19...5.L.., and the awn of Nlnet7-E1sht and nO/l0U Dollars on November I of each and every year &hereafter for lwenty.nine consecutive years. On November I. 19~ ad on November 1 of eac:h and every year thereafter during the useful life of the Project. the water purchaser also Iball pay to the Association such amounl as the Association shaU have previously notified the waler purcbaser (by a written notice Biven at toast 4S days prior to each sucb November I) 10 be necessary for bis proportionate sbaro of .... amount of the operating costs of ahe Projec:t for Ibe year following respectively eaeh said November 1.. The term "operating c:o&.." 81 used herein shall include all cosll of ahe maintenanc:c, repair, operation. and necesarry altcraaion of die Project. and all costs incurrod by the Association or the Boudin &he distribution of water from the Project. The determination Mr the Assoc:iation of the amount and necessity of such operating costs and the annual amounts payable by the water ~C1iaser to meet lUeb operating costs shall be final. conclusive and binding upon the parties bereto. and the amounls so detennined shaU be deemed a debt. payable u aforesaid, to the samo extent as if the amounts were spec. ifIc:aIIy enumerated herein. _ Section 3. __AI. m~neys required 10 be paid by the water purchaser 10 &he Association hereunder shall be paid at Bozeman, Montana, or sucb other pIaco as tho Auodatioa sball ~t in writing. Every installment or other sum of lDOIley required 10 be paid hereunder.. which shall remain unpaid er the same becomes due. shall bear interest allbe nlc of six per centum per annum. SccIion 4. Tho water purcbaser hereby agrcea to be bound by any and all the terms. provisions and limitalions 'f thI Anic:les of Incorporation and By.Laws of the Asscx:iation. including all am~ndments and supplemenls hereafter JUde themo with the ~al of &he Board. and by the aforesaid water marketing contracl between the Board and the AuociadOll U fully an completely u if the terms, conditioul and limitatlollJ therein contained were herem fully written. Section 5. ID tho event that &be water ~baser shall default in the payment of any of tho sums whea and as same Ihall beeome due and &;yablo bcreuuder or sball default in the pedormancc of any other obligations hereunder. and such defaull shall ~ntinue or a period of 45 days. Ibea and lD 88Y such evcnt. the Assoc:lation may ia its disg'Ction and. upon the request of tho Boaid, shall take any or all of the foUowing action: (a) cease and refuse 10 furnish water to 1M water I&c:buer until sucb defaull and all other defaults lu::tucndy occurring shall-be cured. it being agreed that tile withho dinl of water from tho watot purchaser ia accordance th the &:visions hereof sbaD DOt affcc:t Ibe obliga.. IIoaa of the water purcbaser. ac:cruing dUring the period when water b wi Id (except to tho eltent of any revenues coUec:Iod ~ the AssociatioD from the aaJo of water withbeld from said water purcbaser). or the obligations of the waw purr aser then due or thereafter KCnIiDg bereuuder; (b) terminate the rights 01 tho water purchucr under , ". ,. ~ ,- this walei' ~ COAtract. it bdn& apeecI dial such Ietioa IIaaII DOl prcjudlco Iho right of tho Alscx:iatiOll tel coUcca aD ~ thea owiPI by the waf<< pwdaaIcI:, UDder laid watel pUl'Cbaao COIltnd; aDd (c) la.stilutc aod prosecute . to fiIlal. juctlJDCllt or dec:tce. KtiOOS or ~I"I' iA Jaw or III equity for cho eoUeaion of the SUUIJ duo an4 unpaid UDdoi this water ~ coatra;1 aDd eafo<<c aDY 'QCb judJIDIDt or fiDal'decrcc again. Iho water pIud.uct. No remedy bcrciD eoDfcmd upoD &be AssociatiOll Is iIIlcDded to be exclusive of any other remedy or romcC1ics, and caeb such Rmedy aha11 be camUJativo ..s ill ldditN to "<<1 other Rmcdy pvea horouDdOl or UDder Chc water DW'btiD. CODiraet or DOW or hereafter emua, at law << 1D equity or by statute. $c(:doa 6. ID tho OWCDt that tho BoIId thai pve writteA noD to tho water purchaser thai tho Assodation is ill default ia the ~rformlllCC of Ul.l. of its obIiptiDDs UDder the water markctiral contract, and that tho Board bas e1ce&cd to eurebe cho fUKtloas of the wI,tioa aDder this c:oDtracr, aU moneY' due or bccomin. due and payable to the As- sociatioD bcreUDder shall be paicllO the IJolIrd, aad &he Board, ill ils own name, shall bave Ibe sole right to enforce this ClOIIItraet and exercise aU of the ripts and powen of the Association with respect &hereto, unless and until the Board .hall give written notice to &he wiler ~ thai Ibe Association itseU lDay resume the coUectign of moneys and the exercise of its powers bereunder. MODIY' then to be paid by the water purchaser to tho Board shall be paid at the of- face of such BOard ill HeleD.. Montana, or such other place as tho Board shall appoint in writing. Section 7. Tho aforaaid payments and obliptlons of the water purchaser hereunder arc for tho privilege of obtaining water 10 Ions as the water purdauer abaU DOl be in default under this contract or his rights terminated hereunder. and the water purchaser sbAll be obUptecJ to pay the aforesaid annual installmenls and perform his cov- enanb and duties hereunder. notwithstanding &he fXl that no water shall be available by reason of a shortage or other- wise, or that no water is actually taken by tho water purchaser. or that the Association or tho Board mOlY withhold wltcr from tho water purcbalcr by reaso. of his default under this contract. The obligation 01 the water purchaser to make the aforesaid payments requircc1 bereby shall be absolute and unconcJiuonaJ so long as this contra;& remains in full forc, and effect. It Is expressly understood that all the right, title and interest in and to the Project and the water riahts exercised in COMection thercwilh sbaU be and remain In the Board, and that the water purthaser shall acquire 110 risht, title or interesl iD the projecc or su;h water rights. The water purchaser shall acquire no rights or equities under this contract which will 1ft any manner prejudice the right of the Association to terminate this contract in the event that the water purchaser shall be in default hereunder. Section 8. It is understood chat without regard 10 priroity in the execution of this water purchase contract, or priority in the use of water hClCunder Or any other reason. the water purchaser under this contract shall have no pref- erence or priodty cadtUng him to receive water from the Project in advance of otber water purchasers who have en- tered Into water purdtaso contracls for water from the Project (unless such contract shall specifically provide to the contrary), all such water purchasers to have au equal and ratable right to water in accordance with the respective amounts to which they are entitled under their rcspcc:tive water purehasc contracts. The existing prior rights of the water purchaser to water heretofore appropriated for irrigation purposes &hall not be prejudiced hereby_ Section 9_ The provisions of this coDltact sball apply to and bind the successon and assigns of the res pec- live pardes. but the water purchaser shall make DO assignment of this contract without tbe wriUen consent or the As- lOCiation (unless its riabts hcreuDdcr have been terminated or water is being withheld from it) and the Board. Section 10. The water purchaser hereby acrccs that this water purchase contract covers water for domestic and agricultural purposes only. IN WITNESS WHEREOf. the Middle Crrek Water llllers' AMOCiatiotl pur8uaPl to authority from ib Board of Di. recto,. has caused this Contract tu be executed in iaa corporate name by its President or Vice.President and aUt'sled by it. Secretary or its ASiistant Secretary. and the Board bas caused this Contracl to lw. executed in its corl)qrate name and uid parties have tau&ed their respective torporate seals 10 be ,({iJloed I.......to. and ~ B. LanCloe hu laerrunto let his hand and lIeal, all on tlae day anel year firl!lt ahove written. By A TrEST: ) -~ .....'. j , j...'- '-'. ,..,/ I - A. ,../ ./-"" ~ -'.11 ,. - ,'_...:.._.:::.:...._..___<,,;....;:-.--.-_.....:-.._ ,1;""'; h -- ~et;;Y-- OI~rARTMENT OF NATURAL RESOllllCES ANU (:ONSEIW ATiON BY.J;t: - 4.. 9"'""~ Superv1SOJ:-. Y.at'E'r rroJe~t. ~, Water Hnuurcl-!I Oivision 4// ll. .k. (Soal) Water Purchaser ._ . (Scal) Witness to Sipatute of WaterPurchaser?'\ Water Purchaser " l Y J) /'~ ---+;:' . - ',. . -:--- , . ('. (( I 1(~)".1 \. Ct.-- ,_.',,, "I,_.~...._ '- \. J ~..