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Service Solicited - 2014 - Farmers Union Ditch Company, LTD - Water Delivery AgreementBoise Valley Irrigation Ditch Co. 8850 Horseshoe Bend Rd. Boise, ID 83714 (208)853 -5288 office (208)939 -2894 fax bvidcl@gmaii.com August 15, 2014 Farmers Union Ditch Co. Attn: Lisa Harm P.Q. Box 1474 Eagle, ID 83616 Re: Water Delivery Agreement Lisa, Enclosed is The City of Eagle's new Water Delivery Agreement. Please mail or email me a copy of the fully executed agreement once you guys have signed it. If you have any questions please let me know. Thank you, Megan Aubrey Office Manager Boise Valley Irrigation Ditch Co. WATER DELIVERY AGREEMENT for Boise Valley water shares THIS WATER DELIVERY AGREEMENT, hereinafter referred to as the "Agreement," is between the FARMERS UNION DITCH COMPANY, LTD., hereinafter referred to as "Farmers Union," the BOISE VALLEY IRRIGATION DIT H COMPANY hereinafter referred to as "Boise Valley," and Eno 6— , hereinafter referred to as "The Irrigator," W ITNESS ETH: WHEREAS, Farmers Union is an Idaho corporation existing and doing business under the laws of the State of Idaho for the benefit of its shareholders as the owner of the irrigation canal known as the Farmers Union Canal, together with the easements therefore, including easements to convey irrigation water in such canal, and including easements of ingress and egress for those purposes, which canal is an integral part of the irrigation works and system of Farmers Union; and WHEREAS, Boise Valley is an Idaho corporation existing and doing business under the laws of the State of Idaho as an irrigation canal company which administers shares of irrigation water, and where, by agreement:, Farmers Union delivers certain Boise Valley shares; and WHEREAS, Farmers Union and Boise Valley have an agreement for Farmers Union to carry certain Boise Valley share water in the Farmers Union canal to a certain area; and WHEREAS, The Irrigator owns /6 r 2,> shares of Boise Valley water and which The Irrigator wishes the Farmers Union to deliver outside the place of use for Boise Valley, as approved by the Idaho Department of Water Resources ( "IDWR "), but within the place of use for Farmers Union, as approved by IDWR, and which will be used for irrigation purposes and for the benefit of irrigator_ Now, therefore, for and in consideration of the payment to Farmers Union as provided for in paragraphs 2 & 6 of this Agreement, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree as follows: 1, The Irrigator agrees to use the conveyed water only for irrigation purposes and only at Fanners Union Headgate(s) today numbered 33 except as o e is p fitted in writing by f=armers Union. The irri ated property is generally located at: a�,bo [ - u � {,,ark — 1 and is included in Ada County Assessor parcel (s) umbered . 2. The Irrigator, Boise Valley and Farmers Union all agree that Farmers Union will deliver to The Irrigator's headgate 213 of the The Irrigator's share water entitled or allocated for diversion from the Boise River and that the remaining conveyance loss of 113 of the conveyed water is forthe use and benefit of the Farmers union for consideration in carrying and transporting the Irrigator's share water_ 3. The Irrigator agrees to receive no additional water allocated to Farmers Union under this agreement except as allowed by any separately owned Farmers Union shares or se .parate agreements. 4, Farmers Union is obliged to deliver The Irrigator's share water only at the same time or tames when delivering water to the Farmers Union shareholders and f=armers Union is not obliged to use checks or other means to maintain the water delivery volume in the event of lour flows from flow allocations by the Water Master for the Boise River or from canal leaks, breaches, repairs or other delivery problems. 5. The Irrigator agrees to pay Farmers Union the same total assessment and payment terms for each inch and fraction of the Irrigator's total share water as charged by the f=armers Union to its shareholders, understanding that the Irrigator may receive less benefits, as defined herein, than a Farmers Union shareholder. It is agreed that one share of Boise Valley water equals 1.02 miners inch. 6. The Irrigator is not relieved by this Agreement from payment to Boise Valley of any assessment fees, operation costs, maintenance costs and special assessments on Irrigator's Boise Valley water shares. WATER DELIVERY AGREEMENT -1 7. The irrigator agrees to pay any and all reasonable expenses incurred initially and in the future by Farmers Union for necessary and appropriate canal modifications or changes in the delivery of The Irrigator's water including professional service fees, canal size, headgates, checks, right of way and access for maintenance of the canal and facilities, and, if other water is delivered to the headgate, Irrigator agrees to pay for such expenses in proportion to Irrigator's share of delivered water. 8. The Irrigator agrees to indemnify, and Keep indemnified, Farmers Union from all claims of any landowners or shareholder for damages from the impairment of the flow of irrigation water caused by said atieration, modification or change of delivery, or any use or condition of any such facilities by The Irrigator at any time. 9.. The Irrigator agrees to reimburse Farmers Union for any costs and expenses incurred by Farmers Union in enforcing any of the provision of this Agreement, including but not limited to reasonable attorney fees and engineering fees, 10. The parties hereto understand and agree that Irrigator has no right to impair the uses and purposes of the irrigation works and system of Farmers Union by this Agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated, and that this Agreement shall be at all time construed according to such principles. 11. Nothing herein contained shall be construed to impair the title and right-of -way of the Farmers Union canal. All uses of the canal and any modification or change that may be necessary for Irrigator's ability to take delivery of the water shall remain inferior and subservient to the title and rights of Farmers Union. 12. In the event of the failure, refusal, or neglect of Boise Valley, The Irrigator, or their employees, agents, successors and assigns, to comply with all the terms and conditions of this Agreement then under the terms hereof this Agreement may be terminated by Farmers Union. 13. The Irrigator understands it may become necessary to have the IDWR approve this transfer and Irrigator will pay all costs associated with such IDWR approval, 14. Boise Valley, The Irrigator and Farmers Union agree that this transfer of water in the Farmers Union canal shall not be binding on any future agreements and that any future transfers of water will be done so by a separate agreement and on its own merits. This Agreement shall not create any precedent for any future requests for delivery of Boise Valley water or other water in the Farmers Union Canal. The coven a nts,.conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the following authorized persons signed and dated who represent Farmers Union, as authorized by its Board of Directors, Boise Valley, and The Irrigator. By: Date: President r C �tg i r 0 BY Date: Presi Th I�4 to r. B Date: v� WATER DELIVERYAGREEMENT -2 STATE OF IDAHO ss County of Ada C)rr this _rday of JLI, before me, the undersigned, a Notary Public in and for said State, personally app red 1 ri ri v � ►M , President, Farmers Union Ditch Company, Ltd., known or identified to me to be the person whose name Is subscribed to the within instrument, and acknowledged to me that he executed the same_ IN WITNESS WHEREOF, 1 have hereunto se my hand aid affyd my official seal the day and year in this certificate first above written_ /,,✓✓ // { 1 Q v..r.v r v...v..e .v !. �ti t gat s "� , Idaho R� : O� 'mission Expires:C.l AiRt U G STATE OF IDAHO SS rr�r litiy,�yw•t C1F` ��� County of Ada ' °�f•q rE off' ••� +' i " ""'BRAIN6 *0 tan this LO day of `�/� , before me, the undersigned, a Notary Public in and for said State, perssrnaliy tip tired Boise Valley irrigation Ditch Company, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same.. IN WTNESS HEREOF, I have hereunto set m ha d nd M my cffrcial seat the day and year Inn in this ce " -MICHAEL. L. SAUTEBIN NOTARTPU13 R IDAHO Notary Public Residing at r;:&'r _ Idaho State of Idaho My Commission xpires:_ , -zq, z a 12 STATE OF IDAHC } Ss County of Aria ) Qn thisday of t< c,2C7ly` , before tee, the undersigned., a Notary Public In and for said State, per;;on Ily appeared \, 'ea e known or identified to me to be the persrsn whose name is subscribed to the within nstrurent, and acknowledged to me that. he executed the same. IN WITNESS WHERE �1' � 'I W4ynto eAt my hand and ai%d my offal seal the day and year in this certificate first above . t�e1�?� kIV '!._ `I® _ G ' /, � / ., �, ••' '• r.J RY '•o ago TAY C F R I ©AHi r : 0 I ; Rr�s "tdin Idaho E- ; �• `V : CM1 Com issl n Expires: bC . i6� x V Y • '•. P ••. Q • rt00, •••••s•s••• 10 IV T*A T?' ai; 44. WATER DELIVERY AGREEMENT. 3