Arizona republican., 1896-06-16

party of the first part agrees to take, accept and execute such deed, subject to the conditions, covenants, rules, reg ulations, limitations and qualifications in said Exhibit "A'' set forth and coH- tained-such deeds to be attached to the land horeichefore descrihed be- longing to the party of the first part, as said party of the first part shall des- ignate, until water right deeds shall have been issued for all of said lands.
 It is further covenanted and agreed by and between the parties hereto that after the water rights hereinbefDre provided for, are earned by said party of the first part, then as soon as the labor of convicts at the rate of 70 cents per day, for each days labor amounts to sixteen hundred (s1 ,6O0) dollars, the party of the second part shall issue water right certificate for one eighty (S0) acre water right.
 The. form and language of such eer- tifcate shall be, as near as may be- that of Exhibit ''B'' hereto annexed, which is hereby made a part of this agreement
 It is further understood and agreed by and between the parties hereto that the party of the second part is to have the privilege at any time, of paying to the party of the first part 70 cents per day in cash for each days labor per- formed in lieu of the issuance of water right certificates; and should the party of the first part desire at any time 10 sell or dispose of any of the certia- cates for water rights aforesaid, the party of the second part shall have Inc option of purchasing the same, at a rate not less than they could be sold by the party of the first part to other parties.
 It is further stipulated by and be- tween the parties hereto in considera- tion of the covenants herein contained. that the said party of the second part is to use such of said convict labor nn> der this contract and lease as it may, from time to time require, and such party of the second part need not con- mence to use any of said labor sooner than five months from the date hereof.
 It is further stipulated and agreed by and between the parties hereto in consideration of the covenants herein contained to be performed by each of the parties hereto, and in considera- tion of the convict habor herein men tioned, that the lease of the lands here in described shall commence on and from the day when water shall be coR- ducted in the canal of the party of the second part to lands, convenient for the said water to be conducted upon the said lands, hereinbefore described ani shall terminate ten (10) yearsz thereafter; and that the party of the second part, shall pay to the party of the first part as rent therefor, an an ntGsll sum to be hereafter determined upon in cash, or at the option of the party Of the second l.art, one-half of the net products od tho said lands, pro- vided, however, that the said lease shall commence to TUE r1 tn four years from date.
 t is further agreed, covenanted and declared that these presents are made, executed and delivered for the best in teresyts of the territory of Arizona, and for the purpose of furnishing employ ,,ne1t for the inmates Of the said ter 'rttorial prison-the labor of said in- mates being not required upon any buildings or properties of any instftu- tion of the said territory.
 IL is further understood and agreed that the continuance and maintenance of this contract by the party of the first part or its successors, during it's entire term, is Of the essence therecfr and that the right and privileges which accrue to the party of the first part hereunder, shall he subject to and COZ tiGgent upon it's full, entire, and faith ful performance, and shall be forfeited and defeasible in the event Of any sub stsrnIial, persisten. CT Wilful breach thereof.
 It is further understood and agreed by and between the parties hereto that it is not intended in this contract ana lease to do anything contrary to act No. 19, of the Eighteenth legislative as- sembiy of the territory of Arizona, passed March g, 1895, and should this contract or lease in any manner con- hict with the aforesaid act, such part 50 conflicting shall he null and void and those parts not conflicting with said act shall be and remain in full force and virtue, it being the intention of this contract and lease to comply with the above act in every respect.
 In witness whereof L. C. Hughes, governor of the territory Of Arizona; c. r. Leitch, auditor Of the territory of Arizona, and M. H. McCord, consti- tutlng the board of control of the ter ritoIy of Arizona, having hereunfo set their hands and seals this day and year, first above written, and the State Of Arizona Improvement company, have caused it's corporate seal to be affixed hereto and these presents to be sub- scribed in it's name by it's president.
 pSigneO The Territory of Arizona. by Louis c. Hughes, governor; c. P. Leitch, auditor; M. H. McCord, Terri