Williams news., 1906-10-06


 that the certain writing ma de and entered into on the first day of February, 1906, by and between the county of Coconino and l., l.. Fer rall does not fully express the in tent and purpose of the parties thereto; and
 Whereas, The said Ferrall has expressed his willingness to enter into a supplemental and amenda- tory agreement as follows, to wit:
 Whereas, On the first day of February, 1906, certain agree ment in writing was made and ell tered into between the county ot Coconino and l.. L. Ferrall relating to the collection of tolls on the Bright Angel toll road which agree ment is referred to in resolution of the board of supervisors of said county, adopted on said first day of February. 1906; and
 Whereas, It has been claimed b> certain persons, though not by tn, parties to said contract, that tht effect thereof as Expressed in said writing was to create a lease of said toll road or to best the right of con trol and management thereof in said Ferrall; and
 Whereas, It was not the purpos. or intention of either the said coun ty of Coconino or the said Ferrall in making said contract, but on tn, contrary, it was the intention ot both parties thereto u at said coun ty should at all times retain, have and hold the possession, control and management of said toll road, as well as the franchise to collect tolls thereon, and that said Ferrall should have no other rights of any kind or nature whatsoever in or to said toll road or franchise or in respect to the collection of tolls thereon, except in subordination to and under the control and supervi- sion of the said county of Coconino and the board of supervisors thereof, and solely as the agent of said county in respect to caring for said toll road and the collection of tolls thereon and subject to the super vision, control and management of said county and the board of su- pervisors thereof; and
 Whereas, It is deemed advisa ble that if the said writing evidenced in said contract does not clearly and fully express the intention of the parties in the respect referred to, a supplemental and amendatory con tract in writing should be exe- cuted.
 Now therefore, It is hereby agreed between the said county of Coconi no and the said L. L. Ferrall as follows, to-wit.
 That it is and was at all times the understanding and agreement of said parties in the making of said above referred to and in the passage of said resolution by said board of supervisors that no lease of said toll road or franchise was intented to be or was made to said -Ferrall by said contract or otherwise. It. is further agreed and understood that it was the intention of said parties in making said con tract that said county of Coconino should at all times and it is hereby agreed that said county of Coconino shall at all times have the entire possession, control, management. of and dominion over said toll road and the franchise thereto and that it was the intention of said parties that said county should have, and it is hereby agreed that said county and its board of supervisors shall have entire supervision, management and control of the collection of tolls on said toll road and that said Ferrall shall have no other control or management of, possession of or over said toll road or said franchise or the exercise thereof in any respect whatsoever, save as the agent of said county in caring for said toll road and in the collection of tolls thereon for and on behalf of said county and under the super vision, control and management at all times and in all respects of said county and the board of super visors.
 It is further understood and agreed that the services performed by said Ferrall in caring for said toll road and collecting said tolls and keeping said toll road in re- pairs, as provided in said contract, that he shall be entitled and shall retain the tolls which now are or may hereafter be established by said board of supervisors under authority of law.
 Tt ia further -undarstood end