The daily sentinel., 1908-10-07

pay for all said work. material ar
trict with its proposed irrigation sy.
tenn completed in accordance with II
aforesaid specifications. plans. draw
ton of the payment to it at the time
and in the proportions and upon tn
basis therein set forth of the, sum {
CS670.000) Dollars. which said bid an
proposal was accompanied by a cert
fed check for $1,000 as required by IN
call for bids. and is now on file in tn
office of the Board of Directors of sal
District. and
Whereas by resolution adopted o
2Sth. A. d. 1908, the Boar
of Directors of the District duly &C
cepted said bid and proposal and nov
makes this contract based on said spe
profles and on said bid and propose
of the Contractor and on the accept
District. which severally. and respect
lively are hereby declared to be publi
records: and
Whereas as inducement to the Con
tractor to make said bid and proposals
the Board of Directors of the Distric
on the 2sth day of September. A. D
lowing resolution. to-wit:
Resolved that the President.
Secretary and Board of Directors
instructed promptly and forthwith
upon the making of any contract
for the construction of the canals
posed irrigation system of the Or
chard Mesa Irrigation District up
on the plans and specifications
of it's Board OF Directors passed
on August II. A. d: 1905. to do
each and every lawful act which
expedient in order to hold a lawful
election, at which there shall be
submitted to the duly qualified
vote thereat the question wheth-
er or not such contract shall be
not said District shall create an is
sue of Irrigation District bonds
nav aaylng ben Prdpr en s ON 9h9 ai su
cient to provide all the rights and
property which are necessary to
be provided and furnished by the
District to the Contractor in or
der to enable the Contractor to
perform such contract on its part,
the sum to become due and paya-
BILE to the Contractor hereunder.
as well as any other. sums, which
must by law be paid for in said
bonds or the proceeds thereon
when and If sold as provided by
law; and also such other questions
as should then properly be submit
ted to said electors in connection
with the acquisition of it's said pro-
posed irrigation system, and said
bond issue.
Now. Therefore. it Is hereby mutu-
lily agreed by and between the Dis
rict and the Contractor, as follows.
First: The Contractor shall furnish
nd pay for all materials. and ma
hinery and do and perform nnosInr and pay ~
onstruct and complete the proposed
irrigation system of the District upon
aid plans and specifications adopted
Y the board of Directors of said Dis
rict and filed in their office at Grand
junction.. Colorado. which said plans
re hereby made part of this contract
nth like effect If each and every
art thereof was severally and re-
pectively set forth in the body hereof
pom premises real estate and rights
( way to be put into possession of
he Contractor by said District when
nd the delivery of the. completed irri-
alton system to the District all as
Second; Except as otherwise pro-
ided by law the approval by the En-
ineer Of the District of any materials
r machinery furnished upon the
or of any work done shall OPP
rate as final and irrevocable APP
roval by the District Of such mater
I5s; ay %aen'nery bel or work as 'ne case
Third: The District shall pay to the
linery furnished and labor done by
lie Contractor in execution and per
of this contract the gross
md tss70.O00) Dollars. which said sum
T SG70.000 shall be payable in manner
nd form and at the time prescribed
pecified and declared in said specih,,
atoms adopted by the. District and
aid bid and proposal respectively
bove mentioned;
erein notwithstanding, this contract
hall be held for naught, unless on or
efore November 3. A. ID. 1908, II shall
e duly declared in accordance with
canvass of votes cast at lawful
lection to be called and held for the
urpose of passing upon the questions
ubmitted to them. that a majority Of
he duly qualified electors of said Dis
rict entitled to vote thereon have au-
horized and approved this contract.
nd have also authorized and approved
he creation and issue of prior lien ir-
igation bonds of said District as pro-
ided by law in an amount sufficient
o pay the Contractor the sum which
viii become due and payable to the
hereunder as well as the
osts of all rights and property which
he District is required to provide in
rider that the Contractor may per-
orm this contract on its part. and any
ther sums which must by law be paid
or in such bonds or the proceeds
hereof when and II sold as provided
" law. The Contractor shall within
en- days after this contract shall have
'een duly declared as aforesaid to have
'een authorized and approved by said
lectors, enter into the bond required
" said specifications and by the laws
Il Colorado in such case provided.
Fifth: Forthwith and as soon as
nay be after the bonds of the District
lave been duly authorized as above
the District shall at its own
Npense take and prosecute to con-
lusion the proceedings provided by
aw for the adjudication by the proper
'ourt of the validity of the organiza-
ion OF said District and of an subse-
Iuent proceedings to and including the
ssue of said bonds. This contract
hall be also held for nauEht and the
bond released, Cancelled
md surrendered. unless on or before
March 18th. a. D. 1909. the District
hail have furnished to the Contractor
certified copy of a valid decree of the
roper Court making the adjudication
forcsaid. as provided by the laws OF
Colorado.
Witness the hands of the Board OF
Directors of the District and its cor
,orate seal attested by its Secretary
ind the hands of the President and
Secretary of the Contractor and its
corporate seal the day and year first
bove written.
ORCHARD MESA IRRIGATION DIS.
BY FRED w BARBER,
n. V. FOSTER