The daily sentinel., 1908-10-22

the work and furnishing all the mater
lal and machinery necessary to b
pay for ali said work. material an,
machinery in order to provide the Dis
trict with. its proposed Irrigation sys
aforesaid specifications. plans. draw
ings maps and pronleS. in considera
ton of the payment to it at the time
basis therein set forth of the sum o.
SIX Hundred and Seventy Thousand
proposal was accompanied by certi-
fled check for $4,000 as required by tht
Office of the Board of Directors of sait
District. and
Whereas by resolution adopted or
September 2Sth. A d. 1908. the Board
of Directors of the District duly ac-
makes this contract based on said spe.
profiles and on said bid and proposal
of the Contractor and on the accept
District. which severaily and respect
ively are hereby declared to be public
records: and
Whereas as inducement to the Con-
tractor to make said bid and proposals,
the Board of Directors of the District
on 9aos the 2sth day of September, A. p
lowing resolution. to-wit:
Resolved that the President.
are. hereby pledged, authorized and
instructed promptly and forthwith
upon the making of any contract
and works constituting the pro-
posed irrigation system of the Or
chard Mesa Irrigation District up
heretofore adopted by resolution
of its Board of Directors. passed
each, and every lawful act which
shall be requisite. necessary. or
eXpedient In order to hold a lawful
submitted to the duly qualified
electors of the District entitled to
vote thereat the question wheth-
authorized, ratified and approved
and also the question whether or
sue of Irrigation District bonds
having prior lien on the real prop
erty therein in an amount SUN,
property which are necessary to
be provided and furnished by the
der to enable the Contractor to
perform such contract on its part.
and also to pay to the Contractor
BILE to the Contractor Hereunder.
as well as any other sums. which
must by law be paid for in said
when and If sold as provided by
law; and also such other questions
ted to said electors in connection
with the acquisition of its said pro-
posed irrigation system. and said
Now, Therefore 1t is hereby mutu-
lily agreed by and between the Dis
rict and the Contractor. follows.
First: The Contractor shall furnish
nd pay for all materials. and ma
or all labor and services necessary to
onstruet and complete the proposed
aid plans and specifications adopted
" the Board of Directors of said Dis
rict and filed in their office at Grand
nd specifications. bids and proposals
re hereby made part of this contract
Nth like effect as If each and every
pectively set forth in the body hereof
pom premises. real estate and rights
I way to be put into possession. of
nd as required by. the Contractor for
he prosecution of the undertaking.
alton system to the District ali as
rovided in said specifications.
second; Except as otherwise pro-
ineer OF. the District of any materiais
r ma machinery furnished upon the
rate as mai and irreVocabie hei op- op
roval by the District of such mater
ais. machinery or work the case
Third: The District shall pay to the
contractor for all materials and ma
he Contractor in execution ana per,
of this contract, the gross
um of SiX Hundred and Seventy Thou
and tS6IoOO Dollars. which said sum
( $67O,000 shall be payable in manner
nd form and at the time prescribed
peciiied and declared in said specifi-
ations adopted by the District and
ald bid and proposal respectively
bove mentioned.
erein notwithstanding. this contract
hall be held for naught, unless on or
e duly declared in accordance with
, canvass OF votes cast at a lawful
lection to be called and held for the
ubmitted to them, that a majority OF
he duly qualified electors of said Dis
nd have also authorized and approved
he creation and issue of prior lien ir-
'ided by law in an amount sufficient
o pay the contractor the sum which
VII become sdue and payable to the
contractor hereunder as well as the
'osts of all rights and property which
ne District Is required to provide in
orm this contract on its part and any
,ther sums which must by law be paid
or in. such bonds or the proceeds
~ law. The Contractor shall within
en- days after this contract SHAH have
,een duly declared as aforesaid to have
'een authorized and approved by said
,lectors' enter into the bond required
1y said specifications and by the laws
If Colorado in such case provided
Fifth: Forthwith and as soon as
nay be after the bonds of the District
ave been duly authorized as above
provided the District shah at it's own
'Npense take and prosecute to CON
fusion the proceedings provided by
aw for the adjudication bv the nropef.
Court of the validity of the organiza-
ION of said District and of all subse-
luent proceedings to and including the
ssuc of said bonds. This contract
snail be also held for naught and the
'ontractors bond released. Cancelled
md surrendered. unless on or before
March 18th. a. d 1909. the District
shall have furnished to the Contractor
| certified copy of valid decree of the
proper Court making the adjudication
,foresaid. as provided by the laws OF
Colorado.
Witness the hands of the Board of
Directors of the District and its cor
oorate seal attested by its Secretary
md the hands nf ha rora