The Holly chieftain. (Holly, Colo.) 1897-1987, 1910-07-29

and its election to proceed th.raupnasEr'
the the Company shall file with the Dis
CURED by law. and payable TO said Dis
trtct Tor It's use, In the full sum of
Two Hundred a and Seventy Thousand
sufficient sureties to be approved nv
said Board. ny
It I. Further Agreed on the part of
the district that IN order to provide fuI-
ly for the carrying out of the provisions
OF Lnis contract and the payments of the
coass9eratons herein stipulated. and to
provide for the costs and expenses of ac
CURING rights OF way as herein provided
and f9E the other lawful purposes and
M board OF Directors of the said Dis
tn0 VII WITHIN fifteen I5) days from
r. aa e hereof. call and cause to be
Dtstrict. at which election there shall he
submitted to the legal electors of said
District the question whether or not the
In an amount to be determined and stat.
ed by the said Board of Directors, as
provided ey law. based upon minimum
and q bond issue Of not more than fortv
$4,000 dollars per acre. and that they
Will give due and proper notice of such
election and hold the same as provided
by law. and that II at such election sub
uniting the question of the issuance of
bonds OF said District as aforesaid a
majority OF the legal electors of said Dis
trtct shall have voted "Bonds-Yes'' as
determined from canvass of the votes
cast at said election, the said Board of
Directors shall Immediately cause TO be
prepared bonds IN such amount, bearing
SIX per cent. (6%) interest per annum
payable semi,annually and in series as
provided by law. and to run from the
first day OF September. A. d. 1910: and
that at the same election and upon due
and proper notice the said Board of Di-
rectors shall submit to the legal elect
ors of the said District this contract. and
the question whether nol this contract
shall be approved. ratified and confirmed
legal electors nf SaiI al,
as provided by law:
The Company hereby agrees to fur
nish all the materials. labor and appli-
ances. and to perform or cause TO be
performed. In accordance with those GER
tain plans and specifications referred
to herein, and to do and perform all
such work in this contract mentioned,
and all construction in plain, substan-
tial and workmanlike manner. The total
sitions 1. and 3, inclusive shall not
In any event exceed the sum of two mil
lion eight hundred thousanu dollars G2,-
S00,o0000) In bonds of the District. at
The Company agrees to complete all
the work and construction herein pro-
and in the manner and form aforesaid,
ON or before the first day of April, 1912.
The Company hereby expressly agrees
to turn over to the District all the res
ervoirs. bitches and works and appurte-
nances thereunto belonging. which are
the subject matter of this contract, upon
contracted for, free and clear of and
from all liens and claims of every ma
ture. against the same; arising out of la
other cause. in the prosecution of the
work.
It Is mutually understood that this
contract is executed and delivered SUBJ
Ject to the authorizStion and ratification
Of the electors of The Mammoth lrriga,
ton District. as provided by law, and
that the works and construction herein
contemplated are subject to the approval
Of the Board of Directors of said Dis
It is expressly agreed that Item No.
II of the schedule of subdivisions. enti-
tied The Sand Creek Sphon. may. at the
option of the said District. be changed
from a siphon to grade crossing. any
excess of actual cost over and above the
stated price for said item of nine thou
sand SIX hundred do. dollars *s'6oo'oo' 10
Any after acquired rights or titles per-
taining to said Irrigation system shail IN
without any additional cost to them and
in case of real estate, the proper DEEDS
Of conveyance shall be duly executed
frict and delivered to said District on
or before the completion OF the SAID con-
tract. 10000,
by and between the Company and the
District that this contract shall be "a.
ken, held and considered as an entire
and inseparable contract as to the vari-
GUS parts and portions of the construc-
fion required after said Company gives
notice to said District that they VIII en-
ter upon the third proposition IN anIs
termed the canal, and q failure 70 Toi M
plete any portion of said work snaii ~ pc
considered failure to complete sala n
riration system required by this con-
tract. ,ss,. sr.l,
be three million four hundred thousanaa
dollars ($3.400,00O.O 0) then Two h"''e snid
bond issue shall not be used for any
other purpose except in and ABOUT devel.
opire the Mammoth King Reservoir
and il, after the Mammoth h,rS ,rs IT
ervoir is developed there is 4 surplus.
NAV he used for any lawful purpose OF
It ia hereby mutually agreed and IN,
derstood,, by and b .n hnnds deposited
WITH tbe Trustee of the District unaer
the terms hereof. and the proceeds ue
rived from the sale ,r OF any shall be and
he cnnsiaered to be at all times as q
separate and distinct fund. separhtet al nr
anart from any other fund, proPe.S "
assets Of the nj rruS Trste ea' separate and
anart from its other funds ana aIsst
and subject at all times, an ana antpact
only. to the provisions provision h OF b aT'd upon
the successors in interest or hss y con n.
the narfies hereto, subject to all the CON
ditions contained herein r,. purratoire
In Witness Whereof, me eo',sef these
Da,,e,onment Company has causeu o o 70
i,rasents TO be signed by IT'S corporatte
Tame bv its President, ana us t co, Nv
eeai Ia be hereunto affixed, ,; a. .es hs,ns
its Secretary. the , sn,a and and said The
thesn,ntb irrigation District has caused
these presents to be signed py nna its
nnrnte name by its PRESIDENT ,,and at
corpoThte ~. Secretary the said officers