Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1910-07-07
such order or their maturity as may be

designated by the Company.
In the event that the Engineer OF .te
Company and the Engineer OF the Dis
trict shall be unable to agree upon ",
intent, meaning and construction OF saIu
plans and specifications or any pu PIT
thereof or upon the character Of the
work performed or to he performed mere .
| under. materials furnished or useu, OF
| the completion OF any part OF me WoIhS
and construction embraced In TINS coh-
tract under the terms hereof, or w easv
the Board of Directors OF the i's. .r.i
shall reject any estimate of such "o,N
or materials, and such rejection " uI
satisfactory 10 the conpanys isng,i,ets.,,.
the matter In dispute shall be ivtll .s.,
submitted to n Board OF A ii ,',,',
which Board shall consist OF three PEI
sons. one to be appointed by the EnGineci
OF the Company. one TO be appointed ~
the Board of Directors OF me ~. 10, 10,
and the third to be appointed by tue wv
so chosen. and the findings OF thv il,"Joi ~
| ity of said Board shall he blndlns IN IN
conclusive upon the parties het ~, ,tn,,
expenses incurred By the said Arbitration
! Board and proceedings before y. SIM,
abide the result OF the Arbitration. ~
be borne by the party against whom VINO, ~ e'' a
| finding liz rendered or In the event Of =
| finding by the Board of Arbitration wit t
shall be compromise between me e' aI,a1I
OF the parties hereto such eXpep 's's un,,a
| he borne MS may be directed by the bnarp
| of Arbitration. or the majority tllefeoi.
| 1t is expressly agreed that the coil'p"n ~
shall pay the first years in,s dii,er cd NV NV
| the Trustee prior to August l. l'ii, o." ~
the coupons numbered one ana twn n, 81, "
bonds sold or delivered by tne ! rv ss,,,,
! under the terms of this contract from
| and after August l. 1911. snail ne ue,i'
and cancelled by the Trustee before sale
or delivery. and SAG s, sahce, nIi Of s9eh
| bonds sold from and after August !. isii,
| by the Trustee shall be sold for no, less
than ninety-five per cent 81 ~, 1ro, i1 Inns Isl
| to August LIST on the unchppea eou-
pom.
| The Company shall commence the con-
struction work provided for In TINS con,
| tract within sixty days after the tlnal
decree of confirmation of the bono issue
and OF the organization OF SAID lplstrlct
and shall complete the enlargement OF
| the main canal to carry at least 100 chnlc
| feet OF water per second of time 10 INC
| division gates and shall complete the
| East lateral and the West Tor RIDGE lat-
| efal according to the plans and speGitea-
| tions on or before May !. 1911. or IN ue-
| fault thereof the Company shall forfeit
| to the District the sum OF Twenty Five
| Dollars $500 per day for each and every
day after the said first day of May 1911
| until the fifteenth day of May, 1911. ana
the sum of Fifty Dollars $4,000 per day
for each and every day thereafter that
said portion of work shall remain uncom-
pleted as aforesaid.
| The Pennington Reservoir and the en-
tire system shall be completed and turn
ed over in working order not later than
| June 30 1912. provided that after said pro-
| oesdinEs for the organization OF said
Dis;ir ict and the authorization and ratifl
cation nf said contract. Hnd the proceed
ings of said bond election have all been
examined and approved by the Attor-
neys of the Company, at the election
of the Company II may commence and
proceed with the said work without
awaiting the confirmation decree herein
provided for; but such election to so pro
coed with said work shall not relieve the
| District from its agreement to proceed
with such confirmation proceedings, as
hercinbcfore provided.
II Is further understood aud agreed
that II said irrigation works shall ,ol
be fully completed and ready 10 he turned
over TO the District Oh or before said 10Th
day of June. 1872 the Company shall
forfeit to the District the sum of Twenty
Five Dollars t$25.00) per day for each and
every day thereafter until said work Is
fully completed, as liludRted damages
for such delay. the same to be retained
and paid out of the balance due the Com
pany from the District. the $500 per day
and the 5000 per day herein agreed upon
as lquidated damages for delay in the
completion of the work shall be in full for
any damages suffered by such delay. and
the Company shall not be liable for any
delay; provided however. that in the event
the Company should be delayed in the
commencement. prosecution or completion
of the said work. or any part thereof by
the act. neglect or default of the District
or the District Engineer. or any other per
sons employed by the District upon th'
pany is not responsible. by cenera
strike of employees engaSa upon th'
work or by adverse litigation that may
involve the validity of this cont "A I q
the bonds of the District which are 10 l'
paid hereunder or by the delay of more
than ninety days in obtaining final decree
of Court In the said confirmation pro
Iceedings. then the time herein fixed fol
the completion of said work. or any par
thereof shall be extended to n periot
equivalent to the time lost by reason oil
any of the causes aforesaid
| 1t Is expressly understood AMI aereeJ
that this is contract for the sale nnt
delivery of property by the Company I,
the District and is not to be construed
or considered as contract for work pnt
labor or for construction work.
IN WITNESS WHEREOF, The Com
pany has caused these presents to b.
| signed by its corporate name by 1T
| President, and its corporate seal to bt
hereto affixed and attested by its Sec
Rotary. and the District has caused thes,
presents to be signed by It's corporate
name by It's President and its corporal,
seal to be hereto affixed and attested b,
its Secretary. in duplicate. the day an'
year first hereinnbove written
THE FLORIDA MESA IRRIGATION
DISTRICT.
w. p. REEDER. Secretary. osEAI.
lTHE PIONEER CONSTRUCTION COM
BY j. LAHRoY sLUsHER. President
CARL o. ANDERSON. Secretary. tsEAI.
AND WHEREAS. said contract involve
consideration in excess of the sum q
twenty-five thousand dollars (s25 90
and Is subject to the ratification or re
lection by the qualified electors of sal
District. as provided by law and by sal
contract,
NOW THEREFORE BE IT RESOLVED
AND ORDERED. that Il special electo
for the Florida Mesa Irrigation DistrIc
be aud the same Is hcrony called to b
held in said District on the 18th day o
: July A. ID. 1910 Mt which election tn
following questions shall he and the sam