Rogue River courier. (Grants Pass, Or.) 1886-1927, 1910-07-01

said option, and the second party, IN
order 10 fully effectUate this trans
fer does furthermore covenant that
il will execute any other and further
conveyances and assurances Of title
on demand OF the first party which
may be hereafter required by the
first party in order to invest it fully
with all the rights which the second
party has heretofore had under said
option, provided, however, that
should the second party exercise its
option of purchase herein contained
and otherwise comply on its part
with all the conditions to be per-
formed by the second party up to
and after it's election to exercise its
said option, then and in such event
the first party and its successors will
and shall re-transfer unto the second
party the said options and any and
all rights and interests that may have
invested in the first party pursuant
to the provisions of the same, In
order that the secon l party may full
" perform the conditions on its part
heretofore set forth; such perform
ance and the benefits to accrue
therefrom unto the first party, as
well as to the water users Of said dis
tricts and to any corporation, public
or private or unincorporated associa-
tions of said water users that may
be by them organized hereafter, be-
ing deemed and here fixed as good
and valuable consideration for such
re-transfer.
The forty day period OF this Op-
tion is so fixed for the purpose of en-
procure contracts with prospective
water users for future irrigation
within said Districts and the second
party covenants and agrees, in con-
sideration Of said option, to proceed
vigorously and with diligence in the
procuring, or attempting to procure,
contracts with prospective water
users, containing substantially all
the provisions in favor Of said water
users, contained in the proposed
form Of water users contract, attach
ed hereto and made a part hereof
and marked Exhibit A" And should
contract within said period of 40 days
be signed up by prospective water
users within said districts. aggregat-
ing and representing 10000 acres of
land then at such time the second
party shall pay unto the first party
the sum of Five Thousand ($5000)
Dollars, lawful money OF the United
States of America, whereupon all the
other additional rights herein pro-
yided in favor Of the second party
shall be deemed to become vested in
H. subject, however, to all the obliga-
tions and conditions hereinafter set
forth; but, on the other hand, failure
on the part of the second party to
pay the said sum of Five Thousand
$4,000 Dollars on or before forty
days from this date, or at such prior
time as II shall have procured the
Aforesaid contracts covering 10000
acres Of land as aforesaid, then and
in such event this option shall be
deemed to terminate and to be null
and void and thereupon all the
rights of the second party hereunder
shall Immediately cease and termin-
ate, free Of any right, claim or equity
OF redemption In the second party
and any and all consideration re-
ceived by the first party for said OPP
tiOn shall be retained by the first
party absolutely, free OF any right,
claim or equity in the second party.
Should the second party comply
th the conditions on its part in the
foregoing option, and pay the sums
of money aforesaid within the times
herein limited, the second party shall
thereupon be entitled to acquire all
rights OF the first party in and to
the property, rights and franchises
heroinbetore set forth and described
for the consideration and upon the
payment Of the further sum OF Forty
Thousand ($iO,000) Dollars. lawful
money OF the United States of Ameri-
ca, TO be paid unto the first party. as
hereafter set forth and conditioned
upon its performing all the other and
further conditions upon It's part, not
only In favor of the first party. but
all other parties, associations or cor
porations, public or private, and pres
rut or prospective. as herein enumer-
1tcd and referred to- Said sum Of
Forty Thousand Dollars CSi0,00Ol
shall be paid unto the first party I'm
lnslallments as follows, Twenty
Thousand Dollars ($2O.O00l January
y 1911 and Twenty Thousand Dol
lars 100000 January ., 1912.
iluo being In an thincs herein CON
aincd the essence Of this aerccmont
Nnd the second party shall COM
w'nrc the construction of an irrire-
''on system for said districts and
carry the same 10 completion ms hero.
matter moro particularly set forth
and specified, viz
The second party shall. ON or
before August I, 1910. commence the
construction of an irrigation system.
including one or more dams ON
N'.ug river for furnishing bower
'od o. rsiou for humping water
''uN said river sufficient. with any.
other supplemental storage and gray
I'' system, To- irrlgate not less than
''.ooo acres of land within the aforp.
tNid districts which said dam or
dams shall furnish power Ia raisc
aoid water 90 height sufficient to
lfrlsate, with said supplemental stor-
age ANA gravity system, all of snid
lands under a ditch of sufficient cle.
Walton to- cross what IL known as the
Norlu Divide at approximately the
n'lnl ol what Is known as the i2tS