Semi-weekly herald., 1912-10-17

the best interests of all parties con-
cerned that an amicable adjustment
of the affairs of said party of the
first part be effected, to the end that
the lands adjacent to or situate with
in its boundaries and therein included
shall be free from the lien of the
aforesaid bonds and taxes, the hold
ers of its valid obligations now out
standing shall be paid and satisfied,
and the system contemplated for the
irrigation of the lands aforesaid shall
be fully completed at an early date,
and
WHEREAS, the said party of the
second part by virtue of a contract
in writing, bearing date the 9th day
of August, 1912, and duly recorded
in the office of the County Clerk and
Recorder of La Plata County, Colo
RADIO, on the 1st day of October, 1912,
has acquired and now owns all OF
the right, title and interest IF said
The Pioneer Construction Company il
saia contract of july 2, 1910, rs modi-
fed and changed by said contract of
April 10, 1911, together with ali claims
and demands, rights and causes oil
action, whether in law or in equity
now existing, or which may hereafter
arise thereon or therefrom in favor of
said The Pioneer Construction Com
pany, and against said party of the
first part, and
WHEREAS, said party OF the sec
ond part is desirous of being and
becoming the agency through which
the affairs Of the said party of the
first part shall be settled and ad-
justed.
NOW, THEREFORE, in considera-
ton of the premises and of the nu-
tual covenants and agreements herc-
matter provided to be kept and per-
formed, the parties hereto hereby mu-
tually agree each with the other as
fellows:
The said party of the first par.
hereby covenants and agrees that it
will forthwith submit to vote of its
qualified electors the question as to
whether this agreement shall be rati-
fed and approved, and upon the rati-
fication and approval hereof, it will
by proper instrument or instruments
in writing convey to said party OF
the second part all of its right, title
and interest in and to all reservoirs
reservoir sites, rights and filings, ano
all the water rights appurtenant
thereto heretofore conveyed to or ac-
quired by said party of the first part
and more particularly described in
certain conveyances to said party OF
the first part from George w. Frank
lin, said The Pioneer Construction
| Company, c. H. Brown, said George
w. Franklin and w. c. Henry re
spectively, and recorded in the office
of the County Clerk and Recorder OF
La Plata County on the 18th day oil
September, 1910, in Book ia, al
pages 5O4, SOC, sos, 502 and SOB, ant
all other water rights and filings te
which it may be entitled.
II.
Said party OF tine nrst part further
covenants and agrees that, upon sucf
. ratification and approval by its elec
|, tors ase aforesaid, it will deliver Of
cause to be delivered to said party o.
the second part, properly endorsed fol
} assignment, certificate or certiti
Gates for two hundred and five (205,
shares of the capital stock of Th'
{ Florida Canal Company, and GER
tificate or certificates for thirteei
hundred and forty (1340) shares o
the capital stock of The Florida Cana
!, Enlargement Company, which sai'
: certificates shall represent all inter
est of the said party of the first par
in the Florida Canal and the enlarge
E ment thereof as heretofore acquires
under the aforesaid contract of Jul.
2, 1910, as modified and changed b.
t the said contract of April 10, 1911.
4 III.
3 Said party of the first part fur
1 ther covenants and agrees that, upol
such ratification and approval by it
electors as aforesaid, it will by prop
e er instrument or instruments in writ
, ing assign, transfer and set over unit
: said party of the second part all o
e its rights, claims and demands of ev
t cry kind and character against sal
The Pioneer Construction Compan.
!, arising from or growing out of tn
/, aforesaid contract of July 2, 1910, a
t modified and changed by said con
/ tract of April 10, 1911, together witt
e all of its right, title and interest il
: and to any and all property, whethe
: real or personal, acquired by virtu
4 of said contracts, or either of them
e including its interest in the enlarge
5 ment of said Florida Canal and tn
f laterals thereof; and also any and al
rights which it may have, hold o
possess by virtue of any of the pro
e visions of the aforesaid agreement il
writing Of August II, 1910, betweel
/ said The Pioneer Construction Com