Imperial Valley press., 1913-10-13

Station 1850, together with the rights
of way appertaining thereto, and to-
gether also with any and all rights
of way which first party may have or
obtain for said canal northward from
said Station 1850; the party of the
second part to accept assignments
and the grant deeds of the party Of
the first part therefor, without furth-
er assurance of title. Also, to trans
fer to said second party the like two
fifths proportion of all rights to the
service of the Allison Heading and it's
appurtenances.
The conditions upon which said Sec
ond party has made the said agree
ment to sell and convey, are as fol-
lows, to-wit:
L. Said second party shall pay, or
account, as hereinafter provided, to
said first party, for the portions OF
the cost and expense incurred in said
construction, as follows:
(a) Two-fifths or 40 pc rcent of the
sum of $50, the cost contributed
by first party for the construction of
the East High Line Division of the
Allison Heading, and it's appurtenanc-
es
(b) Two-fifths, or Az per cent, Of
the cost of the pre- eliminary engineer
ing surveys and incidental expenses
and Of rights Of way of said canal,
from Allison Heading to Station 1853:
also, the entire cost of engineering
and incidental expenses and rights of
way, for the portion of said canal be-
tween Station 1458 and Station 1850
(c) Two-fifths, or 40 per cent, Of
the cost of construction of the canal,
from Allison Heading to said Station
1853, not including concrete struc-
lures, checks, or delivery gates there
in; also all the cost of construction of
said canal northward from Station
1850, including the concrete structur-
eS.
(d) Also such increased cost of the
concrete checks and structures in the
main canal, between Allison Heading
and Station 1853, as become necessary
by reason of the increase in the size
of the main, to admit of carrying 359
second feet of water, for use of the
second party.
(e) The amounts to be accounted
for and paid by the second party, as
provided in subdivisions (b), (c) and
(d), shall be ascertained and deter
mained by the engineer of the respec-
tive parties hereto.
2. The said parties further agree
that the cost of maintenance and op-
GRAFTON of the section of said canal, SO
to be held in common, shall be divided
between them in the proportion OF
three-fifths to be paid by the first
party, to two-fifths to be paid by the
second party.
Said second party agrees that, so
far as possible, it will exchange
shares of its capital stock for a like
number of shares of the capital stock
Of the first party which have been is
sued, or for which warrants have been
issued, located upon land within the
territory of said party, and that it
will transfer to the party of the first
part all stock and warrants for stock
so acquired, and first party hereby
agrees to accept from second party
the stock so acquired by it, and to
credit said second party with the
amounts at and for which said stock
was sold by first party.
The parties hereto agree that the
water delivered to them at Allison
Heading by the receiver Of the Cali
fornia Development Company, or his
successor in right, shall be distributed
to the respective parties in accordance
with said deliveries, the loss of water
by reason of seepage and evaporation
being apportioned according to tee
amounts so delivered, and neither the
said receiver of said California Devel-
opment Company, nor his successors
in right, shall be held responsible for
the apportionment or distribution Of
water among the parties hereto, after
delivery through said Allison Head
ing. Provision for maintaining the
portion Of the canal so held in COM
mon, and the superintendent of
measurements fthe water delivered
to each party shall be provided for by
the concurring action of the boards
of directors of the parties of the first
and second part.
Said first party hereby agrees to
construct a main telephone line along
said East High Line Canal, from ALI