Imperial Valley press., 1916-01-04

companies, or eltnef OF them, be owned
by the said Imperial Irrigation Dis
trist, said District agrees to procure
such conveyance to be made and de-
livered to the Southern Pacific Com
pany or it's nominee; said conveyance
shall be subject to any rights con-
ferred upon the Imperial Irrigation
district in or to the lands in Mexico
reserved to said District under the
terms of this agreement.
Nothing herein contained
shall be deemed a conveyance or an
agreement to convey to the Imperial
Irrigation District any interest in OF
to any railroads or rights of way OF
station grounds owned or operated by
the Southern Pacific Company or In
ter-California Railway Company in
Imperial county or Lower California,
and in the event that the title to any
right of way or station grounds owned
or operated by the Southern Pacific
Company or by Inter- California Rail
way Company is defective because of
lack of conveyance from the Califor-
MIA Development Company, the Imper-
ial Irrigation District will cause such
conveyance to be made as will quit
claim the title to said right of way
fifty (5O) feet in width on each side of
the center line of said railroad, to-
gether with necessary station grounds,
provided that in those places where
the railroad owned or operated by the
lSouthern Pacific Company or the In
ter California Railway Company
crosses the canals of said irrigation
system, or where it may be neces-
sary that crossings be constructed
either for any of said canals of the
said irrigation system or for said rail-
road, the Irrigation District comedies
such right of way for such railroad
to the Southern Pacific Company and
the Inter- California Railway Com
pany, and the Southern Pacific Com
pany comedies similar right of way
for such canals and engages that the
Inter-California Railway will also
concede such rights of way, it being
agreed that all such crossings are
matters of necessity and that they
shall be made in such a way and aft
er such notice as will cause the least
possible damage ard injury to either
and will be so constructed by the party
constructing such crossing as to be
safe to the other. The party requir-
ing any new construction of crossing
shall bear the expense of construct
ing same and each party shall bear
the expense of maintaining their re-
spective railroads or canals at such
crossings; provided, however, that the
words operated by the Southern Pa
cific Company or by the Inter- Cali
fornia Railway Company shall not
be deemed. to include railroads con-
structed by the California Develop
ment Company, or the Receiver, and
operated along levees of the canal
system.
Eighth-The Imperial Irrigation
District agrees that it will, upon the
execution and delivery of this agree
ment, duly cause the proper resolution
and notice of sale of the bonds Of the
Irrigation District of the aggregate
par value of $3,OOO,O0O to be given
and that sealed proposals will be re-
ceived by the directors of said Irriga-
tion District at their office for the
purchase of said bonds until the day
and hour named in the resolution and
that at the time appointed the board
shall open the proposals and award
the purchase of the bonds or any pOr-
ton thereof to the highest respon-
sible bidder or bidders, subject to its
discretion to reject any or all bids,
and the said Southern Pacific Com
pany agrees that it will submit pro-
posal to purchase at par said bonds
of the aggregate par value OF 81 200,
900, subject to the terms and condi-
tions of this agreement, and the said
board of directors agrees that in the
event there are no higher or equal re-
sponsible bidder or bidders for said
bonds or any portion thereof, the said
bonds shall be awarded to the South
ern Pacific Company. If all said bonds
are awarded to the Southern Pacific
Company under it's bid as provided
herein, the par value of such bonds
shall be applied in payment of the
purchase price agreed to be paid by
said Imperial Irrigation District fol-
all property and property rights to be
transferred by the Southern Pacific
Company to the said Imperial lrriga'
ton District under this agreement. lr
the event that all or any part of the
bonds thus advertised for sale are
awarded to an equal or higher respon
sible bidder in cash for said bonds