Arizona republican., 1921-11-10

for the maintenance, operation and betterments of the reservoir and dam.
 2. The party of the second part has heretofore made an appripriation of fifty thousand (s50, .0O) dollars and 1 agrees to devote this appropriation to the purpose of constructing this dam and reservoir in accordance with the terms and conditions of this agree ment.
 3. The party of the third part has heretofore made an appropriation of one hundred thousand ($1O0, ,O00.00) propriation to the purpose of con- structing this dam and reservoir in l accordance with the terms and condi- i tions of this agreement
 4. The party of the fourth part has heretofore made an appropriation of one hundred thousand (S100, 900 00)
 dollars and agrees to devote this ap- propriation to the purpose of con- structing this dam and reservoir in accordance with the terms and condi- tfons of this agreement.
 5. The party of the fifth part has l heretofore made an appropriation of
 
 l agrees to devote this appropriation to i the purpose of constructing this dam i and reservoir in accordance with the 1 terms and conditions of this agree l ment.
 6. It is agreed by the parties to this contract that where the funds appro- l priated by them are not yet received, I that interest bearing warrants will be issued in lieu thereof
 '. There is hereby created a board j or governors to consist of five mem
 bers, one of whom shall represent and
 be designated by each of the parties
 hereto. and who shall hold office at
 the pleasure of the appointing power.
 The said board shall, as speedily as
 possible, advertise for bids for the construction of dam and reservoir
 for flood control of Cave creek. and
 let contracts therefor. They shall ap-
 point some competent engineer with experience in the proposed type of
 construction to supervise such con- struction. Said board, after the con . struction and acceptance of said works, shall thereafter manage. oper- ate and control the said dam and ! works having and exercising at all 5 times full and exclusive control of the i. times and of the amounts of water l, that shall be conserved in or diverted
 and turned from the said dam and reservoir, until the state legislature
 shall make other provision for the
 maintenance of this work.
 In the adoption of plans and speci.
 fications for the construction of tn,
 dam and works, in any subsequen . changes of plans and specification . 1 which may be necessary, in the adver
 tisement for bids, in the awarding O . contract, in the selection of an en
 gineer to supervise the construction e unanimous agreement by the boart t shall be had.
 g The construction of such dam an, k reservoir shall be let by contract t, e the lowest bidder, who can furnisl e surety bond for the completion of tn r work. The surety company shall b
 one whose financial responsibility
 approved by the federal governmen S for government work. It is provided S however, that by unanimous consen e Of the board, minor portions of tn
 work may be done by force account. , Any of the parties hereto may be il come a contractor to do and perforI f such work or any part thereof. l. In making the monthly payments t h contractors, the various parties t n this contract shall contribute to tn Q total amount due the contractor i . proportion to the funds appropriate . by these parties for this work.
 Nothing contained in this agree - ment shall be construed as a waive w of any existing rights of any of tn B parties hereto to the use of any of tn f waters of Cave Creek for irrigatio E purposes, all of which said rights ar n hereby reserved, but the enjoyment c such rights shall at all times be sub ject to the primary purpose and ex pressed provisions of this agreemen It is understood herein that sai
 board of governors shall have tn power to accept from any person c persons, corporation or corporatinl \ contributions of funds for the purpos \ of the building of the works herei provided for and to expend the sam for said purpose.
 This agreement shall extend to, | \ binding upon, and inure to the benef \ of the successors and assigns of th \ respective parties.
 NJ In witnes whereof the respectiv X parties hereto have caused thes \ presents to be executed in quintupli N cate in their corporate thames by oi \ ficers thereunto duly authorized. PARADISE-VERDE IRRIGATIO. DISTRICT,
 M By F. W. Michael, Homer c. Ludden, j. D. ROwerS