C ONTRACT. o0o
• THIS MUTUAL CONTRACT AND AGREMEIT, entered into this 27th day of April A. D. 1909 by and between The Farmers! Union Ittigation Company party of the first part and D. S. McGuughey
party of the second part,witnesseth:
That the party of the first part does hereby grant to the party of the second part the right and privelege to cross over its main Canal on the North—west Quarter of Section numbered Thirty—one of Township Forty North, of Range Seven East of the New Mexico Meridian in Rio Grande County , Colorado with a water flume two feet wide, one post for support of said fume to be set in the center and no more in said Canal, and
at all times the flume shall be above high water mark in the Canal, estimated by the Canal's greatest capacity and the party
second
of the Mgt part agrees to hold the party of the first part at all times harmless from any damages or loss to it or its successors by reason of placing said flume across its said Canal, and that the party of the second part will make no claim for damages in case said flume should be burned up by accident by the employees of the party of the first part in the burning of thistles or other necessary fire.
And in case at any time the party of the first part its successors or assigns should enlarge said Canal, the second party shall at his own expense lengthen said flume or reconstr— uct it as necessary.
IN WITNESSETH WHEREOF THE PARTIES HERETO HAVE SUBSCRIBED THEIR NAMES THIS 27th DAY OF APRIL A. D. 1909.
THE FARERSt UNION IRRIGATION COMPANY
-ATTEST By
Secretary President.
•
•
August, 5, 1913 Mr. Frank C. Goudy Symes Building Denver, Colorado Dear Sir:The San Luis Valley Irriration District Lave purchased the steel rnd cdment for the siphon under your Canal. 'where the Farmer's Union Ditch goes under it.
This structure will cost in the neighborhood of- 1,et, thousand dollp2s 2nd it il1 require cone little tine to install it. They inform us that they submit:* ted the plans and opecific-tions for this, to you some tine 'go, nnd they would like to berin the preparation of the site during the next week at the latest.
The Board are under the iltpression that you romised them to prepare or: of yontrnct covering the right c) way, and would submit it, but they say they have heard nothing from you. Wish you would kindly take this natter up our earliest possible convenience and send us your for of contract.
An early reply will be very much aprreciated. Yours very truly
CORLTT & CORLITZT By
OFFICE OF
MONTE VISTA CANAL CO. COLORADO VALLEY LAND CO. RIO GRANDE LAND & CANAL CO.
Subjea:
Mr. 2rack q. 3'lvester, Pres.,
JOEIN MACARTHUR, SUPERINTENDENT
MONTE VISTA, COLO., Fob. 7, 1 912
San Lni2 Vaile7 Irrigation District.
Dear Sir:
Colorado.
'This is to ca1l the attention of 7ourself a-n( o7 no aT)ove , t_strict to the ad
:7-:'ilon or water my unJer the 1-C Lateral
19
Iio rI'C Lani Canal Comrany's system.
• . -.1t 1.)e re-nairea a7..71,1 strengnorod before in
the irriation sets /or else it will break do77n an cause us, ar,d our ,-;ater users, a great deal of damage. Please give this matter your rroimt atention.
Yours vol.-7 truly,
THZ ILTO 7=-19:7 7,11.1D OiIiL.L CO.,
k_
Th('
Manger. P. S. Please let ne hear from .jou on the telerone bill or
Mo•
TLIJ AGRIMVENT, Made this 7th day of August, A. D. 1913, by and between The Rio Grande Land and Canal Company, a
corporation, for convenience called The Company, party of the firct part, and The t;an Luis Talley Irrigation District, for
convenience called The District, party of the second rnrt. -1TNe==h; That in consideration of The District having paid to The Company, fifty dollars ($50.00) the receipt whereof is hereby ackno*ledged, raid in cor‘sideration of the covenants to b- kept end performed by The District, The Come !,rmy hereby grants to The District a permit me license to
build, operete and maintain at its own expense, a siphon under Lateral No. 1.C, owned and used by The Company, at the herein-after described intersectio of the Ditch of The District with the zeid Lateral Lo. leC of Tlx.. Company, which point of inter-section beers north 09 18' -est (f:egnetic Course) about One Thousand lUght Bundred and . i.ghty-four 'eet(1884) from the northwest corner of eection niL.bered Twenty-one( 21) tranship forty(40) north of range seven47) Geld point of intersection being located In 4 e north-west ter of spid
as shown on plat hereto attached marked Exhibit "A". section t,?enty-one (21), .Lite said siphon is to be eonetructe ed, operited and ,.:aintained so as to leave the grade elevations
raid rate of fall of said Lateral No. 1eC as they are now es-tblished, and shown on the profiles of the Comrany, to-wit:.
Twoetenths(2/10) of a foot per hundred linear feet, using the floor of the hendegate of Lateral No. 1-C-1 as now built as a datum, and ascending thence up said Lateral No. LC at the aforesaid rate of fall, to the seid roint of crossing and intersection, and so ee to leave a clear rectangular water wey. of thirty-two (32) feet in width, and fourt4) feet in depth in the clear. The District shall and rill, forever, maintain and from tine to ti n.e repair, rebuild, and renew as ocaczion
-may require,: the said siphon -o that at all tie s (except such interuptions as nay be reaconbip necessary to repair such structure) The Company may and shall have and enjoy the full flow of water for the full width and depth aforesaid, through said Lateral No. 1-C of The C ompany without obstruction thee. of or interference therewith, except at aforesaid, by the Dist. riot constructing, operating, and maintaining its said siphon.
IT M FUET11:11 Exyr t11LY AnWIED AND UNDIIETOOD, That if The Company shall at any time within an irrigation season be delayed in running and opting its said Lateral No. 1-C, for more than forty-eight (48) flurs at any one time, by reason of such structure or any part thereof, failing or by reason of The District breaking or washing out any embankment or part of said Lateral No. 1-C, or obstructing the use of said Lateral No. 1-C in any way or manner, then for such delay as aforesaid, The District is to pronptly pay %o The Company, on demand, as a penalty therefor, and in additin to such dranags as may be
thereby cnused to The Company, by The District, the sum of Twenty-five (25) Dollars rp.,r day, and The DistrirA further rgrees.
if its said structure or the oerticn thereof or the operntion of its daid ditch, Shall at ri.y time interrupt or obstruct the full and free use of said Lateral No. 1.C, by The Company, for a period exceeding twenty.four (24) hours in any irrigation eQa-son, then The District is to forthwith cut or permit The Company to cut the dykes or embankments of its raid ditch, and to do whatever may be necessary to permit tl:ie flw,T of water in said Lateral ho. 1-C to go on without further delay or interruption
raid the expense cy all such cutting and opening of a chp.nnel and waterway for said Lateral No. 1.0 is to b borne by The District; And The District is to forthwith shut off the water in its ditch, or. permit The Company to shut off SEVre s so as to enable The Company to cut or open up a tampormry waterway as aforesaid.
.3..
IT If; X1Li4Y AGRUD AFT) lini7I PrOOD That
The Comprmy is not to assume, and is not to be held to any reel, ponsibility in the design, cot,struction or maintenance of said siphon, or any renewals thereof, and does not rtify or sr-rove vuch struct/ase, either itv den, or corrtrostion, 4,n1* The Dist-rict hereby nsuumes th ntire resposibility of esigning, cone ztructine aLd keeving in repair, operating Rird renewing, from time to time such otrucut as ocaesion nay require. The District
further covenants mnd agrees ':ith The Company that within a roe.-sobable time after the conpletion of said siphon, The Dictrict remove from said Lateral No. 10.C, that certvi; structure , nd sip. hon hc etoftire corstructed rind 0,-erted by The District tInd its predecessor, The Tarmerls Union Ditch Company, and located at the junction of the ditch of The District with said Lateral No. 1.00 at a point about one thousand eight hundred zInd sixty eight (1868) feet suth 270 50 orlot (Magnotid Course) from northweTept or
(location of which is also shown on said Exhiblt "A"),
ner of ,x;aid section twent-onek21),and while Luen old siphon is A
left in place the District will keep the oame in such condition as will not interrupt the use of tl,,Ud Lateral No. 1..0 by The Con* 1)any, and will fter same is removed, tbrocktiamdadtadddc immediatel resotre and put in thorough repair the banks of said Lateral No. 1 at said la.t mentied Toint of intersection, 1,.o as to permit the op-rtion by The Company of said Lateral No. 1..C, at said point of intersection to the capacity as hrerin above described.
The Company
akso
hereby premits the District to temporm. srily diY,aet the water frlh said Lateral. No. 1.41 by taking the same through: a tamporary channel to be constructed by The District rround the point of intersection whore said new siphon is to be built, so as to enable The District to proceed with the saidwork
of construction, and when said siphon is cotapleted, The District ,4111 promptly put said Lateral No. 1. 0 in thorough repair, at the p int or points where such temporry diversion is rrorosed to te nad00
0,400.
IT Is ';'unT.14,ti FJOIC:S57,4 A(7,11) ATULD21=,,i0D, That the execiltion anfi delivery of ',hie eon,r4ct is in no to relieve The District frol any anri all liability tat nay now exist, or that nay hQ7'ov.fter ariqe in favc-:' or The Company, up
to the %ime The District ohnli hve reoved ;n -.kid old ciThon r ctorod the hanLe of 1.41t(Iral No. 1-C tt., heretofore pro-vided undrkr and by virtue of 1.211t certain . ,tgreenont heretofore made and entored into by and between The Company and The Far. mere' Union Ditch Company, predecessors in title to Tho District on to-wit, Povenber nth, A. P, 1897.
All and siLgullr the covenants, co ditions and pro viaons hereof, ehall bind ari,. apply to the sucePssore and ausi of each pnrty,
1.3; -H 'ort The said The Itio nrnnde Lnnd Gnd Canal Company, hind the said The -an Luis Valley Irrigation Dist. net, )1ave caused these reent io be cubcri'r*,d by their re. ET:ctive corporate name4, by. their 7esrectivc identE, nd caused their respective corporr,te nc;as to be hereunto affixed, by their reppective secretaries, the clay arm year first above written.
•
•I•1•,
.IC C. r• );AE7:1 Al;:r1 CAAL COMPANY fly
TIE SAN LUIS. VALY 7487-neT
TAT. O COLOADO
4':*0
CtUNTY OY EIO GEANT2
.5.
7,efore tbe undersigned, a Notary l'ublic in r.1.- d
for
the said County of Igo Grande, this day personally caoe FrLnk C. Coudy, Iresident of The Rio Grande Lind & Canal Campn.ny„ and perr,onally known to me to he auch officer and the came r)ercon, who in the orme of srAd corporntion, executed the forogoing in strument in writing and acknowledged t.te oame to be the act and deed of said corporr,tion, on the 7th 1.tiy of August, A. D. 1913.a 711i70?, have hereunto set my hand and NotArial .cal this 7th day of August, A, D. 1013,
Notary lublic Ly commissi pires
WTATi OP COLOPADO
uo
GRAFDA C(UNTY ).06.110
Before the undersigned, a botary Public in and for the s id County of Rio Grande, this day personally came Prank G. 41vester, l'resident of The an Luis Valley Irrigation Dist rict and personally known to me to he such officer and the same person who in the name of said corporation, executed the fore. going i!istrument in writing v„nd acknowledged tin, same to be the act and deed of cald corpor7tien, on the 7th dv,:y of August,A,D. 1913.
111 i.1,,, I have hereunto se$ ray hand and ;Ilotarial 1,ea1 this 7th dry of Au
If'
-._.-AirAge.
Uy comtaission exvire
1.13,.
lotary Tunic
•
910.119
r%) 111 • \) /4 9 , 1 1 4) CI) 15 CC> r— / 7 ''100.73 Bolt VVitt7Oirfr Mit' on S W corner of Flume. /9 20 13.!\1. = 100.00\ 21,..5.i u..?re spike
\ in west post of H.G. win,i,.; /6 - ilre0,, \ „I" ,...'c),> 0 6, iv
PLAT
OF
FARMERS U11011 CROSSING
WITH
LATERAL NUMBER 1-C.
of
.4, RIO GRAF-IDE. CANAL SYSTE-M
CIZ) 1
COURSES MAGNETIC CCALE-• / N ./00 1 C.,J
a) MARCH 2/ ?I? ./!: _/:(:96 pi 7 — /E.; - 8 22+7/-20 2/ 22 4",3
.4(ia/Taley , Yres ident &Amager
•
14 0 E I., CO. TH I, ENVER
<1,94'14 ecAar;,4201.107:
s."4,,,ea/dfew
c_(-Mel-r4reek)74;16/.--( e6milair, 4(e-. "CM0k—CVM(//a/Tedeattleele(W2fre47,,;//ylk./.W)/ -rovq,cegee
XefoiteJ l'Attsic&r,Messrs. Corlett and Corlett, Attorneys at Law,
Monte vista,
ablo.
Gentlemen:-(evwle; August 14, 1913.
As per arrangement with your Hr. George Corlett, I herewith hand you a copy of the contract that has been agreed upon between our Rio Grande Land Canal Company and your San Luis Valley Irrigation District with reference to putting in a siphon across our Lateral 1.1. Please notice the map or plat which I have had blue printed showing the description. I have sent the other three copies to Hartford for execution. Please send me the district's warrant for the $50.00 as soon as you can, and oblige, because I have represented to the company that you would, as shown by the enclosed carbon.
Yours very truly,
Manager. G/H
L.R. f'acher, Ass't. Sec'y., Tho Rio GranCe Land (:') Canal
Hartford, loin. Dear Sir:
the
AuGust 15, 1913.
In 1888 T s as neceivor, entered into a contract with tirmers rnion Ditch Conpany, perrlitting the conpany to put a
flune across our Lateral now known as 1-0. Sono years afterwards they asked for a change in the contract so as to permit them to put it a siphon, Which wgs situated r, little lower dawn our Tataral than the fInne. After trying this out for some years they fornd it won be best to reanne their old crossing an put in a siphon, so after considerable correspondence and Trite _en..;7;thy confernce betwesn the Board of Directors of the an Luis 7al1ey District, successor to the Farmers Union Ditch Company, and now owning the Farmers Ditch or Canal, T. have areed upon the enclosed contract which I Send. you in triplicate, signed by nyself as Tresident of The Rio Irando Land. Canal Company, If it neets with your approval please atteSt as Secrfltary and return by early•nail, end oblige.
all your attention to the fact that the San This -valley Irrigation District is to pay a conpideratien of .50.00 before this contract becomes effective, and .lessrs. Corlett and Corlett have
'assured ne that the amount will be paid. The N30.00 is collected for the expense and the time of our engineer in looking over the point of crossing and preparing a plat Which is attached to the contract' showtng,
the point of the crossing, and to cover my expenses and the tie spent in attending t, this natter for the benefit of the San Luis ralloy Irrigation District, also to pay the recording of the contract and to pay for blue printing the nap attached to the contracts. I think the contraut is nutually Lair. If you and it so please retrrn at at early date as the San Luis Valley Irrigation District people want to have the natter closed so they can proceed with the work of building
their now siphon whiCh is to be of concrete, and which the desire to put in before freezing weather comes.
veiT truly L-ours„
Manager.
Enos.
At the office of The San Luis Valley Irrigation District, in the town of Center, in the County of Lcagueche, i-otote of Colorado August, 4th, A. D. 1913
The Board of Directoro of The San Luis Valley Irri-gption District ret in special sessioo at the offi e of the District for the transactiol of such business as might pro-Tocrly come before the Board, and thore were nresent:
Frank G. Sylvester, President
L. E. Sims ecretary
Charles Spicer, and
horns B. Morgan, und Directors George Y. Corlett Attorney
and the followinc proceedfns were had, nnd entered of record: The President of the Board then stoted generally, the object of the weeting, and the Board then proceeded to discuss the o,Avisability of entering into a contract for the purchae of a right of wy from C-, W. Ickes, through the northwest quarter of ection trinety-one(21), township forty(40) north of range seven(?) E.N.Y.F.N., in Rio Grande County, Colorpdo, and the site of the new siphon which. the Board had under contempla-tion, under what is known as the Rio Gr. nde Canal, The Pres-ident of the Board stated that he had a consultation with Yr. Ickes in regard to this rigYt of way, and also had comruted the a,'ount of acorage -lich would be required, with the iiot-riot tngineer, and that at theitime he had taken down a memo-:vandum of what /Ar. Ickes had agreed to do in regard to the right of way, of which the following is ' true copy, to-wit:
July, 28, 1913
Agreed with C. W. Ickes on line of ditch through N.W. * sec 21-40-7, to ho by way of old line of P.U. Canal to accomodate new siphon otructure for agreed nnice to Ickes of
.;)400.0G said right of way to be granted by deed Fro, intersection on Tresent line of ditch at both ends, and to be 100 feet in
width. Ibkos to appear before hoard and rign up contract receive rayrilent.
also agree to build dike on S. W. side 07
Mr.
Ickes the appeared before the Board and advised the Board that he was willing to carry out his tentative agree-ment with Ifx. Sylvester and would make such conveyance of the right of way for the consideration agreed uron a might seem best to the officers of the .13istrict;and the Board, -,fter dis-cussing the proposition submitted by 71r. Ickes, and con-outingthe amount of damage to his land, as well as the value of the land, which would be taken up by the new ditch, were of the
cpinion that the proposition was fair, and that it would be to the best interests of the Distriet to accept Mr. Ickes pro-poLAtion.
Thereupon Director Eorrie E. Vorgan offered the fol-lowing resolution and moved its adoption 'by the Board:
BE IT MSOLVT;D:, That the proposition submi,Led by Ur. Ickes for the purchase of the right of ray for the new line
of the '-armers' Union Canal, through the north-west quarter of section twenty-one(21) township forty(40) north of range seven (7) E.N.EsP.., be accepted on the following terms, to-wit:
One-half the amount or th. rurchacle rrice, or Two Hundred Dollars($200.00) given at the tine the contract for the sale of the said right of way is signed, and the balance or Two hundred Dollars($200.00) when Yr. Ickes shall secure a deed for said right of way from the State of Colorado, and rake a proper conveyance thereof to this District, and
The land hrough which naid ditch will pass is now held by Mr. Ickes under and by virtue of a certificate of purchase from the State of Colorado, and he is therefore unable to convey the fee title thereto tu the Distridt, at this
time,
MI IT 71YRT117P RFEOLVXD: That the attorney- of the ijist-rict be instructed to draw a contract with. Ex. Ickes for the purchw:e of" said right of way, and take the mattr up with the State Land Board, and ascertain whether or not the state Land Board will be willing to accept the purchar7.e price of the land
covered by the right of way from Mr. Ickes at t':is time and make a conveyance thereof to this District, and
BE IT FUIITHFR RNSOLVED: That the, irt:.sident and Sec-retary of thio 'Board be and they are hereby authorized and directed to enter into a contract vith Mr. Ickes for the rur. chase of 4a1a right of wayand make oayr,ent therefdre as here-inbefore ppovided on behalf of thid District.
Director ChvIrles Spicer seconded the notion for the r,doptior of the foregoi-:-,t resolution, and the nctiov was put upon its passage, the oyer and nays beirx. called, nil the Dir. cotorc voted aye, rIld The Provident declared th, notioA duly carried a.n(1 the said mesoluticn regularly adopted.
The President of the Board then stated that he had been advised that The San Luis Central railro, d Company ri-yro :ntexLdi - to cross t}-n south lateral of The San Luis Valley Irrigation Distrj,, 2nd ocrstruct a. bridge t,-cuty-two
1"cet -ide across this lateral, and in view of Che fact that the District exnected to enlarge this Canal, thnt it would pro-Lably bect for the Board to look into the mat,er and see
whether or not the bridge pronosed to be built, would be of suf-ficient width and heighth to allow a flow of water conmencorpte with the needs of the land owners under this lateral.
The Board then adjourned to the site of the prorosed crossing and. after mePouring the present caracity of the ditch and estilantiw- the ti(,unt of -,,ter that must necessarily flow
throuEh thi lateral to supply the needs of the District, and after Cully 4onsidering the matter, it was estimated thot it would require a bridge aL least twenty-six feet wide in the clear, measured at right angles with the ditck, and with a clearance of at least three feet between the present grade of
the ditch, and the bottom of the bridge, the Board estimated that apperture beneath the bridge must neceo-rrily be of
uuf-ficient size to allow three hundred feest of water oer second of time to pass through.
The Board then returned to its office and Director Silicer offered the following resolution and moved its Charles
adoption by the Board:
BE IT TMOLVED, That the attorney of the District be instructed to notify The San Luis Central Pailrovd Company that
this District will not allow them to const2oct a bridge over its Canal until they enter into a contract -rovidig for the cont uctiof; of a bridge satisfactory to the Bngineer of Tile
an Luis Valley Irrigation District arid also nrovidini_; for tha permanent maintenance of such a bridge in such a manner that it --;i11 not damage or imoair the rights of the District, and to keep it in such condition that it will accomodate at least three
hundred feet of writer ner second of time.
Director horns E. norF;an seconded the motion for the lidolltion of th- foregoing resolution, rind the ayes and nays he. in called, all the Directors voted aye, nnd the President de-clared the motion duly ca-ried, and the said resolution regular-ly adopted.
OTHE STATE OF COLORADO
•
FRED FARRAR, ATTORNEY GENERAL PRESIDENT
JOHN E. FIELD ENGINEER JOHN F. VIVIAN
REGISTER
STATE BOARD
OF
LAND COMMISSIONERSCAPITOL BUILDING
Mr. George M. Corlett,
Monte Vista, Colorado. Dear Sir: LUCY E. PEABODY DEPUTY REGISTER W. H. McNICHOLS CHIEF CLERK DENVER June 19, 1916.
In reply to yours of June 16th relative to the right of way of the Farmers Union Ditch, it appears to
me
from my recollection of the locus of the present ditch,
that the Farmers Union Canal is now occupying the curve in the ditch. You will remember that just above the siphon the
ditch turns due north, crosses the Rio Grande lateral through the siphon and then springs back to the old line, so that the first paragraph of your letter appears to me to be in-correct in this regard. However that may be, would say
First, the State willnot charge you anything for the right of way now occupied, assuming that it was intended in the old grant that you get this line, Second, in order to make our records definite at this time, we wish to have you send us field notes of the ditch crossing the entire quarter section by courses and distances, stating the width thereof. When this is received we will enter an order to the effect that this is the line intended and that this document is intended to make definite the former grant. You should further state that you do n)t claim the old ditch, describing it by courses and distances. No fee will be charged for this and is merely intended to straighten up our records. We will then take up the matter of Mr. Ickes request and see whether we have not already granted him this land and if not we will sell him the same. It is my impression, however, that he has been granted all of the land except that occupied by the ditch.
Yours trly
JEF:F Engineer.
; .00 ,
-r-, „--
-
111 36
March 22, 1917.
Mr. ?rank G. Sylvester, Center, Colo.
Dear Sir:
Jo enclose you hereith, two (2) forms of Contract W
we Jive prepared for the lohon for :The Rio Grande Land (7 Cau&l Company.
Mr. Goudy.has seen fit to charge us :;5.00 for preparing contracts of this kind where we have found them necessary for
The Terrace Trrition.W.strict or The 6an Lui Valley Irrigtion District, and -r:e. FloulJ like to reauire the same pqrment from
him.
If the contrcts are sat7sfactory, return them and We will
submit them to The Rio Grande Land T Canal Company Ath a letter of instructions.
.Yours very truly, C')RI7TT & 00°-).LETT., By
GMC Jfl. Enc.
Februsx
3runneir Loyite V1at. Colo:0
e4
f ura. -All brIlv in.s4:.opyoi wou,r ntr;let I oreoare a Contrf.l.ot to oo executed with The ..1nn Lnic Vallee irigution Dtetriet.
You verv
I-N, .$44. •
Mo.
LicusE CONTRACT.
TATS COMRIXT entered into 'nip 2121, thy of loobrukAr;" D. 1920, by and between The kin Lul IrricAAioxi Iiistrict, a municipal corporation, dui,, orL-nizod “nd existin,' under ,nd by virtu° of tfie 1Lwo oi the litute of Colorauo, party of tao first *part, .qad Jonathan H. Smit )ere :;roat, lIntonio kachoco, ti.,!.,,Tirunnorter„ lete
. Mrorcs, ”artios of the second part;
: 2 -0.;.:‘;. .3, the parties ol the eo,;o.id desirous o onstruotin concrete gruvity culvert* to oe 1oetd1,(4 4.4)4 ooLstructod wider what is kaown as The ?armors'
Union Ditch, in tit '4est i..tator (P., -) of Jection Thirty-orio (31) in '4?ownshli., ,orty (40) -or ti .i(VOA J7)
Fats% of 1.ew _ oridittn, le:inning at a i=oiht
Qn tile West line of tile t.,.;) of s4id Canal, whence
thft Southiiest corner oi said 3eutiol; f rt,.ao (,,1)itt ormsni Corty (40) I!orth of Ranee Seven (7) at of 4]ow
Dal eridian bears South Twonty-)no z)e,Teus (S210) '2vfont,- ivo inutes Vmst (20,) pour Tacos/141d Roar Jultdred Jovcn cty( ,Aent3 of a foot (4407.6 loot), tolotico 3°414 ii:lt,--4;wo
do,yrees, fiity-siz mintes „a6t Jno •-undys'd ioot (SOVibót:4 1CL, to -poi.t oi intersoctioli wIt to su line of' wad
riot' CanalCanal
AD, :&.(a Jn Lui Vulle.i Irrigation ,diatrict is derios of jermittik; ti:e said j'arties of t,e secol,d 1,(.xt
to construct said Gravity Culvort for their convenience, rroviding the party of the first part si-‘411 ho :rotoctod Lt
11 ti-los in t o use and anjoymont of its hiet-oi-r;a:y for .71x t is !cruntr imersi 'Lydon Ditch, without obstruction of 1.*: kind;
I,olLrs to the party of the flYst.)_rt in Lid by the !ivrties of t'!(: socond part, tLe receit Vvrreof
-,143)!eby confesJec; 'icknouird,'od„ the part of t'.e firflt vLrt does 7-erobw grant Tu.to tbo etytictl of t.c accond part'a LiCiS to eeTistr:Ict a Concrete Irfority Cui,:ert along the linD auovo
descri ot! ,:a4wise to maintain,
ePart :Id UJOtio ro Pnd $,revided always, t. 1-t
1 6e ,7,1r los of t'‘e socoad crt sull tll times mve 4 -,14 La/ tarnlcos tlo rf t'r firnt part from Lny dw..; acticn, t.;ult or o!,hor c1 in which l't%; be mado fer ch.1 0 or dost.uction of F..:r1,;, of z..or,” kind, or c',;v:ictor 2eever, by roasor vatiLtonce and operation w. Co:Lcrete GrLvity Culvert and bitcl loading thereto;
provided iLrt;:;er trzI 41A.die Co-crete Gravity Culvert s all be 1,qahtt,ined fre n-eruted ilL suci vt;,7 4.la to LI.Lov (,/0 of tie firIA the free, unobstructe•d .:nd colT lot() 30 oT , ti _, and _:rfr,'idod ntAd Concrete f!r94tvit GLA.vvrt "he i;ollototed L.ccor: in to to exrestf specilie
ions,
" Said Concrete Gravity Culvert shall be built accordin to the plans hereto attached, which, become a part of thln agreement.
All mtoritAsused in the construction of s. Id Gravity Culvort are to be of - a good grade, and t'jle of the coKerete shall not be loss than one (1) part
feriont to nix (6) .0aAsth. to Gravol AgregaiO4, The .3ravity Culvertbhall be of such length, as
to cempletly traverse tho Right-of-qn7 of said DistrActlz Canal and shall have bulkhead mais of ouitable Aze at caela end.
The to of the COVOT slab of said Gravity Culvert shall rat be less than one .(1) foot below the bottom of said Cans'.
Tbo work shall be co:erid on in a workmanlike maser and itL. due diligence t‘i.nd shall fit no tioe intorfore with the operation, flaintenance or repair of said District's Caf, “ovided, however, that the District agree to run no water in said Canal prior to
April
16th, 19204Upon Ue completion of said Gravity Culvert the matorial that has been excavated must be replaced Lrid proj.orIy togpod„ and said District's Canal left In as good .condition no it was before the constructieR oi the said GraVity Any excess material sall be re-, moved from 'the Canal and placed outside of the banks pi the said District's Canal."
-2-IT IS ruwaii. MUTUALLY UrDAToop.-2-ITD AwarD by Lrt botwoen the parties hereto that if the parties of the second part Shall at any tiflo full to properly m4iintain said Culvert in a .2:ood tald workdblo condition:, or alloq the aiL,me to in artzi'
ipterfc,re wit . or obstruct tbe flow 01: water in the
lastrictio Oanalo or in any other manner ahll fil to c“:.;.rr:7 out th.e provitiions Contract on steir part to
, ,Atrty of the first part my remove id Ouivort id may rogover the ooet tT::ereoi from the - artios of the eoeond part, -toeother it any dwutio causd to it by vmson thereof,
IN 1.1 '&AUSOF the part;; of to firet at has causee, its corperi,Ao name to be hereto ttbserilied by it ''residont
vrd attested by its Seoretam and has caused its corpur4to kleal to o hereto t'ffixelk; find the parties of the cocotte part
oubile:ribod their names t.d ::A"fixod their scals day. and .ser firnt above written. •
PUS SAV LUIS VALLEY tkitIGATI:n4
ATT43T:
01000000-110110..., ,
Acrettiry..
xrosident.
If.°44ty of tbo iirot
0.040. Av,
11010Milmow AIMMIN000011100.0.00001.0040006.0..
Leslie*, oi the Seoond
ecifiGations for
CircuV;+.? CVIVC:t4 n of a Concrete 94Tun
Under the San Luis Valley Irrig..Dist. Canal.
LOCATION
Culver+
Said Concrete atehAa is located in the NW i of Sec. 31, Twp 40N R 7E, N.Y.P.M. The center line is more specifically
described as follows; begining at a point on the West line of the Right—ofWay of said Company Canal ,whence the SW Cor. of said
Sec. 31, Twp 40N R 7E N.M.P.M. bears 321 25W 4407.6 ft.,thence S 52 56 E 100.0 ft. to a point of intersection with the East line of said Company. Canal Right—of—Way.
SPECIFICATIONS
01-ctiet .1.1/ CJfVC
Said Concrete 5iphen shall be built according to the plans hereto attached, which beccbme a part of this agreement,.
1,.r.ctv
t
cstfir0 tAll material used in the construction of said aiviten are to be of a good grade, and the mix of the concrete shall not be less than one (1) part of Cement to six (6) parts of the
Gravel Aggregate. ,
cuiver-+
The shall be of such length as to completly traverse the Right—ofWay of said Company Canal and shall have bulkhead walls of suitable size at each end.
:
The top of the cover slab of saide=rtaclt::F be less than one (1) foot below the bottom of said Company Canal.
EYECUTION OF THE WORK
The work shall be carried on in a workman like manner and with due diligence and shall at no time interfere with the operation, maintenance or repair of said Company cabal l
/ I ty C Li I tie 1.7"
I
(San Mils Valley Irrigatio 'istrict)
has been excavated must be replaced and properly tamped, and said Company Canal left in as good condition as it was before the
arrx.v4y C
e
construction of the said S-i-pen. Any excess material shall be removed from the canal and placed outside of the bankes of the said Company Canal.
TO TiiJ BOA1CD Of DIRT2OS Or 22E SAN LUIS VALLEY IithIGI,TION DISTIZICT:
Uo, the undersicned users of what is known as "Lateral l-D" from The iio Grunde CiArmal which now crosses The Parmers
Union Ditch in the North West ,,uarter (1104) of Section Thirty-One (.21) in Township Forty (40) North of Ilange Seven ('7), by ,flu,ao, do hereby request the issuance of c. :*;tract - rovidin for a periaanent Yight-oi-way for a siphon under the Farmers Union Ditch at the ilace whore our D1tc:1 now crosses tho Farners Union
In the event the right above requested is granted we 11111 Lbree to maintain 3uc:1 siphon in a „;odd workable condition so as not to interfere with the runninL of ul,tor in tile Farmers Union Ditch.
It is desired that said siphon be constructed bn 15th da2; of Llarch and the lot day of April and In °Ater to construct the same it will ho necessary to he the
Farmers Union Ditch dru, daring that period.
IMISIONIONWM11110.16.ass....Kroommbalonwomeoft...
0 ,K
Kr. Jonathan H. rait, Monte iftt,
Colorado. Jear Sir:
.1.n3. enclosed herewith contract between 7ourelf others nnd the Luic Val 7e7
tion District, proporl simel nnd oealoa.
-.1171 kin41.7 11!ind $74.ame to :Ir. 73runnemer, ,'12T'' him
to send me fi cheek
r -
to co',Ter 1-mn en27inoer's char.:.t.fw, in laying ont o2* 7:ay-, I VL1i be vf,,,,,ry mucL:foulTs verj tr1117,
71.
•
2
Kr. Larkin alas r_onto Vieltct, aolor.do
Dot r Sir;
Judge i1LaTlaft. ii4C) '010
5th du: oT April 5014 t.710 that 3t 'ion;.
to Vac uze of via' or & M avo1r richtz. hi '11.1. 1,1e -475.0111
Iszt day of th.0 heine, undox the Judge
You Will :ceaata;-,er 7C :ero .graut.?.ct. ttbt.:.oltutie claereeor 3OiO
.-35 000 :A; rct—f oet Vale CO,LIditiOnai .decree for Vic;
it 1;411 be 110C e osury o hkive f•:...15:1Etorty on tø .bth.
sufficient to obtain & Ablaoluto •;.)e•eroe for the -baltiltee. • Af...sth you wouLi tU7.0 the ROO .Zary &tolp to II.c.ve
wit.noSses .r.res.citt 1..,13.at day in iilutasza; You very ti'uI
21x, rorris L, :_orgun ;:eoper Colorado
Derz Sir;
judzo A,ley advised no that he ht4s. set Vlbuday to dLy f April for &;.y•ei7 flrin t: J.) ';'estimeny “a to tc use of wtAor on ..4.'05el?Vial" rights, This will be .n.le lust th4 of '!,ito 'AeL.rinf: liAdor the Judge 14oilentitie
ruling.
You t:111. romebor ''J't) wore granted LA absolute decree •for' so0e 350010 vere,..feet t)rndr oonditional deereo for tho bulanop L.u-d it will be neeessexy to 77,ro teotimeny on the 5th of Aril
auffieiert to obtain an ilTbsolo Deeroa for the 1ic wish you 7muld tLko to eaessax;,. stf*2 to vritnoc recrit t);7 tt du;y. Alkz. .
Li ay 10, 1920.
Li'. Larkin 11. 2irs
Contor, Colorz-do
Dev,rSirl
enClose you herewith ehoca for 0.9.50
being amount puid to 1:r. aoilly, advz,;staad by Tho
San Luia 1Tal1o7 Lroi3ation.rictriot, at the time.
he survoye for the,Ilphon cro33inz Thz San Luiz
Valley Irrigation Dirltrict r_ght—of—uq7, and coriEt.,:uct.
ed bz7 lir. Jonathan A. avaith, '.2.:f1.Brunmmor at 1.
also onclule w4iu herevith. copy of letter
sent to The Cburloa; laiboo:n Coriarciorkliootag tho
last Tax 10 Certificates ussignod to The Chz,.:cles
. Gibson i..ot117r, for your files.
Yours very truly,
CcE.
onel* ek4
ciibe 14, B20
Losers. Goudy Cody ' Gas 641 4111ectrie
Denver, Oolort 3entlomen;
The greoment submitted for tho e-oustruetion of the woiks at t7ie intersection of Tho Farmers' lini,on Ditch 47,10 your no.). Latoral ia satisf/)ctory. It is
thou h, however, tlutt it l'etal;r 2houl6 cont4in a provision thut thc Farmers Union co a6 vrrun6o to convey the ;tor of your Ditch around their works until it is completed. I believe, howevert this priviletse is iilciuded generally se there will bo no oxestiori tout it
LI, is preri 1t4ns Lif,ecifiuLtions v.nd juut us soon us the:i are 'All sem them on to be f,Ittehed to the Contrbut.
I hLve delayed in t4nsverin your lett r in re to this Qontralet for the rec2on the Aourd ht s not hud meeting before at which the olestion could be subuitteu.
Yours very trul;,,
MIEUTS OP TiE 301., Of DII!.140Wit3 OF THE
ail
LUIS .VALLii,Y DIgLiIOTCenter, ColortAo .-ft,int;aa4
The Board of Directors of The 'Jan Luis Valley' Irrigation istrict met at the office of the .A.strict on Tuesdt4, the 4th'
f
i ay of January, A.D. 1(.121, for the purpose of holdin*:: the regular Leeting of the Aotird an& the Organization of thePoard of Directors for te ensuing year, and there were present: Diroctoro ilorris A. Loxwin, 1!ewe1l Graves, and Larkin .
Liecretary.
Bewell Graver., the newly elected Director of Vle District
r
avini: filed his . 3on6 and qualified by lY iirovided, by the akin c of the reuisite oath, the Lioard Iroceeded to are,Lnize or the ensuiii year mid rOrTiS Ltr041.1jUS thereUPP11 nominated • S 2rfsider,t o: the 1)istriot for the ensuillt: year wl,C there beingo further nominations, the roll 1(10 called taul all of the
Ireetors pre.'ented voted aye Lnc, Lorrii ;. I,orz;Ln V45 declared lccted as zresident.
T.Loreupon on notion d l., secol.'ded Lind unanimously cL.rried D. it. ,Los vra:: appoillted Secretary of the District for the ersuiRc year at the :IcaLry of Jeventy-iive (:'75.G() 2er month.
4. w. lieill;v, the en inoer of the Distriot, bean,' .:re,..lent, !oubmitted the plans for the ground floor for the ropivee.eLt
bi •the flume at the intersection of the gar:noire Union Ditch
1-ed.
ind Lateral Pumber I of The ..do Grande Lam, and Canal t,01striz7, after curefull;, considerinc the plLals submitted Lr. Aeill:
a,J iLstruct;d to 1.roceed with the 03tLils of the I-1.4,3 P)s sub,.titts
On motion dal4 seconded cald unanimously carried the followinZ bills ere ullowed.
JzAnuury 18, 1in1.
1:essro. Goud;i-c Cody ilraunu 1ectiu 3ui1dinb .0enver, Colort,do
;ontlelien;
htind you herewith aepz, el Liu
th;,,t hao Bubraitted ö roomalaendbd ior -the oonstruetion oi u :flume at the Interueetion of T.he ,;,uraers "nio 1t&i &nd ;,;our r:o.1 leaterulis Ivilth you woui
10,0k it over ,ird ii ifactoi dviuo, i..not lot me luive ;yotz 3u,Tootiozis. Ioolitwo (iropt,red a iorm . of
Oontr;,ot if you find Allikl'Litip ant theat'3.0ouific:Ai,),:x
taz.titliotoxy vould augiz:etit on OolltrActs down in dulXiiadZe Lnt I will zittobe the --2)pouiiicihtiolls l!ave tileL ainod roturn to skliature o
Youra Tex,
04,
Oneiop 1,44A.L; ,A6
•
rf)3-areAWSaePresitient & Manager
•
410
e,
,,4udaorcAmeaddr/ew
6de,4.z9
ce-7-
x-e/reeckyr
_ / ire///70a111, cg/ (0://71(71,dier4SeCK//71aae;/"A3d4riYaloter / - /e,
716 dd
Major George M. Corlett, Attorney At Law,
Monte Vista, Colorado.
Bear Sir:
AV,
March leth, 1921.
DISCUSSION OF PROPOSED_CROSSING CONTRACT.
On the 24th of January last I wrote you concerning the proposed contract above mentioned, and requested that you write, or have the officers of your San Luis Valley Irrigation District write me, guaranteeing the expense that our Company would be subjected to in the matter of having our Engineer
Mr. Mbrrison examine the proposed map and specifications proposed by your Chief Engineer, Mr. Riley, and stated
that I did not believe the expense would exceed 460.00, unless after the structure is put in and it becomes necessary for our Engineer to visit the place again.
I beg to call your attention to this letter, and regret to state that I have not had . a reply, and am holding the contract and draft until I can have this guaranty from you or your client.
It will soon be the time of year when you will want to proceed with the work, so it is up to you to expediate this matter.
FOG/B.
•
*fr'cri ofYWci-tectl y-'1,6e#(-2
/oeet-4 /ffiee41-1/011 t..21--07019'161 ,Gri-te/ciez/iwiee&rJ .eyibeiet ;-(49 Lac/0 MARCH 22, 1921.Major George I.I.Corlett, Attorney-at-Law,
Monte Vista, Colorado.
Dear Sir: RE: PROPOSED CONTRACT FOR CROSSING — OF LATERAL NO.1.
Your letter of the 19th inst. received, concerning the above matter. It will not be necessary to deposit the money, as your letter is sufficient to cover the situation, and when Mr. Morrison reports his bill we will forward it to you for payment.
Yours very truly,
Julz lEc 1921.
Yr* 5ecrotz-ry
ne San L,Id2V1i Trrifr:Dist. Monte Vis'a„ Colorado
Deax Sir; .
haild uulaiesewith in duplic..t3o, ntcovt -i-ing - the cons.-! tuctior. of a siphom, one cop berm
ned by Tho an..a
Contret s7,-.Atisf.a.otiorr, I. v..,?01.:4,16 .;,t7ou 11-Eave 11?; Drgon siL.T1 t e,..lidert of ti -L.. an both
copies, and lErn 1flet4.-Arkje p iid by Th 1cGran:6e oin.pany, returnir,4 to me the
athx co3 y so I can it to Th 10 Grkz a rid e Lnri jetnal
1 aiso attach plans and specifications
propcxed by ir. lthiIly which have been in my. office soe tire w.tlitin the Ltini7f,J:7 of. this Contr&to. I begiev°
talee over the contrzict with the Tiaar4 Boril.
anB Ithilo it 17 r-t)ler harsh, I think it is the beat oan• -do.
You ver:,-- triAl,,,
3-K
.Cot. 2, planap c:d
-'7P2CIFICATIONS.
GENERAL
SAND:
All sand shall be a clean sharp river san, free from rold, clay, dust, slimes or vaetable matter of any in;
,777776
OR CRU7HTD ROCK :All gravel or crushed rock shall be rough, sharp gravel of irregular section, free form dirt, du3t 2 slimes or vee taUe matter of any kind or dharacter, and no gravel or
rock shall be used in the corotte mixture that will not pa ol through a standard scre3n of one ant. one h-if inch mesh. Ca7CRITTE
70171.-All concrete 7fhall consist of one (1) -.17) -xt Portland Cement, t7o (2) parts sand, and four (4) parts gravel or crushed rock, by 1],a(fasure, fo=ing, an aregate of I ir 6. After measurin7 the sand and gravel the cement will
added in the porportion of 4. sacks to each yard.
The al:zregate must be thoroughly mixed to insure an equal distribution of all the in7rediento throughout the entire mass, an to the satisfaction of the insDector in charge of the work. In no case will what is know as
"continous concrete n117,:er" be used on the work.
All for 1 be built in a go d, suLitantiLl and woranlilL) .7-..;7=er, of sound material, thoroughly braced
and with ample foundation so as to avoid the pos'Ability of settling or distortion of any part of the structure.
elMrlrer
All steel for reinforein7, shall be of first quality, open hearth steel of high elastic limit ana shall be free 2rol,
art and rust before :)lacin-,. CONITRUOTTON:
• In construction all concrete Shall be placed or laid in the forms and not cast or throm and shall be thoroulhly tamped into a compact Mass. Cara sLall be taken to insure
the thoruu7h embedding of the riinforcini; members and a complete contact between th steel and concrtte and also that th forms Shall be entirely
1=7:CT:MX:
The work will at all times be in cL1re of an insiector ap7.ointed by the San Luis Valley Irriation D strict who shall have authority to act for 'them as their agent. He shall bo on the work durine; conitr',Ition shall examine and t -rove of or discard any and all material proposed to be used in construction and shall see that the constrdction 77or:, is carefully -,erforr.le:1 and completed according to the terns and specifications o: the contract.
He shall be subject to the Instructions of the con— struction en7jineor, and in case of differences arising between the Inspector and the contractor, both or either or then. may arfe I to the enin::-)r, but, in an., case the a 'aal may be made to the Board of Directors of the San Luis Valley Irrigation District, 'Those decision shall be final in all cases.
TIME:
The construotion work shall bin on the day of .. A.D. 1... and shall be completed not later than 'Live .. .... day of
,:),,,,,XFPresicie/rgManager
•
•
,a0 _.?e/eo/7/ oligfea‘_wm.(//emdie(meigifoqc;y,
AUGUST 6th, lc_)21.Major George l'.1.Corlett, Attorney-at-Law,
Monte Vlsta, Colorado.
Dear Sir:
Yours of the 4th inst. received, returning the duplicate copy of the Agreement between The Rio Grande Land and Canal Company and The San Luis Valley Irrigation Distl,!ct, which you say has been signed by The San Luis Valley Irriga-tion District.
I find you are corpect in stating that it has been signed, but it is not acknowledged, and I think it should be acknowledged. Therefore, I return it, so that 111.77.Morgan• as President and Mr.Sims as Secretary may acknowledge the same. I have attached a sheet for the Notary's cert ic 1. h please haVe filled out, properly attested, ana .„etu 1 to m
and oblige
A
Yours very truly,
FCG:AM 1 Encl.
Au,rai t 9, 191
Yr. F.
C.
Goudy, 1* -r.calorcdo
/alley Land Com any 736 Gas & Electric Building Denver, ColondoDer Sir:
I hand you her with duplicate co:les of contrLct between the Rio Gr&TLdo Land and Canal Comny and The
san
Luis Izrig:Ltic:n District, rr acknowledged by theoffice l's of the San Luis IT,&.11ey Irrig,tion District. Yours very tru y,
(-3,maaude,Presiele/nt r & Manager
•
cro-k,r,deeiyo
_9--ye/n/ble4-4/Kreie,/
Major George M.Corlett, Attorney-at-Law,
Monte Vista, Colorado.
Dear Sir:
A UGUST 1 9 2 1.
Your favor of the 9th inst. at hand, returning duplicate copy of Contract between The Rio Grande Land and Canal Company and The San Luis Valley Irrigation District. You state in your letter that same is properly acknowledged.
Am sorry to be compelled to return it to you for proper acknowledgment, because you simply signed the certi-ficate that was intended for the officers of The Rio Grande Land and Canal Company.
The certificate that you should execute is marked, "EXhibit A" with leadpencil on the upper left hand corner, being the last page of the enclosed document. Kindly properly certify this and return it.
,Auditor
If you will send both duplicates back to this office, we will try and put them in exact duplicate form, so that there will be no mixup in the future relations of our Companies. We will then return your duplicate.
FCG:AM 1 Encl.
lion. Frank C. Goudy Ica 84 .1ootZie Comi,:any Denver, Colorado
Det;r
I t..,m sorry to have caused a.Ly dela;', in the excharie , of contracts on the flume over your rko. 1 laterAa. The coy of the eOritrt .i.oh I z-;61 retain=ng VibS siened by L. Butler, vice-president, attested by L. 7,sober, assistant seiz.rk-Attry, under date of .hpril L.', 1921 rfit r seal of the Grtinde Land & Canal Copmny ittachod, and acknov,,ledgetl by Louis f.
3utIer, vice-president, L. ::fracher assikatant secretcl'y before L. h. Steidel 1-Tott„Isy Public k:;f Iiartford, Connectioutt, April 12, 19k:1. - The Ilotary Oommisaion expireti
J!nutry 31, 1923 and beers the signature of the an Luis Valley IrxiEation -District by MOZ113, president and attested by L.R. Sims tulth the seal of the an Luis Valley Inn tin District attached and acknor,leded before me as 1i'ott4y i2ublic, ueust L, 1921.
-The co y thich I am enclosik:,: to yot . has been signed by !:. Morgan for the in Luis Valle; Irrigation District, and attested by L. with the seal of the secretary, and . the seal of acknowledgment attached, but has not oeen sia,ed by the Rio Grande Land & Cana3. .';cimpany or acknok d6ed by its officers. however, I preourke thut you.Otin Yawl them exectlie iS aa of the &its oa- the contri„,et which I return, namely,
12, 19A.
Yours ve34 truly,
November V, lc.,22, Mr3ort
LiØnte Vista teolarado :Dear 6ir,
enclose you herewith copy of your.
contract With Tho an Luis Valley Irrigation .L4,›trict
for the Construction of a flume. '42he plans and specifications 4.2.,ro not attached to this copy but you can secure a copy
from oir ireritruJ.y, Corlett w Llorlott By encl.colt, •
CONSTRUCTION CONTRACT.
THIS CONTRACT AND AGREEMENT entered into this 34::4 day
of Qet*ber, A.D. 1922, by and between THE SAN LUIS VALLEY
IRRIGATION DISTRICT; a municipal corporation with its principal office in the Town of Center, County of Saguache and State of Colorado; party of the first part, and
8.
X
BERRY of the County of Rio Grande and State of Colorado; of the second part;WITNESSETH: That for and in consideration of the covenants and agreements on the part of the party of the first part, and in consideration of the payments to be made at the times and
in the manner and to the party of the second part, as hereinafte provided for, the said party of the second part does hereby agree to construct and complete in a first class and workmanlike manner and in strict conforaity with the plans, marked Exhibit it i" and Specifications, marked Pabibit "B", hereto attached and made
a part of this contract, a flume for what is known as The 2armersi Union Canal under the No.1 Lateral of The Rio Grande Canal where said canals intersect, on the Southeast Quarter (SE) of Section Thirty (30) in Township Forty (40) North of Range Seven (7), E.N.
in the County of Rio Grande and State of Colorado, under the supervision and to the satisfaction of the engineer of the party of the first part.
The said party of the second part agrees to furnish a good and sufficient Bond in the penal sum of ?)1,2,49.4e,
47 €1
as a guarantee of the faithful performance of his agreements herein which shall be in force and effect during the life of this
contract, and shall be forfeitable to the said party of the first part as a satisfaction for any dallage or cost that may arise
which would be caused on account of the use of defective material or negligent workmanship, or failure on the partof the said 1—
party of the second part to fully comply with the agreements
on his part to perform as herein set forth; and for the payment of all claims for material, labor, services and supplies; and all claims of farmers, material men, sub-contractors and laborers used on or in connection with said work.
The said party of the second. part further agrees to complete said flume in strict accordance with the Plans and Specifications made a part of this Contract, in not to exceed sixty (60) days after the begitning of work, and deliver the same to the party of the first part within the time above mentioned, free from any debt or lien for labor or materials of any kind whatsoever.
IT IS MUTUALLY UNDERSTOOD AND AGREED that the party of
the first part; for and in consideration of the construction ani completion, in accordance with the Plans and. Specifications
hereto attached of the flume hereinabove mentioned agrees to pay to the party of the second part the sum of Thirty Seven Hundred Pifty (43750.00) Dollars, in manner as follows, to-wit:
Upon the request of the party of the second part, the
engineer for the party of the first part shall make an estimate of the total cost price of materials on the ground and work and labor performed up to that time and present the same to the Board of Directors of the party of the first part, and said Board of Directors within ten (10) days thereafter, agrees to pay to the party of the second part eighty (80%) per cent of the amount of such estimate t and upon the completion of the
oonstruction
of the above described flume according to the Plans and Speci-fications for the same, and upon the approval and acceptance
of the same by the engineer of the party of the first part and the Board of Directors, and the delivery thereof to the party of the first part, and upon evidence satisfactory to the board of
-2-Directors by the party of the second part that all the claims of material men, sub-contractors, farmers, laborers and charges of every kind and character whatsoever against said work have been fully paid and satisfied by the party of the second part, the saiif. party of the first part agrees to pay the balance of the
con-sideration of this contract to the party of the second part, to not later than sixty (60) days after the completion and,
acceptance thereof.
IN iiITNESS ViHEREOF the party of the first part has caused its corporate name to be hereunto affixed by its President, attested by its Secretary and sealed with its seal, and the party of the second part has hereunto subscribed his name and affixed his seal the day and year first above written.
THE SAN LUIS VALLEY IRRIGATION DISTRICT
By flne-ya Pres ident.
A
Secretary.
GIVIC-E: 4 10/19/2
Party of the First Part.
NFN
(SEAL.)Party of th Second Part.
