09/16/1930 Board of Public Works Minutes

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17 Tue sd. ay, 6eptembe r I6t h. , I930 . the subgrading preparatory to mceiving the pavement cannot be determined at this time, and. Whereas, the said "Owner" owns all of the property abutting upon the portions of said streets being improved under said Improve Mint Resolution Numbered 2305, and which abutting property so owned by the "Owner" is subject to assessments for said improvement, and Whereas, said "Owner" said "Contractor", said Willis tonConstruction Co,, and the City of South Bend all agree that it will be for the benefit of all parties concerned and in the public interest that the finishing of the sub -grading preparatory to receiving the pavement will be postponed, and 'Whereas, the "Owner desires that the finishing of the sub -grading pre- paratory to receiving the pavement be postponed, and is willing that the work done by the Williston Construction Company and the "Contractor" be accepted by the said City of South Bend, and is willing that the assessments for the improvement be assessed and spread of record by the.Board. of Public Works of said city, and that such assess- ments cover the contract price of said improvement, Now, therefore, the parties hereto, each fcr and in consideration of the promises and agreements of the others herein contained, promise and agree as f ollows : (I) The "Owner" promises, covenants and agrees that the work now per- formed under sitid Resolution Numbered 2305 may be accepted by the Board of works of said city as a substantial performance under said construction Resolution Numbered 2305, and that said Boardof Works may immediately proceed to the completion and spread of an assessment poll upon the property of the "Owner" covering the entire contract price of the construction contract between said city and the Williston Construction Company under said ne soluti on Numbered 2305, and the "Owner" fuather covenants and agrees that it will file no remonstrance against such assessiont roll or any of the assessments therein fixed and determined, and will pay said assessment in accordance with the special assessment laws of. the State of Indiana. (2) In the event that the Board of Public Works of said city does ac- cept the work now performed under said Resolution Numbered 2305 as substantial per- formance under said Construction Resolution Numbered 2305, and pays the full contract price therefor to the said Williston Construction Company, then the said. "Contractors" promises, c Ovenants and agrees that it will promptly and without delay upon the demand df said Bendix Realty Company made upon the said "Constructor' at any time uith in three (3) years from the date of this contract furnish all materials and do all of the work including excavating, filling and grading requisite and necessary for finishing of the sub -grading of the portions of said streets included in said Resolution Numbered 2305 preparatory to receiving the pavement, and said "Contractor" further promises and agrees that the price for its pe rformanc e her eund er shall be not to exceed Ten Cents per square yard. (3) It is understood and agreed that the number of square yards embraced in said work is a.pproxima.tely Thirty*One Thousand (31 000). (4) It it further understood and agreed by and between the parties hereto that this contract shall be and continue in full force and effect and binding upon the parties hereto, notwithstanding that the City of South Bent' will accept, approve and pay f or the work cdnne by said Williston Construction Company and said "Co:.tra ctor" under said hesolution Numbered 2305, and. not withstanding the said city shall assess the property of the "Owner" for the full amount of t re construction price under said contract between said I'villiston Construction Company and the said city of South Bend.. (5) It bs further understood and_ agreed that the work which may be required hereunder of the "Contractor" shall be done and performed prior to the laying of any pavement, and at such time and in such manner that said work shall not be in - eluded in plans and specifications adopted by the Board of Public Works of said cit- for the construction of navement on said portions of said streets. (6) For the faithful performance of ali and singular the terms and agreements of this contract contained and to be observed and performed by the "Con- tr^ctor", the "Contractor" as primcipal, and the "Surety" herein, in consideration of the premises herehy jointly and severally bind themselves and their respective suc- cessors and assigns unto the said "Owner" in the )rincipa 1 sum of Three Thousand ($3,000.00) Dollars, lawful monies of the United States. In witness whereof, the said parties hereto have caused this instrument to be executed on their several behalves by their respective officers and their re- spective seals affixed in triplicate on the day and date first above written. ATTESTED: Walter J. Buettner SECRETARY ATTESTED: FRED W. FR ATE SECRETARY BENDIY. REALTY C OITANY BY ELMR M. KASDORF PRESIDENT FRAI M AND ZI MII R , INC. BY Cl\,RL E. ZIMER PIESIDENT • 0 • 0 0 0 •