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285. <br />IN TESTIMONY WHEREOF, <br />set our hands this .25th. day of May 1923. <br />City of South -Bent, Indiana <br />BY L. B . SLAUGHTER <br />L. P. HARDY <br />ALBERT F. HONER <br />Its Board of Public Works, <br />We, the foregoing named parties, hereunto <br />VDINSTa]C :ION BOND <br />I. W. <br />STAPLES <br />Contractor, <br />Vs} the= grey nbL That we --- <br />State of......_..�a==aa==� <br />r.10-i-414441-iF Company <br />- <br />@t mod State of__.. <br />pq i4r@t1@% U@ held and firmly bound to the City. ,of South Bend, Indiana, In the Illm 0a..i-�u"nd <br />fg t @ out of which, well and truly to be made, we jointly and severally blad ou 7t f1► <br />ph@�111gF y dl ilt�tr&i<®rs and assigns, firmly by these presents. <br />d!tl@n* of the obligation are such that if the. above naMed:......,.. <br />faithfully comply with the foregoing cnntrdc; , <br />made and entered into -----dayof--- _-------- <br />with the. City of South Ber_d. Indiana and stall fulfill air the conditions an s i ulal o Therein contained, <br />according to the true intent and mea.iing thereof, in all respects, then this obligation to be void, otherwise <br />to be and remain in full force and virtue in law. In the eve.-. the said City shall extend the time for the <br />completion of said work, such extension shall not in any way release the sureties on this bond.: <br />This shall be a construction bond, and the sureties on the same shall not be held responsible for the <br />maintenance and repair of the improvement after it his been accepted by the second party, but such sureties <br />shall be held responsible for the fa;0-- ul compliance with all other conditions, stipulations and recluircrn,-pts <br />covered by or set out in the contra...t. <br />25th, day. of MQy .1923;_ 1 <br />9 <br />Amer.1ca.a...Surety.Company-of- le York - - ._-...._.. __ .__»» I�l:ALI <br />Francis E . Lambert fit. r) <br />e i e 'tic aasiC� Ott <br />A `.t-1 � }j� Y.eS laeli,% Ass1�.c <br />29th• - <br />May 19�3al 14TER <br />• . <br />ALBERT F. HONER <br />PUBLIC IMPROVEMENT CONTRACT <br />This agreement, lade and entered into this 28t,h, day of May 1923. <br />by and between Gerald McGillicu"y of the County of Porter and State of Indiana <br />(hereinafter referred -to as the �" Contractor"-) , and the City of South Bend, in the <br />County of St. Jose h, and State of Indiana, by and through its Board of Public Works, <br />(hereinafter refered to as the " City") , under and by virtue of an Act of the General <br />Assembly of the State of Indiana, entitled " An -Act Concerning Municipal Corporaoions, <br />approved March 6919059 and all amendatory and supplemental a cts thereto:- <br />Witnasseth, <br />that the contractor -covenants and agrees to construct sewer on Calfdrhda Avenue <br />from east lime of Diamond Avenue-tuCleveland Avenue, in the City of South Bead, <br />Indianat and for the followin prices:. <br />170 lin. it. of 10" inch pipe per lin ft# $2.75. <br />• 50 lin. ft. of 6" inch conduit pipe per oin ft, 1.25 <br />11 manholes each 9.00 <br />1 manhole curb and cover, each 18.00 <br />ai=u to perform all work in the pmsecutign n: said imut0vement under and according is tho terms and c*a, <br />d'ti.ons of Improvement Resolution W ' 7 aw adVted by the Board of Publl�`V(Tsrlp,,, ,_ 3 <br />4nd the plans, profile and specifications on file =1 +he office �jf the JD'epartment_ of P,ublle �orlf&; which say <br />.resolution, plans, profile acid specifications ase made a. part hereof, a$ fully and effectually as if copied and <br />set out herein at full length. <br />The contractor fureher exxpressiy cuvenand and agrees that in the prosecution of said work allproper <br />skill and care -k7411 be exercised; that he wN proper:-,- _ "�r-= --d p-'of-ct all excavations and dangerous places, <br />and will use all dice and proper precafxfion to prevent iTtlrr to atiy person or pro^erty,•.4that� in the event QL <br />any injury or damageTesulting1-rom'tht *orlc or resulting from any ;nitter or thing connected therewith or <br />arising therefrom, to any person or property, he v" pay arA. ligt idate the sargne at Iris own expense, and as- <br />sume the liability therefor ;and in the event of any claim or claims being made or any action or actions being <br />brought against the city by reason or on account of or growing out of said work or its construction, the said <br />contractor will at his own expense defend the same, and will pay any judgment recovered thgrein, and will in <br />all respects folly indemnify and save harmless said. *y, its officers, agents or representatives from all cost, <br />expense, payment or judgment Recovered in connection with such claim or claims, action or actions. And if <br />vitVha ten days after any such action is begun, the city shall notify Ate contractor 4 the pendency thereof, <br />'t"htn.-any judgment rendered against the city shall be conclusive against the contractor and against the suret� <br />an his construction bond, as to the amount, liability and other matters pertaining thereto, <br />