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sda9 April 25th., 1922. Continued. ,
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<br />..4 `� A amo,i.. h acdvl rc�t'y:5
<br />Y Js 4„ a_u „r Fi3V 1 bat 11e............ ..
<br />t , -rj C') : sty Of—_ ........... S.t..--.JAaOph.................... St4tO
<br />of ts_c cof!rlty of Bad 3a�c �.,
<br />.. ,,,,,,,,,,,,,,, Ma, aic
<br />'tre likld and liriilly boi„ id to the City of sbdli,,,Y t, h lliq fi7f j of.„-.. S
<br />Two hundred ------------------mewl,------------ . 200.00
<br />f `rp tl.e paylilcaat of 1;h.ch, well and 'w beF wgjjj +Itt�.l_f f4. f; : } '3l� ..1j4„ l r,
<br />ox4 {a,._-"s, 20114 tt om all
<br />A C• t - t'f t$%N 1563„e5.:I a:ri; ki x1 ;'#7tbo ;3.b VC I r3s ..................- - - }
<br />Harry Polis A
<br />#E:4 i f� - Ct 2 &;. v� � i � Yt 4' .3•Fi�F`i'S'� � •,Y
<br />' R r-I F � FfA Into tip 2Qt __.. .., r. Apf�il �922
<br />�lr. i� l{wv and shall ful�ill�`.1.�+�f
<br />lit} 8 � fillg liiidye,�t F,rf, Tit �Si= g thb>-rof, to a l a'etlafi ,ts� t*."l OOR Ojj it �!-i jib ll Vol3 1 ,
<br />i 6R_}p r9f ffin in 4111 f0foo fend virwo in law. in the mt'h@ vqi4 04, �� #� ��C$ t' } a ff,
<br />Wh @ tm§`-n shall. not in a=, �, p ljj �f#� �3
<br />�. 1& r�jc- 4@ rho uPlJ
<br />hid ill � t laa3tl®n bond, and the sure, ies on thg P.a ofw, 6311.464 §R N 4 1-OIA13A, e ffDV
<br />Ii *ill Rd HPRir of tbt I proyetnont after it b-13 beetr a4n��tc
<br />i= .P9A_M%1q for tho hltl°ttxi couaplia-ice veldt all outer
<br />7 � °
<br />t;i.er li; :_ds � c t.. . �F{ aid sc l t#:Is-.___-_- ---------dr.,r of ........... _...1�?' 1922.
<br />(SEAL) .._...Harm..P.aiia.�.._....
<br />United States i it & aranty Co.
<br />CHAS. A.. HAMGER
<br />1'he above t c,iid approved thJ s-------- '�'� �'Ii -- ._� f._ April 1922,,. ' _� .:
<br />SLAUGHTER '
<br />L. P. HARDY
<br />- -
<br />LB-E-k--- F.-- H-OR"R-.------------ _----------------- -
<br />of „ ,,etc
<br />PUBLIC IMPROVEMENT CONTRACT'.
<br />This .4greem*nt9 M"e and entered into this, 20th. day of April ,1922
<br />by and between Harr Polts of the Gounty of St. Joseph -and State of Indiana, (herenafter
<br />referred to as the Contractor"), and the Cit� of South Band, in the County of St.
<br />Joseph, and State of Indiana, by and through i� s Board of'ublie Work . (hereinafter
<br />referred to as the " City"), under and by virtue orf'an Act of the General Assembly of the
<br />State of Indiana, entitled 0 An Act Concerning Municipal Corporations, " approved March
<br />611.9059 and all amendatory and supplemental acts thereto:
<br />Curb and walk on the seth that the ntractor covenants a d sag eYsg o constr�uet G c y
<br />K nngg treetfrom Portage Avenae to west en o n street, n he y
<br />of South Bend, Indiana at and for the following pric6s:-
<br />1250 lin. ft. of curb ing per lip ft:.....:....28
<br />5061 cu. yds, of grading per-Ou. yd.. :42-a-
<br />5525 sq.-ft. of cement 'walk per sq.. ft. .11?
<br />and to perform all'work in the prosecution of said improvement ;ltn4er at aocordbnk. to .the ftrme a"
<br />ditions of Improvement Re -solution No. .:9,.%... ......... , :adopted try. the ,ird ©f nhtic Vt►Arks. March _ 1� 1922
<br />and the• -plans, profile and specifications on file in the office of thit Depa tr�of Public Works, wbick said
<br />resolution, plans, profile and specifications are made a part.: hereof as futfy arid effectually as.if -copied-and,
<br />set out herein at full length.
<br />The contractor, further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care s- i't he exercised; tY :t he " 1 r one -I L •�` -*. all excavations and dangerous places; -
<br />and use all due and prover precaa,t,o l to pr'_J? tf ell.Jury ,ry person or l-p^ «`.V; that in the event Q;
<br />any,injury or damage resulting from the w.» or resultia frnn. a~v ?- �tt.er or thinsr, connActpd therewith or
<br />arising therefrom,, to any peesnz or proptrry, he - ll pav ard.. sir !date the same at his own expense, and as-
<br />sume the liability therefor; and in the event of any Oalr't or claims being made or any action or actions -being
<br />br®Ulght against the city by reason or on account of or growing out of Y:-id Vror'_.t_ or its construction, the said
<br />contractor will at his own expense defend the same, and will pay any, judgment recovered therein, and will in
<br />all respects fully indemnify and save,harmle'ss'said city, its officers, agents or representatives from all cost,
<br />expense, payri�ent or judgment recovered in connection with such: claim or claims, action or actions. And if
<br />within ten days after any such action is begun, the city shall notify. the contractor of the pendency thereof,
<br />that any judgment readered against the city shall be conclusive against the contractor and against the surety
<br />on bis construction i ami, as do fib" amount, liability and other matters pertaining thereto.
<br />And the contractor agrees to maintain said irrlp rav,11,-1r1, a•*e; ;..F' un! a rcWi.rs .as mat-_
<br />the pe6odand in the manner as fixed by the saecifi.cations, and to secure 117ae maintenance and repair titer.:-;:
<br />to file with the Board of Public Works a bond ;,;th sufficient surety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair worst The contractor and the surety on his guarantee bond shall be
<br />subject -to the sar_.e liability to the city and any other person for any injury or damage to any persaa or prop-
<br />erty in the same planner and to the same extent as is fixed in the last preceding paragraph- covering the con-
<br />struction work.
<br />Aud it is further agreed by and between said'`rart�es that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the .provis-
<br />ioits of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform-
<br />ai,ce thereof; nor shall the acceptance' be prima facie evidence of the performance of any provision of this
<br />contract, except tQ the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials ased' or furnished to be used in the making of
<br />such improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any, allowance made on any estimate
<br />in favor of the contractor or �.i= assigns, or out of-,the'aniount due him or his assigns upon the completian
<br />of the work, so much as mai"cessary, to pay_ali laborers :or.maYteriai then for amounts due them for
<br />work done or materials used or iurnishecf to be usediii the performance of this contract and the doing of
<br />said work, and the county treasurer, acting "'city treasurer, -= retain money collected from property,
<br />owners assessed,. fan;- said improvement to pay such debts of uutii the contmetw a&oe.ts ti1l.�at bray hayg been
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