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519 <br />Tuesday October 24th., 1922. Continued, <br />.t',tro Me contractor agrees to maintain said iuzprovenlent a. i..a= e suti repairs as may be necessary - <br />Cho of �od� and in the sinaimer as wed by t ie, s eciflcations, and to secure, the niia tenance and` repair =thereof <br />>� P wvith t'te- Board of Public Works a bon vJ,th sufficient surety `theregn end" #n an at�xount as firmed by the <br />oprcffira ffati , And in doing such repair work the .contractor: ancl- the, surety omlis. gttarante a bond chill be <br />Atiitj wt to the same liability to the city and any other person for anyinjury-=ter dam a to any person or prop- <br />erty ii9, 6e ratite s wjiner and to the saine.extent as is fixed in the last preceding paragraph covering the tort- <br />str ile.0ntt work. <br />Arid it is farther agreed by and between said part`fes that the acceptaice of the 'work provided for in thls <br />crintradt, of the payment thereof, shall not=c:;nstitute a waiter +on.the .past o£ the city of urly, of the i+10;48- <br />loits of-thls-contract, nor shall it release said contractor or the sureties bn his b6hdfor the fu{lthfttl perftarra <br />anco tberaof; riot shall the acceptance :beAprima facie evideAce'bf the perforuiuii6e of city provision of tubs <br />et ntraot, except to the extent of entitlir_g the 'contractor to the eotltrict Orice.therefor. <br />The contractor ,agrees to pay for all labor and aterials used or, furnished t - bt ed to the f�rakiti of <br />such Imp�rovemont and in the performance'of this contract, Whethe'r done'o 1iirtti�bed;#or.him,,oi his agent, <br />ass state,. successor or subcontractor; slid the city may reserve out him <br />i "wknce made ran any cstimaty <br />in avor of the contractor or � ' assigns, or .out of the �niount dtie im; br. a ar;signs hpbtt the complet.iatt <br />of the work, so much 'as ma3 -cessary to pay att; laborers br iinateria iqeft- for sinounts : dug them for <br />w donee or inaterials:used or urnished to be,used ia the perfori"nce of this contract and the doing of <br />sued wgxkj and the county treasurer. acting as city treasurer, in retain inoney Wll cted from property <br />owners assesse$;for said Improvement to pay such ctcbts or i nitil the contractor thaws 'that they fpayo been• <br />paid or satisfied <br />i <<e coac-a - -o:- ag: eas to retno, a Aft iruyhisk, tanh, '4nd altlustd, lf�iaterial to the streets -or sides tlmrvot <br />upon the completion of the improv-cm;:nt or the repairing *ereof. ° <br />The work of making such improvement shall be completed according to the term.% of this contract op of <br />before the ..................... ........ .................... ,...... ....:........day of...... ..... ...... .. ., h <br />unless: the time for the completion of the sane s'ta11 be extended in writr. g by the Board of Public Works. <br />And it is agreed that any such e:xten-ion of time, or any alteration -of this cc-4ract or .of the manner or ritt:th- <br />cod of doing such work shall in no way affect the duties, obligations or liabilities ;o4 the contractor or his stare - <br />ties. <br />It is agreed that the contractor shall not assign this -rsct, or sub -let the work or any part thereof to <br />be done hereunder, witho =t the written co' e, nt of the Bi .Lrd of P4:;h1ic Works. ' <br />It is further agreed a-rd stipula' ed that t% contractor shall gi�te/to` residents of said city and rows y <br />preference in the empJoyan-,rit of all labor necessary in the performance of -this contract, and failing to 6) sir, <br />shalllorfeit to the city the sam of ten dollars for each fa"ilure to observe this stipulation. <br />Arid upon'the performance of all the terms and conditions of this. contract, and things to be done and <br />pperformed by said contractor the said city agrees to cause the. cost of doing such work to be. assessed, col- <br />lected and paid to -said contractor in the manner fixed by the statute governing the. making of such improver; <br />scents.... <br />To each of .the conditions and stipulations of this contract, including all and singular the. provisions and <br />terms of'the plans, profile, specifications and resolution aforesaid; the und.erfigned binds; himself or itself, <br />and the ra<..nective successor or assi is of such parties.. <br />In :Testimony Whereof, We, th.e ' forego•ing named parties, <br />hereunto set, our hands this 20th, day of October 1922, <br />HOBAN &.ROACH <br />CITY OF SOUTH BEND, INDIANA. <br />' <br />BY.L. B. SLAUGHTER By M. J. Roach <br />_ Contractors, <br />L. P. HARDY <br />ALBERT F. HONER <br />Its Board of Public W rks <br />�aRS'I RUC T 1CId f.°£`N11) <br />That we ............ . HO ZI n-_. s_: RQmk . _ _ w.................. <br />of the Cot�aty of----- -1.n�a---------------- S. _ to of - Indiana <br />------------------------- _. .....�,._... as pr1rci. <br />pal, and ._.Ame-r#emir-Zu-p-e4-y----Co <br />---------------- <br />of the County of.----- NCw York <br />_ _- - - ;- --------- -----------and Stake of--------- -- - - � .:_............. ...- <br />as sureties, are held and firmly bound to the City of South. Bend, Indiana, in the sutra of. .w One �Th4uband <br />- - N-Imo... } iuzdra .. Y1.�nQ .1121Ct1 _.------- ------ �_ �ilars �� 1 r 919.99 <br />for the payment of which,' well and truly to be made, we jointly and �severaVy bend ourselves, ofi <br />executors, adminstrators and assigns, firmly by these presents: <br />The conditions of theobligation are such that .if'th4 above reamed ---- <br />_------------------ ,:..-- shall faitl `ely-eer,.ply"vVall ate. <br />made and enteral into the ... -21s-t---.--...._ da� of- flea-ebez_192�#.__:, l ..__.. <br />with the City of Jouth ?', r-� Indian- and shy?I ft:i5l? al the, ond, ions and stipu attnrts t ereir) rorttaincd, <br />according -to .the .true intent one .:_r,a th :.: cot, in all re:.,,- -ts, then this :)bligation to be void, othcie wise <br />to be a -lid remain, in fall force and virtue in.law. to the eyt. ;, the said Ci�y 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 foe- tlj.c <br />maintenance and repair of the" improvement after it has been accepted by the second party, but such sureties <br />shall be held responsible for the fait'iful compliance with all other conditions, stipulations and rerttsi°ct.s yt:s <br />covered by or set out in the contract. <br />�t ITN1 our bents and seals this ...........� .. •..,:,,.,.,.. Sti�i Af. _. ! r 1 <br />I - 1 <br />AMERICAN SURETY COMPANY OF NEW � K <br />t <br />� HOB`AN & ROACH <br />eM*denee resi <br />• <br />. �....t <br />s tarye <br />The aboM <br />de <br />nd approved this........:b,•,......... duty bi•.....,=K.,. ®� {jir►► -1z, l --a <br />....:..... L, B. SLAUGHTER r <br />L. P. HARDY <br />AWEICT F. <br />Board of Public Worth - <br />