08/26/1919 Board of Public Works Minutes

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THIS Agreement made by and between Whitcomb & Keller, a Corporation with its prinic ilsal office in Routh Bend, Indian' arty of the first part, and Leis H. Webster of South Bend, Indiana, contractor, nasty of the second part, Witnossetk: Whereas °the Board of Public Works of the City of South Bend, Indiana has entered into a contract with said a ontractor i whereby he has agreed to construct a sewer in said City known as the Diamond Avenue Trunk Sew vvt System under Improvement Resolution No, 700. And Whereas said party of the second post was the Only bidder for said work and that his bid was slightly aa,bovo th,� estimated of the nest of said cork as filed by the City Enginert, and said cont�actor after filing his bid reduced the same so that it was equal to thn said estimate filed by the City Engineer and said contract entered into between the City and him fmr the doing of , saa;id work at said estimated cost: And Whereas the said x)arty of the real estate affected by said proposed imp part greatly desires that said im-orovoment be ma thereby. Thereforein cons ideratio:d said party of the second part and in furtker con said work as required by : the resolution, px of it e the first part hereby agrees that if any propert improvement and assessed for the cost thereof sh of any of their assessments by reason of the irr tke fact that tke bid was higher than the engine wards reduced, then the party of the first part .second part or hid °atissigns; °the °amount of any su tray legally avoid b.V 'reatson °df °said irregulariti In Witness Whereof they ha,v day of Au3ust ,1919,. (SEAL). To the Board of Public Works of the City of South Bend, Indiana. f the first part is the owner of most ovement and said warty of the first e as is property Will be benefited f the entering into .said contract by iderat ion of the performance of all plans and specifications the party of owner or owners affected by said uld succeed in avoiding the .payment gularities above deser ibe►d,viz; 3F1 s estimate, and that it was ,aa,fter-- grees that it will pay to the party of the h assessments which any of said evvners hereunto set their kends this 25th. WHITCOMB & KELLER BY F. W. KELLER, Pros. Wkeroas the said Board of P blic Works of the City of South Bend, Ind ia.nt, did, on the 2, day of 1 19 adopt a. resolution for the laying of a sewer known as Diamond Avenue Trunk sewer system under Improvement Resolution No. 700 all of which proposed work is described in said resolution and the profiles, plans, and spec ificat ions on file in the office of said Board of Public Works. And Whereas said Board caused said resolution to be approved and adapted and the City Engineer of said City caused an estimate of the Lotal cast of suck work to be filed with said Beard, and said Board advertised for bids fo the c€n. struc- t ion of said work. And whereas Lewis H. Webst r was the only bidder for doing the same, and that his bids was slightly above tka estimate as mtade by the City Engintaar, and said bidder is willing to reduce his bid t o` the amount of the engineer's said estimate, and to accept and sign a contract for the construction of said work. Therefore we, the undersig ed, Whitcomb and Keller, a corporation, and the owner of most of the reel estate affecte by said pr eposed improvement and su b ject to assessments therefor, agree as follows, that In connideration that said Board of Publiu Works shall let the eontraa•ct fear said inzproveme t to said Ihewis R. Webster at the estimate made by this said City Engineer, :,nd incoriaidera ion that said work is done, we hereby waive any right to object to the fact that said id was lowered or chang(-d after it was filed by said bidder and we hereby waive . any and ! all objection to the fact that the original bid was for an amount in excess of the estimated cost filed by the City Engineer.