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The party of the first part f ether agrees that he will do all. of said
<br />work in a good and workmanlike manner, and that he hereby gda.rantees all of said
<br />r psir work to be and re -main' in good condition for a period of one year fro the
<br />time such repair work is done; and if during said year, said repair work so done
<br />should be come defective, the party of the first part agrees to replace the same, ;.with
<br />good material, or upon Failure to` do so, to refund to said City the amount received
<br />by him for such repairing.
<br />And said party of the first hart- further - agrees to indemnify and save
<br />harmless the said party of the se and part from all damages to any person ot. property
<br />by reason 6f the negligent performance of said work by the party of the first part.
<br />And said party of thy; first part further' agrees that after repairing any place in
<br />any of the streets of said City. -he will immediately thereafter remove all dirt and
<br />refuse to the curb of° said street,
<br />And it is further agreed tha,tthe party of the first part may use all
<br />material taken out of the streets relqaired by hire, which material is in first class
<br />condition and suitable to be used in doing said repair work,
<br />And said' party of the second part, s a part of the consideration of
<br />this contract, agrees to -loan to said party of the first part asohilt plant, all
<br />asphalt tools, which it now owns, and said party of the first part agrees to pay for
<br />the use of the same at the rate of One and 50/1W($1 50)dollars per day for such
<br />fume aEs said tools are actually used or 5 cents . per sq. yd. of asphalt surface laid and
<br />said party of the first part agrees to keep said tools and plant in good reair
<br />and return the same to said party of the second part in good condition less natural
<br />wear and tear.
<br />The said party of the firstpart agrees to do and execute said work
<br />at tines and. places as designated by the Street Commissioner of said City, and under
<br />his direction. And if he should fail and refuse to do the same, as by. the terms
<br />of this contract required, then said party of the second part may,at its option
<br />terminate this agreement. And if said party of the first ' part should fail to perform
<br />this agreement or any of its terms and conditions, or if he should fail -to do any
<br />work within one week after he is directed so to do, except where shortage of material
<br />is caused by railroad strike_ or. freight embargo, then he agrees to pay said party
<br />of the second part the sum of fifty and no/100 Dollars ($50.00) as liquated damages
<br />fqr such failure, e-nd said party of the second party may retain said sum out of any
<br />money, due said party of the first part, said suer to be paid to said first party under.
<br />the completion of the work to be done under this contract.
<br />And in addition to said sum above referred to, the said party of the
<br />first part further agrees to give `a bond with_ a good and sufficent surety thereon
<br />approved by the Board of Public Works of said City for the faithful performance of
<br />bliis contract.
<br />IN WITNESS WHEREOF, the parties have hereunto set their hands and
<br />In pupl icate on the day and year first above mentioned.
<br />L•. H. VANDERKARR
<br />Contractor.
<br />CITY F SOUTH BEND, IND IANA.
<br />E. M. MORRIS
<br />JOHN B WEBER
<br />A. H. RICE
<br />Board of Public Works.
<br />CONSTRUCTION BOND.
<br />KNOWN. ALL MEN BY THESE PRESENTS That we L. H. Vander Karr of the
<br />County of St. Joseph, State of Indiana, as principal and Guy D. Staples, & Walter
<br />Hildebrand of the _County of St. Jose h and State of Indiana, as suretie a , are
<br />held and firmly bousd to the City of South Bend, Indiana, in the sum of One .Thousand
<br />Dollars,($l,'000.00)Dollars For the payment of which, well and truly to be made,
<br />we jointly and severally bind ourselves, our heirs, oxeeutors, administrators and
<br />assigns , firmly by these presents.
<br />The conditions of the obligations are such that if the above named
<br />L. H. Vander Karr shall faithfully comply with the foregoing contract, made and entered
<br />into the 24th. day of of April 1917 with the City of South Bend, Indiana, and shall
<br />fulfill all the conditions and stipulations therein contained, according to the true
<br />intent and meaning thereof, in all respects, then this obligations to be void, other-
<br />wise to be and remain in full force and virtue in law. In the event the said City
<br />shall extend the time for the completion of said work, such, extension shall not in
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