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<br />And, the contmctor agrees to maintaip_.saw improvtment a-_.0 ra"e such repairs ei; way be necessary,
<br />the period andin t-he manner as fixed try the sopcifications, and to secure the m.
<br />maintenance and repair thercc)f
<br />to file mith, the Board of Public Works a bond %vA sufficient surety thereon and in an amount xa fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />s+hj�ct to the same liability to the city and any other person for any injury or damage to any per, in or prop
<br />erty In the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />stroctjon work,
<br />And It is ,further agreed by and between said parties that the acceptance of the work provided for in this
<br />contract, ar the payment 'thereof, !halll not constitute a waiver o,% tht part of the city of any of the provis-
<br />1214 of fhis C04traet, nor, shah it rolea.e said contractor or the sureties on his bond for the faithful perform.
<br />s.<Oes thercot l nor EhWI who acceptance be prima facie evidence of the performance of any provision of this
<br />contract, exf�opt to, the extent of entitling the contractor to the contract price therefor.
<br />The contractor .agrees to pay for all labor and materials used or furnished to be used in the making of
<br />nich Improvemcht and to the performance of this contract, whether done. -or furnished for him, or his agent
<br />a$€ignee, Ppr--neor or subcontractor - and the' city may reserve out of any allowance. made on any estimate
<br />its favor o+ ti r eentrzctcr or ;pis assig:us; or out of the amount due him or his assigns upon the completion
<br />r` ib ° r n'ulA, as ma '' l e recessary-to pay all laborers or material men for amounts due them for
<br />work ddytte or materiala used or fUltnished to be used in the performance of this contract and the doing of
<br />t,.,:;i v, �'4,,, a: •i' ,t{ :asur r, acting as city treasurer, in q retain money collected from property
<br />P11111el3 €?as'ess.<d for said improvement to pay such debts or until the contractor shows that they have been
<br />fi<# at* satisfied .
<br />' 1 r ,:Rn, earth. and unsnsed material in the streets or sides thereof
<br />Upon ;he eotnu�f+nn ,s `the ixr *�rovAm it or the repairing thereof._
<br />The work o£ xrr ltirg sr4-.'j-txnprh �'!�t4tent shall be comMeted according to the terms -of this contract on or
<br />before the,....... ...,� . day
<br />uMess the titre for thti�conplet;nn oirne°sa! shall, b- extended to w*; i g by the Board of Public Works.
<br />And it is agreed that any sirli eater -ion of time, or any altems ion of this contract or 4 the manner or meth-
<br />od of dO:tsg suclt work shad11 in no way affect the duiPs, obligations or liabilities of the contractor or his sure-
<br />ties, ,
<br />It is agreed that, the. cnntra.r+nr cha,11 nt assign *his contr�et.. or sits-letthe work or any part thereof to
<br />be done hereunder.. virhoot th,. i;.. s r. ; .,, ,71 the Roarrl r F��l>tic ti'\1r>rks:
<br />It is fttrti er &gceµd a d �ti}i�c7 - l ' :s - t c.�n*rncf-6r sl��l�: f "E to resi�len±s of said city and county
<br />preference in the employr •.nt,ot . �l 1� r ,n�� sary in the perforraar.ce of this contract, and failing to do so,
<br />shall forfeit to the city the_ surn of ie,z for ac:h failure to obseive this stipulation.
<br />And upon. the' performance of a., the terns and conditions of this ,contract, and things to be 'done and
<br />performed 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 st8tute governing the making of such improve-
<br />mente.
<br />To each of th4 -conditions and stioixlations of 'this contract, including all and singular the provisions and
<br />`^*~r+a of the plans, profile, specifications agd-resolution aforesaid, the unde'rsigped. binds himself or itself,
<br />and t°Yie °3'�C'sp�s e t iv a of such -parties.
<br />successor or assigns
<br />IN TESTIMONY WHEREOF, We the foregoing named parties, hereunto
<br />set our hands this 7th., day of September 1918,
<br />CITY OF SOUTH BEND, IND IANA.
<br />BY G. A. ELLIOTT
<br />H. F. ROSTISER
<br />JOHN F. DERAVEN
<br />Its Board of Publ 1 c Works.
<br />CONSTRUCTION BOND.
<br />M H. BURKE
<br />Contractor.
<br />Know all lien by these prevents, That we Wm. H. Burke of the County
<br />of St. Joseph, State of Indiana, as pr inc ipal , and Jno. E. Fischer of the County of St.
<br />Joseph and State of . Ind iana as sureties, are held and firmly bound to the City of South
<br />Bends Indiana; in the sun of Two Thousand Six hundred and ninety four -- Dollars (02,694, 0.0
<br />for the payment of which, wjll and truly to be made, we joIntly and severally bind our --
<br />selves , our heirs,, oxeeutora, a4Tm�"s rators and assigns, firmly by these presents.
<br />The conditions of the obligation are such that if the above named
<br />Wm. H. Burke shall faiihfully'camply'with the foregoing contract, made and entered into
<br />the 7th. , day of September 1918 with the City of South Bend , Indiana, and shall fulfill
<br />all the conditions- iand-'s ipula,tigrig "itiercin contained, according to the true intent and
<br />meaning thereof, in all respects; 'then this `obligation to be void, otherwise to be and
<br />remain in full feree and virtue in law. In the event the said City shall extend the time
<br />for the completion of said work, such extension shall not in any way release, the sureties
<br />on this bond.
<br />This shall be a construction bend, and the sureties on the same shall
<br />not be held responsible for the maintenknee and repair of the improvement after it has
<br />been accepted by the second party, but such sureties shall be held responsible for the
<br />faithful compliance with all other conditions, stipulations and requirements covered by or
<br />,vet out in the contract.
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