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<br />CONSTRUCTION Uf)ND
<br />1y� [i gee pats. .That we-.---- --- �11h1t@.:_4.Q11B#ixtl.0iQ.A..GQ.a.... ..w..............
<br />of the County of. .......... ilvauke----------- State .. as pruaci-
<br />pal, and .......... '-Yia.Ltd---oa ltex`._0omS.an� --- of Baltimores Maryland_ (a._corporation)
<br />of the County of -------------------------------------------- - and Sta.' of
<br />as sureties, are held and firmly bound to the City of South Bend, Indiana, in the suns of...._.......:_.........'..
<br />-- ---------- Ane- ... Tha.said--- Eight ..hUrldr4d-- rtZ.-seven-► ..:._ Do13.ars (s 19847.0g,
<br />for the payment of which, well and truly to be made, we jointly and severally bind'oursclvcs, o .i ltci
<br />executors, adminstrators and assigns, firmly by these p. esenvs. .
<br />The ,conditions of the obligation are such that if the above' named........ }.._ 4.................. ....... .............. "
<br />_.,.. .......... Wixt#.Q---- Gonatrika.tl.Qu..CO.a .....shall faithfully comply, with the foregoing coid.i.-act,
<br />made and entered into the -------------- 9 11.0----------------- - day of.....: .....ST.la,Ik .19-21 ......�.e.
<br />with the City of South Bend, Indiana and shall fulfill ,alr th- conditions and stipulations therein contained,
<br />according to the true intent and mea�iing.th?reof, in all respects, theh3his obligation 'to be void, otherwise
<br />to°lie and remain in fall force and virtue in law. In the eve. ;'the said City shallOxttnd the time for the
<br />completion of said work, such extension.shall not in aqy way, release the sureties bn this bond,
<br />This shall be a construction bond, and the sureties on: the same shall not be held responsible for the
<br />maintenance and repair of the improvement after it has been accepted by the second, party but such sureties .
<br />shallbe held responsible for the fait',rul compZance with all. other conditions, stipulations and requl cirimts
<br />co u cd by or set out in the contra t. °
<br />. G,. hit :cs hild st;As t N..,.. gth - July.. 1921 0
<br />MARYLAND CASUALTY COMPANY THE WHITE CONSTRUCTION CO.
<br />By EA�I1� �►. - Y---_---..-._-_------.(� }.} .... i t E. "WHfiTE , , ..,,.....
<br />Its Attorney in foe -, Ares+ & Treas
<br />w
<br />g: Wentsl: i -
<br />. L., ....-...g.,.. B. ,DEWEZLER,ecA)
<br />T;:e acute bond.ai,lzcyed this 12th.._ ...._...�... } - July :,1921:...
<br />---- - ..
<br />(; ---A;---- R1Ar1-0-TT =--= ._.._.......
<br />H. F. ROSTISER.
<br />J6W;F:''_DESAiiEN_
<br />PUBLIC IMPROVEMENT' CONTRACT.
<br />'_PHIS'.AGREMENET� MADE ENTERED I 0_ T HLg $62T ; . DAY OF
<br />Jul 192 by and between Harry N. Barnes "of t' he Count of St. Josepph and State of
<br />Indl ma 1hereinafter referred to as the Co tractor..), and the Cit of So th Bend
<br />in tie County of St. Joseph, and State of Cfngrt
<br />na, by anthrough 1 s Board of Public
<br />Works hereinnaa ter re er.1919059
<br />ed to s " Cit u dpF and y virtue -of n ct ohe
<br />Genera Assemb�y of t�e ate W I��ana, e�i#�le� An ActConcerning �un�cipa orpora—
<br />ations , approved March an all amenuatory and su pplemental acts thereto:2
<br />`Witnesseth, that the contractor covenants and agrees to construct,
<br />sidewalk on Emerick Street from Howard Street to Leeper Avenue, in the . City of South Bea
<br />Indiana at and for the following prices:
<br />curbing per lin ft..........:.. ...............$-35
<br />Grading per cu. yd... ......................1.00
<br />2475, sq. ft. cement wally per sq. ft.:.........,,lg
<br />and to perform all work in the prosecution. t;f said improvement under and according to the terins awe coin-
<br />ditions of Improvement Resohit-ion No. ..__M. P-7 ------- adopted b� the Board of Public Works... 1921.
<br />and .the plans, profile. a.nd specifications on file in -the' office of the bepa. tment of Public Works. '�vlit •sa%
<br />-resolution, .plans, profile and specifications are made a part hereo ';as' fully and eftectualry as if copied and
<br />set out herein at full length. °
<br />The contractor further expressly covenants and agrees that in the prosecution of 'sad -work all proper
<br />skill and care - i!1 be exercised; that he - -='l pro*>Arly a' d p o`'�,t. all excavations aini dangerous places,
<br />and will use all due and proper precaution to prevent inju.•y to :r.y person or p-rn.-ty; that it *1^e event c;
<br />any injury or damage resulting from the wor`� or resultir from ar.y matter or thing conr.-ctpd, therewit% or
<br />arising therefrom, to any person or property, he w=11 Pay ar4 liquidate the same at tis ot-,n expense, and as.
<br />surne the liability therefor; and.in the event of any claim or claims being made or any action or actions being
<br />brought against the city by reason or on account of or growing out of s,�.id work or its construction, r: said
<br />contractor will at his. own expense defend the same,.and Nvill pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. 'And f
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />then any judgment rendered •against the city shall be conclusive against the contractor and against the surety
<br />on his construction bond; as=to the amount, inability and other matters pertaining thereto.
<br />And the corsractar agrees to maintain said impro -rcrient a3 , i ;ae:e su :h repairs as may o-, t:s;iessary _.
<br />the period and in the manner as fixed by the »?eifticatiorlg, and to securg ttie tna nterlanee end repair thereof
<br />to a with the Board of Public Works a bond with sufficient aiAmt - theregn and in art et punt fix e by the
<br />specifications, And in doing such repair work the contractor and the aunty eAhis fuatee
<br />subject to the savue liability to the city and any other person for any injury or damk#4 tq 1,,qy pens rl 9
<br />arty in the same manner and to the same extent as is fixed in 'the last preceding pljrajraish of vell l psi eA =
<br />struction work.
<br />And it is further agreed by and between said rarf% a thnt the ateeptafiee of the Work rovidid for In t.Mf
<br />Contract, or the payment thereof, shall .not constitute a waiver on the part of the elt<y o stly f the povil=
<br />lows of this contract, nor shall it release_ said co.itructor or the sureties an hid bolld for the fait h1 elf�or
<br />&nee thereof; nor shall the acceptance be prima facie evidence of the perjortnaltee of any prov ligh of thil '
<br />contract, except to the extent of entitling the contractor to the contract price therefore
<br />The contractor agrees to pay for all labor and materials used or furnished to he held In th, kip
<br />®�
<br />such improvement and in the performance of this contract, whether done of 1urnidhed for hill, 3y1,, 11441
<br />assignee, successor or subcontractor; and the city may reserve out of arty allowance made an 21,; Ali to
<br />~ In -favor of the contractor or h,- assigns, or out of the Amount due him or hie aee3pr open the so lI of on
<br />of, the work, so much as -may >cessary to pay all laborera or materita men lot ai it eft f s lam'
<br />W rk done or materials: used or furnished -to be used in the perfarstlants of this cofitrsit "d 0.1
<br />said,work, and the county treasurer, acting as city treasux�r, ttt2L retalts mom /�11 11 � it, if
<br />owners assessed for said tuq)rovement to pay such debts or"utitil t e�+satifftitoX Yf►- `.
<br />paid or ;satisfied ,
<br />
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