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- l - <br />"8 <br />Wednesday October 12th., 1921. Coxt�u�d� ° <br />AFFIDAVITS FOR PERSONAL SURETIES. <br />STATE OF INDIANA <br />ST. JOSEPH COUNTY 3 SS <br />I, red�, V�. eller swear t t I owwl�,, real s to i St. J e»k <br />o s >dS�ars oer ovwehichaebae�esseant eeex���loroi$ © ee�mef�� <br />as felieve so help me GO P y <br />FRED W. KELLER. <br />SUBseribed.and sworn to.befor.e me the undersigned. Notary,PUf3 is <br />this llth. clay of October 1921' <br />CLAudine Brickell SNoke, <br />My COmmissl obi expires- July "10,1923. Notar�,PUblie <br />STate of Indiana <br />St, Joseph County 3 SS <br />I Leslie °C. WRiteomb swear that' I 6wn,,,rea1 estate is St. <br />Joseph COunty, State of adiana, or which I am possessed in fee simple of the value <br />of FIve Thousand Dollars over and above my iade tedxess and the exemlblion allowed Die by <br />laws as I.believe so help me GOD. ° <br />L. C.. WHITCOMB <br />fibe sworn.to before me, the undersigned, Notary publis <br />this llth. day of Oc 0 berc921 <br />ibed and savor <br />° CLAudine Brickell SNOKe <br />M. COMMission expires J Ly 10 ,1923• Notary PUBLie <br />° "PPBBLIC IMPROVEMENT CONTRACT. <br />hh THisJagreement" MADe an4 ,entered- into this .12th. dLo ,OCtober <br />1e Xa Xtd-..be¢tvierr ,Jd05teph A.-Lukh6901iato"he g3unthyd°t�St.JIttsoIOArhsa hSBA a ofIN iAxA <br />J02 <br />it o 5 1 se it as NAte off' st,' � l�n1' hrou . isdof � Lie IS <br />Here ter referred to as theity anger an by irtue of an ACt o� the GENerio�l <br />Assembly of the StAte of INDiAna, eAtiUid " AN AC CONCerning MUNICipA1 CORPOAtions, <br />approved. MARCh 6,19--05, and all amendatory and supplemental ae s thereto:- <br />11VITnessetb., • that the contractor covenants .and agrees to place water <br />tto s on MILTon STReet rom-Fellows STR et to' RUSH Streets in the, Ui-ty of SU`j.'H BEND, <br />Indianaal and for.,the lowi»l;, -or ices: <br />°Lofg ° siri6 °a' inch61idk.... ..... ........ I+ .00 <br />taus.ohaSHOrt side -I inch each.......-...18.00 <br />° <br />}l � rovement under and accor�n to the tcruas a4-A c.>�a-. <br />dlfl@q§ of I pfov@it- l poolitfifem adoptedby the 'ikoara of Public . Works ._..aiP t.*_J# 1921. <br />Mid *@ platt§, pf®Al@ xM specifications nn file ;n the office of t?,e Depa= tment of Public Works, wh;ch sa <br />plans, fohlt and specifications are made a part hereof as fully and effectually as ;if copied and <br />set out W@lft At full length. <br />`Fh@ Contractor further expressly covenants and agrees 'that in the prosecution .of said` work all proper <br />§kill i�nd tiff@ '= ill be exercised; that he .-r-M p-on ' - d p-o ^ct all exesvations and dangerous places, <br />and 4 rill u§@ §1l due sand proper precaution to prevent injury *o ,.nv person or,pronerty; that in the eve;it of <br />&q.lujury of damfl:ge resulting from the w11"'.: or resulting from any matter or thing connected therewith or <br />fl§ln th@f@ffoni, #® any person ®r property, he v�'lLnay anri liq, idate,the same at his.;own expense, and as - <br />§um@ Ili@ l ability th@rtfor; and in the event of any claim or claims being made or any action or actions being <br />Wtight itgaffist tit@ city by reason ®r on #p.ccount of or growing out of s=id cork or its construction, the said <br />0®Rtfai tof will at his own expense defend the same, and will pay any judgment recovered therein, and will in <br />all f@§pc@t§ fully indemnify and save harmless said city, its officers, agents or representatives from all cost, <br />t pt=ii§@3 odywilt or Juagtflent recovered in connection with such claim or -claims, action or actions. And if <br />within tmi Jaya aft@r any sash action is begun, the city shall notify the contractor of the pendency thereof, <br />thin my 11901W ant rendered agtiinst the city shall be conclusive against the contractor and against the surety <br />*" his mt§tfutfitn b4nd, as to th- virmount, liability and other matters pertaining thereto. <br />- ;.i fi tide cc�z:crac-or �ii{r� S w 1:iamtaln s is Ilii::r�i i,:. ,:n? ... 3 _ ,•...__e s?; t: repalr,6 as may � 11ecc'a�ary <br />ice period and in the sn'unner as fixed by the specifications, and to sec4re tie maintenance and repair thereo• <br />o file with the Board of Public 'Works a bond with su ficiont surety thereon and in an amount as fixed. by the <br />specifications, And in doing such repair work the contractor anel the scit°ety on his gparantee band shall N <br />subject to the same liability to the city and any other person for any hlirtry "or damage to any pers rn or prop- <br />erty in the same manner and to the same extent vs is fixed in the last precedhig paragraph covering the con- <br />struction .work. <br />A -ad it is further agreed by and between said tart ys thnt the acceptance of the work provided for. in tSi: <br />contract, or the payment th�ereef. shall not constitute a waiver can the, part of the vity o any of theprovfs- <br />ions of this contract, nor shall it release said contractor or the sureties on his bmid fnr tl,e faithful perform- <br />ance thereof; nor shall the acceptance be prima facie evidence of the performuitoo of any provision of thit <br />contract, except to the extent of entitling the -contractor to the cimtract price therefor. <br />The contractor agrees .to pay for all labor and materials utwd or fur-niirhed to .be used.in the making of <br />such improvement and in the performance of this contract, whether done or furnished for him, of his agent, <br />assignee, successor or subcontractor; and the city may reserve out of any allowance triode on any astiviatt <br />_ in favor of the contractor or i,; N assigns, or out of the amount due him or his assigns upon the complatior- <br />of the work, so much as ma,. 'cessary to pay all laborers or materiar vion for atrrounts due tham i <br />work done or materials used or urnished too be used in the p6rforn1ctA4;e of rids ccirif�rat t Ltd tkre doing of <br />said work, and the county ercasurer, acting as city treasurer, rna retain molar y col!��ted from propene <br />owners assessed for said imprvvuratnt to pay such debts or until fi € ctvlity&!-t i-r, � . s 0 A tlu�y l 4ym, 63, <br />paid pr satisfies <br />