1929-01Contract
This agreement made and entered into this 10th day of
February A. D., 1929, by and between City of Clermont, a Municipal
Corporation in Lake County, Florida, hereinafter called "City", and
Gray Artesian Well Company, a Co-partnership composed of A. C. Gray
and M. J.. Gray, hereinafter called "Contractor", WITNESSETH:
That the Contractor agrees to drill and construct a
well for the City, furnish all necessary labor, machinery and
supplies, such well to be located upon the parkway adjacent to the
present elevated tank in the City of Clermont; the exact location
of the well to be determined by the contractor and the Chairmen
of the Water commlttee ot the City Council.
The well shall be 10" in diameter and cased where nec-
essary with standard steel well casing, which shall be furnished
by the Contractor; a steel drive shoe shall also be furnished by
the Contractor. The Contractor shall use 10" casing the entire
depth except where casing is unnecessary, unless such formation
is encountered as makes it necessary, in the judgment of the
City's Engineer, to reduce the size; but no size casing shall be
used vlhich will not peromlt of a supply of 500 gallons of water per
minute.
The well shall. be drilled or constructed to such depth,
as will insure a supply of not less than 500 gallons per minute
of water when equiped with adequate pump equipment; the
Contractor guarantees that the completed well shall have a capacity
not less than that at the present well located at the elevated
tank referred to.
In lieu of testing for the capacity of the well, it
is agreed that the bond to be furnished by the Contractor shall
cover the Contractor's guarantee of such capacity, and.that if
the well shall be equiped with pump equipment within one year from
the date of its completion and shall fail to have the capacity
guaranteed for, then the Con tractor shall return and place the well
.
in such condition by enlarging or deepening as will provide the
guaranteed capacity, and the said Contractor shall be liable upon
his bond for failure so to do.
The Contractor shall use adequate and proper drilling
equipment and shall commence actual drilling not later than
February 15, 1929 and shall continue without interuption, unless
by causes beyond his control, until the well shall be completed.
The Contractor shall hold and save harmless, the City from all
liability from injuries to persons or property caused by the
negligence of the Contractor, his agents or employees.
The Contractor shall furnish a Surety Bond payable
to the City, conditioned to the full and faithful performance
of this contract, and to protect the City for injuries to persons
or property as above stated, and for the purpose of guaranteeing
the capacity of the well.
The Contractor agrees to accept as his entire compen-
aation for the faithful performance of his contract, one $1,000.00
Capital Fund Bond, Series One of the City of Clermont, Florida,
dated July 1st, 1927, and maturing on July 1st , 1934,
such bond bearing 6% interest payable semi-annualy.
The City represents that said bond is in all respects
the valid.obllgation of the City of Clermont, Florida, and that
such bond is properly payable from the Street Assessment Fund of
the City of Clermont, and the City further agrees that if such
bond be not promptly paid at maturity from said Street Assessment
Fund, then theCity will pay $100.00 monthly on said Bond from
its maturity date, out of the receipts of the Water Department of
the City at Clermont, and continue until such time as said bond
with 6% interest is duly paid and discharged.
The Bond shall be delivered to the Contraotor when the
well is completed and accepted. The City shall not be liable for
any other payment than that herein mentioned, unless upon an
order in writing signed by the ChaIrman of the Water Committee
ot the City Council.
The well shall be constructed under the direction and
supervision of the City Engineer.
IN WITNESS THEREOF, the City of Clermont has caused
these presents to be executed in its Corporate name by its Mayor
and City Clerk, by authority of the City Council, and the said
contractor has caused these presents to be executed by A. C. Gray
a co-partner ot the firm of Gray Artesian Well oompany, duly
authorized so to do the day and year above written.
C!TY OF CLERMONT,
BY
Mayor
ATTEST:
City Clerk
GRAY ARTESIAN WELL COMPANY,
By
Executed in the presence of:
CONTRACTOR'S BOND 7590 -D
KNOW ALL MEN BY THESE PRESENTS, that we, A. C. Gray
and M. J. Gray, Co- partners, trading as Gray Artesian Well Company,
of New York as principals, and American Surety Company/ a Corpor tion, as
Surety, are held and firmly bound unto the Mayor of the City of
Clermont and his successors in office, in the full and just sum
of One Thousand ($1,000.00) Dollars; and for the payment thereof
well and truly to be made, we bind ourselves, our heirs, successors,
administrators and assigns firmly by these presents.
Dated this 25th day of February A. D., 929 and signed
with our seals.
The condition of this obligation is this: That whereas
the said A. C. Gray and M. J. Gray, Co- partners, trading as Gray
Artesian Well Company, have entered into a certain contract with the
City of Clermont, Florida, for the purpose of drilling and construct-
ing a well for the said City, a copy of which contract is attached
hereto. Now, if the said Gray Artesian Well Company shall well and
truly perform all its obligations under the said contract and shall
hold and save harmless the City of Clermont from all loss or damage
to persons or property caused by the negligence of the contractor,
and shall complete for the said City a well as described in the said
contract, which well shall have a capacity of not less than 500
gallons of water per minute, then this obligation shall be void,
otherwise to remain in full force and effect.
GRAY ARTE _LAN : COMPANY,
Signed, sealed and delivered By (Seal)
in presence of:
AMERICAN SURETY, COMPANY OF NEW YORK
By (Seal)
Resident vice president
(H. N. Hutchson)
Attest:
Resident Assistant Secretary
(C. L. Born)
Countersigned:
Agent, St. Augustine, Fl orida. -