1928-01THIS AGREEMENT, made this 20th day of February, 1928, by
and between City of Clermont, a Municipal corporation, party of
the first part, hereinafter called "City", and Cox and Bryson
Paving Company, a corporation, party of the second part, here-
inafter called "Contractor", WITNESSETH:
THAT WHEREAS, the City Council of the City of Clermont, on
the 6th day of December, 1927, passed and adopted a resolution
accepting a proposition of the Contractor to complete certain
street paving work in the City of Clermont, known as Paving
Projects Nos. 5 and 6, and agreeing to pay the said Contractor
in Certfficates of Deposit and Charge-off on the First state
Bank of Clermont, in the amounts as are specifically set forth
in said resolution, to which reference is hereby made ; and
WHEREAS, the Contractor accepted said resolution as meaning
that any deviation in the actual figures of the contract units
from the estimates of the City Engineer would be settled for by
the City at the contract price for such extra work as may be
done in excess of the engineer's estimate; and
WHEREAS, some doubt has been expressed by the City Council as
to the engineer's estimate being sufficient to cover the total
post of construction, and at the request of the City the Contrac -
or has sent his own engineer and investigated and estimated the
work to be done, and has reported to the City Council that there
will be additional costs to that included in the estimates of the
City engineer, due to the elevation of the fill on Minnehaha Lake
shore drive, and the encountering of a muck bottom at such fill,
and,
WHEREAS, the City has no other funds for the construction of
this work except as are mentioned in the Resolution of the City
Council above referred to, and it is the desire of the City to
have a definite price fixed by the Contractor for the full com-
pletion of the said paving projects Nos. 5 and 6, therefore
IT IS HEREBY MUTUALLY AGREED : That the Contractor agrees to
and will complete all of the paving work on projects Nos 5
and 6, in accordance with the plans and specifications of the
original contract between the City and the Contractor, with
the exception of Minnehaha Lake Shore Drive between Lakes
Minnehaha and Winona; and as regards this last named street,
the bridge on the same over the canal connecting the above
named Lakes will be changed from the original plan of a con-
crete bridge, so that the same shall be made and constructed
of creosoted timber; and the fill connecting such bridge with
the street at either end will be raised to a height sufficient
to permit this bridge having a clearance over the water which
will be sufficient to meet the government requirements on such
bridges; and that the City shall not be required to pay any
sum in excess of the sum of $3,000.00 over and and above the
amounts of Certificates of Deposit and charge-off as mentioned
in the resolution of the City Council above referred to; the
cost of the original concrete bridge planned to be deducted
and the cost of the substituted timber bridge and the increase
yardage in the fill to be added to the original estimates ; but
the contractor agrees to furnish all additional yardage of fill
at 40 cents per cubic yard.
The intent of this arrangement being that the Contractor
guarantees to complete all of the said paving projects Nos. 5
and 6, with the change in Minnehaha Lake Shore Drive above men-
tioned, for the amounts in Certificates of Deposit and bank
charge-off which are mentioned in the res51ution referred to,
plus such sum, not to exceed $3,000.00, as may be necessary on
account of the increased cost of construction of the said Min-
nehaha Lake Shore Drive.
The additional cost referred to, not in excess of $3,000.00,
will be paid by the City upon completion of the work.
The Contractor further agrees to furnish the City with a bond
in the sum of $25,000.00, conditioned to the full and faithful
performance of the contract.
IN WITNESS WHEREOF the City of Clermont has caused these
presents to be signed by its Mayor and its corporate seal to
be affixed by its City Clerk, pursuant to authority duly given
by the City Council ; and the said Cox and Bryson Paving Com-
pany has caused these presents to be executed in its corporate
name by its President, and its corporate seal to be affixed by
its Secretary, all as of the day and year first above written.
CITY OF CLERMONT
BY: , Mayor
ATTEST:
City Clerk.
ATTEST
Secretary
Cox and Bryson Pavinging Company
By:
President
Signed, sealed and delivered
in the presence of
as to City.
as to Contractor.
Detroit
Fidelity and Surety
Company
Home Office: Milwaukee and Cass Avenues
Detroit Michigan
Serial No
Contract Bond
KNOW ALL MEN BY THESE PRESENTS: That we
Cox & Bryson Paving Company of Orlando, Florida
(hereinafter called the "Principal"), as Principal, and the Detroit Fidelity and Surety Company, a corporation organ-
ized and existing under the laws of the State of Michigan, of Detroit, Michigan, (hereinafter called the "Surety"), as
Surety, are held firmly bound unto City of Clermont, of Clermont, Florida
(hereinafter called the Obligee) in the sum of.Twenty-five-thousand Dollars
($25,000.00) for the payment whereof to the"Obligee the Principal and the Surety bi'nd themselves,
their heirs, executors, administrators, successors and assigns, jointlly and severally, firmly by these presents
Signed, Sealed and Dated this 29th day of February 1928.
Whereas, the Principal and the Obligee have entered into a certain written contract (hereinafter called the
contract), dated February 20 1928.
A copy of which is or may be attached hereto, and is hereby referred to and made a part hereof.
Now, Therefore, the condition of this obligation is such that if the Principal shall indemnify the Obligee
against loss or damage directly caused by the failure of t.he Principal to faithfully perform said contract, then this obliga-
tion shall be null and void; otherwise remain in full force and effect.
Provided, however, this bond is executed by the Surety, upon the following express conditions, which shall
be precedent to the right of recovery hereunder. .
1. The Obligee shall, at the times and in the manner specified in the contract, fully comply with all the terms
r thereof, and if the Obligee default in the performance of any matter or thing agreed or required in this bond, or in the
contract, the Surety shall thereupon be relieved of all liability hereunder.
2. If the Principal shall in any manner default in the performance of any matter or thing specified in the contract,-
or if the Principal shall abandon the work provided in the contract on the part of the Principal to be done, the Obligee
shall immediately so notify the Surety at its Home Office in the City of Detroit, Michigan, and thereafter the Surety shall
have the right at its option to assume, or assume and sublet, the contract and to proceed thereunder as if no default or
abandonment had occurred, and in such event all moneys agreed in the contract to be paid the Principal and which at
the time of default or abandonment are unpaid by the Obligee shall thereupon belong and become payable to the Surety
and shall be paid to it.
3. If at any time there come to the notice or knowledge of the Obligee information that any claim for labor per-
formed or for materials furnished the Principal in or upon the work specified in the contract remains unpaid, or that any
lien or notice of lien for such work or materials has been fIled or served, the Obligee shall withhold from the Principal
payment of any moneys due or to become due to the Principal under the contract until the payment of spch claim or dis-
charge of such lien or notice of lien, and will so notify the Surety giving a statement of the particular faots~d amount
of each such claim, lien or notice of lien.
4. If any changes or alterations by the Principal or Obligee shall be made in the plans or specifications for the
work described in the contract, the Obligee shall immediately notify the Surety thereof, giving a description and stat-
ing the amount of money involved by such changes or alterations. Provided, however, that should the cost of such
changes or alterations in the aggregate amount to a sum equal to 10 % of the penal sum of this bond, no further changes
or alterations shall be made by the Principal or Obligee until the consent of the Surety shall first be obtained thereto.
5. In the event of the destruction of or injury to the work specified in the contract by fire, by riot, mob, the
elements, earthquake, cyclone, tornado, lightning, public enemy or any act of God, or through so-called strikes or labor
difficulties the Surety shall not be liable for any loss or damage whatsoever resulting therefrom.
6. This bond does not apply to nor cover guarantees of the work specified in the contract; nor of its efficiency
nor of the wearing qualities thereof; nor for maintenance of or repairs thereto unless hereinafter specifically agreed to as
being covered by this bond; nor for the furnishing of any bond; nor to the payment of any damages or compensation
either at common law or under any statute, Federal or State, arising from or growing out of injuries to persons or property;
nor for failure to procure insurance or to comply with any statute covering such damages or compensation; nor the furnish-
ing of any policy of insurance; nor for damages caused by delay in completing the work except such damages as have
actually been sustained and proved, but in no event in excess of 10% of the penal amount of this instrument.
7. The Surety shall not be liable for the infringement of any patent, or for the validity of any letters patent
granted by the United States in connection with any article which is required by the contract to be furnished by the
Principal; nor shall the Surety be liable hereunder unless the consideration paid by the Obligee to the Principal for the
performance of the contract shall be cash.
8. None of the conditions or provisions contained in this bond shall be deemed waived or altered by the Surety
unless the written consent to such waiver or alteration be duly executed by its President or a Vice-President and its seal
be thereto affixed and duly attested; nor shall the Obligee consent to an assignment of the contract or any part thereof
without the express consent of the Surety duly executed and attested as aforesaid; nor shall this bond or any rights there-
under be assignable except with the consent of the Surety duly executed and attested as aforesaid.
9. No action, suit or proceeding shall be had or maintained against the Surety under this bond unless it shall
be brought or instituted and process served upon the Surety within six (6) months afte the date, time or period fixed
in the contract for the conmpletion of the work specified therein.
10. All notices and other evidence required by this bond to be furnished by the Obligee to the Surety shall be
in writing and shall be forwarded by registered mail to the Surety at its principal office in Detroit, Michigan.
11. No right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the
Obligee named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only.
Signed and Sealed in presence of
Detroit Fidelity and Surety Company
by
Attest
Contract Bond
on behalf of
Cox & Bryson Paving Company
In favor of
City of Clermont
Amount $25,000.00
Dated February 29, 1928
Expires
Detroit
Fidelity and Surety
Company