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HomeMy WebLinkAbout60- B. & E. Co. Inc. Agreement . .. .. . ;0 .. .. . AGREEMENT THIS AGREEMENT, Made and entered into this 27th day of ~ January A. D. 1960, by and between B. & E. CO., INC. , a Montana corporation having its principal place of business at Bozeman, Montana, party of the first part, hereinafter called First party, the CITY OF BOZEMAN, a municipal corporation in Gallatin County, Montana, party of the second part, hereinafter called Second Party, and F. P. MESSMER and T. G. HAGGERTY , co- partners, doing business as Haggerty-Messmer Co., of Bozeman, Montana, parties of the third part, hereinafter called Third party; WIT N E SSE T H: WHEREAS, First Party and Third Party did on the 2nd day -..-. of July 1959 enter into a certain Contract Agreement whereby Third Party agreed to construct and install a water distribution system for New Hyalite View Subdivision, Bozeman, Montana, and First Party agreed to pay a fixed price for said work; and WHEREAS, the aforementioned Contract Agreement between First party and Third party contained a guarantee clause which is more particularly set forth on page 9 of the General provisions of said Contract Agreement and reads as follows: "Guarantee 30. The Contractor shall unconditionally guarantee the Work for a period of one year from the date of acceptance, against defects in material or workmanship. If such defects are found, the Contractor shall correct them or pay to the Owner the cost of having them corrected." and WHEREAS I the work under said Contract Agreement is not as yet completed but First Party and Second Party desire to determine . .. ; .. . . - Second party's account with First party for certain payments owed by Second party to F;i.rst Party in accordance with the provisions of the Subdivision Ordinance of the City of Boze- man: and WHEREAS, Second Party is willing and ready to pay First Party in full on said account provided that First party assigns to Second Party the aforementioned described Guarantee for its protection. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter mentioned, the parties agree as follows: 1. That First party hereby assigns, transfers and sets over to Second party the above mentioned Guarantee running from Third party to First party; 2. That in consideration of such assignment, Second party agrees to pay to First Party all sums due First party from second -,. Party on account of the difference in pipe sizes as provided in the Subdivision Ordinance of the City of Bozeman; 3. That Third party hereby consents to said assignment of the Guarantee and hereby unconditionally guarantees the work in said water distribution system against defects in material or workmanship for a period of one (1) year from the acceptance by First party of said water distribution system; 4. That all the parties hereby agree that all the benefits of the Guarantee shall inure to Second party from the date of this contract to the expiration of the one year period. IN WITNESS WHEREOF, B. & E. Co. , Inc. has caused its corporate name to be subscribed and its corporate seal to be affixed by its proper officers thereunto duly authorized, the City of Bozeman has hereunto set its hand by its Mayor and Clerk of the City Commission, each thereunto duly authorized, and the parties of the third part have hereunto set their hands and -2- . .... . ~. .II" ",. '.. ~ seals, all as of the day and year hereinabove first written. ATTEST: ': B '. ""'~'?~ -:' ,,' // r-;P::~" J /~...: "J//])':.?:'~ ,y --~,' " 'secretary CITY OF BOZEMAN ~ ATTE3'I.':' , - " B~ ~ ~~~/ /, ~/L .I ~, I/;. , Ma" yor _ ~- /) ,.~ C.-/r7.,('/ Clerk of the city CommJ.ssJ.on-', '.- '----/, .. "'1' -_...- /' 'L".-,' ".. V' ... /' " "",':....,..,:>.,.,..~.,.......-.,,.,......"c>..2' ,/ ( ,....r., , ......... ........".,.__ ......, ~' _' , ' ( SEAL) F. P. Messmer ./ '1"",/' ,,", ? .,/ / /,'" :t:... j'; /" -,* _._~_.- .", ,,<' .~ ._",:'-;--',"7:-7 ." --,~~., (SEAL) _/ ,. " , ...~.i,."'I{''''J',,",:'';r "r T. G. Haggerty;'/" c/'/