HomeMy WebLinkAbout1975-180 CCR I
Member Tony Kuefler introduced the following resolution
and moved its adoption:
RESOLUTION NO. 75 -180
RESOLUTION DIRECTING PAYMENT TO THE HENNEPIN
DISTRICT COURT FOR FINAL DISPOSITION OF CONTRACT
1973 -F
WHEREAS, on October 8, 1973, the City of Brooklyn Center
entered into a contract with Knudson and Trail Cement Contractors,
Inc., (hereinafter referred to as "contractor for the install-
ation of sidewalk at various locations within the City; and
WHEREAS, the said contractor posted a performance bond
in the amount of $180,309.50 with the Summit Insurance Company of
New York as surety to guarantee performance of said contract and
for the protection of sub contractors pursuant to law; and
WHEREAS, on December 20, 1974, the City received notice
from said surety that the said contractor had not paid several
sub- contractors and material men, and said surety requested that
the remaining balance of the contract price amounting to $5,569.23
be retained in escrow by the City of Brooklyn Center until further
notice; and
WHEREAS, Lino Lakes Landscaping, a sub- contractor for said
contractor, filed a claim in the amount of $7,715.66 with the
Hennepin County District Court against the contractor, his surety
and the City of Brooklyn Center for payment of remaining balance
due from the contractor for work performed; and
WHEREAS, on August 15, 1975, the Hennepin County District
Court ordered the City of Brooklyn Center to pay over to the Clerk
of District Court retainages in the amount of $5,569.23 to be
awarded to and among the various parties as their interests may
ultimately appear and dismiss with prejudice, the claims of Lino
Lakes Landscaping and all other parties making identical claims
against the City:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center, Minnesota that the City Treasurer is
hereby directed to pay the amount of $5,569.23 to the Clerk of
Hennepin County District Court as final payment of Sidewalk
Contract 1973 -F.
September 8, 1975
Date Mayor
o
ATTEST. Clerk
RESOLUTION NO. 75 -180
The motion for the adoption of the foregoing resolution was duly
seconded by member Bill Fignar and upon vote being taken
thereon, the following voted in favor thereof: Philip Cohen,
Tony Kuefler, Bill Fignar and Robert Jensen;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
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