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HomeMy WebLinkAbout1991-015 EDARCommissioner Celia Scott resolution and moved its adoption: June 10, 1991 Date EDA RESOLUTION NO. 91 -15 introduced the following RESOLUTION DECLARING NOBLE NURSERY, INC. IN DEFAULT OF OBLIGATIONS UNDER LANDSCAPING CONTRACT WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center (hereinafter the "EDA entered into a written agreement dated May 30, 1989, entitled Earle Brown Farm Restoration, Brooklyn Center, Minnesota, bid package number 39 -Site Amenities (hereinafter the "Agreement with Noble Nursery, Inc. (hereinafter the "Contractor for landscaping at the EDA's Earle Brown Heritage Center; and WHEREAS, the Contractor provided performance and payment bonds for the performance of work under the Agreement from Amwest Surety Insurance Company of Woodlake Hills, California (hereinafter referred to as the "Surety and WHEREAS, the EDA has determined on the basis of information provided by its Executive Director that the Contractor is in default of its obligations under the Agreement and has not satisfactorily performed or completed its work under the Agreement; and WHEREAS, by letter dated May 17, 1991, legal counsel for the EDA gave formal notice of default to the Surety. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: 1. The Contractor is hereby declared to be in default of its obligations under the Agreement. 2. The determination by the Executive Director and notification by legal counsel for the EDA to the Surety giving written notice of default is hereby confirmed and ratified in all respects. 3. The Executive Director and legal counsel are hereby authorized and directed to take any and all action necessary to enforce the obligations of the Surety under the performance and payment bonds provided to assure performance of the Agreement. Todd PauL( on, President The motion for the adoption of the foregoing resolution was duly seconded by commissioner Jerry Pedlar and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.