Res 73 - 33 Accepting Work & Authorizing Final Payment for Sibley High School Area ImprovementsVi3lage of Mendota Heights �
Dakata County, Minnesota
'• RESOLUTION N0. ��
RESOLUTION ACCEPTING WORK AND AUTHORIZiNG
FINAL PAYMENT FQR SIBLEY HI�H SCHOOL AREA
; SMPROVEMENTS ( IMPROVEMENT N(7. 7 0, PROJECT NO . 5)
��IHEREAS, the Village of Mendota Heights entered inta a written con-
tract on September 3, 19'70, with Don Anderson Company, Inc. fcar the
construction by said Don Anderson Company, Inc. of sewer, water
and street improvements to serve the Sibley High School area
{Zmproverrtent 74, Project Na. 5} , and .
WHEREAS, the construction o� said improvements has now been completed,
and
WiiEREAS , Fidelity and Depasit Company a� ��Iaryland {"Fidel.ity" } executed
and delivered to the Village a l.abor and material payment bond da�ed
September 8, 1970, as surety for the performance by said Don Anderson
Company, Inc. of its obl.igations under said construction contract,
and
WHEREAS, Fidelity as said surety ha� paid certain claims relative
to the abave described improvement project pursuan� to and in accor-
dance with the terms of said labor and material. payment bond, and
WHEREAS, by reason of said payments, Fidelity has asserted that i�. has
ara interest in and to the fin.al payment due from the Villag� on said
improvement project superior to any other claimant and/or any govern-
mental taxing authority, and
WHEREAS, Fidelity has requested tha� the Village pay ta it the final
payment due on said canstruction contract and as co.nsideration far
said payment Fideli�y in wra.ting has agreed wi�.h the Village that
it wii.]. indemnify and hold the tlillage harmless against any and al2
c].aims, demands, causes o£ action and damages which may be asserted
against the Village by reason of said payment ta Fidelity. •
NC}W THEREFORE, ZT IS HEREBY RES�LVED bp the Village Council o£ the
�� Village af Mendota Heights as follaws:
i} That the work campleted under said improvement contract
is hereby accepted and approved. '
2) That in considera�ion for the written agreement of said
Fidelity to indemna,fy and hol.d the Village harm3ess as set
forth above, the Village sha11 forthwith pay to said Fideli�y
m
,
. -�-` . `"
the final payment due by the Village under said construc-
tion contract o�' September 3, 1970. -
,
Adopted by the Viilage Council of the Viliage of Mendota Heights
this lst day af May, 1973.
VILLAGE COUNCIL t
VILLAGE �F MENDOTA HEIGHTS
By U�..
Donal L. u er
� Mayor . _
0