HomeMy WebLinkAboutSTREET AND PUBLIC EASEMENT EXCAVATION BONDSTREET AND PUBLIC EASEMENT EXCAVATION BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
(Name and Address)
AS PRINCIPAL (HEREINAFTER CALLED THE “PRINCIPAL”), AND
(Name of Surety)
A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF
, DULY LICENSED AND AUTHORIZED TO TRANSACT A
CORPORATE SURETY BUSINESS IN THE STATE OF MINNESOTA. AS SURETY (HEREINAFTER
CALLED THE (“SURETY”), ARE HELD AND FIRMLY BOUND UNTO THE CITY OF COLUMBIA
HEIGHTS, A MINNESOTA MUNICIPAL CORPORATION, AS OBLIGEE (HEREINAFTER CALLED THE
“CITY”). IN THE AMOUNT OF FIVE THOUSAND AND NO/100 ($5,000.00). FOR THE
PAYMENT OF WHICH SUM THE PRINCIPAL AND THE SURETY BIND THEMSELVES. THEIR HEIRS,
EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY,
FIRMLY BY THESE PRESENTS.
WHEREAS, THE PRINCIPAL INTENDS TO EXCAVATE, DIG, TUNNEL, TRENCH OR DIG
(HEREINAFTER CALLED THE “EXCAVATION”) IN OR UNDER THE STREET, ALLEY, PARK, OR
PUBLIC EASEMENT IN THE LOCATION BELOW DESCRIBED. FOR THE PURPOSE OF DOING THE
WORK (HEREINAFTER CALLED “THE WORK”) BELOW DESCRIBED; AND
WHEREAS, A BOND IS REQUIRED BY CITY CODES, AS AMENDED, BEFORE ANY SUCH
EXCAVATION IS DONE.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT IF THE PRINCIPAL,
IN MAKING AND DOING THE EXCAVATION AT
(Street Address)
or
Various locations within the City of Columbia Heights (ongoing with annual renewal)
FOR THE WORK CONSISTING OF
______________________________________________________________________________
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SHALL:
A. STRICTLY COMPLY WITH THE ORDINANCES OF THE CITY AND THE LAWS OF THE
STATE, WHETHER NOW EXISTING OR HEREAFTER ADOPTED;
B. PAY ALL PERMIT FEES REQUIRED BY SUCH ORDINANCES AND ALL PENALTIES
IMPOSED UPON HIM FOR THE VIOLATION OF ANY ORDINANCES, RULES OR
REGULATION OF THE CITY;
C. IN ALL RESPECTS WELL AND FAITHFULLY PERFORM ALL THINGS BY HIM
UNDERTAKEN IN THE MAKING OF THE EXCAVATION AND DOING OF THE WORK,
AND SHALL SAVE THE CITY HARMLESS OF AND FROM ALL CLAIMS, JUDGMENTS OR
OTHER COSTS ARISING THEREFROM OR FOR WHICH THE CITY, CITY COUNCIL OR
ANY CITY OFFICER MAY BE MADE LIABLE BY REASON OF ANY ACCIDENT OR INJURY
TO PERSONS OR PROPERTY THROUGH THE FAULT OF THE PRINCIPAL OR ANY
PERSON IN HIS EMPLOY. EITHER IN NOT PROPERLY GUARDING THE EXCAVATION
OR FOR ANY OTHER INJURY RESULTING FROM THE NEGLIGENCE OF THE PRINCIPAL
OR ANY PERSON IN HIS EMPLOY;
D. WELL AND TRULY PERFORM AND FULFILL ALL UNDERTAKINGS, COVENANTS,
TERMS AND CONDITIONS OF THE PERMIT ISSUED BY THE CITY CODES FOR THE
MAKING OF SUCH EXCAVATION; AND
E. RESTORE ALL STREETS, ALLEYS, PARKS OR PUBLIC EASEMENTS IN WHICH THE
EXCAVATION IS MADE TO THEIR FORMER GOOD CONDITION IN ACCORDANCE
WITH CITY OF COLUMBIA HEIGHTS CODE OF MANAGEMENT REGULATIONS FOR
THE PUBLIC RIGHT OF WAY, AND WILL KEEP AND MAINTAIN SAID STREETS,
ALLEYS, PARKS OR PUBLIC EASEMENTS IN GOOD CONDITION, TO THE
SATISFACTION OF THE COUNCIL OF THE CITY, FOR THE PERIOD OF TWO (2) YEARS
NEXT THEREAFTER.
THEN THIS OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL
FORCE AND EFFECT.
IT IS HEREBY AGREED BY AND BETWEEN THE PRINCIPAL AND THE SURETY AS
FOLLOWS:
1. SURETY HEREBY WAIVES NOTICE OF (a) THE ISSUANCE OF THE PERMIT ISSUED
PURSUANT TO CITY CODES AND ANY MODIFICATIONS OR RENEWAL OF SAID
PERMIT; (b) ANY EXTENSION OF TIME GRANTED BY THE CITY; AND (c) ANY
AMENDMENT TO THE ORDINANCES OF THE CITY AND THE LAWS OF THE STATE.
2. WHENEVER THE PRINCIPAL SHALL BE DECLARED BY THE CITY TO BE IN DEFAULT
UNDER SAID PERMIT OR THIS BOND, THE CITY HAVING PERFORMED THE CITY’S
OBLIGATIONS THEREUNDER, THE SURETY MAY PROMPTLY REMEDY THE
DEFAULT OR SHALL PROMPTLY:
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(a) COMPLETE AND FULFILL THE OBLIGATIONS OF THE PRINCIPAL
UNDER THIS BOND AND SAID PERMIT; OR
(b) OBTAIN A BID OR BIDS FOR SUBMISSION TO THE CITY FOR
COMPLETING AND FULFILLING THE OBLIGATIONS OF THE PRINCIPAL
UNDER THIS BOND AND SAID PERMIT, AND UPON DETERMINATION
BY THE CITY AND THE SURETY OF THE LOWEST RESPONSIBLE
BIDDER, ARRANGE FOR A CONTRACT BETWEEN SUCH BIDDER AND
THE CITY, AND MAKE AVAILABLE AS WORK PROGRESSES (EVEN
THOUGH THERE SHOULD BE A DEFAULT OR A SUCCESSION OF
DEFAULTS UNDER THE CONTRACT OR CONTRACTS OF COMPLETION
ARRANGED UNDER THIS SUBPARAGRAPH) SUFFICIENT FUNDS TO
PAY THE COST OF COMPLETING AND FULFILLING THE OBLIGATIONS
OF THE PRINCIPAL UNDER THIS BOND AND SAID PERMIT.
ACKNOWLEDGEMENT FOR INDIVIDUAL
STATE OF MINNESOTA)
) SS
COUNTY OF ANOKA)
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ________DAY OF
______________________, 20____, BY
ACKNOWLEDGEMENT FOR CORPORATION
STATE OF MINNESOTA)
) SS
COUNTY OF ANOKA)
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ______ DAY OF
______________________, 20____, BY
THE _____________________________ OF
A CORPORATION, ON BEHALF OF THE
CORPORATION.
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ACKNOWLEDGEMENT FOR SURETY
STATE OF MINNESOTA)
) SS
COUNTY OF ANOKA)
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ______ DAY OF
______________________, 20____, BY
THE ATTORNEY-IN-FACT OF ,
A CORPORATION, ON BEHALF OF THE
CORPORATION.
3. IN ANY ACTION ON THIS BOND, THE CITY SHALL BE ENTITLED TO RECOVER ITS
REASONABLE ATTORNEYS’ FEES.
4. THE CITY IS THE SOLE OBLIGEE UNDER THIS BOND AND NO OTHER PARTY IS INTENDED TO
BE BENEFITTED BY THE PROVISIONS HEREOF.
IN WITNESS WHEREOF, THE PRINCIPAL AND THE SURETY HAVE CAUSED THIS BOND TO BE
DULY EXECUTED THIS ______ DAY OF ______________________, 20____.
(SEAL)
PRINCIPAL
By
Its
(SEAL)
SURETY
By
Its
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