86-121
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RESOLUTION NO. I~l- g~
WHEREAS, on the 19th day of September, 1984, the City
of Shorewood entered into a construction contract with Kenko,
Inc., for the construction of sanitary sewer, watermain, storm
sewer, street construction and appurtenant work; and
WHEREAS, a condition of said contract required Kenko to
provide the City with a protective liability and property damage
insurance policy naming the City as an insured; and
WHEREAS, Kenko has refused and failed to provide the
City with such insurance policy and is, therefore, in breach of
said construction contract; and
WHEREAS, it appears that the City may suffer damages as
a result of said breach of contract by Kenko.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shorewood, Minnesota, as follows:
1. That the City Attorney is directed to review a
potential claim against Kenko by the City for possible damages
and commence a lawsuit against Kenko if warranted.
2. That the law firm of Austin & Roth is hereby
retained as Special Counsel to work with the City Attorney in
the prosecution of said lawsuit.
3. That such retention of counsel is made with the
understanding that no legal fees or expenses will be incurred by
the City as a result of the prosecution of said lawsuit.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
day 0 f !"! ! /' i/! (', ,19 8 6 .
Mayor
ATTEST:
City Clerk