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R-73-29 RESOLUTION VILLAGE OF LAKE ELM1O WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING BID FOR PUBLIC IMPROVEMENT 1973-1 (HELMO AVENUE), SUBJECT TO CERTAIN CONDITIONS. WHEREAS, pursuant to an advertisement for bids for the improvement designated Public Improvement 1973-1 (Helmo Avenue), bids were received, opened and tabulated according to law, and the bids set forth in the tabulation annexed hereto as Exhibit A were received complying with the advertisement, and WHEREAS, it appears that D.L.R. Construction Company is the lowest responsible bidder and, WHEREAS, the Village Council is prepared to accept said bid if the necessary right-of-way is available to permit said contractor to proceed with the construction iri`-accordance with his bid, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Lake Elmo: 1. The said bid of D.L.R. Construction Company is hereby accepted on the condition that by no later than 4:00 P.I. on Friday, July 27, 1973, the owners of the tracts of land known and referred to as the "Gonyea parcel" and the "DeCoster parcel" have filed with the Village Clerk written agreement donating the right- of-way for said Improvement Project 1973-1 (Helmo Avenue) and agreeing to pay over to the Village of Lake Elmo the award of $58,500.00 being paid by the State of Minnesota to the owners of the said "Gonyea parcel" as and for damages for severing the public access to said "Gonyea parcel"; and provided further, that the State of Minnesota by and through its Highway Department files its letter of intent and approval with the Village Clerk no later than 4:00 P.M. on Friday, July 27, 1973, indicating that the State intends to pay said $58,500.00 to the owners of the "Gonyea Parcel" as damages fcr the severance of access to their land and with the understanding that the same will be paid to the Village of Lake Elmo to be used for construction of that part of said Helmo Avenue necessary to provide new access to the "Gonyea parcel"; said payment by the State is hereby approved by the Council. 2. The Mayor and Clerk are hereby authorized and directed to enter into a contract with said D.L.R. Construction Company, after 4:00 P.M. on Friday, July 27, 1973, if the agreements and letter required by this resolution, have been filed with the Vilage Clerk J?Xior to that time; said contract to provide for the construction of said Public Improvement 1973-1 (Helmo Avenue) according to the plans and specifications thereof approved by the Village Council and on file in the office of the Village Clerk. 3. The Village Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposit of the successful bidder and the next lowest bidder shall be retained.until the contract has been signed.