HomeMy WebLinkAbout1998-01-26 98-99 ORDERCOUNCIL ACTION
focus No. 98- 9
Bate: I-2698
Item'SubjecL Order, Audwrizivg Release of Claim For Further Out of Pocket Expenses
Resulting from an Aircraft Accident at Bangor International Airport on
January 10, 1997
Reepas sible Department: Airport
Commentary: On January 10, 1997, aminor accident involving aaabortive takeoff by U.S. Ar Bxpreas
occursedat Bangmlocaradonal Airport As aresult ofihis accident, the Airport incurred $4,921.89 in
out of pocket expenses fa which the Airport has been reimbursed. The Arline has requested that the City
execute a Release of Claim for any further out of Pocket; expenses.
The attached release has been reviewed and approved by the Legal Department The release applies only
to out of pocket expenses and does not include any other potential claims which may odes from this event
Given that we have been fully reimbursed for these expenses, we would recommend your approval
Department Head
Mmager's Comments: Tide has bean reviewed by the Airport Commitre which lacked a quorum at
the time. As a result, full Council approval is required, y/r,
/r di
f-7 CityMmager
Asvoeiated lntormatlon: Color, Release
Budget Approval:
Finance Director
Legsl APPrwal: M
City Salic
Introduced far
X Passage
_Pint Reading Page—of_
Referred
98-99
Areigoed to Councilor Leen January 28, 1998
CITY OF BANGOR
(TITLE.) Order, Authorizing Release of Claim For Further Out of Pocket Payments Resulting
from on AireraR Accident at Decline International Airport ec January 10,199'!
BY on Men CaurnB of the City ofBmgnr:
ORDERED,
TUT the City Menages whereby authorized m execute the attached Release of Claim to
aclonowledge that the City will make m further claims against various airlines as a
result of an accident which occmmol on ]amuary 10, 1997 involving U.S. Air
Express.
IN CITY COUNCIL
January 26, 1998
Passed
:CIR
98-99
O R OER
Title, Authorising Release of Claim for
Further Out of Pocket Expenses Resulting
naa4oaal. thatE. n.`3meeary.`i&;n�9§xxncer-
/Aedgoed to
.....P:. /..' ...................
Councilman
RELEASE OF CLAIM
For and in consideration of the payment to Releasee of Four
Thousand Nine Hundred Twenty-one and 89/100 (84,921.89), CITY OF
BANGOR, owner and operator of Bangor International Airport,
release, acquit and forever discharge MESA AIRLINES, US AIR, US AIR
EXPRESS, FLORIDA GULF AIRLINES, AMERICAN INTERNATIONAL AVIATION
AGENCY, AMERICAN MOMS ASSURANCE COMPANY, AIG AVIATION, INC. and any
and all other persons, firms and corporations of and from any and
all actions, causes of action, claims or demands for out-of-pocket
expenses incurred by the CITY OF BANGOR resulting or to result from
an occurrence or accident that happened on or about the 10th day of
January. 1999 at Bangor, Maine.
CITY OF BANGOR hereby acknowledges and assumes all risk,
chance or hazard that the said out-of-pocket expenses may be Or
become greater, or more extensive than is now known, anticipated or
expected. No promise or inducement which is not herein expressed,
has been made to Releasee, and in executing this release Releasee
does not rely upon any statement or representation made by any
person, firm or corporation, hereby representing them or any of
them, concerning the nature, extent or duration of said damages or
losses or the legal liability therefor.
Releasee understands that this settlement is the COMPIOmise
of a doubtful and disputed claim, and that the payment is not to be
construed as an admission of liability on the part of the persons,
firms and corporations hereby released by whom liability is
expressly denied.
This Release contains the entire agreement between the
parties hereto, and the terms Of this Release are contractual and
not a mere recital.
I further state that I have carefully read the foregoing
Release and know the contents thereof, and I sign the same in my
capacity as City Manager on behalf of the City of Bangor.
Dated at Bangor, Maine, this day of 1998.
CITY OF BANGOR
Edward A. Barrett
Its City Manager
STATE OF MAINE
PENOBSCOT, as. 1998
Then personally appeared the above-named EDWARD A. BARRETT,
City Manager, and acknowledged the foregoing instrument to be bhs
free act and deed in his said capacity, and the free act and deed
of said body corporate.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
For and in consideration of the payment to Releasee of Four
Thousand Nine Hundred Twenty-one and 89/100 (S4,921.89). CITY OF
BANGOR, owner and operator of Bangor International Airport,
release, acquit and forever discharge MESA AIRLINES, US AIR, US AIR
EXPRESS. FLORIDA GULF AIRLINES, AMERICAN INTERNATIONAL AVIATION
AGENCY, AMERICAN HOME ASSURANCE COMPANY, AIG AVIATION, INC. and any
and all other persons, firms and corporations of and from any and
all actions, causes of action, claims or demands for out-of-pocket
expenses incurred by the CITY OF BANGOR resulting or to result from
an occurrence or accident that happened on or about the 10th day of
Oanuary, 1997 at Bangor, Maine.
CITY OF BANGOR hereby acknowledges and assumes all risk,
chance or hazard that the said out-of-pocket expenses may be or
become greater, or more extensive than is now known, anticipated or
expected. No promise or inducement which is not herein expressed,
has been made to Releasee, and in executing this release Releasee
does not rely upon any statement or representation made by any
person, firm or corporation, hereby representing them or any of
them, concerning the nature, extent or duration of said damages or
losses or the legal liability therefor.
Releasee understands that this settlement is the compromise
of a doubtful and disputed claim, and that the payment is not to be
construed as an admission of liability on the part of the persons,
firms and corporations hereby released by whom liability IS
expressly denied.`
This Release contains the entire agreement between the
parties hereto, and the terms of this Release are Contractual and
not a mese recital.
I further state that I have carefully read the foregoing
Release and know the contents thereof, and I sign the same in my
capacity as City Manager on behalf of the City of Bangor.
Dated at Bangor. Maine, this[i2fi day of Tipouaw,l '998.
CITY OF BANGOR
m
W' ess Edwardrd A. A. Barrett
Its City Manage[
STATE OF MAINE T
PENOBSCOT, ss.cllJ'n % % 1998
Then personally appeared the above-named EDWARD A. BARRETT,
City Manager, and acknowledged the foregoing instrument to be his
free act and deed in his said capacity, and the free act and deed
of said body corporate.
Before me,
�.- ae
Notary PubiicYAE+E�neTa
Printed Name: fEYYI L COMFY
4amm NBuc,YYME
�. -z;±w �. kYHWd BFCEYBEB 11,9WE