HomeMy WebLinkAbout1992-02-10 92-105 ORDERDate 02-10-92 Item No. 92-105
Item/Subject: Ratifying Execution of Release and Waiver of Lien --
Sam's Wholesale Club _
Responsible Department Legal
Commentary:
In December, 1991, New Hampshire Earth Mechanics, Inc. incurred
a $2,100.00 bill with the City's Police Department for traffic
control s rendered i connection with the.Sam's Club/
Walmart Project. New Hampshire Earth Mechanics subsequently
refused to pay the City's bill, along with others incurred o
this project. Chief Harriman then referred the City's bill to
the Legal Department for collection.
Suffolk Construction, the project general contractor, has since
agreed to pay the City's bill. In return, they have requested
a release, copy attached, of City claims under Maine's mechanics
lien statute. This action would ratify the Acting City Solicitor's
execution of the release. Once the executed release is mailed
to Suffolk, we will receive a check for the full amount due.
IXpanrnem Head
Manager's Comments:
Uey Monaya
Associated Information: Order, Releases
Budge[ Approval:
remote IS'e a
Legal Approval /, inA
Acting c se&�mr
Introduced For CONSENT AGENDA
j]Passage
❑ First Reading - Page _of—
❑ Referral
92-1c3
As&mncd to Cowalo, Balcacci, Fanrnrw 10, 1992
CITY OF BANGOR
(TITLE.) (JorbTC _ Ratifying Execution of Release and Waiver of
Lien -- Seats Wholesale Club
BY d&M Cut CosaMu of me Cut of 0441101e.
ORDERED, ..
TWT the Bangor City Council hereby ratifies all actions
taken by the Acting City Solicitor to release City Claims
against Wal-Mart Stores, Inc., Suffolk Construction Co., Inc.
and Seaboard Surety Company on account of services rendered
by the City of Bangor in connection with construction of the
Sam's Wholesale Club Project.
92-]05
ORDER
In Caidcy�Council FebrvaxY'10 ¢992 - Ratifying Execution of Release and Waiver
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/ Comcilmen
92-105
RELEASE AND WAIVER OF LIEN
In consideration of the payment of $2,100.00 to the City
of Bangor, the receipt whereof is hereby acknowledged, the City.
of Bangor on its own behalf and on behalf of its officers, behalf
of their officers, agents, employees, successors and assigns
(collectively "Releasors^) hereby remises, releases and forever
discharges Suffolk Construction Co., Inc., Wal-Mart Stores, Inc.
and seaboard Surety Company andtheirrespective officers, agents,
employees, servants, subcontractors, labor and/or material
suppliers, consultants, sureties and insurers (collectively
"Releasees".) from all debts, demands, actions, causes of action,
suits, sums and sums of money, accounts, bonds, covenants,
contracts, controversies, agreements, promises, doings, omissions,
variances, damages, extents, executions, liabilities, and any and
all other claims of every kind, nature and description whatsoever,
both in LAW and EQUITY, which against the said Releasees or their
heirs, executors, administrators, successors, sureties or assigns
Releasors now have or ever had from the beginning of the world to
this date and more especially on account of the work performed at
and/or labor and materials furnished or in connection with a
Project known as Sam's Wholesale Club, Bangor, Maine (the
"Project") and Releasor does hereby waive any right to file a lien
or claim against the Project and agree to forthwith discharge and
release any lien filed against the Project.
Signed this 4th day of February , 1992.
City of Bangor
/Onn _ .� idinA air ti - 0 oil.
wetness
Print Name and Title T—
Erik M. StUmpfel, Acting City
Solicitor