HomeMy WebLinkAbout1991-07-08 91-277 ORDERVu,,.,, _..,u..
Date 7-111_93 Item No. 191-277
W 1 Aunthorizvg Che City tanager to Exal an Ayeamnt
Item/Sulaymn and Pee IzeuniarcAmn vlm tire Coastland Gossip, Inc.
pelatLg to Conant Funds Assacfntai with Bass park
Responsible Department: City Manager
Commentary:
I cos recta. nte3y by a x Wttve of the Coastlmtl (Sop, you. relating
to smo daurent fords which this coepany has identifie i rn3Mf if to the Seem park
Corpearatlrn. this mgatry appsrcntly tpxialires in the reovesy of uldiauihurm,
mlmaimed, or undelivered fends held by qo ertrom¢ agencies. Penn my conversation
with their it iB any impreeeim that the ascent of funds in
question is beLaeml $10r000 andl $20,000.
Per ten attached omen, 3m have chadmd our records relating m the Base Paris
Corporationns and bases been notate to identify arty funtle Milch might be Ave_ to the
City as Base Park's mseesor.
The mnpany's fee for ray of funds; is 508 of the anomR da.
avm1 that sea are unable m identify the potential source of theee fords, I uoutd
xsramabl that the city Council authorize oe to ream an agreement vitt the
Coastlard (icvp Mulch would allows than to Pursue recovery of tldne fads. Recovery
of even 508 a funds due to us vhdch sue were rot aware of suould cefoiniF he an
assiamrce to our efforts to imp a the reaome and financial picture of tha Bea
Bark.
neMm ,md
Manager's Comments:
Carym',aer
Associated Information:
Order, Memo from Assistant City Solicitor,. Letter and Agreement
from the Coastland Croup, Inc.
Ru hen Approval:
ren d we ere[
Legal Approval:KGOmmrnAf 9®P'Om , ser a L pt,/L
/hbm>. Y Y Gary sali<tm,
Inc card For
First Reading Page_of_
❑ Referral
91-2A
A pedmC eff� saw en. July 8, 1991
CITY OF BANGOR
(TITLE.) (0CDET,..............AaE izix u city .m,ager..m-srassrc.en-1•�eaoarc. m,d-Pee
N xaMimi wiN rule Caaetlmsi Grum. Inc. l latin i Wment amus AaeociaTad with
BB68 Paek
By Bw City Ca of CN of Baa .
ORDERED.
TEAT the City Bana9ez' ss hsraby auttasiaal to � ae ary� mW
fce memeareAm with the Cx UC Q. , mo. m seek xarn'ecy of f � to Ue
Base Paz Coaporation Wt ae Yat mewllecfed Cy the City of Bangor.
IN CI'1'l' COUNCIL
July 8, 1991
Passed
,G,n �
cxTs Rxb
91-2)I
ORDER
Title,
Authorizing the Cit Manager to B acute an
"SyreemedE and'aee m6{addum Gicti ctie coaacxana
Group, Inc. Relating to Dormant Funds Associated
.AGjA 84s.6 Ruh ......................
edI
Toxn... ....
• Councilman
July 1, 1991
TO: Edward A. Barrett, City Manager
FROM: .Erik M. Stumpfel, Asst. City Solicitor
RE: Correspondence from Coastland Group,
Inc. -- Bass Park Receivables
I checked with John Q, Judy Strout and Dick Hull on this.
(Judy Strout kept the books for Bass Park Corporation before moving
over to the Airport.) In addition,. at John Q's suggestion, I also
contacted the abandoned property division of the Massachusetts
Secretary of State's office.
Judy Strout and Buck Hull are unaware of any claims, bank
accounts or other items remaining open at the time the affairs of
the Bass Park Corporation were wound up ca. 1986. Accounts
receivable Rare taken over by the City at that time. A few notices
of claims remained unresolved, but these were claims against the
Corporation, and not in its behalf.
I got through to the Massachusetts Secretary of State this
afternoon. That office reports that it has no abandoned property
listed as belonging to either the City of Bangor or the Bass Park
Corporation. Maine's Secretary of State is on furlough, thanks to
the budget crisis in Augusta.
I suggest we ask the Council for authority to sign the
Agreement and Power of Attorney. I would include a cover letter
addressed to Coastland Group stating the City's understanding that
the Agreement does not extend to funds owed on account of the trust
established under the original Bass will and trust.
E.M.S.
to
City Of Bangor/City ��
successor in interest to
Base Park Corp.
73 Harlow St
Bangor, ME 04401
THE
COASTLAINCE
GRC�LJP,
54�M .,Ax,�w MA =72iA'J
Attul Edward Barrett, City Manager
BE: Dormant Funds
Dear Me Barretts
Pursuant to our discussion, I enclose our corporate fee agreement
and limited Power of Attorney farms which have been completed with
the specific detail necessary for us to process your Claim. To
aid you in completion of these documents, I an also enclosing a
instruction sheet addressing the moat common questions asked about
our forms.
Toreiterateour conversation, all costa involved in securing you
funds, including processing fees and administrativeand court
costs, are advanced by our firm. No fee is assessed to you if we
are unsuccessful in obtaining theca funds.
Our clients include multi -national banks, insurance companies,
national retail and finance chains, telephone companies, and
federal and state agencies. We are fidelity bonded through the
Kemper Insurance Group. You may consult Dun and Bradstreet or the
Boston Trade Bank as to our financial standing.
Should you have additional questions not addressed by these
instructions please contact me or our general Counsel's office
directly at (617) 341-1080.
We will process your claim immediately upon receipt of properly
signed documents.
Sincerely,
D id Hiru fold
Senior "Societe
DS/7h
Knclosure
June
17,
1991
City Of Bangor/City ��
successor in interest to
Base Park Corp.
73 Harlow St
Bangor, ME 04401
THE
COASTLAINCE
GRC�LJP,
54�M .,Ax,�w MA =72iA'J
Attul Edward Barrett, City Manager
BE: Dormant Funds
Dear Me Barretts
Pursuant to our discussion, I enclose our corporate fee agreement
and limited Power of Attorney farms which have been completed with
the specific detail necessary for us to process your Claim. To
aid you in completion of these documents, I an also enclosing a
instruction sheet addressing the moat common questions asked about
our forms.
Toreiterateour conversation, all costa involved in securing you
funds, including processing fees and administrativeand court
costs, are advanced by our firm. No fee is assessed to you if we
are unsuccessful in obtaining theca funds.
Our clients include multi -national banks, insurance companies,
national retail and finance chains, telephone companies, and
federal and state agencies. We are fidelity bonded through the
Kemper Insurance Group. You may consult Dun and Bradstreet or the
Boston Trade Bank as to our financial standing.
Should you have additional questions not addressed by these
instructions please contact me or our general Counsel's office
directly at (617) 341-1080.
We will process your claim immediately upon receipt of properly
signed documents.
Sincerely,
D id Hiru fold
Senior "Societe
DS/7h
Knclosure
LMHTED POWER OF A'ITORNEY
Date:
KNOW ALL MEN BY THESE PRESENPS, That I,
Edward Barrett. City Manager
hereby appoint The CoaetleM GrouR Inc., in the pensee of one of he principal al! ers, roy sole lawful
attorney in fect W seek recovery of the wdietributed, uneleimed or mdelfvered tellers of Nnde of.
Been Park Corp.
held by the United States, by a slate or by any agency or inximmmfalM1y of either, hereby revoking ell
promous powers of attorney in tbie regard, to whomever ganted.
I further Front wattorney, acting in faze or tbroogh an attorney -d law retained on buy how,, authority
W do whatever u nt ce and proper as My as I might or -could do if permmlly Presmk hereby
coMrming as that my said attorney shell lawfuny do or eaum W be date. Nevertheless, my attorney shelf
here no authority W incur mS fumaaal obligation m my behalf or to melee any expenditure on my behalf,
other then m expenditure payable Gnn any sums rswered by wrtme of my attorney's arlions.
Inconstri ing tbwinstrumeny where the contest so requires, the singular includes the Plural T Posner
ofattorway shan expme SM clays Gam the date of this agreement unless otherwise extended in writing by
the parties.
Sgaed this _say of� IWI
City Of Bangor/City Half, successor in interest to
Ba® Park Corp. "FM
CODPOMM
REAL
By: Edward lk rrdt, City Manager
STATE OF _
COU OF
AcknowledgN before me on this_ dq of INN by Edward Darren Cite Mmmer,
to me well kngwa to be the MAdud desenbed herein and bolding the position designated to the foregoing
huhument and who executed the foregoing instrument and acknowledged the exemtlm thereof to be
biWber Dee net and deed.
Before
meo-
Must Seto Notary Public
My commission expires:
AGREEMWT FEE IMMOBANDUM
BETWEEN: AND:
TEE cOAETLAND GROUP, INC. City Of EmgamIClry Holl, sumeseor In
5 CABOT PWCE Interest
RTOUGHTON, b 020,72 Bane Park Corp.
(herelnefter'CoesGmd") 73 Hazlow Et
Dmgor, NIE o4401
(Hereinafter "Chdmmtl
In emenceration of Coastiand's successful tlforts to notes Clement of fmts due to Chorister but as yet
wrolleoted, end besed an Coaeund's promise W d'recL Claimant's claim bre proper channels, Cicfinent
hereby Woes to Comtlm,d's retention of s fee equal W 50.0 per cent of the fundis collected on bebef of
Claimant, out of which CowOand agrees W pay au expresses; associated with notnication and ccllwtio
except as noted below.
B m mderetoad mar.
1. Claimant will cmperste by executing documents needed W complete the
rte.
2. Unless fwts are colletteQ there will be no charge to Clement
whatsoever.
S. IT [ands are refsted m expeamee or chwges will be arae d against
Claimant other timn she fee set out above. NeveMek .if Coastlm,do
restored W secure outode legal counsel in order to colla[ the fords, men
set amomH ague W the Imsw of the chargee for such omtside mumset or
ten percent shall he cietucted f the funds prior to the eeeulation of
Comtlend's fee, and used fm payment of coumel
9. H Claimant u actively attempting W const the fmcis as of this date of
Use agreement, mu agreement shall be null and void.
The invalidly or aneofomeabnit➢ of any portion of this agreement sben to no way afle the vanciity or
eNbrceebnity of any other portion of this agreement.
Thu Weemau and Comtland's authority and entitlement hereunder shag termimte autometieagv end
become nW and void upon the expiration of me yew from the dee hereof.
Dated this _ city of 1101
City Of thanvoClty Hall, auaessor m
The Coeethnad Group, Inc. interest to
` Bees Park Corp.
et,: dory _ President
By. Eawara EarreE, city massager
The following [enclosed Summers] xusT ALWAYS be completed and returned:
PEE AGMEIEMf: The yea Agreement is a contract between You and The COaetlaM
Group Inc. it states that we receive no co mfeaion if we Qrful unable to recover e
m
your funds, and notes our co ieeion rate it we me succe re no
other costa to you.
LIMITED ?Cape OF ATTORWE4I The Plaited Power Of Attorney gives The Coastlend
Group, Inc. the legal ability toacov r these fused for you. rt cannot he used
for any other purpose and is valid for one year.
As to these you Should:
- whomwpy or transcribe the test Of the Power of
Attorney onto your own letterhead [1f available]
- ams, my necessary changes to either document in
pan and initial the changes
- Sign both documents in blow pen
- Have the Power Of Attorney notarized
- [If applicable] affix your corporate seal to the
Power of Attorney
- Provide extra signature copies of the Power
Of attorneyLox Multiple claims
AGUirzoML REQUIRED DIXAIEMTG
In certaind e
c we need additional documnts to establish conclusively your
identity And to the funds in question. You should include the
particular items marked below:
_ A photocopy of your state driver's license, passport or other docusent
[specify: As currently valid with your correct address;
showing the following former address:
Showing your maiden or other previous last nems.
_proof that you me the executor or
residual heir of the
eo
dere sed per n s estate. Any of the marked items are
ceptable;
_ Photocopy Certificate, of the will showing your status under it.
_ Proof Cettifir Of
_ Proof of Power of
_certificate of ordererAttorney.th of the Probate Court.
_ other
_ forme of corporate identification [showing the following previous corporate
name/addreea ]
such as letterhead, business cards or invoices.
Evidence of your right to claim on behalf of the following cmryany:
_ werget oracquisition agraement
_ An icleaof incorporation or other state record showing your
position a officer/controlling shareholder
_
Cc rt record showing your position as Receiver or Trustee in
bankruptcy
Other