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HomeMy WebLinkAbout1961-08-01 178-N ORDER178-N Introduced by Councilor Keith CITY OF BANGOR (TITLE.) (®LDBCt.....Authcrizini; city_ Manager.. to �ecute_Mutual.. Release._. tathesn..City.of_.Hengax..ea3....Aughea..8rna..�....Inc. _.. By tqe City Counevi o(ths City o(Basyor: ORDERED, MT the City Manager, for and on behalf of the City of Bangorx be and is hereby authorised to execute a Mutual Release between City of Bangor and Hughes Bros., Inc.I a copy of which is attached hereto and made a part of this Order. 17R -N RECEIVED 0 B P 9 R 1861 JUL 27 PN 4: Mitle� CITY CLEWS OFFICE. nytn, city,Mgggggr tp E%aggta.MNtwl ^.ITV OF BnNOOH, MAINE. IN CITY CODNCIL August 1, 1961 noeOrd inane requiring the filing of a new order was suspended by the following yes and no votes Councilors voting yes, Barry, Blaisdell, Delano, Gross, Higgins, Whittaker, Keith. Councilor Bailey excused from voting. Councilor Brown absent. This Order PASSED with Councilor Bailey excused from boting. �46� Release Between City of Baryor ard. Hughes Bros., Tnc. Introdugad ave n by ComaiLeo MUTUAL RELEASE KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, on September 19, 1957 the City of Bangor, a municipal corporation, and Hughes Bros., Inc., a Maine corporation, entered into a contract for the construction by said Hughes Bros., Inc, of a sanitary sewer to some an industrial park area in the City of Bangor, and WHEREAS, said Hughes Bros., Ino., has performed its contract on said construction, and WHERHAS, the said sewer is being used by the City of Bangor and the said contract has been terminated, and WHEREAS, there arose out of the contractual relationship between the parties and the construction of the sewer certain claims by said Hughes Bros., Inc. against said City of Bangor and certain claims by said City of Bangor against said Hughes Bros., Inc., and WHEREAS, there were claims made by said Hughes Bros., Inc. for compensation for Extra Work not included in the contract but required, ordered and authorised by said City of Bangor; NOW THEREFORE, in consideration of Sixty-five Thousand Dollars ($65,000.00) paid by said City of Bangor to said Hughes Bros., Inc., receipt of wdiioh is hereby acknowledged, and in consideration of One Dollar ($1.00) and other valuable considera- tions paid by said Hughes Bros., Inc. to said City of Bangor, receipt of which Is hereby acknowledged: 1. Said Hughes Bros., Inc. hereby revises, releases and forever discharges the said City of Bangor, its successors arca assigns and all other persons, firms or corporations who are or might be liable, of and from all debts, demands, actions, causes for action, suits, dues, sums of money, accounts, reckonings, covenants, contracts, controversies, agreements, promises, doings, omissions, variances, damages, executions, and liabilities what- soever, both in law and in equity which 1t now has or ever has had, or that its avccessors or assigns hereafter can or may, have, arising or resulting from the contract and construction there- under described above. 2. Said City of Bangor hereby remises, releases and forever discharges the said Hughes Bros., Inc., its successors and assigns and all other persona, firms or corporations who are or might be liable$ of and from all debts, demands, actions, causes for action, sults, dues, sums of money, accounts, rec- konings, covenants, contracts, controversies, agreements, promises, doings, omissions, variances, damages, executions, and liabilities whatsoever, both in law and in equity, which it now has or ever has had, or that its successors or assigns hereafter can or may have, arising or resulting from the contract and construction thereunder described above. IN WITNESS WHEREOF, the said City of Bangor anal the said Hughes Bros., Inc., by their agents duly, authorised, have here- unto set their and seals in the City of Bangor, Maine this day oT A.D. 1961. Signed, Sealed and Delivered I s Pae once of HUGHES BRCS., INC. By (1itn r!�"'idWV OF By 1 tnesa WEIVER OF NOTICE OF SPECIAL MEETING OF DIRECTORS OF HUGHES BROS.. INC. We, the undersigned, being all of the directors of Hughes Bros., Inc., a corporation organized under the laws of Maine and having an established place of business at Hampden, in the County of Penobscot, State of Maine, in accordance with the provisions of the by-laws of said company, waive notice and requirements of notice, all and singular, of a meeting of the directors of said company, to be held at the office of the company, at Hampden aforesaid, at three 0clock in the after- noon on the twentieth day of July, 1961, for the transaction of the following business: To consider whether or not to compromise the company's claim against the City of Bangor and if so, on what basis and to give a release if favorable action is taken. Dated: July 20, 1961, Edward J. Hughes dilliam G. Eughes Paul A. Hughes SPECIAL MEETING OF BOARD OF DIRECTORS OF HUGHES ELAXv, INC. A special meeting of the Board of Diectors of Hughes Bros,, Inc. was held at the office of the Company, at Hampden, in the County of Penobscot and State of Maine, at three o'clock in the afternoon, on the twentieth day of July, 1961. A waiver of notice was signed by all of the Directors and placed on file. The meeting was called to order by E. Donald Finnegan, Clark. There were present at said meeting: Edward J. Hughea, William Hughes and Paul Hughes, being all of the Directors of said Company. The question of compromising the companyva claim with the City of Bangor was fully discussed. Upon a motion duly made and seconded, it was, VOTED that the President, Edward J. Hughes, is herbby authorised and directed to compromise the company's claim against the City of Bangor for the num of sixty-five thousand ($65,000) dollars plus the balance of money retained by the City from monies heretofore paid by the City to Hughes Bros., Inc. and the President is further authon4ftiW to execute a release of all claims in any way connected with the construction of the Industrial Park Trunk Sewer for and in behalf of the corporation in favor of the City of Bangcr. No further business coming before the meeting, on motion duly made and seconded, it was, VOTED to adjourn. ADJOURNED. A true record. Attest: Zonal nue as er Hughes Eroe., IncU