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