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HomeMy WebLinkAboutTerry, Robert Release LandfPATRICIA ~. FINNE4~AN TOWN ATTORNEY patricia.finnegan@ t own.s oatl~old.ny:us LORI HULSE MONTEFUSCO ASSISTANT TOV~N ATTORNEY lorLmont efusco @~ov~. southold.ny, us JOSHUA Y. HORTON Supervisor Town Hail. 53095 Route 25 P.O, Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTItOLD MEMORANDUM To: John Cushman, Comptroller Jim Bunchuck, Landfill Elizabeth A. Neville, Town Clerk From: Patricia A. Finnegan Town Attorney Date: February 12, 2004 Subject: Robert Terry Attached please find a copy Of the Release executed by Robert Terry r/egarding outstanding claims presented in connection with the Landfill Closure Contract. Additionally, a copy of the Town Board resolution is also attached, authorizing the settlement. Please process payment. Let me know if you have any questions. I will forward the original signed Release to the Town Clerk. PAF/Ik Enclosures cc: Members of the Town Board PdgLEASE TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, KNOW THAT, Terry Contracting and Materials, Inc., res/lding at Marcy Avenue, Riverhead, N.Y. 11901, Releasors, in consideration of the sum of Sixty Thousand ($60,000.00) dOllars and no cents, received from the Town of Southold, Southold, N.Y., as Releasee~. receipt ofwhict~ is hereby acl~mowledged, releases and discharges the Town ~ofSoutHold, i~s successors arm assigns, from all act/ohs, causes of action, suits, debts, accoun, s, agreements, damages~ claims, and other demands which may trove arisen out of the. Lar/dfil! Closure Con~ac~ (dated April 2001 ) betwee~ Ten'y Contrac~fiug aq~[ s, IllS. and the T~ ~ Southol~ up tbrongh and: incl~ sePi~ 10, 2003. Thi~ re, ca ~e incl,d e~. l'm~.~s ~o~ [im~ted m~ the fal/aw/ng clai~spresenl~l.);~ Ke!¢asor h c~ ',q,o . (, ,~ c \ ,. ~tT, 2003toJimBmlehukofthe~>veno£Sputh~p[{~om o:,' \ !a.',, 'ol I)~ H'l,a & B~trtitluccx: Extra Topsoi21 ($5 000), E:x~.Tl'u~.t~ Yt~¢ {~,~00), · xa'a rmHmcl 3c!'ccH ~',.~.'~00), Insurance Extensmn ($9,575);Uel~y~:($~2,544), atr&S .a~6 pi~]~a' ~d~g: ~200,~01 ). The R~easor acknoxvledges, that the Landfill Closure Contract between Terry Contracting and ~a.~enals, Inc. and the Town of Southold dated April 2001 remmns m full force and effect. This Release may not be changed orally. 1N WITNESS WHEREOF, the RELEASOR has hereunto set RELEASOR'S hand and seal on the ~9 _day of February 2004. JULIA A. McCLAVE NOTARY PUBLIC STATE OF NEW YORK No. 01 MC6055986 By: Robert Te~t Terry Contracting and Materials, Inc. Get,lied i~ Suffolk Cou~ ^ ~ Commission, Ex~3-l'2-2O~ FJJZABETH A. NEVIlJ,E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATIO~' OFFICER Town Ha]l, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.r/et OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS, IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 100 OF 2004 WAS 'ADoPTEDA]T TH~ REGULAR MEETING OF TFIE~ SOUTHOLD TOWN BOARD ON FEBRUARY 3, 2004: RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2, adopted at the January 6, 2004 regnlar Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to send a Letter of Release From Claims to be submitted by Terry Contracting and Materials, Inc. in the mount of $60,000. ~¢lizabeth A. Neville Southold Town Clerk