Invoice or notice re: WTC Air Quadrant D, Oct 2004

NYC 9/11 Public Portal Document

I

Know all Men by these Presents, THAT4 of^ , County of Queens of the State o/New York, hereinafter designated as the Assignor. ) IN CONSIDERATION of the sum of $ 1.00 and other just consideration^id to the Assignor by

County of Suffolk of the State of New York, hereinafter designated as the Assignee, receipt whereof is hereby acknowledged by the Assignor. The Assignor hereby assigns, sells, transfers and sets-over to the Assignee, f out of all moneys due or to become due to the Assignor under a certain contract made by antTbetween the New York City Department of Environmental Protection ns party of the first part, and the Assignor as party of the second part, bearing Contract AND the Assignor hereby authorizes, empowers, and directs the Treasurer or the Comptroller of the New York City Departmcntgf Environmental Protection or any department thereof to pay to the Assignee^ff/l/llltftlttfltt^^^^/^ any and all money or moneys due or to become due to the Assignor by oirtue of said contract. AND the Assignor hereby certifies that the Assignor has not encumbered nor done any act or acts to lessen any rights or diminish any security given under said contract; and the Assignor further certifies that the Assignor has a good right to assign said money or moneys due or to become due under said contract. AND the Assignor hereby agrees to make, execute and deliver any and all papers, instruments and documents that may be required by the Assignee and/or the Treasurer or Comptroller of said New York City Department of Environmental Protection or any department thereof to effectuate the purpose hereof, and the Assignor authorizes and empowers the Assignee to sign for and on behalf of the Assignor any and all papers, instruments and documents that may be required by the Treasurer or the Comptroller of said New York City Department of Environmental Protection or any department thereof to effectuate the purpose hereof. AND the Assignor hereby appoints the Assignee, and Assignee’s administrators, executors, assigns and successors, the lawful attorney for the Assignor irrevocably, with full power of substitution and revocation, at the cost and expense of the Assignor, and in the name of the Assignor or otherwise, to ask for, collect, demand and receive; to prosecute and sue for; by proceedings or otherwise, in a, court of law or equity; to give acquittance for said money or moneys due ro to become due, or any part thereof; and to withdraw any claims, suits or proceedings pertaining to or arising out of this assignment. z AND the Assignor hereby covenants that the Assignor will receive said moneys advanced hereunder by the Assignee and will hold the right to receive said moneys as a trust fund to be held and applied for the following expenditures arising out of the improvement of real property or public improvement and incurred in the performance of said contract: (a) payments of claims of subcontractors, architects, engineers, surveyors, laborers and materialmen; (b) payment of the amount of taxes based on payrolls including such persons and withheld or required to be withheld and taxes based on the purchase price or value of materials or equipment required to be installed or furnished in connection with the performance of the improvement; (c) payment of taxed and unemployment insurance and other contributions due by reason of the employment out of which such claims arose; (d) payment of any benefits or wage employments, or the amounts necessary to provide such benefits or furnish such supplements, to the extent that the trustee, as employer, is obligated to pay or provide such benefits or furnish such supplements by any agreement to which he is a party; (e) payment of premiums on a surety bond or bonds filed and premiums on insurance accrued during the making of the improvement or public improvement.

IN WITNESS WHEREOF, the Assignor hereby sets his Hand and seal or caused these presents to be signed by its proper corporate officers and caused its proper corporate seal to be hereto tffixed this ■ dayof<lantia^2004.

In the presence

NYC-WTC_000153572