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HomeMy WebLinkAbout238534 10/21/14 �u!_SQgy CITY OF CARMEL, INDIANA VENDOR: 367828 ® ONE CIVIC SQUARE VIRTU MERIDIAN ASSOCIATES LLC CHECK AMOUNT: $*****4,519.17* CARMEL, INDIANA 46032 CIO HOKANSON COMPANIES CHECK NUMBER: 238534 201 W 103RD ST SUITE 400 CHECK DATE: 10/21/14 INDIANAPOLIS IN 46290 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 212 4462865 4,519.17 ILLINOIS STREET COPY SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is executed by and between Virtu Meridian Associates, LLC, a limited liability company ("Virtu") and the City of Carmel, 1 Indiana(the"City"). RECITALS 1. The City is a municipality duly organized and existing pursuant to the laws of the State of Indiana. 2. The City is engaged in a public improvement project known as the Illinois Street Extension (the"Project"). 3. Virtu owns real property adjacent to the Project(the"Virtu Property"). 4. On May 2, 2014, during work on the Project, a private water line on the Virtu Property was damaged. 5. Virtu engaged Culy Contracting, Inc. ("Culy") to repair the damage to the private water line (the"Repairs"). 6. Culy's invoice for the Repairs was Four Thousand Five Hundred Nineteen 17/100 Dollars ($4,519.17). 7. Virtu has paid Culy for the Repairs. 8. The City has agreed to reimburse Virtu for the cost of the Repairs. 9. Virtu and the City desire to resolve any and all disputes associated with the Repairs. 10. The execution of this Settlement Agreement shall not constitute or be construed as admission of liability by the City for any purpose whatsoever, nor shall it operate as a precedent for the resolution of any other claim,dispute,or lawsuit. AGREEMENT NOW THEREFORE, in consideration of the promises and covenants expressed herein, the City and Regan represent and agree as follows: 1. The City shall pay Virtu the sum of Four Thousand Five Hundred Nineteen 17/100 Dollars ($4,519.17) within thirty (30) days of the execution of this Settlement Agreement as full and complete satisfaction of any claim or demand by Virtu regarding the Repairs from the date of the damage to the Virtu Property through the date on which this Settlement Agreement is last signed by a party hereto. 2. The parties, on behalf of themselves and their respective heirs, representatives, agents, successors and assigns hereby release and forever discharge each other party hereto from any and all claims, demands, indebtedness, action and causes of action, whether accrued or unaccrued, known or unknown, arising on or before the date on which the last of the parties hereto executes this Settlement 17s25o7v2 r Agreement;that pertain to,are on account of,arise out of,or are in any way connected with the damage to the Virtu Property,the Repairs and/or are otherwise connected with the subject matter hereof. 3. This Settlement Agreement represents the entire agreement by and between the parties hereto, there are no other'written or oral agreements between the parties, and no promise, enticement or agreement not herein expressed has been made. 4. This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. 5. No waiver, modification or amendment of any term, condition, or provision of this Settlement Agreement shall be valid or have any force or effect unless made in writing and signed by all parties to this Settlement Agreement. 6. Virtu and the City execute this Settlement Agreement upon their own volition, individual judgment, belief, and knowledge. All parties acknowledge that they have,beenrepresented or have been given the opportunity to be represented by counsel of their own choosing in the negotiations of the terms of this Settlement Agreement and in the review of this document. 7. The Recitals set forth in this document are not mere recitals but integral to the Settlement Agreement and material to the agreement of the parties to enter into the same. IN WITNESS WHEREOF,the parties have caused this Settlement Agreement to be executed this day of September,2014. CITY OF CARMEL VIRTU MERIDIAN ASSOCIATES,LLC By: By: Printed: �' ���/�L��� Printed: 4 Title: &-e=1 /�lAl. Title: /✓�j C`7 � 1� 1782507v2 2 Associated R&ht-of-Way Services, Inc. TRANSMITTAL TO: Ryan Perry FROM: Allen D. McFearin DATE: October 3, 2014 RE: City of Carmel Project: Illinois Street Extension Parcel: 1 Landowner: Virtu Meridian Associates, LLC Enclosed are the following documents for the above parcel: 1. Settlement Agreement and Release(original) 2. Accounts Payable Voucher(original) These are for the settlement of the Virtu claim for damage to their water line. If you have any questions or need additional information, please contact rne. My office telephone number is 322-0489 and my email address is amcfearin@arows.biz. Sincerely, Allen D. McFearin Administrator enclosures 6919 East 10°i Street Suite E-2 * Indianapolis Indiana 46219 * (317)322-0489 * FAX: (317)322-0589 Prescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Virtu Meridian Associates, LLC c/o Hokanson Companies, Purchase Order No. 201 West 103rd Street Suite 400 I� Terms Indianapolis, IN 46290 Date Due Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s) Amount 10/13/2014 0 Illinois Street-Parcel 1 -water line damage $ 4,519.17 Total $ 4,519.17 1 hereby certify that the attached invoice(s), or bill(s), is (are)true and correct and I have audited same in accordance with IC 5-11-10-1.6. ,20 Clerk-Treasurer VOUCHER NO WARRANT NO. Virtu Meridian Associates, LLC c/o Hokanson Cor ALLOWED 20 201 West 103rd Street, Suite 400 IN SUM OF $ Indianapolis, IN 46290 $ 4,519.17 ON ACCOUNT OF APPROPRIATION FOR Board Members PO#or INVOICE NO. ACCT#/TITLE AMOUNT Deer# I hereby certify that the attached invoice(s), or 0 0 212-4462865 $ 4,519.17 bill(s) is (are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 10/20/2014 Signature City Engineer Cost Distribution ledger classification if Title claim paid motor vehicle highway fund