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
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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