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HomeMy WebLinkAbout306708 01/05/17 (9) CITY OF CARMEL, INDIANA VENDOR: 371416CHECK AMOUNT: S`*"10,000.00' 11435 LAKESHDRE DR WONE CIVIC SQUARE JESSE&ANN MICHELLE COTHERMAN CHECK NUMBER: 306708 CARMEL, INDIANA 46032 CARMEL IN 46033 CHECK DATE: 01/05/17 DESCRIPTION DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT 00 OTHER EXPENSES 651 5023990 Voucher No._----Warrant No. DETAILED ACCOUNTS s ACCOUNTS PAYABLE ACCT MUNICIPAL WASTEWATER UTILITY No.. 1 CARMEL, INDIANA Favor Of CAfI�e�tit Ao Jesse % ANS. 1h tChef(e l IV-3e, L-A Keshate og W ZN 460,33 Total Amount of Voucher Deductions 00 00 0 .0 k Amount of Warrant $ (O 00 Month of Yr Aoct. VOUCHER RECORD No. Collection S stem Pum 'n I r Treatment&Di Customer Accounts Administrative&General Reclaimed Water Treatment { Reclaimed Water Distribution t c Total S Allowed e E f Board Members s Filed i E BOYCE FORMS•SYSTEMS 7-800-382.67!)2 325 t SETTLEMENT AGREEMENT AND PAYMENT OF PROJECT COST This Agreement entered into by Jesse and Ann Michelle Cotherman, (the "Homeowners"); and the City of Carmel, Indiana, by and through its Board of Public Works and Safety, (the "City'). WITNESS THAT: `'WHEREAS, the Homeowners are the owners of a home located at 11435 Lakeshore Drive West, Carmel, Hamilton County, Indiana (the "Property"); WHEREAS, the Property's connection point at the City's main sewer line is flat to backwards, thereby preventing reliable lona-term sanitary sewer service; WHEREAS, the best long-term solution to providing Iona-term sanitary sewer service is for the Homeowners to install a residential sanitary sewer injection pump (the"Project") in the basement of the Property that will lift the sewage and pump it into the City's sewer line; WHEREAS, the City is willing to pay one-half(1/2) of the cost of the Project, not to exceed Ten Thousand Dollars ($10,000). IT IS THEREBY AGREED by and between the parties as follows: 1. The Homeowners hereby hold harmless, release and forever discharge the City, its officers, employees, officials, officers, contractors, attorneys, and agents, from any and all claims, demands, and causes of action whatsoever which the Homeowners, their heirs. representatives, executors, administrators, or any other persons acting on their behalf or on behalf of their estate have or may have now or in the future regarding, related to, or resulting from the original installation, or connection and/or other actions or inactions reaardina or related to the Property's sanitary sewer line. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim. and that any payment made by the City is not to X toberlander Contracts Cotherman Protect Cost-A_areement docs be construed as an admission of liability on the part of the party or parties hereby released. The City denies any and all liability for the original installation, connection, and/or any other actions or in actions regarding or related to the Property's sanitary sewer line. 2. The Homeowners agree to promptly enter into a contract%with a contractor to complete the Project. 3. The City- and the Homeowners agree that the design, scope, implementation, installation, and administration of the Project is the sole responsibility of the Homeo-vvners, and that the City bears no responsibility as to the design, installation, or completion of the Project, or otherwise. 4. All costs of the Project shall be paid by the Homeowners. Upon the completion of the Project. the Homeowners may file verified claims with the City for reimbursement up to $10,000 of the Project costs. 5. The Homeowners ackno"ledge and represent as follows: a. The Elomeo,�vners are solely responsible for the design, scope, implementation, installation and administration of the Project. b. The City does not make any representation or warranty regarding the Project whatsoever. c. By providing assistance to the Homeowners by paying part of the cost of the Project, the City shall not be deemed to have accepted any future maintenance duties for the Project. nor shall the City's participation in the funding of this Project be deemed as an admission or assumption of liability for any sekver or drainage-related issues within the Subdivision or otherwise. X jober!ander Contracts Cotherman Project Cost ktreement docs 6. The Homeowners agrees to indemnify and hold harmless the City for any and all liability which might result from or related to the Project, and any and all claims that may be brought against the Homeowners or the City arising out of the design, implementation maintenance, and operation of the Project, it being the understanding and agreement of the parties that the Homeo-wners shall be solely responsible for any and all direct and indirect or direct liability to any person or entity resulting from the Project. 7. The contractor for the Homeowners shall maintain in full force and effect, during the term of the Project, general insurance insuring the Contractor, the Homeowners and the City for liability and claims from third parties up to One Million Dollars ($1,000,000) per person and Three Million Dollars($3,000,000) per occurrence. The City shall be provided a Certificate of Insurance showing such coverage prior to the Project. 8. The City shall be informed of the progress of the Project on a regular basis. Representatives of the City may inspect the Project, but have no duty to change, alter, redesign or take any acts concerning the construction of the Project, other than to assure that the reimbursement payments described above are due and owing for a portion of the Project work ,which has been completed. 9. Should the project be altered, amended, or terminated at any time during the course of the Project, the City shall only be liable for its one half(1/2) share of the part of the Project that is completed, up to Ten Thousand Dollars ($10,000). 10. The City shall not have any duty with respect to the Project other than issuing reimbursements to the Homeowners as set out above. 11. This Agreement constitutes the entire agreement between the Homeowners and the City with respect to the subject matter hereof, and supersedes all prior oral or written X joheriander Contract;Cotherman Project Cost agreement docx representations and agreements regarding same. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. ALL OF WHICH IS AGREED by and between the parties on the dates set out herein. Approved and Adopted thislVday o . 204. "CITY" "HOMEOWNERS" CITY OF CARMEL, INDIANA By and through its Board of �✓ L-�^ 'ZOL112'Ick Public Works and Safety i_nature BY: Printed Name 44 ��Q Y1 Date �V James Brainard, Presiding Officer Date: Signature / Printed Name Mary A n Burke, m//V/7 b Date: 1 Date l i Lori S. Wa son, emb r Date: t TE Christine S. P/ ., perk-Treasu r Date: X joberlander Contracts Cotherman Project Cost 4ereement duce