HomeMy WebLinkAbout327834 07/20/18 CITY OF CARMEL, INDIANA VENDOR: 372578
ONE CIVIC SQUARE THRASHER BUSCHMANN&VOELKEL, FWiECK AMOUNT: $""'18,687.60*
CARMEL, INDIANA 46032 151 N.DELAWARE STREET CHECK NUMBER: 327834
SUITE 1900 CHECK DATE: 07/20/18
INDIANAPOLIS IN 46204
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1180 4340000 18,687.60 LEGAL FEES
VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995)
Vendor# 372578 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
THRASHER BUSCHMANN &VOELKEL, PC IN SUM OF$ CITY OF CARMEL
151 N. DELAWARE STREET
SUITE 1900 An invoice or bill to be properly itemized must show:kind of service,where performed,dates service
INDIANAPOLIS, IN 46204 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc.
$18,687.60 Payee
ON ACCOUNT OF APPROPRIATION FOR Purchase Order#
Department of Law Terms
Date Due
PO# ACCT# DATE INVOICE# DESCRIPTION
DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT
0 43-400.00 $18,687.60 1 hereby certify that the attached invoice(s),or 7/11/18 0 NOAX Mutual Release&Settlement
1180 101 $18,687.60
bill(s)is(are)true and correct and that the 1180 1 101 Agreement
materials or services itemized thereon for
which charge is made were ordered and
received except
Wednesday,July 11,2018
OOS-6
I 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
Cost distribution ledger classification if claim paid motor vehicle highway fund. 120
Clerk-Treasurer
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
This Mutual Release and Settlement Agreement ("Release Agreement"), by and
between liked Yde and Dave Small, Individually and as Representatives of NOAX ("NO-
AX"), and the City of Carmel, Indiana, an Indiana municipal corporation ("Carmel")
(collectively, the "Parties," or where appropriate as individually, a "Parry"), is entered
into and is effective when executed by all parties and is premised on the following recit-
als which are incorporated into the Release Agreement:
Recitab
WHEREAS, Fred Yde and Dave Small, as officers and representatives of NOAX,
an unincorporated association of property owners in the Southwest Clay Annexation
Territory("Annexation Territory"), are persons who pay taxes and whom represent per-
sons who pay taxes on property located in the Annexation Territory;
WHEREAS,Carmel is a municipal corporation in the State of Indiana;
WHEREAS, on November 24, 2004, the Common Council of the City of Carmel
passed Ordinance No. C-263,which proposed to annex certain territory into the City of
Carmel;
WHEREAS,a remonstrance against that annexation was commenced in an action
entitled Certain Southwest Clay Township Annexation Territory Landowners v. City of
Cannel,Cause No.29Do3-0502-MI-188(the"Remonstrance Action");
WHEREAS, the parties to the Remonstrance Action entered into a settlement
agreement (the "Annexation Settlement Agreement"), which was adopted by Carmel
pursuant to Ordinance No.C-263A;
WHEREAS,the authority of the parties to enter into the Annexation Settlement
Agreement was ultimately approved by the Indiana Supreme Court,see Certain South-
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of Sixty Four Million Dollars ($64,000,000.00) in capital expenditures in the Annexa-
tion Territory since the Parties entered into the Annexation Settlement Agreement on
November 24, 2004.
2. As part of this Release Agreement and with the goal of resolving the Law
suit, the Parties agree that Carmel shall pay the court costs and attorney fees previously
incurred by NOAX in pursuing the Lawsuit in the one-time amount of Eighteen Thou-
_i .
sand Six Hundred Eighty Seven Dollars and Sixty Cents ($i8,687.6o). By doing so,
Carmel does not waive its right to contest the basis for any future request or award of
costs and attorneyfees. -
I To the extent that this Release Agreement contains a calendar deadline
(Teadline") that Carmel is committed to meeting, Carmel agrees to commit its best ef-
forts to meet that Deadline except if something occurs that is out of Carmel's control and
which would prevent Carmel from meeting said Deadline, such as inclement weather,
non-Carmel utility relocations,right-of-way proceedings controlled by INDOT or anoth-
er state authority, etc. Carmel agrees to provide the Petitioners with twenty (2o) days
written notice of any Deadline it cannot meet, and the reasons therefore, and also to
provide a reasonable extended Deadline by which Carmel agrees to accomplish the spe-
cific task. If Carmel does not meet this extended Deadline,NOAX can seek recourse with
the Special Judge in this case to determine if Carmel is in breach of this Release Agree-
ment. The Parties agree that Carmel will be in breach of this Release Agreement if Car-
mel fails to meet an extended Deadline and there is no reasonable explanation for failing
to meet said extended Deadline (e.g., an absence of something that is out of Carmel's
control and which would prevent Carmel from meeting said extended Deadline, such as
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