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HomeMy WebLinkAboutHoskins, LoriAPPROVED, AS TO THIS AGREEMENT is made and entered into by and between Lori Hoskins CHoskins"), an Indiana resident, with a current residence of 4863 Pendula Drive, Carmel, Indiana (the ~iResidence"), and the City of Carmel, Indiana ("City"), an Indiana municipal corporation, by and through its Board of Public Works and Safety (collectively, the "Parties"). Recitals A. In late 1999, the City assigned the Residence the street address of 4858 Pendula Drive, Cannel, Indiana. B. The City subsequently notified Hoskins that public safety reasons necessitated changing the street address of the Residence to 4863 Pendula Drive, Carmel, Indiana (the "Address Change"). C. Certain disputes (collectively, the 'IDispute") have arisen between Hoskins and the City with regard to the Address Change. D. Subject to and contingent upon the terms and conditions set tbrth hereinbelow, the Parties now wish to settle all differences between them and to release all rights and claims arising out of or connected with the Address Change and/or the Dispute, as well as all claims, counter-claims and causes of action that have or could be raised by any party hereto arising out of or in any way connected with the Dispute, the Address Change or otherwise. Agreement NOW, THEREFORE, in consideration of the premises, agreements and considerations contained herein and upon the terms and conditions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, and each of them, agree as follows: 1. Payment. City agrees to pay to Hoskins the total sum of One Hundred Dollars ($100.00), payable within thirty (30) business days following the date on which the last party to this Agreement executes same. 2. Release of City of Carreel, Indiana. Hoskins does hereby forever reIease and discharge the City, its employees, agents, insurers, directors, officers, officials, attorneys, successors and assigns, of and from any and all liability, claims, demands, controversies, damages, costs and expenses, actions and causes of action whatsoever, on account of or related to any loss or damage of any kind or nature sustained by Hoskins and/or resulting to the Residence, from the Address Change, from the Dispute and/or from any action or inaction of the City with regard to the Address Change or the Dispute, and/or from any documents or agreements related thereto or connected therewith. 3. Release of Hoskins. The City does hereby forever release and discharge Hoskins, her spouse and/or children, if any, her agents, insurers, successors and assigns, of and from any and all liability, claims, demands, controversies, damages, costs and expenses, actions and causes of action whatsoever, on account of or related to any loss or damage of any kind or nature sustained by or resulting to the City from the Address Change or the Dispute or from any action or inaction of Hoskins with regard to the Address Change or the Dispute or from any documents or agreements related thereto or connected therewith. 4. Covenant Not to Sue. Hoskins, on behalf of herself and her spouse and/or children, does hereby agree and covenant to forever refi'ain from initiating, pressing, collecting or in any way aiding or proceeding upon any and all actions and causes of action against the City for any damages, costs, expenses, lost opportunities, compensation or any other compensatory, punitive, equitable or other relief whatsoever and however arising, whether known or unknown, lbreseen or unforeseen, developed or undeveloped, patent or latent, which Hoskins had, now has or may have after the execution of this Agreement, against the Parties, or any of them, arising out of, based upon or associated with the Dispute, the Address Change, the Residence or otherwise. 5. No Admission. The Parties, and each of them, understand and agree that this Agreement is intended to terminate and settle all further controversy concerning or relating to the Address Change, the Residence and/or the Dispute, that this Agreement is made in the interest and spirit of compromise, and that this Agreement is not and shall not be construed as an admission of liability on the part of any party to any other party, person, corporation, court, tribunal, fact-finder or other individual or entity whatsoever. 6. Authorization. Each individual executing this Agreement on behalf of any party hereto does hereby warrant that he or she is authorized to act on behalf of such party in executing this Agreement, and that the same is fully binding on the party hereto which he or she represents. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective spouses, children, relatives by blood or marriage, officers, officials, directors, stockholders, employees, successors, assigns, related corporations, representatives, insurers, mortgagees, heirs, attorneys, executors, administrators and agents, although the same are not specifically named herein. 8. Entire Agreement. This Agreement contains the entire agreement between the Parties, and each of them, with respect to the transactions contemplated herein and supersedes all prior agreements and understandings whatsoever between the Parties, and each of them. This Agreement shall be modified only by a writing duly signed by all the Parties hereto. No promises, representations, understandings or other warranties have been made by any party hereto respecting the subject matter hereof, other than those expressly set forth herein. This Agreement constitutes the understanding of all the Parties and no party shall be deemed to be the drafter of this Agreement. The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against any party hereto. 9. Failure to Comply. Should any party hereto breach or otherwise fail to comply with the terms and provisions of this Agreement, the prevailing party in such dispute shall be entitled to recover, in addition to any and all other appropriate relief, all costs arising therefrom, including, but not limited to, reasonable attorney fees. 10. Advice of Counsel. The Parties, and each of them, have had an opportunity to engage independent counsel to explain the provisions of this Agreement and their full legal efI~ct, and the Parties agree that this Agreement is being entered into voluntarily and not as a result of any duress or undue influence and only after the Parties, and each of them, have carefully and completely read and understood each and every term and condition of this Agreement. 11. Governing Law. This Agreement was negotiated and is intended to be performed pursuant to the laws of the State of Indiana, and shall be construed and enforced in accordance therewith, except for the State of Indiana's conflicts of law principles. 12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. All such counterparts taken together shall be determined to be one and the same instrument. It shall not be necessary in making proof of this Agreement, or any counterpart hereof, to produce or account for any of the other counterparts. IN WITNESS WHEREOF, the Parties have signed this Agreement on the date below his or her respective signature or the signature of its representative. The effective date of this Agreement shall be the date of the latest signature. CITY OF CARMEL, iNDiANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Marv~O~Burke Memb r Bil];'~kerl Member mt : Printed Name Date: