HomeMy WebLinkAboutHamilton West. Promissory NoteBLEECKER BRODEY & ANDREWS
2506 Willowbr0ok Parkway, Suite #312 · Indianapolis, Indiana 46205 · Phone (317) 259-7751
TO
Honorable Jane A. Reiman
Office of the Mayor'
Carmel City Bldg
40 E. Main Street
Carmel, Indiana 46032
DATE
SUBJECT
June 1,1984
Promissory. Note
Hamilton-Western
Settlement
Dear Mayor Reiman;
Enclosed is the origional Promissory Note signed on behalf of
Hamilton-Western Utility, Inc. as required by the settlement agreement
negotiated earlier this year. I have retained two (2) copies for my
file.
I am advised by Mr. Willis Kunz that the release of Mr. Wilfong
should be in our hands by next week. I will continue to monotor the
file to be certain that the final document is forwarded.
SKA/pf
Enclosure
Best regards,
NDREWS.
Stephen K. Andrews
OFFICE OF
K U N Z A N D KiU N Z CARMELIN
LAWYERS
WILLIS K. KUNZ
HALBERT W. KUNZ
DONALD L (~ECKERICiH
- WiLLiAM A. WAD[DICK
THOMAS L. MATTIX
S. GREGORY ZUBEK
May 30, 1984
320 N. MERIDIAN STREET
INDIANAPOLIS, INDIANA 46204
AREA CODE 317
632-6367
-'- :' ~te~hen ~. Andrew~, ~q.
Bleecker, Brodey; & Andrews
2505 Willowbrook Parkway, Suite
Indianapolis, IN 46205 -
312
Re:
Hamilton Western Utilities,
vs. City of Carmel, et al.
'Cause No. SC81-404
Our File: H146(7)
Dear SteVe:
Enclosed is the Installment Promissory Note of Hamilton Western
for $94,835..29. In regard to the Release, we have made minor
changes and will secure Ralph's signature and return a copy to
you. I will also cove~ the adjustment in the billing set out
in your letter.
Yo ur s~~,t ~u~~/~.
Willis K. Kunz
WKK:mrh
Enclosure
VIA CERTIFIED MAIL NO.
3056280
Inc.
JUN
INSTALLMENT PROMISSORY NOTE
Final Installment Due.Date: .April i, 1990
For value received, the undersigned promise to pay to
the order of THE CITY OF CA,RMEL THROUGH ITS BOARD OF PUBLIC
WORKS, the sum of Ninety-Four Thousand, Eight Hundred, Thirty-
.... Five-Dolla-rs~and~Twenty-Nine-Cent~s~($94,~835.29)~at Carmel;
Indiana, or at such other place as the holder hereof may direct
in writing, with interest upon the unpaid principal balance at
the.rat% of Ten percent (10%) per annum~from the date of this
instrument until paid, with attorneys' fees and costs of collec-
tion and without relief from valuation and appraisement laws,
payment of principal and interest to be made as follows:
Seventy-two (72) monthly payments'of One Thousand,
Seven Hundred Fifty-Six Dollars and Ninety Cents
($1,756.90), the'first payment being due and payable
together with the sewer service charges due and payable
by Hamilton~ Western Utilities, Inc. in May, 1984 and
each month thereafter until paid, with a final payment
in April, 1990. Payments to be applied first toward
..... interest--and~.then~toward-principa~
This note may be prepaid in ~full or in part on any
interest paying date.
The maker and endorsers jointly and severally waive
demand, presentment, protest, notice of protest and notice of
nonpayment or dishonor of this note.
No delay or omission on the part of the holder hereof
in the exercise of~any right or remedy shall operate as a waiver
thereof, and no single or partial exercise by the holder hereof
of any right or remedy shall preclude other or further exercise
thereof or of any othe~ right or.'remedy.
Signed and delivered at carmel, Indiana,
of April, 1984.
ATTEST:
Secretary
this
HAMILTON WESTERN uTILITIES, INC.
By ~-~ r es~eny ~
dUN 8 ' 1884
RELEASE
KNOW ALL MEN. BY THESE PRESENTS, that the undersigned,
Ralph L. Wilfong, DeVeloper, for and in consideration of the City
of Carmel, in part, settling its litigation and disputes with
Hamilton Western Utilities, Inc., of which the undersigned, .Ra'lp~
L. Wilfong, Developer, is sole stockholder, hereby releases and
discharges the CitY of Carmel, and the Board of Public Works of
the City of Carmel, and its employees, agents and servants from
any and-all claims, demands, 'actions or causes of actions, on
account of or arising out o~ all matters which were alleged'in
the complaint filed in ~he Superior Court of Hamilton County on
December 11,'1981 under Cause ~o.~ 1S81-437 and venued to the
Hancock Superior Court under~ Cause Number SC81-404.
WI~ESS my hand and seal, this / day of June, 1984.
IN PRESENCE OF,:
Address :~~' ~
· Willis K. Kunz
AttOrney for Developer