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HomeMy WebLinkAboutB.Brooks/Carmel/Prop.Damage SETTLEMENT AGREEMENT. RELEASE AND COVENANT NOT TO SUE THIS AGREEMENT is made and entered into by and between Bobby R. Brooks ("Brooks"), 13811 Ditch Rd., Cannel IN 46032, and the City of Carmel, Indiana, an Indiana municipal corporation, by and through its Board of Public Works and Safety ("City"). Recitals 1. On or about August 6, 2005, a construction vehicle, employed by a contractor working on a City project, allegedly damaged a truck owned by Brooks ("the Incident"). 2. The damage to Brooks' truck was worth approximately eight hundred dollars ($800.00). 3. City disputes Brooks' Claim but has taken part in negotiations to resolve this matter. 4. In order to avoid the cost, expense and uncertainty of litigation, and to set at rest any claims which have been made or which could be made regarding the Incident, the parties now desire to fully settle this matter on the terms set forth herein. Agreement NOW, THEREFORE, in consideration of the premises, agreements and considerations contained herein and upon the tenns and conditions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Release of City of Carmel. Indiana. Brooks does hereby forever release and discharge City, its employees, agents, insurers, directors, officers, officials, attorneys, contractors, successors and assigns, of and from any and all liability, claims, demands, controversies, damages, costs and expenses, actions and causes of action whatsoever, on account of or related to any loss or damage of any kind or nature sustained by Brooks from or relating to the Incident, or otherwise. 2. Release of Brooks. City does hereby forever release and discharge Brooks of and from any and all liability, claims, demands, controversies, damages, costs and expenses, actions and causes of action whatsoever, on account of or related to any loss or damage of any kind or nature sustained by or resulting to City from or relating to the Incident. 3. Covenant Not to Sue. Brooks and City, on behalf of themselves and their respective employees, agents, insurers, directors, officers, officials, attorneys, successors and assigns, do each hereby agree and covenant to forever refrain from initiating, pressing, collecting or in any way aiding or proceeding upon any and all actions and causes of action against the other for any damages, costs, leb:l'll$word:c;'.docum<..'Il15 and sctlinS"\nWTh:r\1oc:1l Sl.11;ngs\tempomry intem,:t filcs'.conIClllic.5\fbxeva8x\so.1Ilc"'''nl rtlt:lle - blOOU doc:4f241Ofi] expenses, lost opportunities, compensation or any other compensatory, punitive, equitable or other relief whatsoever and however arising, whether known or unknown, foreseen or unforeseen, developed or undeveloped, which they had, now have or may have after the execution of this Agreement against the other arising out of, based upon or associated with the Incident, or otherwise. 4. No Admission. The parties understand and agree that this Agreement is intended to terminate and settle all further controversy concerning or relating to the Incident, 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 either party to the other, or to any other person, corporation, court, tribunal, fact-finder or other individual or entity whatsoever. 5. Authorization. Each individual executing this Agreement on behalf of a 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 whom he or she represents. 6. Bindin!!: 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, and effectuate a complete settlement between the parties regarding the subject matter hereof. 7. Entire A!!:reement. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein and supersedes all prior agreements and understandings whatsoever between the same. This Agreement shall be modified only by a writing duly signed by both parties hereto. No promises, representations, understandings or other warranties have been made by either party hereto respecting the subject matter hereof, other than those expressly set forth herein. This Agreement constitutes the understanding of both 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. 8. Failure to Complv. 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. 9. Advice of Counsel. The parties have each had an opportunity to engage independent counsel to explain the provisions of this Agreement and their full legal effect, and the parties agree that lob msword c',.!ocumcnl. and srtling.'llov.ner\Jocal .clling.\kmporar)' intcITk.1 fik:slcont<..'lItic5\fbxc>.ah'..tltJcmenl r~lle' brooks doc:4124f06] '-, this Agreement is being entered into voluntarily and not as a result of any duress or undue influence and only after the parties have each carefully and completely read and understand each and every term and condition of this Agreement. 10_ Governinl! 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 Indiana's conflicts of law principles, 11. 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 their respective signature or the signature of their representative. The effective date of this Agreement shall be the date on which it is last signed by a party hereto. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BOBBY BROOKS BY: ~~ 6}y!gJ~ Au. thorih,cJ . nature B 0, iJ '1 '8#2 Dde .,. Printed Name SSN: Lf () 9 If- ~ 109'-...1"""':'0 If - o,S- Oh Date: Lori S. Date: ..,,,,. .....,....' A-'rIE ~ . " ~~ ~ ., ::: ........... ber C;(?,/Oh 1 , '. !eb ITLmom.c:'docum:n15 and 5eltin&ll\,,"~rIIoc.:lt ICtlingS\,lemporal)' inremct filcs\col!tcnl;cS\lb:\<....t1h\sculcmenl n.3:asc - brooh,doc-4/241fI6j ~ CALUMET ASPHALT PAVING CO., INC. (317) 571-8900 5265 EAST 96TH STREET INDIANAPOLIS, INDIANA 46240-1452 !3bbbY &'cOK;;, Pay J~-J f-/vvJ,~J ~(f") 5:-,( NATIONAL CITY BANK OF INDIANA Indiana;JOlis, Indiana , fJot!qrS 6 20-6!740 031750 Check Dale <j/ZS/Ofo Vendor No. Check No, :J 75{p. cd 01/.\ /1'0] "! 11'0 ,lI. 7 SOli' ,:071,0000 b 5': 0 gB 1,0 3B 3 31,11' RFLENFDB!:J ~ PnntedName ;3j;f~ j/;!oz/L '- Witness~~ Date ( \. II ~[)t) Printed Name : D"""'~ F: r-t..""",...~ Date <\-z.S-OIo .