306708 01_05_179)CITY OF CARMEL, INDIANA VENDOR: 371416CHECK AMOUNT: S`*"10,000.00'
11435 LAKESHDRE DR WONECIVICSQUAREJESSE&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
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ACCOUNTS PAYABLE
ACCT
MUNICIPAL WASTEWATER UTILITY No..1
CARMEL, INDIANA
Favor Of
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Total Amount of Voucher
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VOUCHER RECORD No.
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BOYCE FORMS•SYSTEMS 7-800-382.67!)2 325
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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 DateV
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