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HomeMy WebLinkAboutCovenant Not to Sue/James & Joanna LeaseSETTLEMENT AGREEKENT RF,LEASE AND'COVENAIVT NOT TO SUE THIS AGREEWNT "is-made and entered' into by and between James Edwin tease and Joanna Elizabeth Lease, husband and wife, the sole fee-owners 'Aft residence toeated at 1513 BrodkAli11-Court, Carmel, Indiana (jointly the "Leases"), and-the City of Carmel, Indiana ("City"); an Indiana municipal corporation, by"and through+its Board of•Public Works and Safety, (colledtively, the "Parties"). Recitals A. On or about Sopternb& 29,, 1998, the City was inforrned by the Leases that there was sewage ,in the basement of the Leases' residence located at 1513 Brook Mill Court; Carmel,.fndiana. B. The Leases have threatened ,litigation against the City to recover what-they assert to be over Pive Thousand'Three Hundred..Ten Dollars ($57310.00) in damages (the "Damages'') caused.by the sewage in their residence basementi(the "Sewage Backup"). C. City denies liability for the.Damages and disputesthe teases''allegatioris regarding same. D. Subject to and'contingent upon thetermsrand condition's set forth.horeinbelow, the Parties now wisli to settle, all differences between them ('dollectively, the "Dispute") and to. release>ail rights,aind claims arising out.of°or connected with the Sewage. Backup' and/or the Dispute; as well as; all claims, counter-claims and causes of action that have. or could be raised by anyParty,aris ng,oui of_'or in.any way connected.withsh.e Sewage Backup , the Dispute, or otherwise.. Agreement' NOW,• THEREFOREjrt 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 rcceipt.and sufficiency of which is hereby acknowledged, the Parties and each of them, agree as follows: 1. Payment Ci y agrees; to pay to,the.Leases-the total sum of Five Thousand Dollars ($5,000.00), payable withimthirty (30) business days following the date on-which the,last party to this Agreement executes same: 2. Release of 01y of Carmel Indiana. The'Leases, jointly and individually, do hereby forever release and discharge the City, its employees,•ageits, 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•or resulting to tt e•Leases from the Scwage,Backup or the Dispute or frorn.any action or `inaction of the City with regard to the Sinvage Backup; _or the Dispute, or from any documents or agreements related therefo of'.connectedtherewith. 3. It to Sire. The.Leases do hereby agree and covenant to forevenrefrain 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 Id-w Ia,c.?a?a:,:aNSCti®mi.a unaeee.1iMj, 1 any other compensatory, punitive; egriitabler or other relief whatsoever and however arising, whether known or unknown, foreseen or unforeseen, developed or undeveloped, patentor latent, which the Leases, had, now have or may have after the execution of this, Agreement. against the City arising, out of, based upon or associated with the Sewage Backup, the Dispute'or otherwise. 4. No_Admission . The Parties, and each of them, understand and agree that this Agreement is intended-to terminate and settle all further controversy concermng,nr 'relating to the Sewage Backup and/or, the'Di'spute; that -this Agreement istuade in the.,inierest and-spirit of compromise„and that this Agreement isnot andAallnot,be construed as:an admission of liability on-the. part of'any party to any other party, person, corporation, court, tribunal, fact-fnder.or.otliermdivitlual or'entity.whatsoever. 5. Authorization'. Each individual executing this.Aofeement on behalf of any party hereto does.hereby warrantthat:he.or sheds authorized to act..on behalf of such-party in<executing this Agreeruent'and that the,same is fullybinding,on the party hereto which he,orshe represents: 6. Binding Effect. This Agreementshall.be brndingupon andlinure to,the benefit of the parties and their respective officers,,offeials,,directors, insurers, mortgagees, stockholders, employees, successors, assigns, related corporations. representatives, heirs, dependantsi attorneys,, executors, administrators and agents; although-thc_same are not specificallyuanied. iereih. 7. Entire A reement. T!his?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 understandiags'whatsoever between the Parties, and each ,of them. This Agreement' shall be modified only by a writing duly signed by all the Parties hereto; ,NTO; 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 ofthis.Agreerno t: The language of all parts of this Agreement shall-be construed as a whol$, accordirig'to its fair meaning, and not strictly'for'or against any party hereto. 8. Eailure.to Com lv. Should any party hereto breach or,otherwise fail to comply with the terms and provisions of thislAgreement; the prevailing' party in such dispilte shall`be entitled to recover, in addition to ,any and all othen appropriate relief, all costs arising therefrom; rncluding, but not limited to, attorney fees. 10. Advice of Counsel. The provisions-of this Agreemerit,and'their legal effect have been fully explained to the Parties, and to each of them, by their respective counsel, and each of the Parties agree that :this Agreement is being entered ?iuto 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 everyterna and "conditiou 6f this Agreement. 11. Governing Law. This Agreement wassnegotiated and is intended to:be performed pursuant to the laws of the State.of Indiana, and shall be.construzd and dnforced in Accordance therewith, except for the State of Indiana's conflicts of law principles. 12. Counferparts. This.Agreementmay bo executed in one or more cow-teiparts, each of which shall constitute anoriginal- All such counterpartsAa. ken together shall beActermined to be one deb:mswoN.r??+ai?rWwmimi-NesJOmda??iv5vj 2 and the same instriu-beut. It shall not be necessary in making'proof of this Agreement, or any counterpart hereof, to produce or account for any.of, the othereounterparts: IN WITNESS WHEREOF, the'P.arties have signed, fhis: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 sianatuie. am s,Edtw`in Lem o SSN: --Date: `itx? ` pCp - - - So Iizabetlr`Lea SSN: 30 Jr-°rS?iP -Date: --QJ CITY'OF CAR)&L, INDIANA By andVBY: ardofPu_Ulic?hrorks Safety `!g ti S -?/ cI Date: ATT T:' Diana Cord fa S CI r -Treasurer Date: Sy? i?