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Home My WebLink AboutRitz Charles, Inc A 67 ED, " Fay BY: SETTLONIFNT-AGREEMENT AND R1 LEASE OF LIABILITY TIES AOREE.NWNT is hereby made and entered into by and'between,•the,City?ofCarmcl, Indiana ("City') and the Ritz' Charles, Jrra. (,'Ritz Charles"). Recitals A. On or about Jahuarv'13.'1993, Ms..Dee Kelley, an 'agent oF=Ca'rrriel Mayor'Ted Johnson, executed a contract'("Contraot" ).,foi a Mayor'siBall. ("MayoOs Ball-") to be hel'd•ton Sattfiday,'February 20, 1993, at the Ritz:Charles^facility. B, On:or about February 10, 1993; th'e'Cily. cancetled the Mayor's Ball. C. After this unexpected cancellation of the Mayor's Ballithe Ritz-Charles was not abie1o,re-book-its. facility for the evening -of February 20,,1993. D. The;estimafed income to the`-Ritz Charles for an event;such,as,the Mayor's Ball is apprbx"m.ately'Twenty Thousand Dollars ($20,000.00), and the overhead expense and damages than;corild not,be.mitigated'by the Ritz Charles due,to the City's cancellation,of the Mayor-'s Ball,-is in excess of Five Thousand T7uee Hundred Dollars ($5,30o.ob).. E. The Ritz Charles- has threatened litigation against`the City=in ordento recover its. damages;aind-'.costs caused by the City's cancellation of the Mayor's'Ball. F. The City has denied arid continues to. deny any liability to-the Ritz Charles as rcgards<the Contract and the -Mayor's Ball. G. If the. Ritz Charles were to prevail.:in its threatened litigation against`the City, it would be entitled to statutory interest in the sum of over Two. ThousandFive Hundred Dollars ($2;500:00), ,as well as its damages herein, for a total damage,sum of over'Seven,Thoui Ed Five Ilundred,Dollars: ($7;500.00). H, The City and Ritz Charles now desire to- compromiseand settle all claims, and liabilities regarding the Contract and the cancellation of the Mayor's Balf.under and upon the followingterms and conditions. [w:mr.ma:..+.?cemmwmo®ev-m??rwsvne:n<s.aM:ansro9i 1 Aereentent NOW, THEREFORE, in consideration of the foregoing 'promises'and'the mutual terms, covenants and conditions set forth hereinafter; the parties agrecras follows. 1. Non-Admission. Ritz Charles acknowledges that this' Agreement does not constitute an admission by the. City that,any action taken by-the, City regarding the Contract or the Mayor's Ball is wrongful, unlawful or violative of airy federal, state or locat.common or statutory law, Ritz'Charles also understands that.. this,Agreerr entIs entered' into solely- for, the purpose of compromise and in an effort to fully resolve 01 matterspertaining to the Contract and the Mayor's, Bill. 2. Release by 12itz Charles. Ritz Charles shall and'Ihereby does forever release; discharge and agree to hold harmless, the City and its agents, officers, officials; employees,. attorneys, insurers and contractors from,any and all claims, aciions, causes of action; suits, debts, zccounts, contracts, demand's, attoincy fees and,costs; whatsoever and however. arising,-wliether known ot'uuknown; foreseen or unforeseen, patent or latent, which Kitt Cliarl_es,may now have or mayhave after the signing of this =Agreer rent arising out ofor related to the Contract or the Mayor-'s Ball. 3. Successors. and Assiem. This Agreement;shallbe,binding upon and inure to the benefit of the parties and their respective' past and present representatives, subsidiaries, divisions; officers, officials; directors, shareholders, agents, employees, attorneys, insurers, alter-egos, uccessors-and assigns, 4. Ag_rcement as Evidence. This Agreement may be used as evidence in any subsequent proceeding in which either of the parties allege a breach of this Agreement. 5. Severability. In the event -any provision 'of'.this -Agreement is deemed. to be invalid or unenforceable by any court of competent jurisdiction, .the Agreement shall-be deemed to be restricted or otherwise modified.tc the extentiiecessary'to,render the same valid.and enforceable or, in the event that any provision of this Agreement camlot be rn dified of restricted so as to,be valid and enforceable, then,the, same shall be deemed excised from the Agreement and the Agreement shall be construed and enforced as.if such ?M'.meweN.e w&eemocs4oNemm?ieleamti?.wneidar.+i, s.9s? 2 provision had originally been incorporated her as so restricted or modified or as if such provision had not originally be contained therein, as the case maybe: 6. Payment Upon agreement byRitz,Cbarles to-all the terms: and conditions set,forth herein. and in consideration for Ri tz,Charles' :h_elease:as set,forth herein, the City shal l pay to Ritz' Charles the sum of Five Thousand Dollars (55;000,00)„,the receipt,and:sufficiency of which-are,hereby acknowledged. This payment is made in full satisfaction, of:all' of'Ritz . Chailes' claims; actions, causes of action; suits, debts, accounts, contracts-and demands whatsoever-and however arising, that arise out of or are related to the Contract and/or the Mayor's BaR..It is further,understood and'agreed that; in the event-that any portion:'of this payment to Ritz Charles is ultimately. construedby the Internal Revenue Service as taxable income; Ritz Charles shall pay any and all,taxes, interest and penalties with respect'.thereto. 7. Counsel. Tlhc parties warrant that-they, have-read this Agreeinent,and understand it, have had the advice and counsel of an at orncy of their own choosing'throughont the negotiation ofthis Agreement; have actual authority to enter into this Agreement=,behaff of°the party for'"whom they execute same, and enter into this Agreement freely and without anyduress; undue influencebr_c'oercion: 8. Costs and -Attorney Fees. Each.party„shall pay its own costs and attarney`fees. 9. Failure to Comply. Should' any`pdgy breach.or otherwise fail to comply with the terms and provisions of this Agreement, the prevailing party it, any,such dispute shall be entitled to recover, in addition to any other appropriate relief, all costs'arising therefrom, ihbluding;bu -notlimiied to, attorney fees. to. Construction. This Agreement-shall be construed according; to the laws of the State of Indiana, except for the State of lndiana's.,laws regarding, conflicts of law. it. Entire A'sreomenf.. This Agreement constitutes and contains the entire agreement,between the parties concerning the transactions, contemplated herein and, supersedes all prior negotiations; proposed agreements and understandings, if any, between the paiti'es This,Agreemenrshall not be altered or otherwise amended except pursuant to an instrument in writing signed by all pasties.hereto. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. 12: Section Headines. The' section headirig"s:'-herein have been used as a convenience of reference only and shall in no way modify or restrict any of th"e-tarfns oi,provisions hereof. IN WITNESS' WHEREOF; the parties have signed 'this Agreement;on the dates below then respective signatures or:the^signature.of their representatives. The date of this Agreement shall be the date of the latest signature. Approved and Adopted this . day, of 1999. CITY OF CARMEL, INDIANA. RITZ CHARLES, ING.- By and through its Board of Public Works=and'Safety BY: Williarn D.'Trey; /Genera Man c Date: / z'3/mil ATTEST Diana Cord}; II?tC^ Clerl -T asurer Date: E. mrxerGcbprtemms4e[tl?:nml-re1[x?e)nvtE?rlc,.do A3 SIN 4