HomeMy WebLinkAboutSubrogation Claim/ChikeFULL AND FINAL RELEASE OF SUBROGATION CLAIM
FOR THE SOLE CONSIDERATION of the sum of Forty Two Thousand Five
Hundred and no/100 Dollars ($42,500.00), paid to the City of Carmel, the receipt and sufficiency
of which is hereby acknowledged, the undersigned, on behalf of the City of Carmel, hereby
RELEASES AND FOREVER DISCHARGES Keith Chike and Rebecca Chike and their
counsel, Campbell Kyle Proffitt LLP, from any and all claims related to the subrogation lien of
the City of Carmel for any and all medical expenses paid by City of Carmel on behalf of Keith
Chike related to the automobile accident which occurred May 27, 2004, and in which Mr. Chike
was injured.
The City of Carmel further states that:
1. Although its original subrogation lien was $73,586.13, the negotiated payment
herein of $42,500 represents full and final settlement of its subrogation claim resulting from or
arising out of the above noted-auto accident.
2. This Agreement contains the entire agreement between the Parties, and its terms
are contractual and not a mere recital. This Agreement and its terms supersede any written or
oral understanding, promise or agreement directly or indirectly related to this Agreement which
are not included herein. Interpretation of the terms and conditions contained in this Agreement
are to be construed according to the laws of the State of Indiana.
3. The undersigned, on behalf of the City of Carmel hereby declares that the terms of
this settlement have been completely read and are fully understood and voluntarily accepted for
the purpose of making a full and final compromise, adjustment and settlement of its subrogation
claim arising out of the automobile accident referred to above, and for the express purpose of
precluding forever any further or additional claims arising out of this matter.
4. - The undersigned, on behalf of the City of Carmel warrants that, other than stated
herein, no promise or inducement has been offered for this agreement, and that the City of
Carmel executes this Agreement of its own free will.
IN WITNESS WHEREOF, the undersigned, on behalf of the City of Carmel verifies
that the City of Carmel has read the foregoing document and understands it, and now executes
this Agreement on the date shown below.
City of Carmel
By:_
Printed:
Title:
Dated:
Approved and adopted this 2'1 day of: l CARMEL BOARD OF PUBLIC WORKS AND SAFETY
By:
o ?asen
James Brainard, Presiding Officer.
Date
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