HomeMy WebLinkAboutCarmel/MetSun Senior Living
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
1. RECITALS
WHEREAS, MetSun Two Carmel IN Senior Living, LLC ("MetSun") is the owner of
certain real estate located at 12130 Old Meridian Street, Carmel, Indiana 46032 (the "Real Estate");
WHEREAS, there is a disputed claim between the parties relative to potentially inaccurate
engineering work performed for MetSun relied on by the City of Cannel, Indiana ("City") in its
construction of road improvements outside the public right-of-way (arguably upon the property of
MetSun); and
WHEREAS, the parties desire to resolve the matter without formal claims.
11. THE AGREEMENT
NOW, THEREFORE, to resolve the disputed claim, the parties agree as follows:
1. MetSun shall cause conveyance to the City's Board of Public. Works of certain
property described on Exhibit A attached hereto and made a part hereof.
2. City hereby agrees to waive Seventeen Thousand Five Hundred Dollars ($17,500)
of the Thoroughfare Plan fee due and payable upon substantial completion so that the resulting
fee is $17,500.
3. City agrees to cause its Department of Community Services to approve the
landscape plan to be submitted by MetSun relative to its area adjoining the disputed area not later
than December 10, 2008.
4. The parties hereby agree to waive any potential. or actual claims by and between
each other relative to the subject matter of this Agreement, and release each other for such
matters.
4
INVITNESS W-HEREOF; ibis Agreement bas been executed on the dates listed below.
CITY OFCARMEL, INDIANA METSUN Two CARMELJN SENIOWLIVING, LLC
By
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Its duly-autliorized representative
Date: ./Z A(D
1.331555 (70281.8-66821) .2
Schneider
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THE SCHNEIDER CORPORATION
NStobc FOrl'Hmr$no. Civil Enpneering. „
8901 0715 . Avenue Geclech nical Services
Ind onopolis, IN 46216-1037 Gs'. Lis
;TAephone. 3173267100
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IN WITNESS WHEREOF, the parties,hereto -have made, and executed this Agreement as-follows:
CITY OF CARMEL, INDIANA
by and through it's Board of [public
Works and Safety
BY
BY
Authori' ed Sigpature
Printed Name:'
Title:
FID/TIN:
SSN if Sole Pro rieta
Date:
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