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185732 05/26/2010 CITY OF CARMEL, INDIANA VENDOR: 364177 Page 1 of 1 ONE CIVIC SQUARE ESTHER G FOGLE CARMEL, INDIANA 46032 TRUSTEE OF THE ESTHER G FOGLE TRUS CHECK AMOUNT: $34,450.00 1921 MYSTIC BAY COURT CHECK NUMBER: 185732 INDIANAPOLIS IN 46240 CHECK DATE: 5/26/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 920 4470602 34,450.00 136TH /KEYSTONE R -O -W t' MEDIATED SETTLEMENT AGREEMENT Re: City of Carmel v. Esther G. Foele, Trustee On April 28, 2010, the parties mediated the pending matter and reached a settlement. The City of Carmel agrees to pay, and the Defendant, Esther G. kogle, Trustee, agrees to accept the suui of $63,250.00 as a full and complete settlement of all pending claims resultuig from the exercise of the power of eminent domain by the City of Carmel over real estate owned by the Defendant. The parties acknowledge and agree that they sliall cause to be executed any and all documents required to convey fee title to the real property described in the complaint filed in this cause. The Defendant represents that there is no mortgage lien against the property. So agreed this 28 day of April, 2010. City of Carmel Esther G. ogle,T ru9te Acknowledged: Alwnsend, Attorney for Carmel Bose McKinney Evans 111 Monument Circle, Ste. 2700 Indiana Solis, IN 46204 w J Gord rr B rs, A rney for Esther rogle, Trustee P.O. Bo 27 Noblesville, IN 46061 Form W-9 Request for Taxpayer Give form to the (Rev. October 2007) identification Number and Certification requester. Do not send to the IRS. Department of the Treasury Internal Revenue 5ervioe Name (as shown on your income tax return) Esther G. fogle, Trustee of the Esther G. Fogle Revocable Trust Agreement dated March 24, 1995 m Business name, if different from above CL C 0 d c Check appropriate box: VI Individuai1S01e proprietor Corporation Partnership Exempt p0 Limited liability company. Enter the tax classification (D--disregarded entity, C= corporation, P= partnership) 11- payee is LS Other (sea instructions) C Address (number, street, and apt. or suite no.) Requesters name and address (optional) a. o 1921 Mystic Bay Court 0 City, state, and ZIP code y Indianapolis, IN 46240 List account number(s) here (optional) V' Taxpger Identification Number IN Enter your TIN In the appropriate box. The TIN provided must match the name given on Line 1 to avoid Soeiet security nw -ik-- backup withholding. For Individuals, this is your social security number ISSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it Is your employer identification number (UN). If you do not have a number, see Now to get a TIN on page 3. or Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose Employer identificabon number number to enter. CM Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Date i> Here U.S. parson t-�-(- General instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: Section references are to the Intemal Revenue Code unless a A individual who is a U.S. citizen or U.S. resident alien, otherwise noted. e A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number (TIN) a An estate (other than a foreign estate), or to report, for example, income paid to you, real estate e A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701 -7). abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W -9 only if you are a U.S. person (including a pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W -9 requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding W. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S. person, your allocable share of any partnership income from The person who gives Form W -9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectively connected income. on Its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W -9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W -9. The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10 -2007) Prescribed by Stale Board of Accounts City Form No 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Esther G. Fogle, Trustee of the Ester G. Fogle Re vocable Trust Agree dated 3 -24 -95 Purchase Order No- N Terms Nobl esville IN 46060 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 05119110 NA 07 -08 Keystone Parkw 136th Street Just Comaensation Land Cost Land Cost $34, 450.00 Parcel 89 Please deliv this ch eck to Jerem Kashma at City of C armel E nginee r's Office w Total $34,450.00 I hereby certify that the attached invoice(s), or bills(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. Esther G. Fogle, Trustee of e Ester Fog le Revocable T Agreement dated 3- ALLOWED 20 IN THE SUM OF Noblesvilie IN 46060 34,450.00 ON ACCOUNT OF APPROPRIATION FOR Esther G. Fogle, Trustee of the Ester G. Fot PO# or INVOICE NO. ACCT /TITLE AMOUNT Board Members DEPT.# NA 4470602 $34,450.00 1 hereby certify that the attched invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 24 -May 20 10 `a34,450.00 Signature Cost distribution ledger classification if City En claim paid motor vehicle highway fund Title