HomeMy WebLinkAbout196503 04/13/2011 CITY OF CARMEL, INDIANA VENDOR: 365231 Page 1 of 1
ONE CIVIC SQUARE DOUGLAS PEET
CHECK AMOUNT: $2,500.00
CARMEL, INDIANA 46032
CHECK NUMBER: 196503
CHECK DATE: 4/13/2011
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 041111 2,500.00 OTHER EXPENSES
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the "Settlement Agreement is executed by and
between Douglas Peet, an adult individual (Peet) and the City of Carmel, Indiana "City
RECITALS
I City is a municipality duly organized and existing pursuant to the laws of the
State of Indiana.
2. Peet owns certain real estate commonly known as 13331 Illinois Street, Carmel,
Hamilton County, Indiana, also being Tax Parcel No. 16- 09- 26- 00- 00- 002.311 (the "Property
3. City has undertaken a public improvement project being the installation of a water
main along Illinois Street (the "Project
4. In connection with the Project, an irrigation system was damaged causing repairs
and replacements;
5. Peet and City desire to resolve any and all disputes associated with the damage to
the irrigation system;
6. City and Peet enter into this Settlement Agreement solely to avoid the expense
and uncertainty of litigation of the dispute over the damaged irrigation system. The execution of
this Settlement Agreement shall not constitute or be construed as admission of liability by City
for any purpose whatsoever, nor shall it operate as a precedent for the resolution of any other
claim, dispute, or lawsuit.
AGREEMENT
NOW THEREFORE, in consideration of the promises and covenants expressed herein,
City and Daugherty represent and agree as follows:
1. City shall pay Peet the sum of Two Thousand Five Dollars ($2,500.00) upon the
execution of this Settlement Agreement.
2. The parties hereby release and forever discharge each other party hereto from any
and all claims, demands, indebtedness, action and causes of action, whether accrued or
unaccrued, known or unknown, arising on or before the date of the execution of this Settlement
Agreement on account of, arising out of, or in any way cormected with the damaged irrigation
system.
3. This Settlement Agreement represents the entire agreement between the parties
hereto; there are no other written or oral agreements between the parties, and no promise.
enticement or agreement not herein expressed has been made.
173979bv1
4. This Settlement Agreement shall be governed by and construed in accordance
with the laws of Indiana
5. No waiver, modification or amendment of any term, condition, or provision of
this Settlement Agreement shall be valid or have any force or effect unless made in writing and
signed by all parties to this Settlement Agreement.
6. Peet and the City execute this Settlement Agreement upon their own volition,
individual judgment, belief, and knowledge. All parties acknowledge that they have been
represented or have been given the opportunity to be represented by counsel of their own
choosing in the negotiations of the terms of this Settlement Agreement and in the review of this
document.
7. The Recitals set forth in this document are not mere recitals but integral to the
Settlement Agreement and material to the agreement of the parties to enter into the same.
IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be
executed this �I, day of March, 2011.
CITY OF CARMEE:
ouglas Pe
By:
Prin �G F
Title: Lt z 6 I EC
1739796v1 2
VOUCHER 104551 WARRANT ALLOWED
T1013 IN SUM OF
Peet, Douglas
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
041111 01- 6200 -06 $2,500.00
Voucher Total $2,500.00
Cost distribution ledger classification if
claim paid under vehicle highway fund
Prescribed by State Board of Accounts City Form No. 201 (Rev 1955)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates, of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
T1013
Peet, Douglas Purchase Order No.
Terms
Due Date 4!712011
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
4/7/2011 041111 $2,500.00
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5- 11- 10 -1.6
Date Officer