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Home My WebLink About200215 08/10/2011 CITY OF CARMEL, INDIANA VENDOR: 051160 Page 1 of 9 ONE CIVIC SQUARE CLERK OF HAM CNTY SUPERIOR COURT CARMEL. INDIANA 46032 ONE JUDICIAL SQUARE CHECK AMOUNT: $104,032.00 NOBLESVILLE IN 46060 CHECK NUMBER: 200215 CHECK DATE: 6!10!2011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 920 4470602 104,032.00 136TH /KEYSTONE R -O--W Tennancour, WE From: Townsend, Alan [atownsend@boselaw.com] Sent: Tuesday, August 09, 2011 8:11 AM To: DHaney @carmel.in.gov; MMcBride@carmel.in.gov; Tennancour, Skip Subject: Brennan Attachments: Scanned_Docu ment.FDF Doug, Mike, and Skip: After what seems like years of wrangling, the Brennan family (all 15 of them) has finally signed and returned the Settlement Agreement and Release. I've attached a copy (without the exhibits). The original is on its way to Steve Engelking for signature. Skip, as soon as possible I'm going to need a check for $104,032.00 made payable, to the Clerk of the Hamilton County Superior Court. And as soon as I get the signed Settlement Agreement and Release back from Steve, I'll send you a copy along with all of the original conveyance documents. Please let me know if you have any questions. Thanks, Alan Alan S. Townsend Bose McKinney Evans LLP I www.boselaw.com 111 Monument Circle I Suite 2700 1 Indianapolis, Indiana 46204 ATownsend @boseiaw.com I P 317- 684 -5225 1 F 317 -223 -0225 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement is made and entered into this 7 -O r day of June 2011, by and between the City of Carmel "Carmel and the William H. Hull, Trustee of the Margaret L. Hull Credit Shelter Trust, Mark Edward Brennan, Joseph Terence Brennan, James Nicholas Brennan, Kathleen Brennan, Myna Brennan, Julia Brennan, a minor, by parent and next friend, Mark Edward Brennan, Laura Brennan, a minor, by parent and next friend, Mark Edward Brennan, Patrick Brennan, Brigette Brennan, Helena Brennan, Joseph T. Brennan, Jr., Martha E. Brennan, Martha Maria Brennan, and Daniel Brennan the "Defendants Recitals 1. Carmel is a municipality duly organized and existing pursuant to the laws of the State of Indiana. 2. The Defendants own certain real estate located in Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana (the "Real Estate 3. Pursuant to Indiana law, Carmel is entitled to exercise the power of eminent domain. 4. Pursuant to a First Amended Complaint for the Appropriation of Real Estate filed on February 6, 2009 and captioned City of Carmel v. Margaret L. Hull, Mark Edward Brennan, Joseph Terence Brennan James Nicholas Brennan, Kathleen Brennan, Myna Brennan, Julia Brennan a minor, by parent and next friend Mark Edward Brennan Laura Brennan, a minor, by parent and next friend Mark Edward Brennan Patrick Brennan, BriagUe Brennan, Helena Brennan Joseph T. Brennan Jr. Martha E. Brennan, Martha Maria Brennan, and Daniel Brennan, Cause No. 29D01- 0810 -PL -1274 (the "Condemnation Lawsuit Carmel is seeking to acquire or appropriate fee simple title to portions of the Real Estate measuring 0.415 acres "Subject Real Estate No. P) and 0.453 acres "Subject Real Estate No. 2') from the Defendants to accommodate a road improvement project. Collectively, Subject Real Estate No. 1 and Subject Real Estate No. 2 shall be referred to as the Brennan Real Estate. A legal description of Subject Real Estate No. 1 is attached hereto as Exhibit A A legal description of Subject Real Estate No. 2 is attached hereto as Exhibit B A diagram of Subject Real Estate No. 1 and Subject Real Estate No. 2 is attached hereto as Exhibit C 5. Carmel and the Defendants dispute, among other things, the value of Subject Real Estate No. 1, Subject Real Estate No. 2, and other issues set forth in the Condemnation Lawsuit. 6. After consulting with their legal counsel, Carmel and the Defendants have agreed to resolve all of their disputes concerning (a) the Real Estate, (b) Subject Real Estate No, 1, (c) Subject Real Estate No. 2, and (d) the Condemnation Lawsuit, without the expense, uncertainty, and necessity of additional litigation and to settle all possible claims therein on the basis hereinafter stated. NOW THEREFORE, in consideration of the promises and covenants expressed herein, Carmel and the Defendants represent and agree as follows: 1. Settlement Terms. In consideration of the sum of One Hundred Four Thousand Thirty-Two Dollars ($104,032.00) (the "Settlement Amount paid by or on behalf of Carmel and in accordance with the terms of this Settlement Agreement, the Defendants shall (a) convey a fee simple interest in Subject Real Estate No. 1 only, free of all liens and encumbrances, to Carmel by a Warranty Deed in the form attached hereto as Exhibit D (b) execute a Sales Disclosure Forms in the form attached hereto as Exhibit E, (c) complete the W -9s in the form attached hereto as Exhibit F, and (d) execute the Agreed Findings and Judgment in the form attached hereto as Exhibit G It is further understood and agreed that the Defendants shall be 2 responsible for and satisfy all property taxes, if any, on Subject Real Estate No. 1 which accrued on or before the date of this Settlement Agreement. 2. Subject Real Estate No. 1. The Defendants have not executed or permitted anyone on their behalf to execrate any conveyance, mortgage, lien, lease, security agreement, financing statement, or encumbrance of or upon Subject Real Estate No. 1. Further, the Defendants have made no contract to sell all or part of Subject Real Estate No. 1 to anyone other than Carmel. To the best of the Defendants' knowledge, there are no unpaid claims for labor done upon or materials furnished for Subject Real Estate No. 1 in respect of which liens have been or may be filed. 3. Resolution Of The Condemnation Lawsuit. Immediately after the execution of this Settlement Agreement, Carmel and the Defendants represent and warrant that they will file the Agreed Findings and Judgment, thereby resolving the Condemnation Lawsuit. 4. Release and Outstanding Claims. Except as set forth in this Settlement Agreement and the exhibits attached hereto, Carmel and the Defendants release each other from any and all claims set forth or which could have been set forth in the Condemnation Lawsuit. Further, Carmel and the Defendants hereby represent that they currently know of no claims, rights, demands, or causes of action which they have or may have against each other or each others agents, employees, officers, directors, attorneys, representatives, insurers, successors, or assigns arising out of or relating to the Real Estate or the Brennan Real Estate other than those claims, rights, demands, or causes of action which are being released and discharged pursuant to this Settlement Agreement. 5. Continuing Cooperation. To the extent questions, concerns, or disputes develop concerning the fee simple interest transferred pursuant to the Warranty Deed attached hereto as Exhibit D the Sales Disclosure Forms attached hereto as Exhibit E the W -9s attached hereto as 3 Exhibit F, the Agreed Findings and Judgment attached hereto as Exhibit G or the intent of Carmel or the Defendants under the terms of this Settlement Agreement, then Carmel and the Defendants shall cooperate to resolve the same in a prompt manner. Where appropriate, Carmel and the Defendants shall agree upon and execute additional documentation necessary to resolve any such questions, concerns, or disputes. 6. No Admission Of Liability. By entering into this Settlement Agreement, Carmel and the Defendants understand and agree that they are compromising disputed claims set forth in the Condemnation Lawsuit and are neither admitting any liability nor agreeing upon the damages, if any, to the Real Estate or the fair market value of the Brennan Real Estate. 7. Attorneys' Fees and Costs. Except as set forth in this Settlement Agreement and the exhibits attached hereto, Carmel and the Defendants shall bear their own attorneys' fees and costs incurred and associated with the Condemnation Lawsuit. 8. Entire Agreement. This Settlement Agreement contains and embodies the entire agreement and understanding between the parties hereto and supersedes all prior agreements and understandings, oral or written, relating to the subject matter of this Settlement Agreement. No modification or waiver of the terms and conditions contained herein shall be of any force and effect unless such modification or waiver shall be in writing and signed by Carmel and the Defendants or their agents, representatives, successors, or assigns. 9. Severability. If any term or provision of this Settlement Agreement shall be deemed to be prohibited, invalid or unenforceable in any jurisdiction, such a provision shall be deemed ineffective only to the extent of such prohibition or unenforceability and without invalidating the remaining provisions hereof or affecting the validity or enforceability of the same, and all such remaining terms and provisions shall remain in full force and effect. 4 10. Governing Law and Jurisdiction. This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. Jurisdiction for any dispute concerning this Settlement Agreement shall be in Superior Court No. 1 of Hamilton County, Indiana. 11. Acknowledgment. This Settlement Agreement is the result of negotiations, and no particular person(s) or entity(ies) shall be deemed to be the drafter of this Settlement Agreement. By signing this Settlement Agreement, Carmel and the Defendants represent and warrant that: (a) they are authorized to enter into and execute this Settlement Agreement; (b) the information furnished in this Settlement Agreement is true and accurate; (c) they have read this entire Settlement Agreement; (d) they understand the terms and conditions of this Settlement Agreement as well as the consequences of entering into this Settlement Agreement; (e) they have knowingly and voluntarily entered into this Settlement Agreement; (f) they have been represented by an attorney in connection with entering into this Settlement Agreement; and (g) this Settlement Agreement shall inure to the benefit of and be binding upon Carmel and the Defendants and their agents, representatives, insurers, successors, or assigns. The City of Carmel By: Name Printed: Title: Alan S. Townsend BosE MCKtrNEY EvANs LLP 1.11 Monument Circle, Suite 2700 Indianapolis, IN 46204 Attorneys for the City of Carmel 5 William H. Hull, Trustee of the Margaret L. Hull Credit: Shelter Trust b war re an enn Ju rennan, y anent and next best friend, La Brennan, parent and next best friend, Mario dward Brennan iViar Edward Brennan 7 atrick Brennan rigette Brennan I y o Helena Brennan 8 Joseph T. 43reanwi, Jr. 9 Ka een Braman i i t es Aicholas-Brtnnan Martha E. Brennan 74d A-.�u a V, Ma hha Maria Brennan Daniel Brennan s to L. Stump YASMIN L. STUMP LAW GROUP, P.C. 10333 N. Meridian Street, Suite 100 Indianapolis, IN 46230 Attorney for the Defendants 13401St �1 r' try Jrdrd WdA w AW6 Ji15 uny rurm rvv. Lv1 Intiv. rime 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 Clerk of the Hamilton County Superior Court Purchase Order No. NA One Hamilton County Square Terms Noblesville IN 46060 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 08/09/11 NA 07 -08 Keystone Parkway 136th Street Just Compensation Land Cost Land Cost $104,032.00 Parcel 95/95C Please deliver this check to Alan Townsend, Bose McKinney Evans LLP 111 Monument Circle Suite 2700 Indianapolis IN 46204 Total $104,032.00 1 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. Clerk of e Hamilton Uounty Superior Court ALLOWED 20 One Hamilton County Square IN THE SUM OF Noblesville IN 46060 104,032.00 ON ACCOUNT OF APPROPRIATION FOR Clerk of the Hamilton County Superior Cour PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members DEPT.# NA 4470602 $104,032.00 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 CC, c) :,Z, thR --a Au 15, 20 11 $104,032.00 Signature Cost distribution ledger classification if Cit En ginee r claim paid motor vehicle highway fund Title