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Home My WebLink About159330 05/14/2008 CITY OF CARMEL, INDIANA VENDOR: 361170 Page 1 of 1 ONE CIVIC SQUARE ENCLAVE OF CARMEL HOA, INC CARMEL, INDIANA 46032 CHECK AMOUNT: $9,247.60 805 CITY CENTER DRIVE SUITE 120 CARMEL IN 46032 CHECK NUMBER: 159330 CHECK DATE: 5/14/2008 DEPARTMENT ACCOUNT PO NUMBER INV OICE NUMBER AMOUNT DESCRIPTION 920 4470402 9,247.60 126TH /KEYSTONE R -O -W i Page 1 of 2 Tennancour, Skip From: Kashman, Jeremy M Ukashman @carmel.in.gov] Sent: Thursday, May 01, 2008 12:11 PM To: Tennancour, Skip l/ Cc: Parks, Craig 10 Subject: FW: Enclave Homeowners Assn. Attachments: Scan ned_Document.PDF Jeremy M. Kashman, P.E. Keystone Project Manager City of Cannel Indiana Once Civic Square Carmel, IN 46032 n Phone 17) 571 -2309 Fax (317) 571 -2439 From: Townsend, Alan [mailto:atownsend @boselaw.com] Sent: Thursday, May 01, 2008 9:42 AM To: McBride, Mike T; Kashman, Jeremy M l Subject: Enclave Homeowners Assn. Mike and Jeremy: Good news. I just had a voicemail from Steve Buschmann saying that the Settlement Agreement and Release I sent out yesterday was acceptable and we have a deal. Jeremy, can you request the check while I'm circulating the settlement documents? Thanks, Alan Alan S. Townsend Bose McKinney Evans LLP 2700 First Indiana Plaza 135 N. Pennsylvania Street Indianapolis, IN 46204 (317) 684 -5225 From: Townsend, Alan Sent: Wednesday, April 30, 2008 4:01 PM To: buschmann @indiana- attorneys.com Subject: Enclave Homeowners Assn. Hi Steve: 5/1/2008 Page 2 of 2 Here is a revised draft of the Settlement Agreement and Release. Though I've used some different wording, I think I've captured the substance of your proposed revisions. I think you can focus your attention on Paragraph 5 on page 1 and Paragraph 2 on page 2 because is seems like all of the revisions are in those paragraphs. Let me know if you have any additional questions or comments. If not, then let me know if we're ready to exchange signatures. Thanks, Alan Alan S. Townsend Bose McKinney Evans LLP 2700 First Indiana Plaza 135 N. Pennsylvania Street Indianapolis, IN 46204 (317) 684 -5225 This message is from the law firm Bose McKinney Evans LLP. This message and any attachments may contain legally privileged or confidential information, and are intended only for the individual or entity identified above as the addressee. If you are not the addressee, or if this message has been addressed to you in error, you are not authorized to read, copy, or distribute this message and any attachments, and we ask that you please delete this message and attachments (including all copies) and notify the sender by return e -mail or by phone at 317- 684 -5000. Delivery of this message and any attachments to any person other than the intended recipient(s) is not intended in any way to waive confidentiality or a privilege. All personal messages express views only of the sender, which are not to be attributed to Bose McKinney Evans LLP, and may not be copied or distributed without this statement. 5/1/2008 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement is made and entered into this J st day of May, 2008, by and between the City of Carmel ("Carmel") and the Enclave of Carmel Homeowners Association, Inc. (the BHA'. i i Recitals i I Carmel is a municipality duly organized and existing pursuant to the laws of the State of Indiana. 2, The EHA owns certain real estate located in Section 30, Township 18 North, Range 4 East in Hamilton County, Indiana and commonly known as Common Area B. 3. Pursuant to Indiana law, Carmel is entitled to exercise the power of eminent domain. I 4. Pursuant to a lawsuit captioned City of Carmel v. the Enclave Develo ent Company and the Enclave of Carmel Homeowners Association. Inc. Cause No. 29DOI -0803- j PL-00285 (the "Condemnation Lawsuit'), Carmel is seeking to acquire Common Area B from the EHA to accommodate a road improvement project. A true and accurate copy of the legal I description of Common Area B is attached hereto as Exhibit A i i S. The EHA objects to the Condemnation Lawsuit. The EHA, among other things, disputes the le of the Condemnation Lawsuit contends that Carmel has undervalued ued I Common Area B, and believes that real estate and property adjoining Common Area B will be I negatively impacted by the road improvement project. 6. After consulting with their legal counsel, Carmel and the EHA have agreed to resolve all of their disputes concerning (a) Common Area B, and (b) the Condemnation Lawsuit, without the expense, uncertainty, and necessity of additional litigation, to buy their peace without admitting any liability, and to settle all possible claims therein on the basis hereinafter stated. I Prescribed by State 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 The Enclave of Carmel Homeowners Association, Inc. Purchase Order No. NA 805 City Center Drive, Suite 120 Terms Carmel IN 46032 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 04/30/08 NA 07 -08 Keystone Parkway 126th Street Ju Compensation Land Cost $9,247.60 Parcel 61 PLEASE DELIVER THIS CHECK TO JEREMY KASHMAN AT THE CITY OF CARMEL ENGINEER'S OFFICE Total $9,247.60 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 A VOUCHER NO. WARRANT NO. The Enclave of Carmel Homeowners Association, Inc. ALLOWED 20 805 City Center Drive, Suite 120 IN THE SUM OF Carmel IN 46032 9,247.60 ON ACCOUNT OF APPROPRIATION FOR The Enclave of Carmel Homeowners Association, Inc. PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members DEPT.# NA NA 4470402 $9,247.60 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 May 12, 20 08 $9,247.60 Signature Cost distribution ledger classification if Cit En claim paid motor vehicle highway fund Title I i I NOW THEREFORE, in consideration of the promises and covenants expressed herein, i Carmel and the EHA represent and agree as follows: i 1. Settlement Amount. In consideration of the sum of Nine Thousand Two I Hundred Forty Seven Dollars and Sixty Cents ($9,247.60) (the "Settlement Amount") together with other good and valuable consideration provided by or on behalf of Carmel and in accordance with the terms of this Settlement Agreement, the EHA shall (a) convey a fee simple interest in Common Area B, free of all liens and encumbrances, to Carmel by a Warranty Deed in the form attached hero as Exhibit B, (b) execute a Sales Disclosure Form in the form attached hereto as Exhibit C, and (c) complete the W -9 in the form attached hereto as Exhibit D It is further understood and agreed that the EHA shall be responsible for and satisfy all property taxes, if any, on Common Area B which accrued before the date of this Settlement Agreement, 2. Other Good and Valuable Consideration. In addition to providing the EHA with the Settlement amount, Carmel and the EHA agree as follows: (a) recognizing that Carmel will be removing mature trees from Common Area B, Cannel shall replace any trees removed from Common Area B in order to accommodate the road improvement project at a rate of 1.25 to i 1 (by way of example, for every four trees removed from Common Area B in order to accommodate the road improvement project, Carmel shall plant five trees of similar type and with diameters of not less than 2 inches in or near Common Area B and at locations agreed upon 1 by Carmel and the EHA); (b) Carmel and the EHA shall work cooperatively to provide additional vegetative screening along Keystone Avenue and 126 Street near Common Area B; (c) after Carmel completes the road improvement project (i) the EHA, at its cost and expense, shall request approval from the appropriate authorities to build and maintain a fence within Common Area B and, as long as the proposed fence is similar in size, dimension, color, and 2 Norse. If no name is circled when more than one nam is listed, the number wit be considered to be that of ft first name listed. PrWM Act Notice socum 5109 of me btarml Revenue code requires you io Provitle yaw correct TIN to WWM wfa must fie bdormeftn Mums wig tha M to report Merest. divWmft, and cermin other hra0fna paid to you. mongage aderest VoupM,V*WqukMmorabartftMMW40f$WwWprcpwty.cwowoimofdeKor oonbskAons you made to an WK or Arena W or HsA The IRS uses the rumbas for idanb3mGon purposes and to trelp verily the aoaraey of your tax rerun The IRS May also pwAde this inforrnadoe to the Dwarhnmd of Aatke for eMl and win" 114wim end to calm, SWAM. the District of CAMbia, and U.S. posvessim to carry ovt their tmc laws. taye may also dbok+se tide hrformation to other oounblea ands a tax boaty. to fedwW and abdo agenebs to micros federal nwtax Criminal laws, or to federal law erdaroemaM and hdeulgartae e9errciec to Combat terrprlem You must provide your TIN wha#W or nod you are requbed to file a tax rattm'i. Iva; MW gwm* wrTfdrold 26% of taxable hopes dividend, and certain other payrtwb to a payee who does not give a TIN to a Payer. Cenah parwWws may also apply. i F r W -9 Request for Taxpayer ofra torn to the k>ch3bw 2W7) Identification Number and Certification Sumter, Do itch i a an Tammy send to the IRS. rsemen n•vsoe WAN Nam (as shown on your Income tax retum) The Enclave of Carmel Homeowners A SoCiat on I Bmdnew ranw, 8 dreamt nom above o Cneolr appropriste bwc ti,dnidrmVSola t>r tw C- 110ratiwn 13 PaVOGIV tailed flabby compwW. liner the in classification (D-ddegarded WW. C poratbr% PapartnsrshO t 15 odw (W hmewo c e Address Nunhv. street, and apt. or suite rib.) Re4uWafe name end address OPLIONO C6 805 City Center Drive, Suite 120 IS City, state, and ap code Carmel, IN 46032 tiet aococrd Mm tarts) bore topW114 Taxpayer Identification Number N Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid soc1s1 securay number backup wid twldatg. For IndividuaK this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, we the Part I instructions on page 3. For other entities, It Is your enVloyer Identiffeation number (ON). It you do rot have a number, see Now to get a 7IN on page 3. or Now If the account is In more than one name, see the chart on page 4 for guidelines on whose number to enter. CM Certification Urder penalties of perjury, I "Ally Chet: 1. The number shown an this form is my connect taxpayer identification number (or I em waiting for a number to be Issued to me), and 2. 1 am not subject to backup withhoding pecauss: (a) I am exempt from backup withholding, or (b) I have not been notiflad by the internal Revenue Service ORS) that 1 am subject to backup withholding as a result of a failure to report all Interest or dividends, or (C) the IRS has nolAad me that I am no longer subject to backup withholding, and 3. 1 am a U.S. cl*ert or other U.S. person (defined bekY4 CeRifloatlon lintruclions. You must cross out Item 2 above g you have been notified by the IRS that you are currently sub)ad 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 ilten3st paid, acquisition or abandonment of scoured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than Merest and dividends, you are not required to sign dire Certification, but you artist provide your correct TIN the Instructions on page 4. p Sign mgr-u -of e f a Here U.S n tie General Instructions TUA 19h% Defirttsm t of a U.S. person. F19 faderai tax purposes, y ou are Section references are to the Internal Revenue Code unless consider a U.S. person It you are: otherwise noted. a An Individual who le a U.S. citizen or U.S. resident alien, a A partnership, corponatlon, company. or associ$hmh 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 (nN) 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 o contributions you made to an IRA trade or business in the United States are generally required to Use Form W -0 only If you aro a U.S. person (inoluding a pay a withholding tar 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 rewired to presume that 1. Certify that the TIN you we giving Is coned (or you are a partner Is a foreign person, and pay the withholding tax. walling for a rwmber to be issued), Therefore. If yo u are a U. per son that Is a partner In a Stat 2. Certify that you are not subject to backup Withholding, or provide Form W-9 t u the partnership to establish your U.S. es, 3. Clain 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 irtcorne from The person who gives Form to the partnership for a US. trade or business Is not subject to the withholding tax on pur 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. It 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 eases: substentielly similar to this Form W-9. The U.S. owner of a disregarded entity and not the enfily, Cat. Na IMIX Form W-9 (Rev. 10 i I Form w 0 (Aev. t0200ri pa 2 e The U.S. grantor or other owner of a grantor trust and not the 4. The IRS tells you that you are subject to backup trust, and withholding because you did not report ail your interest and The U.S. trust (other than a grantor trust) and not the dividends on your tax return (for reportable interest and beneficiaries of the trust. dividends only). or Foreign person. If you are a foreign person. do not use Form 6. You do not certify to the requester that you are not subject rd i W-9, instead, use the appropriate Form W-8 (see Publication d withholding under 4 above reportable interest and 516. Withholding of Tax on Nonresident Allens and Foreign di dend accounts opened after 1983 o o nly). Entities). Certain payees and payments are exampt from backup Nonresident alien who becomes a resident alien. Generally. withholding. See the Instructions below end lire separate Only a nonresident alien individual may use the tam of a tax Instructi the Requester of Form W -9. treaty to reduce or eliminate U.S. tax on certain types of income. Also see Special cafes for perbrerships on page 1. However, most tax treaties contain a provision known as a Penalties °saving clause.' Exceptions specified in the saving clause may pemtit an exemption from tax to continue for certain types of Fallure to furnish TIN. If you fail to furnish your correct TIN to a income even after the payee has otherwise become a U.S. requester, you are subject to a penalty of $50 for each such resident alien for tax purpose& failure unless your failure Is due to reasonable cause and not to If you are a U.S. resident alien who is relying on an exception willful neglect. I contained in the swft clause of a tax treaty to claim an CM pera fb► for false infomwtbn wit respect to M exemption from U.S. tax on certain types of Income, you must withholding. N you make a false statement with no reasonable attach a statement to Form W-0 that specifies the following five basis that results in no backup withholding. you are subject to a items: $500 penalty. 1. The treaty country. Generally. this must be the same treaty criminal penalty for falsifying information. Willfully fats W9 under which you claimed exemption from tax as a nonresident certifications or affirmations may subject you to cr n*W alien. penalties Including fines and/or imprisonment. 2. The treaty article addressing the Income. Misuse of TIN& If the requester disoloses or uses TINS M 3. The article number (or location) In the tax treaty that violation of federal law, the requester may be subject to civil and contains the saving clause and its exceptions. criminal penalties. 4. The type and emount of income that qualifies for the exemption from tax. Spec In8t1UC10115 5. Sufilclent tads to justify the exemption from tax under Me Name terms of the treaty article. Ekarnple Article 20 of the U.S. -Ching income tax treaty allows N you are an individual, you must generally enter the name shown On your income tax return. However, an exemption from tax for schotarshi income received by a N you have Changed Your oast name, for In stan c e, Chinese student tempora present In the United States. Under dmin due to marriage without informing st ray U.S. law, this student will become a resident alien for tax the fir S o cial Security last lration of the name c cial s enter purposes if his or her stay In the United States exceeds 5 your first name, the last name shoran on your social ecnatty calendar years. However, paragraph 2 of the first Protocol to the card, and your new last name U.S: Chinn treaty (dated April 30, 1984) allows the provisions of If the account is in pint names, list first, and then circle, the Artide 20 to continue to apply even after the Chinese student name of the person or entity whose number you entered in Part I becomes a resident alien of the United States. A Chinese of the form. student who qualifies for this exception (under paragraph 2 of Sole proprletor. Enter your individual name as drown on you the first protocoo and is relying on this exception to claim an Income tax return on the "Name' line. You may enter your exemption from tax on his or her eftlarship or fellowship business, trade, or "doing busirwa as (DBA)" name on the income would site du to Form W-9 a statement that Includes the "business narse' fine. information described above to support that exemption. Vaned fiebblgr company "Q. Check the "Limited ilabfihy if you are a nonresident alien or a foreign entity not subject to compW box only and enter the appropriate code for the tax backup withholding. give the requester the appropriate cigggj{=t� for disregarded entity. 'C" for corporation, 'P' completed Farm W -8. for partnership) in the speoe provided. What is backup withholding? Persons making certain payments For a single member LLC Qnduding a foreign LLC with a to you must under certain conditlorts withhold and pay to the domestic owned that Is disregarded as an entity separate from IRS 28% of such payments. This Is celled 'backup withholding." its owner under Reguuls6ons section 301.7701 -9, enter the Payments that may be subject to backup withholding Include Owner's name on the "Name" Ong. Enter the LLC's name on the interest, tic- exempt interesl, dividends, broker and barter 'Business name' One. exchange transactions, rents, royalties, nonemployee pay. and For an LLC clauffied as a partnership or a corporation, enter certain payments from fishing boat operators. Real estate the LLC's name on the "Name' line and any business, trade, or transactions are not subject to backup withholding. DBA name on the 'Busi ass name" rive. You will mot be subject to backup withholding on payments Other entities. Enter your business name as shown on required you receive it you r ss, end report give the reques you ter yo r taxab b le ec, intere t tere st and cxr rake the federal tax dom nos of the 'Name" One. This name should dividends proper smrti n you tax rettrnt match the name shown an the chatter or other legal doaumdtt creating the entity. You may enter any business, trade, or DRA Payments you receive will be subject to backup name on the 'Business name' line. wMit olding if: Note. You are requested to check the appropriate box for your 1. You do not furnish your TIN to the requester, status pnd ividual/sole proprietor, corporation, etc.). 2. You do not certi you TiN when required (see the Pan II Exempt Payee Instructions on page 3 for details), If you are exempt from backup withholding, enter your name as 3. The IRS tells the requester that you furnished an Incorrect dascribed above and check the appropriate box for your statub. TIN, then check the 'Exempt payee' box In the One following the business namw sign and date the form. i i Form w-e (Rev. 10,soon Paea 3 Generally, individuals (including sole proprietors) are not exempt Part I. Taxpayer Identification from backup withholding. Corporations are exempt from backup Number N withholding for certain payments, such as interest and dividends. (TI i Note. It you are exempt from backup withholding, you should Enter your TiN In the appropriate box. It you are a resident still complete this fonts to avoid possible erroneous backup alien and you do not have and are not eligible to get an SSN, withholding. your TIN Is your IRS individual taxpayer Identification number The following payees are exempt from backup w'rthholdxtg: (MN). Enter It In the soda] security number box, If you do not 1. An organization exempt from tax under section 501(a), any stave an mN, see How to get a TIN below. IRA, or a custodial account under section 403(b)M fl the account If you are a sole proprietor end you have an FIN, you may Sattsile6 the requirements en section 401(11(2), enter either your SSN or EIN. However, the IRS prefers that you use your SSN. 2. The United States or any of its agencies or If you are a single- member LLC that Is disregarded as an Instrumentalities, entity separate from its owner (see limited BODY ewnpmy 3. A state, the District of Columbia, a possession of the United (LLQ on page 2). enter the owners SSN (or EIN, 9 the owner States, or any of their political subdivisions or instrum9nial ties, has one). Do not enter the disregarded anilty's EIN. It the LLC Is 4. A foreign government or any of its political subdivisions, classified as a corporation or partnership. enter the entlVe EIN. agencies, or instrumentalities, or Note. See the chart on page 4 for further clarification of name 5. An International orgaribatbn or any of its agendas or and TIN combinations. i Instrumentalities. Now to eat a TiN. If you do not have a TIN, aepppp for one immediately, To apply for an SSN, get Fom SS 8 Application Other payees that may be exempt from backup withholding include: for a social Security Card, from your local Social Security Administration office or get this form ordine at www.me.gov. You 6. A corporation. may also get this torn by calling 1 •WD- 772 -1213, Use Form 7. A foreign central bank of issue, W -7, Application for iRS Individual Taxpayer Identlflcadon 8. A dealer in securities or ccmmodftlw required to register In Number, to apply for an [TIN, or Form SS-4, Application for the United States, the DOW of Columbia, or a possession of Employer Identification Number, to apply for an EIN. You can the United States, apply for an EIN online by acoessing the IRS websits at Number .g0v/ undo St arting a and ticking on Employer iden 9. A futures commission merchant registered with the Number {EIN) under St Businttss. You can get Forms W -7 Commodity Futures Trading Commission, and 88 from the IRS by visiting www.trsgov or by calling 10. A real estate Investment trust, 1-8oD- TAX -FORM (1.800429-0976). 11. An entity registered at an times during the tax year under If you are asked to complete Fort W 9 but do not have a TIN. the Investment Company Act of 1940, write "Applied For In the space for the TIN, sign and date the A common lvust fund operated by a bank under section form, and give it to the requester. For interest and dividend 12. 5 12. payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a 13. A financial institution, TIN and give it to the requester before you are subject to backup 14. A middleman known in the imrestrnent community as a withhold'utg on payments, The 60-day rule does not apply to nominee o► custodian. or other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to 15. A trust exempt from tax under section 664 or described In the requester. section 4947. Note. Entering 'Applied For' means that you have already The chart below shows types ofpsymerris that may be applied for a TIN or that you intend to apply W one soon. exempt from backup wftodng. The d'art applies to the caution: A disregarded damestic entity that has a foreign owner exempt payees listed above, 1 through 15. must use the appropriate Form W-8. IF t h e payment is for THEN the payment is exempt Part Ii. Certification for To establish to the withholding agent that you are a U.S. person, Interest and dvidend payments All exempt payees except or resident alien, sign Form W-9. You may be requested to sign for 9 by the withholding agent even If hems 1, 4, and 5 below indicate Broker transactions Exempt peyso 1 through 13. otherwise. Also, a person registered under For a Joint account, only the person whose TIN Is shown In the Investment Advisers Aot of Part I should sign (when required), Exempt payees, see Exempt 1940 who regularly acts as a Payuee on page 2. broker Signature requbernents. Complete the certification as indicated Barter exchange transactions Exempt payees 1 through 5 in 1 through below. and patronage dividends 1. Intarast, dividend, and barter exchange accounts opened before 1964 and broker accounts considered active Payments over $600 requied Generally. exempt "Yen durieg 1983. You must give your correct TIN, but you do not to be reported and direct t through 7 have to sign the certification. sales war 55,00, 2. interest. d'mdend, broker, and barter exchange 90o Form 1os9+rkusC, wbceuauKOUS trdoomo Budd es etsrdteUov�. accourda opened after t9M and broker accounts Considered however, ere foilowing paymer� made to a owporauon Owuduv croft withh ire during 196 You must sign the cer or backup eds paid to en eb omey under section eoWQ. oven 0 me ettmm Is a withholding will apply. If you are subject to backup withholding proce at and r� on Farm 109yMOC ire rat **VW and you are merely providing your correct TIN to the requester, backW wilhtteWhW. modal cod hecllh Odra payments. etW—W tees, and you crow out item 2 In the certification before signing the pr#rwa for savloes paid by a fed" etvecueve agemY• I pop 4 I Fain w4 0%V. 110 i Real estate t anseadons. You must sign the certification Secure Your Tax Records from Identity Theft You may cross out Item 2 of the certification. Identity theft occurs when wmeone uses your personal 4. Ocher payments. You must give your correct TIN, but you Inforrrhation such as your name, social security number (SW. or do not have to sign the certification unless you have been other iderrtifyeng Information, without your permission, to commit ratified that you have previously given an Incorrect TIN. `Other fraud or other dimes. An Identity thief may use your SSN to get payments" include payments made in the course of the a job or may file a tax return using your SSN to receive a refund. requesters trade or business for rents, royalties, goods (other To reduce your risk: than bills for merohandise), medical and health care services yo (including payments to oorponatlons), payments to a e Protect your SSN, nonenployee for SWAM, payments to certain fishing boat crew a Ensure your employer Is protecting your SSN, and 1 members and fishermen. and gross proceeds paid to attorneys a Be careful when choosing a tax preparer. j (Including payments t0 corporations). gall the IRS at 1- 800-829 -1040 If you think your identity has 5. Mortgage interest paid by you, acquisition or been used inappropriately for tax purposes. abandonment of secured property, cancellation of debt, qualified tuition program payments (under section M), IRA, Victims of identity theft who are experiencing economic harm Coverdeli F Archer RASA or FISA corttributlerhe or or a system problem, or are seeking help In resolving tax distributions, and pensim distributions. You must give your problems thffi have not been resolved through =met dharmels, correct TIN, but you do not have to sign the oertifioation. may be eligible for Taxpayer Advocate Service (TAB) assistance. You can reach TAS by calling the TAS top -free case Intake tine What Name and Number To Give the Requester at 1'877- 777 -4778 or TTYiTbD 1- 800 19 -4059. Proteat yourself from suspiebus emcees or phishing For eh@, type of aboamb Cava Owns and SON oh schemes. Phishing Is the creati0rt and use of small and inindividual websttes designed to mimic legitimate business smalls and f. di id ewe individuals point The aCWel owner of line anoint a. websites. The most common act is sending an small to a user 2. n a o M combined lunch. the fist falsely claiming to be an established legitimate enterprise In an WMdual on the account' attempt to scam the user into surrendering private Information 3. Custodian aotrotrd of a minor The aura►' that wig be used for Identity then. (UnIlIMM Gan to Mirrors Act) The IRS does not initiate contacts with taxpayers via emails. e. a. The usual ravoeable Cravings The Wanto- bh6tee Also, the IRS does not request personal detailed inforrhatton MW Ountw is also trust") through small or ask taxpayers for the PIN numbers, passwords. b. Soea m trust account dw is The actual owner' or similar secret access information for their credit card, bank, or not a legal or valid gust under other financial accounts. state haw 5. We nmrrletoremp or disregarded The owner if you receive an unsoWded small claiming to be from the IRS. entity owned by an klividual forward this message to pfhlSfURg®frr 9ov. You may also report For thb typo of ec:cM& Give namne &W LIN at misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 9. 0190pprdad eraay not owned by art MW owner 1- 900 68 -4484. You can forward suspicious emaHS to the inClividud Federal Trade Commission at: spmnouce gov or contact them at 7. A valid tray. estate, of per WOA Mgt Lapel entity www.consunwgov1k *ft or 1$77- I0THEFT (4384336). L t grim a or u.0 electing n G corporate status on win 0992 Visit the IRS webslts at www.fts.gov to learn more about 9. AMMI1400n, club. re0p OUS Tne organthgda, identity theft and how to reduce your risk. ohwkable. edtcetcnel. or ouheT tthr"cernpt organtrailon 10. PaAnastdp or mulpqrWrdW U.0 The P muwwjp 11. A broker or registered nomtn o The bnAw or nOa1M100 12. Account with the Deparment of The pjW Witily Agriculture in the name of a puboc enhly (such as a am* or local gevemrrhart seMol dhoim. or WMoq the rwdm 1. paYrM lkt nu an0 coda ere name d the pareohh craw WwW you tadoh. C ady ions maroon on a Wo zoomed has on SSK 00 penroP's nznbw moat be ftaeishzd, a llude ale mares merit end Iharish be minas Oft "you must show yme k*A Wr nand and you may *0 OW yar Wisheza or ow name an the eem alma W& Yoe may use aihN yw 8 or fm lif ymu have orate but the AS ancmuagm you to use your M. Lm &W and Weds tyre nark of the roam. aaaaa. m PWWon tnwt 00 not todXl an 1W of vo p mp,wwiwaw or rAm own to ingai way aaNt is not aeftn dad b lea apowo take) Aw cat vp� nwe or paroi aivs an page 1. Note, If no name is circled when more than one name is listed, the number will be considered to be that of the fast name listed. Privacy Act Notice Section 6109 of to bderrel Revenue Code requk a you to prov you correct TW W Persons who num the I n t orinstlon rounm wish the M to report tnterwL dividmWs, and coudn aher 'aroma paid to you. modgeoe interest you pM. the mquileaion or abaadonmwd of secured property. lion of deal, or oonbs unions you mode to an IRA er Archer MSA or HsA. The IRS uses the numbers for it on purposes and V help verify the aotthracy of Your talc rerun. The IRS may also provide tins Infwmauon to the Department of Justieo for civil and wmhfnal lirga£o1, hex! to CIUes, stelae. ft District of Cd mbkb Ord U.S. posses6ion6 to GIRy out the tax laws. We may also disclose little hwarmalion to orher counties under a tax booty. to fedora* and aide agencies to efdorce federal nontax criminal laws, or to fadarel law ardoresnheM and Ime0lganas agencies to Combat turwtsrR You must provide your TIN wt a or not you are Mond to file a tax Tatum. Payma mtmt garw* withlum 2996 of taxable tamest dividend, arW o&U h other Mum* to a payee who does not give a TIN to a DOW. Certain wolties may also a0Wy. materials to the existing fence, Carmel agrees to support and recommend approval to the i applicable authorities for the proposed design and location of the fence, and (ii) the EHA, also at its cost and expense and after obtaining approval from the appropriate authorities, shall be i permitted to construct a fence of similar size, dimensions, color and materials as the existing I i fence within Common Area B in order to provide screening and privacy equivalent to the existing fence. i 3. Common Area B. The EHA has not executed or permitted anyone on its behalf 1 to execute any conveyance, mortgage, lien, lease, security agreement, financing statement, or encumbrance of or upon Common Area B. Further, the EHA has made no contract to sell all or i part of Common Area B to anyone other than Carmel. To the best of the ERA's knowledge, there are no unpaid claims for labor done upon or materials furnished for Common Area B for which liens have been or maybe Sled. 1 i 4. Resolution Of The Condemnation Lawsuit. After the execution of this Settlement Agreement, Carmel and the EHA represent and warrant that they will file the necessary papers and pleadings to dismiss the EHA only from the Condemnation Lawsuit. S. Outstanding Claims. Carmel and the EHA hereby represent that they know of no claims, rights, demands, or causes of action which they have or may have against each other i or each others agents, employees, officers, directors, attorneys, representatives, insurers, I successors, or assigns arising out of or relating to Common Area B other than those claims, rights, demands, or causes of action which are being released and discharged pursuant to this Settlement Agreement, 6. Conti nulag Cooperation. To the extent questions, concerns, or disputes develop concerning the fee simple interest transferred pursuant to the Warranty Deed attached hereto as 3 i i 11. 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 the Circuit or Superior Court of Hamilton County, Indiana. 12. 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 EHA 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 EHA and their agents, representatives, insurers, successors, or assigns. The City of Carmel By: Name Printed: Csic�'Z/ Title: C �12 rx(n/i s'X 0A o' Alan S. Townsend BosE McKiNVEY EV ANS LLP 2700 First Indiana Plaza 135 North Pennsylvania Street Indianapolis, IN 46204 Attorneys for the City of Carmel 5 The Enclav of Carmel Homeowners Association, Inc- By v Name Printed: Title: I I T tephen R. Buschman T mAstm BuscHMANN Gpmwm VoEUKEj,, P.C. 151 N. Delaware Street, Suite 1900 Indianapolis, IN 46204 Attorneys for the Enclave of Carmel Homeowners Association, Inc. 1110421 6