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Home My WebLink About174859 07/22/2009 CITY OF CARMEL, INDIANA VENDOR: 363099 Page 1 of 1 ONE CIVIC SQUARE JOHN AND SHEILA FISCHER CHECK AMOUNT: $400.00 CARMEL, INDIANA 46032 2817 BRIDLEWOOD CIRCLE CARMEL IN 46033 CHECK NUMBER: 174859 CHECK DATE: 7/22/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER A MOUNT DESCRIPT 1180 4358400 400.00 REFUNDS AWARDS INDE APPROVED, AS TO FORM BY: -ILL SETTLEMENT AGREEMENT, RELEASE AND COVENANT NOT TO SUE THIS AGREEMENT is made and entered into by and between John and Sheila Fischer "the Fischers 2817 Bridlewood Circle., Carmel IN 46033, and the City of Carmel, Indiana, an Indiana municipal corporation, by and through its Board of Public Works and Safety "City Recitals 1. On or about September 6, 2008, the Fischers were involved in a bike accident within City right of -way on a sidewalk maintained by the City "the Incident 2. The Fischers have more than two thousand dollars ($2,000.00) in unpaid medical bills. 3. City disputes any liability for the Incident but has taken part in negotiations to resolve this matter. 4. In order to avoid the cost, expense and uncertainty of litigation, and to set at rest any claims which have been made or which could be made regarding the Incident, the parties now desire to fully settle this matter on the terms set forth herein. Ap,reement NOW, THEREFORE, in consideration of the premises, agreements and considerations contained herein and upon the terms and conditions hereinafter set forth, and for other good and valuable consideration, in the form of four hundred dollars ($400.00) the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Release of City of Carmel, Indiana The Fischers do hereby forever release and discharge City, its employees, agents, insurers, directors, officers, officials, attorneys, contractors, successors and assigns, of and from any and all liability, claims, demands, controversies, damages, costs and expenses, actions and causes of action whatsoever, on account of or related to any loss or damage of any kind or nature sustained by the Fischers from, as a result of, associated with or in any way related to the Incident, or otherwise. 2. Release of The Fischers City does hereby forever release and discharge the Fischers of and from any and all liability, claims, demands, controversies, damages, costs and expenses, actions and causes of action whatsoever, on account of or related to any loss or damage of any kind or nature sustained by or resulting to City from, as a result of, associated with, or in any way related to the Incident. [eh:mewordm \law \I perkim\misc\settlemem release fischer.doc:625 /09] 1 3. Covenant Not to Sue The Fischers and City, on behalf of themselves and their respective employees, agents, insurers, directors, officers, officials, attorneys, successors and assigns, do each hereby agree and covenant to forever refrain from initiating, pressing, collecting or in any way aiding or proceeding upon any and all actions and causes of action against the other for any damages, costs, expenses, lost opportunities, compensation or any other compensatory, punitive, equitable or other relief whatsoever and however arising, whether known or unknown, foreseen or unforeseen, developed or undeveloped, which they had, now have or may have after the execution of this Agreement against the other from, arising out of, based upon, related to or associated with the Incident, or otherwise. 4. No Admission The parties understand and agree that this Agreement s the product of negotiations, was jointly drafted, and is intended to tenninate and settle all further controversy concerning or relating to the Incident, that this Agreement is made in the interest and spirit of compromise, and that this Agreement is not and shall not be construed as an admission of liability on the part of either party to the other, or to any other person, corporation, court, tribunal, fact finder or other individual or entity whatsoever. 5. Authorization Each individual executing this Agreement on behalf of a party hereto does hereby warrant that he or she is authorized to act on behalf of such party in executing this Agreement, and that the same is fully binding on the party hereto whom he or she represents. 6. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties and their respective spouses, children, relatives by blood or marriage, officers, officials, directors, stockholders, employees, successors, assigns, related corporations, representatives, insurers, mortgagees, heirs, attorneys, executors, administrators and agents, although the same are not specifically named herein, and effectuate a complete settlement between the parties regarding the subject matter hereof. 7. Entire Agreement This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein and supersedes all prior agreements and understandings whatsoever between the same. This Agreement shall be modified only by a writing duly signed by both parties hereto. No promises, representations, understandings or other warranties have been made by either party hereto respecting the subject matter hereof, other than those expressly set forth herein. This Agreement constitutes the understanding of both parties and no party shall be deemed to be the drafter of this Agreement. The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against any party hereto. [eb:msword:z: \law\t per1dm\misc\sett1emem release fisch -doc:6 /25/09] 2 8. Failure to Comply Should any party hereto breach or otherwise fail to comply with the terms and provisions of this Agreement, the prevailing party in such dispute shall be entitled to recover, in addition to any and all other appropriate relief, all costs arising therefrom, including, but not limited to, reasonable attorney fees. 9. Advice of Counsel The parties have each had an opportunity to engage independent counsel to explain the provisions of this Agreement and their full legal effect, and the parties agree that this Agreement is being entered into voluntarily and not as a result of any duress or undue influence and only after the parties have each carefully and completely read and understand each and every term and condition of this Agreement. 10. Governing Law This Agreement was negotiated and is intended to be performed pursuant to the laws of the State of Indiana, and shall be construed and enforced in accordance therewith, except for Indiana's conflicts of law principles. 11. Counterparts This Agreement may be executed in one or more counterparts, each of which shall constitute an original. All such counterparts taken together shall be determined to be one and the same instrument. It shall not be necessary in making proof of this Agreement, or any counterpart hereof, to produce or account for any of the other counterparts. [eb:— rd:z: \law\t perkim\misc\settlem=t release fisch -d-6 /25/091 3 IN WITNESS WHEREOF, the parties have signed this Agreement on the date below their respective signature or the signature of their representative. The effective date of this Agreement shat I be the date on which it is last signed by a party hereto. CITY OF CARMEL, INDIANA SHEILA FISCHER By and through its Board of Public Works arid, Safety BY FISCNER J es Bratnard,.Presu itig; ff l G Date: C� ate: 6 l �J Mary A Burke, Member DatE: Lori S. S. so M t ber Date: ATTES Di ria L. Cordray, INt Cl rk- Treasurer Date: �cbmsicorilc; 5uscn+ sfischcr. inJ;' appdta' dod+ n+ icrosum.++indo+csltcmpomn.imcmc flciwmrnLuul6dl +c5csu2z4- dcincn( mlc=- Fi ha,dm6i9lU9j C A INDIANA RETAIL TAX EXEMPT PAGE ity- o �i CERTIFICATE NO.003120155 002 0 Carmel PURCHASE ORDER NUMBER Aaw FEDERAL EXCISE TAX EXEMPT ��r ✓4L 35- 60000972 kI1I ONE CIVIC SQUARE "o THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032 -2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, FORM APPROVED BY'STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL 1997 SHIPPING LABELS AND ANY CORRESPONDENCE. PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 1 7 A -Ax, 1:.� [.✓lt r SHIP VENDOR w� r 1 ,C�- %'''�C��-- �'�.�`i /G'y`m .L ..�t.rt' TO CONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION 1 f 'a Y o ,s 0 1� Rw s" p o 4 0 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT go I -�G� C? 0 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. r j °L°LLf NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN SHIP REPAID. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. C.O.D. SHIPMENTS CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDERED BY SHIPPING LABELS. �f ,�q THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE '^S'�.•°' AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. t w ,�„1 CLERK TREASURER DOCUMENT CONTROL NO p+• COPY SIGN AND RETURN TO CLERK OFFICE VOUCHER NO, WARRANT NO. ALLOWED 20 e /7 d c IN THE SUM OF ON A CO�TO F RO P F 10 X NF 0 w Board Members PO# or INVOICE NO. ACCT #(TITLE AMOUNT I tom-# 1 hereby certify that the attached 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 20� Title Cost distribution ledger classification if claim paid motor vehicle highway fund