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HomeMy WebLinkAboutSettlement/Utilites/Robert WaeissSETTLEMENT AND RELEASE AGREEMENT THIS SETTLEMENT AND RELEASE AGREEMENT "Agreement is hereby entered into by and between Integrity Automotive, Inc., an Indiana corporation, Mr. Robert Waeiss, an individual with an office located at 40 S. Rangeline Road, Carmel, Indiana, (jointly and severally, the "Claimant and the City of Carmel, Indiana "City WITNESSETH: WHEREAS, Claimant has: (a) made a claim against the City for certain damage that was allegedly done to the Claimant's sewer lateral, located at or about 40 South Rangeline Road, Carmel, Indiana, during the City's installation of a new water main and /or as a result thereof (the "Claim and (b) threatened to commence litigation against the City with respect to the Claim; and WHEREAS, Claimant has agreed to settle and release the Claim in consideration of a payment to Claimant by the City in the amount of Seven Thousand Five Hundred Fifty Five Dollars ($7,555.00) (the "Release Payment as well as for additional sums from persons not party to this Agreement and not affected hereby. NOW, THEREFORE, in consideration of the foregoing, Claimant covenants and agrees as follows: 1. The forgoing Recitals are incorporated herein by this reference. 2. Claimant, for itself and its officers, partners, agents, attorneys, beneficiaries, successors a and assigns, hereby releases and discharges the City and its officers, officials, agents, attorneys, departments, successors and assigns from the Claim, and from all other claims and rights of action of any nature that arise out of, are based upon, or are in any manner connected with the Claim or the subject matter thereof, whether known or unknown, patent or latent, provided that such release and discharge [Z, \E Bass 'My Documents Agreements1Settlement-Release llmegrity Automotive Robert Waeiss Settlement and Release Agleemat.doc: I 1 /28/2011) shall be effective only if the Release Payment is delivered to the Claimant within thirty five (35) days after the date on which this Agreement is last signed by a party hereto. 3. Claimant, for itself and its officers, partners, agents, attorneys, beneficiaries, successors and assigns, hereby covenants and agrees that neither it nor any of its officers, partners, agents, attorneys, beneficiaries, successors or assigns will institute, cause or permit to be instituted on its behalf, any suit, action or proceeding in any court or administrative forum against the City and /or its officers, officials, agents, departments, attorneys, successors or assigns that arises out of, is based upon, or is in any manner connected with the Claim or the subject matter thereof 4. Claimant hereby acknowledges and agrees that this Agreement and the delivery of the Release Payment constitute the compromise of a disputed claim and are not an admission of: (a) the existence or validity of the Claim; or (b) any liability or obligation whatsoever on the part of the City and /or its officers, officials, agents, departments, attorneys, successors or assigns; all such existence, validity, liability, and obligations being expressly denied and disclaimed. 5. Claimant hereby indemnifies and holds harmless the City and its officers, officials, agents, attorneys, departments, successors and assigns from and against any violation or breach of this Agreement by Claimant, or its officers, partners, agents, attorneys, beneficiaries, successors or assigns, including, without limitation, all reasonable attorneys' fees, court costs, and other defense costs. 6. Each of the undersigned persons executing this Agreement represents and warrants that: (a) he or she is fully empowered and duly authorized by all necessary action(s) of the party for whom he or she is signing to execute and deliver this Agreement; (b) this Agreement is the legal, valid, and binding obligation on said party; and (c) that he or she is executing this Agreement freely, voluntarily, and without coercion. 7. This Agreement supersedes any and all prior written and oral contracts, agreements and understandings between the parties hereto regarding the Claim and /or the subject matter hereof [Z:\E Bass\My Documents\A greemen ts Settlement- ReleueUntegrity Automotive Robert \Vaeiss Settlement and Rdease Agrfttnaa.doc: I (/28/2011 j INTEGRITY AUTOMOTIVE, ROBERT WAEISS An Indiana Corporation By BY: Mary Date: Lori St tson, Member Date: ATTEST: IN WITNESS WHEREOF, the parties hereby execute and deliver this Agreement, the same being effective on and after the date on which it is last signed by a party hereto. ana Cordray, IM ate: (authorized signature) Robert Waeiss Date: ry e v et 20 c t Zo IsS ©corm(\.. (Printed Name and Title) Date: h!o y 3 o Zc, Approved and Adopted this l day of 1.12-Ct CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety Jam /Brainard, Presiding Officer Dat Cle k- Treasurer rZ:\E Bass\My Documents Agreements \Settlement- ReleaseUntegrity Automotive Robert Waeiss Settlement and Release Agr{ernent.doc -1 1/28201 I) ,201f Sandra M. Johnson, Deputy Clerk for