HomeMy WebLinkAbout204590 12/13/2011 CITY OF CARMEL, INDIANA VENDOR: 163775 Page 1 of 1
ONE CIVIC SQUARE INTEGRITY AUTOMOTIVE INC CHECK AMOUNT: $7,555.00
CARMEL, INDIANA 46032 40 S RANGELINE ROAD
CARMEL IN 46032 CHECK NUMBER: 204590
CHECK DATE: 12/13/2011
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 SETTLEMENT 7,555.00 SETTLEMENT
SETTLEMENT AND RELEASE AGREEMENT
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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
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and the City of Carmel, Indiana "City
WITNES'SETH:
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
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
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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.
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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.
INTEGRITY AUTOMOTIVE, ROBERT WAEISS
An Indiana Corporation
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(authorized signature) Robert Waeiss
Date: /y:, V 1,
(Printed Name and Title)
Date: 140 u 3 O i
Approved and Adopted this .I day of 1 20
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
Ja s Brainard, Pres' ing O �cer
D
a e:
Mary A Member.
Date:
L� atson, Membe
Date: !13-1 -7 ,1
Sandra M, Johnson,
ATTEST: Deputy Clerk for
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Di a Cordray, IM &X, Clerk Treasurer
Date:
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CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
J es rainard, Presidin 6ficer
Date:
Mary Ann Burke, Member
Date:
Lori V) n, Member
Date:
ATTEST:
Diana L. Cordray, IAMC Cleric- Treasurer
VOUCHER 116400 WARRANT ALLOWED
T0684 IN SUM OF
INTEGRITY AUTO
40 S RANGELINE ROAD
CARMEL, IN 46032
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
121211 01- 7360 -02 $7,555.00
Voucher Total $7,555.00
Cost distribution ledger classification if
claim paid under vehicle highway fund
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 of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
T0684
INTEGRITY AUTO Purchase Order No.
40 S RANGELINE ROAD Terms
CARMEL, IN 46032 Due Date 12/8/2011
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
12/812011 121211 $7,555.00
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
1 t�
Date Officer