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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 Q 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 ,9D 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 [Z:EBac6.1y AUlnmoli- Rnhma Waass- Shcicmait mid Relase AggcemmlA—1 1 /2812011] E 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. [Z1e 13W)Nly DacumansWgreamansiSHticmcnl- RelrueUntegrit y Aueomolire- Rohm \Vaass- Still —I -dRd Agri —W-A 112W201 11 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 n B (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 VL Di a Cordray, IM &X, Clerk Treasurer Date: IZ :TS—Wy Do mees"gr�aes%Satlemmt- [Zelmcs ]iLtegrity Aut omotive- RobertW aass- Sallemait wW Ret— AT- 11Aa:l UMUI 1] 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