HomeMy WebLinkAbout171180 04/22/2009 CITY OF CARMEL, INDIANA VENDOR: T362662 Page 1 of 1
ONE CIVIC SQUARE CHAD GRAY
CARMEL, INDIANA 46032 LAURA E GRAY CHECK AMOUNT: $18,843.00
'i ;�.T•'� 222 BEECHMONT DRIVE CHECK NUMBER: 171180
CARMEL IN 46032
CHECK DATE: 4/2212009
D EPARTMENT ACCOUNT PO NUMBE INVOIC NU MBER AMOUNT DESCRIPTION
651 5023990 18,893.00 SETTLEMENT
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p1ovad BY
RELEASE AND COVENANT NOT TO SUE
This Release and covenant Not to Sue (the "Agreement is entered into by and between
Chad J. Gray and Laura E. Gray, husband and wife (jointly and individually, the "Grays fee
simple owners of the residence at 222 Beechmont Drive, Carmel, Indiana 46033 (the
"Residence and the City of Carmel, Indiana, by and through its Board of Public Works and
Safety (the "City
Recitals
A. On or about November 22, 2008, the Gray's experienced a sewer backup (the
"Backup at the Residence. The Gray's contend that they sustained Forty -Six
Thousand One Hundred Twelve Dollars and Fifteen Cents ($46,112.15) in
damage to the Residence as a result of the Backup (the "Damage The City
denies this contention and any liability for the Damage.
B. On November 24, the Gray's filed a Tort claim (the "Claim against the City for
the Damage.
C. The City's insurer, while not admitting liability on the City's part for the
Damages, has agreed to pay the Gray's a sum certain that is less than the amount
of the Claim (the "Insurance Payment
Agreement
In consideration of the mutual promises and agreements contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties now agree and covenant as follows:
1. The above Recitals are incorporated herein by this reference.
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2. The City shall pay the Gray's (in addition to the Insurance Payment) the sun of
Eighteen Thousand Eight Hundred Ninety -Three Dollars and No Cents
($18,893.00) in full and complete satisfaction and settlement of the Claim and all
other matters as are set forth and described herein.
3. The Gray's shall, within forty -five (45) days from the Effective Date of this
Agreement, install a "check valve" back -flow prevention device in a location that
will best prevent fixture sanitary sewer back -ups into the basement of the
Residence.
4. The Gray's do forever release and discharge the City, its employees, principals,
agents, attorneys, insurers, officers, officials, successors and assigns, from any
and all liability, claims, demands, controversies, damages, costs, expenses, actions
and causes of action that are directly or indirectly related to the Claim, the
Damage, the Backup, and /or any sewer backup(s) or sewage problems at or about
the Residence that occurred prior to the Effective Date of this Agreement.
5, The Gray's shall forever refrain from initiating, pressing, or in any way aiding or
proceeding upon any and all actions and causes of action against the City, its
employees, principals, agents, attorneys, insurers, officers, officials, successors
and assigns, for any damages, costs, expenses, lost opportunities, compensation
and /or any other compensatory, punitive, equitable or other relief whatsoever and
however arising, whether known or unknown, foreseen or unforeseen, patent or
latent, which the Gray's had, have or may in the future have against City as a
result of the Claim, the Damage, the Backup and /or any other sewer back -up(s) or
sewage problem(s) at or about the Residence that occurred prior to the Effective
Date of this Agreement.
6. This Agreement constitutes the settlement and compromise of a disputed claim,
and is not and should not be construed as an admission of liability on the part of
any party hereto, which liability is expressly denied.
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7. This Agreement shall be binding upon and inure to the benefit of the parties and
their respective officers, officials, directors, employees, successors, assigns,
representatives, heirs, executors, administrators and agents.
8. The effective date "Effective Date of this Agreement shall be the date on which
it is duly executed by the City's Board of Public Works and Safety.
IN WITNESS WHEREOF, each of the parties hereto has signed this Agreement on the
date next to that party's signature.
CITY OF CARMEL, INDIANA, by and CHAD J. GRAY AND LAURA E. GRAY
through its Board of Public Works and Safety (the "Grays
(the "City
BY: BY:
ames Brainard, Presiding Officer Ch 4 ra
Date: Date:
l
Mary A Burke, Member Laura E. Gray
Date: 9 Date: A 3-(� I
Lori W on, Member
Date:
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STATE OF INDIANA
SS:
COUNTY OF f} A r I J0 ,t
Before me, a Notary Public in and for said County and State, personally appeared Chad J.
and Laura E. Gray, husband and wife, by me known to be the individuals who executed the
foregoing Agreement in the capacity therein stated.
Witness my hand and Notarial Seal this 3 X A day of R r I 2009.
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Reside
,qTAR
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e" e �18Ai ,.!4, a �P v
e
STATE OF INDIANA
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke and Lori Watson b y me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Dia Clerk- Treasurer of the City of
Carmel, Indiana, who acknowledged the execution of the foregoing Agreement on behalf of the
City of Carmel, Indiana.
Witness my hand and Notarial Seal this tk�) day of 2009.
L�-
NOTA PUBLIC
My Commission Expires: Printed Name
My County of Residen c-le:
This instrument prepared by Douglas C. Raney Attorney at Law, one Civic Square, Carmel, Indiana 46032
1 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each social security number in this document,
unless required by law. Lisa Kempa, Carmel Utilities, 760 Third Avenue SW,. Carmel, N 46032.
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Prescribed by State Board Accounts ACCOUNTS PAYABLE VOUCHER
Form �;o. 301 -5 (Rev. 7995)
TO
ADDRESS
Invoice Date Invoice Number Item Amount
I 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 except
19
Signature Title
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.
19
r Title
Voucher No. Warrant No.
ACCOUNTS PAYABLE DETAILED ACCOUNTS
SANITATION DEPARTMENT ACCT.
CARMEL, INDIANA
h v of
2� 2 /eechd�NT Q
C�,Q,iitP( �N �r�6�33
Total Amount of Voucher
Deductions
0
Ul. 5 p,ol
Amount of Warrant 3
Month of 19
Acct.
VOUCHER RECORD No.
Collection System
Operation
Plant
Commercial
General
Undistributed
Construction
Depreciation Reserve
Stock Accounts Merchandise
Total
Allowed
Board Members
Filed
BOYCE FORMS SYSTEMS 1 -800- 382 -B7O2 325