169932 03/18/2009 CITY OF CARMEL, INDIANA VENDOR: 00351572 Page 1 of 1
ONE CIVIC SQUARE THOMAS L AND LINDA HARLEMAN CHECK AMOUNT; $5,000.00
's!a CARMEL, INDIANA 46032
CHECK NUMBER: 169932
CHECK DATE: 3/18/2009
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1180 4358400 5,000.00 REFUNDS AWARDS INDE
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the "Settlement Agreement is made and
entered into this 11th day of February, 2009, by and between Thomas L. Harleman and Linda J.
Harleman (collectively, the "Harlemans and the City of Carmel "Carmel
Recitals
1. Carmel is a municipality duly organized and existing pursuant to the laws of the
State of Indiana.
2. The Harlemans own certain real estate located in Section 1, Township 17 North,
Range 3 East in Clay Township in Hamilton County, Indiana.
3. Carmel has converted the former Monon Railway into a linear park from 96
Street to 146 Street, which provides both a multi -use recreational trail and greenway for use by
the general public (the "Monon Trail
4. When acquiring the real estate to build the Monon Trail, Carmel and the
Harlemans entered into a Quiticlaim Deed, Landscape Easement, and Covenants (the
"Covenants dated July 13, 2000 and recorded as Instrument No. 200000046064.
5. The Harlemans claim that Carmel has breached the Covenants, and Carmel
disputes the Harlemans' claim. As a result, on or about June 16, 2003, the Harlemans filed a
Complaint to Enforce Settlement Agreement and Request for Injunctive Relief against Carmel,
which lawsuit was captioned Thomas L. Harleman and Linda J. Harleman v. City of Carmel
Cause No. 29D02- 0306 -CT -478 (which was later transferred to Cause No. 29D05- 0312 -CT-
1935) (the "Lawsuit
6. After consulting with their legal counsel, the Harlemans and Carmel have agreed
to resolve all of their disputes concerning the Monon Trail, the Covenants, and the Lawsuit
without the expense, uncertainty, and necessity of additional litigation, to buy their peace without
admitting any liability, and to settle all possible claims therein on the basis hereinafter stated.
NOW THEREFORE, in consideration of the promises and covenants expressed herein,
the Harlemans and Carmel represent and agree as follows:
1. Settlement Terms. In consideration of the sum of Five Thousand Dollars and No
Cents ($5,000.00) paid by or on behalf of Carmel and in accordance with the terms of this
Settlement Agreement, the Harlemans shall (a) execute this Settlement Agreement, (b) dismiss
the Lawsuit with prejudice, and (c) execute a First Amended and Restated Quitclaim Deed,
Landscape Easement and Covenants in the form attached hereto as Exhibit A
2. Outstanding Claims. The Harlemans and Carmel hereby represent that they
know of no claims, rights, demands, or causes of action which they have or may have against
each other or each others agents, employees, officers, directors, attorneys, representatives,
insurers, successors, or assigns arising out of or relating to the Monon Trail, the Covenants, or
the Lawsuit other than those claims, rights, demands, or causes of action which are being
released and discharged pursuant to this Settlement Agreement,
3. Continuing Cooperation. To the extent questions, concerns, or disputes develop
concerning the real estate quitclaimed pursuant to the First Amended and Restated Quitclaim
Deed, Landscape Easement and Covenants attached hereto as Exhibit A or the intent of the
Harlemans and Carmel under the terms of this Settlement Agreement, then Harlemans and
Carmel shall cooperate to resolve the same in a prompt manner. Where appropriate, the
Harlemans and Carmel shall agree upon and execute additional documentation necessary to
resolve any such questions, concerns, or disputes.
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4. No Admission Of Liability. By entering into this Settlement Agreement, the
Harlemans and Carmel understand and agree that they are compromising disputed claims set
forth in the Lawsuit and are not admitting any liability.
5. Dismissal of Lawsuit, With Prejudice. As soon as all of the covenants and
conditions of this Release have been satisfied, the Harlemans will file the appropriate papers in
the Hamilton County Superior Court to dismiss the Lawsuit, with prejudice.
6. Attorneys' Fees and Costs. The Harlemans and Carmel shall bear their own
attorneys' fees and costs incurred and associated with the Lawsuit.
7. Entire Agreement. This Settlement Agreement contains and embodies the entire
agreement and understanding between the parties hereto and supersedes all prior agreements and
understandings, oral or written, relating to the subject matter of this Settlement Agreement. No
modification or waiver of the terms and conditions contained herein shall be of any force and
effect unless such modification or waiver shall be in writing and signed by the Harlemans and
Carmel or their agents, representatives, successors, or assigns.
8. Severability. If any term or provision of this Settlement Agreement shall be
deemed to be prohibited, invalid or unenforceable in any jurisdiction, such a provision shall be
deemed ineffective only to the extent of such prohibition or unenforceability and without
invalidating the remaining provisions hereof or affecting the validity or enforceability of the
same, and all such remaining terms and provisions shall remain in full force and effect.
9. Governing Law and Jurisdiction. This Settlement Agreement shall be governed
by and construed in accordance with the laws of the State of Indiana. Jurisdiction for any dispute
concerning this Settlement Agreement shall be in the Circuit or Superior Court of Hamilton
County, Indiana.
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10. Acknowledgment. This Settlement Agreement is the result of negotiations, and
no particular person(s) or entity(ies) shall be deemed to be the drafter of this Settlement
Agreement: By signing this Settlement Agreement, the Harlemans and Carmel represent and
warrant that: (a) they are authorized to enter into and execute this Settlement Agreement; (b) the
information furnished in this Settlement Agreement is true and accurate; (c) they have read this
entire Settlement Agreement; (d) they understand the terms and conditions of this Settlement
Agreement as well as the consequences of entering into this Settlement Agreement; (e) they have
knowingly and voluntarily entered into this Settlement Agreement; (f) they have been
represented by an attorney in connection with entering into this Settlement Agreement; and (g)
this Settlement Agreement shall inure to the benefit of and be binding upon the Harlemans and
Carmel and their agents, representatives, insurers, successors, or assigns.
Thomas L. Harleman and Linda J. Harleman
'A' C/I
Thomas L. Harleman
Zinda J eman
SX 4
Tonn tore
110 1NGSWOR H, SEVER, STOREY, ZiVITZ, P.C.
42 N. Rangeli e Road
i ianapolis, 46032
Attorneys for Thomas L. Harleman and Linda J. Harleman
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The City of Carmel
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Name Printed:
Title: CI, M, r *t►tF,c
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Alan S. Townsend
BosE MCK INNEY EVANS LLP
111 Monument Circle, Suite 2700
Indianapolis, IN 46204
Attorneys for the City of Carmel
1307923
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INDIANA RETAIL TAX EXEMPT PAGE
C a el CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER
r! FEDERAL EXCISE TAX EXEMPT
p` 35- 60000972
ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES, A1P
CARMEL, INDIANA 46032 -2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE.
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
3/0
VENDOR
SHIP
TO
CONFIRMATION BLANKET CONTRACT PAYMENTTERMS FREIGHT
OUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE, EXTENSION
00 .6
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Send Invoice To:
1�
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT AMOUNT
�/fd PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE APART 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,
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE 0�
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
p�
;�..t CLERK TREASURER
DOCUMENT CONTROL NO L A. P. COPY SIGN AND RETURN TO CLERK OFFI
VOUCHER NO._ ,WARW NT NO._
ALLOWED 20
IN THE SUM OF
DO®.
4)toav� �q a&zzd
O N ACCOUNT OF APPF46PRIATION FOR
Board Members
PO# or INVOICE NO. ACCT# /TITLE AMOUNT
I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
Of7� S ODD d materials or services itemized thereon for
which charge is made were ordered and
received except
20 -0(7
nature
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund
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