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Home My WebLink About211439 07/31/2012 CITY OF CARMEL, INDIANA VENDOR: 353834 Page 1 of 1 ONE CIVIC SQUARE FRANK KELLS REGAN CHECK AMOUNT: $2,301.12 _� CARMEL, INDIANA 46032 CHECK NUMBER: 211439 CHECK DATE: 7/31/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 4462000 2, 301 . 12 TAXES SETTLEMENT AGREEMENT AND RELEASE 1 This Settlement Agreement and Release (the "Settlement Agreement") is executed by and between Frank K. Regan, an adult individual("Regan")and the City of Carmel, Indiana(the"City"). RECITALS The City is a municipality duly organized and existing pursuant to the laws of the State of Indiana. 2. On July 21, 2003, the City and Regan entered into a Conditional Settlement Agreement (which Conditional Settlement Agreement has been subsequently amended). 3. Pursuant to the Conditional Settlement Agreement the City, inter alia, was to purchase certain real estate near 136 ' Street and Illinois Street,Carmel, Hamilton County, Indiana(the"Property") from Regan. 4. The Property included Tax Parcel No. 17-09-25-00-00-001.000 and a portion of Tax Parcel 17-09-26-00-00-003.000. 5. The City purchased the Property on September 13, 2007 and received three (3) separate deeds(collectively,the"Deeds")pertaining to the Property. 6. Regan received full payment from the City for the Property. 7. Two of the Deeds were recorded on February 13, 2009 and one of the Deeds was recorded on August 13,2010(the"2010 Deed"). 8. During the time between the City's purchase of the Property and the recording; of the Deeds,real estate taxes continued to accrue against the Property. 9. Regan paid that portion of the real estate taxes that had accrued against that portion of the Property which was part of Tax Parcel No. 17-09-26-00-00-003.000. Regan did not pay that portion of the real estate taxes that had accrued against that portion of the Property which was part of Tax Parcel No. 17-09-25-00-00-001.000. 10. Regan and the City previously resolved the real estate taxes applicable to the Property for tax years 2007, 2008 and 2009(the"Prior Taxes"). Regan received from the City the sum of Thirty-Two Thousand Two Hundred 41.100 Dollars ($32,204.41) as reimbursement for the Prior Taxes. Other than with respect to the Remaining Property as provided herein, no further prorations, payments or adjustments of real estate taxes for the Property are necessary and the Property has been removed from Tax Parcel No. 17-09-26-00-00-003.000. 11. A portion of the Property, being .915 acres (the "Remaining Property"), which is owned by the City pursuant to the 2010 Deed, is included in Tax Parcel No. 17-09-26-00-00-003.000 for the tax year 2010 due and payable 2011. Accordingly,there are real estate taxes due for the Remaining Property for the tax year 2010,due and payable 2011 (the"2010 Taxes"). I2. For the tax year 2011 pay 2012, the Remaining Property has been removed from Tax Parcel No. 17-09-00-00-003.000 and no further prorations, payments or adjustments of real estate taxes for the Remaining Property shall be necessary. 13. Regan and the City desire to resolve any and all disputes associated with the recording of the Deeds for the Property and the payment of the Prior Taxes and the 2010 Taxes. 14. The City and Regan enter into this Settlement Agreement solely to avoid the expense and uncertainty of litigation of the dispute over the recording of the Deeds, payment of the Prior Taxes and the 2010 Taxes. The execution of this Settit-ment Agreement shall not constitute or be construed as admission of liability by the City for any purpose whatsoever, nor shall it operate as a precedent for the resolution of any other claim, dispute,or lawsuit. AGREEMENT NOW THEREFORE, in consideration of the promises and covenants expressed herein, the City and Regan represent and agree as follows: 1. The City shall process payment to Regan of the sum of Two Thousand Three Hundred One and 12/100 Dollars ($2,301.12) upon the execution of this Settlement Agreement as full and complete satisfaction of any claim or demand by Regan regarding the payment of the 2010 Takes. 1. The City has paid Regan the sum of Thirty-Two Thousand Two Hundred 41.100 Dollars ($32,204.41)as full and complete reimbursement for Regan's payment of the Prior Taxes from the date of the Deeds through the date of this Settlement Agreement. Other than payment for the 2010 Taxes as provided herein, the City has no further obligation for the Prior Taxes. 2. Regan has paid all real estate taxes for the Property due and payable through May, 2011, other than penalties, interest and late fees associated with the late payment of the May, 2011 installment. On or before November 10, 2011, Regan shall timely pay all real estate taxes for the Remaining Property, and all penalties, interest, and/or late fees, which have accrued with respect to Tax Parcel No. 17-00-26- 00-00-003.000 and/or the Remaining Property. Regan shall deliver to the City on or before November 10,2011, evidence reasonably satisfactory to the City, of the timely payment of the 2010 Taxes and of all penalties, interest, late fees and/or other charges. 3. Regan hereby agrees to indemnify, defend and hold harmless the City from and against any and all loss, liability, claim, damage, cost and expense, including without limitation, attorneys' fees, incurred in connection with or as a result of any failure by Regan to pay the 2010 Taxes, including interest,penalties, late fees and/or other charges, as provided herein. 4. In the event Regan fails to timely pay the 2010 Taxes, including interest, penalties, fees and or other charges as provided herein, in addition to any other right or remedy available at law or in equity, the City shall be entitled to pay the 2010 Taxes and recover from Regan (i) the amount paid to Regan under this Settlement Agreement, (ii)the amount the City pays to Hamilton County for the 2010 Taxes, including all penalties, interest, late fees and/or other charges, and (iii) the amount of all other losses, damages, costs and expenses, including without limitation, reasonable attorneys' fees, incurred in connection therewith. 5. The parties, on behalf of themselves and their respective heirs, representatives, agents, successors and assigns hereby release and forever discharge each other party hereto from any and all claims, demands, indebtedness, action and causes of action, whether accrued or unaccrued, known or unknown, arising on or before the date on which the last of the parties hereto executes this Settlement Agreement, that pertain to,are on account of,arise out of or are in any way connected with the recording of the Deeds, the payment of the Prior Taxes or the 2010 Taxes, the claims of damage related thereto and/or are otherwise connected with the subject matter hereof. 6. This Settlement Agreement represents the entire agreement by and between the parties hereto, there are no other written or oral agreements between the parties, and no promise, enticement or agreement not herein expressed has been made. 7. This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Indiana 8. No waiver, modification or amendment of any term, condition, or provision of this Settlement Agreement shall be valid or have any force or effect unless made in writing and signed by all parties to this Settlement Agreement_ 9. Regan and the City execute this Settlement Agreement upon their own volition, individual judgment, belief, and knowledge. All parties acknowledge that they have been represented or have been given the opportunity to be represented by counsel of their own choosing in the negotiations of the terms of this Settlement Agreement and in the review of this document. 10_ The Recitals set forth in this document are not mere recitals but integral to the Settlement Agreement and material to the agreement of the parties to enter into the same. IN WITNESS WIWREOF,the parties have caused this Settlement Agreement to be executed this I day of ,201 L 1'a. CITY OF CARMIEL: Frank K. man Bv�""' Printed: 'T (> C•• w� Title: Ct�"1`y A,-tr,-OA.A.Le- S� 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 service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Frank Regan Purchase Order No. 12223 Castle Ct Terms Carmel, IN 46033 Date Due Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s) Amount 4/18/2012 0 Settlement Agreement for taxes $ 2,301.12 Total $ 2,301.12 1 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. ,20 Clerk-Treasurer VOUCHER NO WARRANT NO. Frank Regan ALLOWED 20 12223 Castle Ct IN SUM OF $ Carmel, IN 46033 $ 2,301.12 ON ACCOUNT OF APPROPRIATION FOR Board Members PO#or INVOICE NO. ACCT#/TITLE AMOUNT DEPT# I hereby certify that the attached invoice(s), or 0 0 2200-4462000 2301.12 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 :&Z&& / 7/30/2012 Signature City Engineer Cost Distribution ledger classification if Title claim paid motor vehicle highway fund