HomeMy WebLinkAboutSettlement Agreement/$5000/City of Carmel and Siccardi/jim and Anita SETTLEMENT AGREEMENT AND RELEASE
This Agreement, executed on the W day of February 2013, by and between Jim and Anita
Siccardi (hereinafter referred to as the "Siccardi's") and the City of Carmel, Indiana, (hereinafter
referred to as the "City");
In consideration of the covenants, mutual agreements, releases, payments, terms, and conditions
hereinafter set forth,the parties hereby agree as follows:
1. The Siccardi's hereby release and forever discharge the City and its officers, agents,
servants, representatives, employees,boards, predecessors and successors in interest, and assigns,and all
other persons, firms, or boards with whom any of the former have been, or now or hereafter may be
affiliated, of and from any and all past, present, or future claims, demands, obligations, actions, causes of
action, wrongs, rights, damages, costs, expenses and compensation of any nature whatsoever, and
whether for compensatory or punitive damages, and/or attorney fees, which the Siccardi's now have, or
which may hereafter accrue or otherwise be acquired, on account of, or in any way arising out of, or in
any manner connected with, the drainage problem at the southeast corner of the Siccardi property
immediately adjacent to the right of way of 116th Street that is speculated to have resulted from the
reconstruction and widening of 116th Street in Carmel, Indiana, occurring on or around the construction
season of 2006, including, without limitation, any and all known or unknown claims for compensatory,
punitive,or other damages.
2. In consideration of the release set forth above, the City hereby agrees to pay the sum of five
thousand dollars ($5,000.00). This payment takes into account and includes consideration for the
Siccardi's acceptance of the water pump described in Exhibit A, which is hereby attached and
incorporated within this Agreement, as well as all related equipment and construction, including but not
limited to the water collection pit and electrical equipment and service system, all of which has already
been provided and installed for the Siccardi's by the City. The Siccardi's hereby agree to continually own
and maintain the water pump and related equipment, including replacement if required, and to provide
electrical service for the water pump installed by the City. The Siccardi's further acknowledge and agree
that the City will have no additional responsibility or liability in maintaining the installed pump and its
related electrical system and service.
3. The Siccardi's agree that the sum of five thousand dollars ($5,000.00) referenced in
Paragraph 2 will be used to purchase landscape materials from TMT Nursery.
4. Each party hereby declares, acknowledges, and represents that the City has not admitted
liability to the Siccardi's, that the City continues to deny any such liability to the Siccardi's, and that the
payments, provisions, and specifications included herein are for purposes of resolving disputed claims,
and for no other purpose whatsoever.
5. It is understood and agreed that the City, by entering into this agreement and making the
payment noted above, does not admit any negligence or wrongdoing.
6. The Siccardi's represent that by executing this settlement agreement and release, they fully
rely upon their own judgment and/or the advice of their attorney, and that they do not rely upon any
representations or advice from any other person or persons whomsoever, and in particular, that they do
not rely upon any representations or advice received from the City, its agents, employees, or attorneys.
7. This Agreement constitutes the entire agreement by and between the parties and may not
be modified or amended unless in writing and executed by the parties hereto. There are no oral
representations to the contrary.
8. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, executors, administrators,successors, and assigns.
9. This Agreement shall be construed under, and in accordance with, the laws of the State of
Indiana. If any portion of this Agreement is deemed to be null, void, or inoperative for any reason, that
portion is severable, and the remaining portions are to remain in full force and effect.
10. The parties agree that this Agreement is solely for the purposes of settlement, and it does
not constitute and shall not be construed as being an admission of any sort on the part of either of the
parties hereto.
11. This Agreement constitutes a complete understanding between the parties. No other
promises or agreements shall be binding unless signed by these parties.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals.
CITY OF CARMEL, INDIANA JAMES AND ANITA SICCARDI
by and through its Board of Public
Works and Safety /
By: atie4-e7e------; B
Ja /es Brainard, Presiding Officer Jame. Siccardi
Date: d .. 4 -y.3
/ i Printed Name Jj.
Mary . n Burke M4-1 �er n
Anita Siccardi
f
Lori\ . W n, Member An 11a.. St CCa tiCi
,
Date: 07-16_,/t 3 Printed Name
ATTEST: Date: (./ /% g/,.Z& / 3
I. ._it, _l;la I-,
,Diana Cordray C, Clerk-Treasurer
Date: c6? 123
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