HomeMy WebLinkAboutSettlement Agreement/Mazdai, Dean/Julie Vca� I
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SETTLEMENT AND RELEASE AGREEMENT 4 0b
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THIS SETTLEMENT AND RELEASE AGREEMENT ("Agreement"), is hereby entered into
by and between Mr. Dean Mazdai and Mrs. Julie Mazdai; husband and wife, who reside at 1054 Churchill
Court, Indianapolis, Indiana, (individually and jointly, the "Claimant"), and the City of Carmel, Indiana
("City").
WITNESSETH :
WHEREAS, Claimant has: (a) made a claim against the City for certain damage that was
allegedly done to the Claimant's water lines, located at or about 1054 Churchill Court, Indianapolis,
Indiana, during the City's flushing of water line 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 Six Thousand Dollars($6,000.00) (the"Release Payment").
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
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.
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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.
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.
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INTEGRITY AUTOMOTIVE, Dean S. Mazdai and Julie Mazdai,
An Indiana Corporation husband and wife
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By j ' sag-
(authorized signature) Dean S. Mazd.'
Date: / — 3 / - /3
Last four digits of SSN 9 60 s
(Printed Name and Title)
Date: Julie Mazdai
Date:
Last four digits of SSN
/
Approved and Adopted this / day of 27( 'co101 , 2013_.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date: �.
it✓
ary • Burke, Member
Date: 3 -‘-43
Lori S. Wat n, M bar
Date: 37&//3
ATTEST: J Sandra M.Johnson,
./� 0/ �• Deputy Clerk for
Diana ordray, IMCA, Clerk-Tr asurer
Date: 9—(9- / •
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