Closing Documents Illinois Street - Greg Small Administrative Settlements (2 docs)•
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ADMINISTRATIVE SETTLEMENT
THIS ADISTRATIVE SETTLEMENT AGREEMENT ("Agreement') is
executed as of the 2» TM day ofJuly, 2006, by the City of Carmel, Indiana
(the "City"), by the City of Carmel Engineer and Meridian Park. L.P
WHEREAS, the City, in connection with the extension of
Illinois Street north of 116i6 Street, Hamilton County, Indiana, filed an eminent
domain action in Hamilton County Superior Court 1 against Meridian Park
(Cause No.29D01- 0601 -MI -028) ("Litigation");
WHEREAS; the City and Meridian Park have met and have
agreed to settle the above described Litigation pursuant to the terms of this
Agreement.
NOW. THEREFORE, in consideration of the mutual covenants,
promises, and agreements contained herein, the parties hereto agree as follows:
Section 1. Payment. The City shall pay the Meridian Park the amount of
$210,200. Such payment will be made on or before September 1.2006
Section 2. Litization: The parties will dismiss, with prejudice, the above
captioned litigation costs paid.
Section 3. Quitclaim Deed: The Meridian Park shall provide City with a
quitclaim deed, In addition, appropriate W9's will be sent to the City and the
Meridian Park shall obtain a release of lien from Home Federal Savings Bank.
Meridian Park acknowledges that the City may enter on to their property in order
to begin construction of the roadway extension.
Section 4: Miscellaneous:
a) The parties agree that this Agreement constitutes the entire
agreement between them, and that such Agreement may only
he modified by written agreement of the parties.
b) This Agreement may be signed in counterparts. each of
which shall he deemed to be an original but all of which shall
constitute one agreement.
c) This Agreement shall be governed, construed and enforced
in accordance with the laws of the State of Indiana, without
regard to its conflict of law provisions
d) Unless otherwise specified, and notices, demands or other
communications required or permitted hereunder shall be in
writing and be deemed to have been duly given if mailed by
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bOLS-SLS-LIE XHd 13C83SH1 dH WHED:oI 9002 02 InC
If to the City
If to the:
registered or certified mail, return receipt requested, addressed
as follows:
Mr. Michael McBride
City of Carmel
Engineering Office
One Civic Square
Cannel, IN 46032
Meridian Park, L.P.
C!O Stephen Backer, Esq.
8710 North Meridian Street
Indianapolis, LN 46260
e) In the event of any litigation to enforce the terns of the
Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and costs.
f) This Agreement shall be binding upon and shall insure to the
benefits of the City and the Pahuds and their respective
successors and assigns.
g) All parties shall comply with all applicable statutes, laws,
ordinances, regulations, orders, decrees and rules of all
governmental authorities in satisfying their obligations under
this Agreement
h) No failure on the part of the non -breaching party to enforce
the terms of the Agreement in the event of a breach hereof
shall be construed as a waiver of such breach or as a waiver of
future breaches. In the event that the non -breaching party
waives a particular breach, such waiver shall not be deemed to
be a waiver of any other breaches.
i) All of the recitals set forth above are incorporated herein by
this reference.
j) This Agreement does not create any agency or employment
relationship. partnership, joint venture or co -venture between
City and the Pahuds.
k) Each of the parties agrees that, in its respective deaiines
with each other arising out of or relating to this Agreement
(including any negotiations), it has and shall act fairly and in
good faith.
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ADMINISTRATIVE SETTLEMENT
TIIIS ADMINISTRATIVE SETTLEMENT AGREEMENT("Agreement") is
executed as of the _ (o day of July, 2006, by the City of
Carmel, Indiana (the "City"), by the City of Carmel Engineer and Greg M. Small
("Small").
WHEREAS, the City, in connection with the extension of
Illinois Street north of 116th Street, Hamilton County, Indiana, filed an eminent
domain action in Hamilton County Superior Court 1 against Small (Cause
No.29D01- 0601 -MI -027) ("Litigation");
WHEREAS: the City and Small have inet and have agreed to
settle the above described Litigation pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and agmements contained herein, the parties hereto agree as follows:
Section 1. Payment. The City shall pay the Small the amount of Four Hundred
Fifty Thousand Dollars ($450,000) no later than August I, 2006.
Section 2. Roadway Construction. The City, at its expense, will grade Small
real estate located east of the new brick wall that Small is constructing. Such
grading will be designed to allow water to drain from the brick wall to the new
road's drainage system. The City will seed such area after grading is completed.
In addition, the City will attempt to preserve the groups of trees located in such
area between the new brick wall and the new road's right of way at the northern
most portion thereof near Pahud property. Small acknowledges that such trees
may not survive the construction of the new road; in such event, Small will not
have any claim against City. Small will be responsible for any maintenance and
cutting etc., of the new grass parcel.
Section 3. Litigation: The parties will dismiss, with prejudice, the above
captioned litigation costs paid.
Section 4. Quitclaim Deed: The Small shall provide City with a quitclaim deed.
In addition, appropriate W9's will be sent to the City and the Small shall obtain a
release of lien in respect of any mortgages on the conveyed property. Small
acknowledges that the City may enter an to their property in order to begin
construction of the roadway extension.
Section 5: Drainage Easement, Repairs. The City agrees that the storm water
drainage pipe to be installed within the storm water drainage easement running
east and west on Lot 9 shall be subterranean and not exposed to the surface.
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Section 6. Miscellaneous_
a) Unless otherwise specified, notices, demands or other
communications required or permitted hereunder shall be in writing
and be deemed to have been duly given if mailed by registered or
certified mail, return receipt requested, addressed as follows:
if to the City: Mr. Michael McBride
City of Carmel
Engineering Office
One Civic Square
Carmel, IN 46032
If to Small:
Mr. Greg Small
12441 Crcekwood Lane
Carmel, IN 46032
b) The parties agree that this Agreement constitutes the entire
agreement between them, and that such Agreement may only be
modified by written agreement of the parties.
c) This Agreement may be signed in counterparts, each of which
shall be deemed to be an original but all of which shall constitute
one agreement.
d) This Agreement shall be governed, construed and enforced in
accordance with the laws of the State of Indiana, without regard to
its conflict of law provision.
e) In the event of any litigation to enforce the terms of the
Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and costs.
f) This Agreement shall be binding upon and shall insure to the
benefit of the City and Small and his respective successors and
assigns.
g) All parties shall comply with all applicable statutes, laws,
ordinances, regulations, orders, decrees and rules of all
governmental authorities in satisfying their obligations under this
Agreement.
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h) No failure on the part of the non -breaching party to enforce the
terms of the Agreement in the event of a breach hereof shall be
construed as a waiver of such breach or as a waiver of future
breaches. In the event that the non -breaching party waives a
particular breach, such waiver shall not be deemed to be a waiver of
any other breaches.
i) All of the recitals set forth above are incorporated herein by this
reference.
j) This Agreement does not create any agency or employment
relationship, partnership, joint venture or co -venture between City
and Small
k) Each of the parties agrees that, in its respective dealings with
each other arising out of or relating to this Agreement (including
any negotiations), it has and shall act fairly and in good faith.
CITY OF CARMEL
27 -7 -
Michael T..McBride
, 2/
5- . _ M
Greg M. triall
Jow 7, 2C06
Date
-1 ld 14 f co -6
Date
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