Release of all Claims/Fanning
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of all Claims ("Agreement") is entered
into by and between Robert A. Fanning and Karen 0. Fanning, husband and wife, with an
address of 4881 Deer Ridge Drive South, Carmel, Indiana 46033 (jointly and
individually, the "Releasors") and the City of Carmel, Indiana, by and through its Board
of Public Works and Safety, with an address of One Civic Square, Carmel, Indiana 46032
(the "City"), with reference to the following:
RECITALS
A. On or about April 12, 1996, Releasor filed with the City a Notice of Tort
Claim, alleging therein damage to Releasor's driveway and yard located at
4881 Deer Ridge Drive South, Carmel, Indiana (the "Damage"):
B. City denies any liability to Releasors or anyone else for or on account of
the Damage.
C. Releasors and City have entered intonegotiations and have now agreed to
fully resolve their differences as regards the Damage under and pursuant to
the terms and conditions' herein contained (collectively, the "Settlement
Terms"):
NOW, THEREFORE, in consideration of the _mutual covenants, promises, terms
and conditions set forth herein, Releasors and City agree as follows:
1. The foregoing Recitals are hereby incorporated into this Agreement and
made a part hereof.
2. Releasors, individually and jointly, on behalf of themselves and their
respective spouses, family, agents, heirs, administrators, 'personal
representatives, executors, successors and assigns, and in consideration of
a total sum of three hundred ninety five dollars ($395.00) paid to
Releasors by City, receipt of which is hereby acknowledged, hereby fully
and forever release, discharge and agree to hold haimless City, its
successors, assigns, officers, officials, employees, attorneys, contractors
and agents from any and all claims and causes of action whatsoever
pertaining or relating to any error, discrepancy, damage and/or injury
whatsoever, whether known or unknown, which has, may have been or
may be incurred, raised or sustained by Releasors that consists of, arises
out of or is related to the Damage. This release is for any and all relief, no
matter how denominated.
3. Releasors covenant and certify that they have not assigned or otherwise
transferred to any'.other person or entity any, of their. rights or claims as
regards the-Damage.'
"
4. This Agreement pertains to several disputed issues arising from the
Damage and does not constitute an admission of fault or liability on the
part of either party hereto to the other or to anyone else as to the Damage
or any other matter whatsoever.
5. Should any party breach or otherwise fail to comply with the-terms and
provisions of this Agreement, the prevailing party in any such dispute
shall be entitled to recover, in addition to any and all other appropriate
relief, all costs arising therefrom, including, but not limited to, attorney
fees.
6. This Agreement shall be construed according to the laws of the State of
Indiana, except for its conflict of laws provisions.
7. This Agreement constitutes and contains the entire agreement between the
parties concerning the transactions contemplated herein and supersedes all
prior negotiations, agreements and understandings, if any, between the
parties.
8. Releasors acknowledge and represent that they have read and fully
understand each and every term and condition of this Agreement, and that
their execution of this Agreement is free and voluntary and undertaken after
full opportunity to consult with individual legal counsel thereon.
9. Releasors acknowledge and represent that, in executing this Agreement,
they have not relied upon any inducements, promises or representations
made by the City or any party representing or serving the City.
10. This Agreement may be used as evidence in a subsequent proceeding in
which any of the parties allege a breach hereof.
11. Each party hereto shall pay its own costs and attorney fees.
12. In the event any provision of this Agreement is deemed to be invalid or
unenforceable by any court or administrative agency, the Agreement shall
be deemed to be restricted in scope or otherwise modified to the extent
necessary to render the same valid and enforceable, or, in the event that
any provision of this Agreement cannot be modified or restricted so as to
be valid and enforceable, then the same shall be deemed excised from the
Agreement, and same shall be construed and enforced as if such provision
had originally been incorporated therein as so restricted or modified or as
if such provision had not originally been contained therein, as the case
may be.
13. This Agreement may be executed in one or more counterparts, each of
which shall constitute an original.
14. This Agreement shall become effective as of the last date a party hereto
executes same.
RELEASORS:
r
I?alaQr ?''y • rocv? ti t ?4
ted Name of Releasor
Signature of Releasor
Date I5t ( 5"
14(0' Y e.H O. Fa.K K t w?
Printed Name of Releasor
4yQl,?J' O. '? ,t?
Signature of Releasor
D e: ?- IClt (C'Ig7
City of Carmel, by and through its Board of
of Public Works and Safety ("City"):
BYAam,s'Br ainad, Mayor
Date: Z4j
By:
Ma Bur e, ,ember
Date:
By:
2L--
B
Walker; Member
Date:_
ATTEST:
J
Diana L. Cordray, Clerk-Treasu
Date: 9- .5-gl
State of Indiana
County of Hamilton
1'.I Y ll C . lU?? 4 a Notary Public in and for the County aforesaid, in the State
of Indiana,do hereby certify that ?602Xk v?Y?1 and
W PS l `rid both with an address of 22?'?eeY qQ?r. S. [the
Releasors], whose n es are signed to the foregoing Instrument bearing date of the 1?
day of (A ?Gas?- 19 C1- , this day acknowledged the same before me in the
County aforesaid.`-"
Given under my hand this 1 Cl ' day of
Notary P "b is
My commission expires:
My county of residence: LIOL' ? M