02-132; ;� ; � � �, . � Council File # O 13t�
,_ iti�_ `_.�
- �— ' ; , .. . `i t�.
Green Sheet # �OQ�S�
RESOLUTION
GITY OF SAINT PAUL, MINNESOTA �3
n . .
Presented By
Referred To
Committee: Date
\
1 Be it resolved that upon proper execution and delivery of a full and final release of all claims
2 from Amanda Fatima Lynn Dauda, a minor, and her attomeys, Milavetz, Gallop, and
3 Milavetz, related to an incident that occurred on 7uly 28, 1997 the proper City officials are
4 hereby authorized and directed to pay from the Tort L'aability Fund 09081-0511, the total of
5 $35,000.00 which shall be paid as follows:
6 $17,738.37 to Milavetz, Gallop & Milavetz, as attorneys for Amanda Fatima Lynn Dauda
7 $17,261.63 to the Canada Life Insurance Company of America for purchase of an annuity
8 which will make future payments to Ms. Dauda. Such City officials are hereby authorized to
9 sign any documents related to such settlement.
10
11
12
13
14
15
16
17
APPROVED as to the amount of the settlement by the City. This approvai does not extend to
approving the disbursement of funds to the minor child or to approve the appointment of a
guardian. ad litem, for which approval is specifically being obtained from another Court by the
minor's attorneys, Milavetz, Gallop & Milavetz. This court approval will be obtained prior to
the 'sbursement of any City funds.:
/
dge of District aurt
( 3 ( D 2---
Date
Requested hy Department of:
Adopted by Council: Date ���0 O'-. Foim
Certified by Council Secretary Sy:
I'•.a�
Date
Mayoz for
�
Approval Recommended hy Financial Services Diiector:
BY ' --- `�e��� /�`��^!�G
01 /29/02
GREEN SHEET
0 �-11�.
No 10�152
cr'axt�r owenae
Pebmary 13, 2002
TOTAL # OF SIGNATURE PAGES t
rnvcaMCa
p1YAi1Cp1EY a dtYCIiMI
nuxc4LaaMCESOw. ❑�wrrJN.mWqecto„
M ���� ❑5 Risk Management
(CL1P ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling the autstanding hodily injury claim of Ama�da Fatima Ly�n Dauda, a minor, against the City of Saint
Paul for a total amount of 535,000.00.
PLANNING COMMISSION
CIB CAMMITTEE
CIVIL SERVICE COMMISSION
rlae thie a�«irt'rm eve..�orimd under a wntraa rwurie aepamnenn
VES NO
HasMis cenoMl�m rm heen a city empbyee4
YES NO
Ooes tl�ic P�� O�s a sldll not noimel�YP� bY anY curreM dtY �PbYee?
YES N6
Is mia pe�sanlfirm a taroeted vendoR
YE$ NO
9ain aN vesan���ers on seoarote aheet and altach to aresn slfeet
On July 28, 1997, Amanda Fatima Lynn Dauda, a minor, was bit by a canine in the home of Saint Paul Police Officer James
Decowski. Ms Dauda sustained personal injuries as a resuk of this dog bite. A settlemeM hal3been reached between Ms. Dauda's
family and their attorneys, Milavetz, Gallop & Milavetz, wherein a portion of the settlement will be paid to Ms. Dauda's attorneys
and the balance of the settlement amount wili be paid into an annuity which will proviAe future payments to Ms. Dauda at
designated periods: Milavetz, Gallop & Milavetz is concurrently getting the courts to appoi�t a g�ardian for Ms. Dauda for the
purpose of the annuity purchase.
NPNTA�ESIFAPPROVEQ . - ,
This claim will be settled and tfie City's exposure will be capped.
None
claim wouid not Be settled and cauld resuft in more exposures artd higher costs ta the City.
AMOUN'I' OF TRANSACTWN
35.000
GL 001
���_
COST/RE1(ENUE BUD6Ei8D (CIRCL6 ONfl
acTN�T,Nw�e�t 09087
� NO
� �av�'a �t'�k'�!
�����2��22
�
� �
SEtTL�MEtVT AGREEMENT AND RE{.EASE O a• `��
This 5ettiement Agre�mertt and Release (the ° Settlement Agreement"} is made and entered
into this ____ day of , 20�, qy and between (among):
"ClairtsanY' Amansfa Fatima tynn pauda, a minor, by gy(��a Thomas, her Guardian
"DefendanY' Ciry of St. Raul, A Seff-Insured Municipality
City of Saint paui PoNce Department
Ofifcer James Decowski
RECiTA�,3
A• On oraboutthe28'"dayof.luly, ig97, ClaimantAmandaFatimaLynn Daudd, a minor,
was in}ured as a resuft of a dog bite occurring at or near 15244 Yeilaw Pine Street,
Andover, Minnesofa. Claimant a!leges that the accident and resuiting physical and
personal injuries arase out of cenafn a��e g�� n�g�;5�niacts oro;,iissions of Defendant,
and has made a claim seeking monetary damages on account of those injunes.
s. Defendant is self•i�sured, and as such, wauld be obiigated to pay any cfaim made or
judgment obtained against Detendant.
C. Thepartiesdesiretoen�erfntoth�sSetti�mentAgrEementinordertoprovideforcertain
payments in fuu settfement and dtsenarge of aIl claims which have, or might be made,
by reason of the incidgnt desoribed in flecital A above, upon the tesms and cond�tions
set forth below.
Agreement
THE PARTIES AGflEE AS F01,LOW5;
l.a Reie�se and Discharge
?.I {n consideration of the payments set fqrth in Section 2, Claimant hereby comptet8ly
releases and forever discharges Defendant from any and ali past, pr�sent or future
c�aims, demantls, obligations, actions, causes of aotion, wrongfui death claims, r'rghts,
damages, Costs, fosses of ser�ices, expenses and compensation of any nature
whatsoaver, whether based on a tort, cont�act or other theory of recovery, which the
Claimart roYrhas, orwhicti may harearteraccrue or otherwise be acquired, on account
of, or may in any way grow out of the incident described 1n RecEtal A sbove, inCiuding
without iimitation, anyand a(I known orunknown claims tor bodify �nd.personai inJuries
to Claimant, or any future wtongful death ciaim of the ClaimanYs representatives or
heirs, which have resuited or may result #ram the aifeged acts or om�ssions of the
Detentlant.
2.2 This retease and discharge shaf{ also apply to Detendant's past, present and future
oftiCers, directors, stockholtlers, attorneys, agents, servants, representatives,
employees, subsidianes, affiliates, partners, predecessors and successors in interest,
and assigns and al! pthar persons, firms or corporations with whom a�y of the farm�r
have been, are now, or may hereafter be affifiated.
1.3 This release, on the part of the Claimant, shall be a fully binding and complete
settlement among the Claimant and the Defendant, and their heirs, assigns and
successors.
OZ_t37.
1.4 The Claimant acknowledges and agrees ihat the releass and disoharge set forth above
is a general release. Clafmant express{y waives and assumes the risk ot any and a9
c(a�ms for damages wfiich exist as of this date, but of which the Claimant qoes not know
or suspect to exist, whether through ignorance, oversight, error, negligence, or
otherwise and which, if known, would materiatly affect ClaimanYs decision to enterinto
thls Settiement Agreement The Cfaimant farther agrees that Claimant has accepted
payment of the sums spec;fied herefn as a complete compromise af matters invoiving
disputed iss�es of law and fact. Ciaimant assumes the nsk that the fiacts or law may
be other than Claimant believes. !t is understood and agreed to by tha parties that this
settiement is a compromise settlement of a doubtful and d;sputed claim, and the
payments are nat to be construed as an admission ot (fability on the part oi the
Defentlant, by wham liabit[ty is expressty denied.
2.5 Payments
in consioeration ofi the release set forth above, the Defendant agrees to pay to the individuaf
named below ('�Payee{s)") the sums outiined in Section 2 below;
Z.I Payments due at the time of settiement as follows:
$t 7,738.37 made payable to Milavetz Law Firm as attorney for Amanda Dauda
2,2 Periodic payments made according to the schedule as follows (the "Periodic payments")
with a present value o� $17,261.63:
Payee: Amanda Dauc�a
Benefits: Commencing on o6J23J2D14, monthly payments for t 5 years,
(180 payments), guaranteed certain, in the amount of
$336.371month.
- end ot schedule -
Ail sums set fortn herein constitute damages ir� a ease involving physica) injury or physical
sickness, arising from the acoident and are intended to fa�� within the meaning of Section 104(a)(2)
of the intemai Revenus Cade ot 1886, as &mentled.
3.3 ClalmanYs Ftights to Payme�tS
Ciaimant acknowledges that ihs Periodic Payments cannot be accelerated, deferred,
increased or decreased by the Claimant; nor shall the Claimant have the power to setl, mortgage,
encumber, or anticipate the Periotlic Payments, or any part thereof, by assignment or otherwise.
4.4 ClaimanYS Beneficlary
Periodic Payments being pa+dhpayments wiF be pa d to the esta e of A Fatima Lynn Dauda
or to any suoh person or entity as requested py the Claim�r�t in writing ta the Assignee. If no
persort or entity is designated by the Claimant, or if the person designated is not living at the time
of Claimants tleath, such payments shalt be made to the estats of Amanda Fatima Lynn Dauda.
��-11�
5.5 Consent to Qualified Assignmeni
5.1 Claimant acknowiedges and agrees that the Defendant will make a`�qualified
assignmenY' within the meaning of Section 130(c) Of the (ntemal Revenue Code of
i 386, as amended, of the fnsurer's liability to make the Periadic Payments set forth in
5ection 2.2 to Canada Lffe tnsurance Company of qmerica {che "Assignee"). The
Assignee's obligation for payment of the Periodic Payments shaii be no greater than
that of the lnsurer {wt�ether by judgment or agreement} immediately procseding the
assig�ment af the Periodic Payments obligatson.
5,2 Any such assignment, when made, shail be accepted ay the Claimant without the right
of rejection and shalt completefy release and discharge the Defendant from the Periodic
PaymeRts obfigation assigned to the AssigneE. The Claimant recagnizes that, in the
event of such an assignment, the Assignee shall be the sole obligator with rgspect to
the Pedodic Payments obiigation, and that a�l other releases wEth respect to the Periodic
Paym�nts obligation that pertain to the ��abil�ty of the fr.suror shalt the; eupon become
final, irrevo�ab4e ancs absofute.
6.3 Right to Purchase an Annuiry
The Detendant, itseif or through its Assignee, reserve the right to fund the liability to make
Periodfe Payments through the purchase of an annuity policy from Canada Life Assurance
Company. The Assignee shail be the sale pwner of the annuiiy policy and shali have alI rights of
awnership. The Assignee may have Canada Lffe Assurance Company mail payments direcUy to
the Payee. The Claimant shafl be responsible for maintaining a current maiiing address for the
Payee with Canada Life Assurance Company,
7.4 Discharge of Obligatlon
7he obligation of tha Assignee to make eaah Periodic Payment shall be discharged upon
the maliing of a valid check in the amount of such paymeni to the designated address of the
Payee(s} named in 5ection 2 of this Settlement Agreement.
$,0 R�presentation of Comprehension of Document
In entering into this Settlement Ag�eement ihe Claimant rapresents that the Claimant, and
any guardian of Glaimant, has relied upon ths advise of herattomeys, who ar� the attomeys of her
choice, conceming the leg�f and inaome tax consequencas of t"�s SettlementFigreement; that the
terrns oi th;s Settiement Agreement have been completely read and exptained to Claimant by her
attomeys; and that the tem�fs of this Sett(ement Agreement are fully understood and voiunta�ly
acceptefl by Claimant.
1.D8 Warranty of Capaclty to Exacut¢ Agreement
Ciaimant represents and warrants that no otherperson, business, corparation o r entity has,
or has had, any interest in the ciaims, demands, obligations, Qr causes of action referred to in this
Settlement Agreement, except as otharnrise set forth herein; that Claim�nt has the sole right and
exc(usive authorityto execute this 5ettlement Agreer�ent and receive the sums specified in it; and
that C{aimant haS not sDld, assigned, transferred, conveyerl or otherwise disposed of any ctaims,
demantls, abiigations or causes of action referred ta in this Settlement agresment.
Claimant further agrees that if thers are any outstanding or unpaid medical biils or biils
as5oci�ted with services rendered as a result of the injuries claimed, that Claimant shall 6e ful(y
responsible for paying chase outstanding or unpa+d biils out of the proceeds rec.�ived as a result
oa.-t3�
of settlement of th;s claim, and that Defendantshall notbe he{d fisca{fy responsibla forthe payment
of, or reimbursing of, �ny outstanding, unpaid, or future biils.
10.0 Govern;ng Law
This SettlementAgreement shali he construed and interpreted in accordance wi2h the taws
of the State of Minnesota-
11.0 Additional Documents
Atf parties agree to cooperate fully and execute any and ail supplementary documents and
to take afi additionaf actions that may be necessary or appCopr'sate ta give full force and effeet to
the basic terms and intent of this Settiement Agreement.
�2.0 Entire Agreement and Successors in lnteresr
This 5eftiement Agreement contains the en4ire agreement between th� Ciaimant, antl the
Defendant with regard to the matte�s set torth in it and shall be binding upon and inure to the
benefit of the exeeutors, administrators, personal representatives, heirs, successors and assigns
of each.
13.0 Ettectivenpss
This SettlementAgreement shall became effeGtive+mmediatelyfollowing execution by each
of the parties.
C!a}mant: Amanda Fatlma tynn Dauda, a minar, by �'�,'zane}t, �,,,I,s, her Guardian
By; - ,� /�2 � .c��CA
Date: _ 1 ���/�3
, . _.
5ubscribed and swom to befpre me this �y day of �/-�/✓ , 2o��f'.
Notary Public �i'� 1� •�%�e?,� County of �t'
_��Z�
4eiendant: City of St. Pau1, A Seif-lnsured Mun�oipallty
seu►+w, e. euueo
8Y: .� �c�����936
D$te: ApYAMAGE NO7ARY
Subscribed and swom to before me thfs ddy ot
County of
Notary Public
� �
��
�i: � i;
zo�
� t=; n ; i,n �
�.� � i�i �
, ti � �
� s, R� ; � �, , . , � , �
¢ 9 t[ . ^@
k3a*..... ,�?'�c.
T�TP�L A.�JS
; ;� ; � � �, . � Council File # O 13t�
,_ iti�_ `_.�
- �— ' ; , .. . `i t�.
Green Sheet # �OQ�S�
RESOLUTION
GITY OF SAINT PAUL, MINNESOTA �3
n . .
Presented By
Referred To
Committee: Date
\
1 Be it resolved that upon proper execution and delivery of a full and final release of all claims
2 from Amanda Fatima Lynn Dauda, a minor, and her attomeys, Milavetz, Gallop, and
3 Milavetz, related to an incident that occurred on 7uly 28, 1997 the proper City officials are
4 hereby authorized and directed to pay from the Tort L'aability Fund 09081-0511, the total of
5 $35,000.00 which shall be paid as follows:
6 $17,738.37 to Milavetz, Gallop & Milavetz, as attorneys for Amanda Fatima Lynn Dauda
7 $17,261.63 to the Canada Life Insurance Company of America for purchase of an annuity
8 which will make future payments to Ms. Dauda. Such City officials are hereby authorized to
9 sign any documents related to such settlement.
10
11
12
13
14
15
16
17
APPROVED as to the amount of the settlement by the City. This approvai does not extend to
approving the disbursement of funds to the minor child or to approve the appointment of a
guardian. ad litem, for which approval is specifically being obtained from another Court by the
minor's attorneys, Milavetz, Gallop & Milavetz. This court approval will be obtained prior to
the 'sbursement of any City funds.:
/
dge of District aurt
( 3 ( D 2---
Date
Requested hy Department of:
Adopted by Council: Date ���0 O'-. Foim
Certified by Council Secretary Sy:
I'•.a�
Date
Mayoz for
�
Approval Recommended hy Financial Services Diiector:
BY ' --- `�e��� /�`��^!�G
01 /29/02
GREEN SHEET
0 �-11�.
No 10�152
cr'axt�r owenae
Pebmary 13, 2002
TOTAL # OF SIGNATURE PAGES t
rnvcaMCa
p1YAi1Cp1EY a dtYCIiMI
nuxc4LaaMCESOw. ❑�wrrJN.mWqecto„
M ���� ❑5 Risk Management
(CL1P ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling the autstanding hodily injury claim of Ama�da Fatima Ly�n Dauda, a minor, against the City of Saint
Paul for a total amount of 535,000.00.
PLANNING COMMISSION
CIB CAMMITTEE
CIVIL SERVICE COMMISSION
rlae thie a�«irt'rm eve..�orimd under a wntraa rwurie aepamnenn
VES NO
HasMis cenoMl�m rm heen a city empbyee4
YES NO
Ooes tl�ic P�� O�s a sldll not noimel�YP� bY anY curreM dtY �PbYee?
YES N6
Is mia pe�sanlfirm a taroeted vendoR
YE$ NO
9ain aN vesan���ers on seoarote aheet and altach to aresn slfeet
On July 28, 1997, Amanda Fatima Lynn Dauda, a minor, was bit by a canine in the home of Saint Paul Police Officer James
Decowski. Ms Dauda sustained personal injuries as a resuk of this dog bite. A settlemeM hal3been reached between Ms. Dauda's
family and their attorneys, Milavetz, Gallop & Milavetz, wherein a portion of the settlement will be paid to Ms. Dauda's attorneys
and the balance of the settlement amount wili be paid into an annuity which will proviAe future payments to Ms. Dauda at
designated periods: Milavetz, Gallop & Milavetz is concurrently getting the courts to appoi�t a g�ardian for Ms. Dauda for the
purpose of the annuity purchase.
NPNTA�ESIFAPPROVEQ . - ,
This claim will be settled and tfie City's exposure will be capped.
None
claim wouid not Be settled and cauld resuft in more exposures artd higher costs ta the City.
AMOUN'I' OF TRANSACTWN
35.000
GL 001
���_
COST/RE1(ENUE BUD6Ei8D (CIRCL6 ONfl
acTN�T,Nw�e�t 09087
� NO
� �av�'a �t'�k'�!
�����2��22
�
� �
SEtTL�MEtVT AGREEMENT AND RE{.EASE O a• `��
This 5ettiement Agre�mertt and Release (the ° Settlement Agreement"} is made and entered
into this ____ day of , 20�, qy and between (among):
"ClairtsanY' Amansfa Fatima tynn pauda, a minor, by gy(��a Thomas, her Guardian
"DefendanY' Ciry of St. Raul, A Seff-Insured Municipality
City of Saint paui PoNce Department
Ofifcer James Decowski
RECiTA�,3
A• On oraboutthe28'"dayof.luly, ig97, ClaimantAmandaFatimaLynn Daudd, a minor,
was in}ured as a resuft of a dog bite occurring at or near 15244 Yeilaw Pine Street,
Andover, Minnesofa. Claimant a!leges that the accident and resuiting physical and
personal injuries arase out of cenafn a��e g�� n�g�;5�niacts oro;,iissions of Defendant,
and has made a claim seeking monetary damages on account of those injunes.
s. Defendant is self•i�sured, and as such, wauld be obiigated to pay any cfaim made or
judgment obtained against Detendant.
C. Thepartiesdesiretoen�erfntoth�sSetti�mentAgrEementinordertoprovideforcertain
payments in fuu settfement and dtsenarge of aIl claims which have, or might be made,
by reason of the incidgnt desoribed in flecital A above, upon the tesms and cond�tions
set forth below.
Agreement
THE PARTIES AGflEE AS F01,LOW5;
l.a Reie�se and Discharge
?.I {n consideration of the payments set fqrth in Section 2, Claimant hereby comptet8ly
releases and forever discharges Defendant from any and ali past, pr�sent or future
c�aims, demantls, obligations, actions, causes of aotion, wrongfui death claims, r'rghts,
damages, Costs, fosses of ser�ices, expenses and compensation of any nature
whatsoaver, whether based on a tort, cont�act or other theory of recovery, which the
Claimart roYrhas, orwhicti may harearteraccrue or otherwise be acquired, on account
of, or may in any way grow out of the incident described 1n RecEtal A sbove, inCiuding
without iimitation, anyand a(I known orunknown claims tor bodify �nd.personai inJuries
to Claimant, or any future wtongful death ciaim of the ClaimanYs representatives or
heirs, which have resuited or may result #ram the aifeged acts or om�ssions of the
Detentlant.
2.2 This retease and discharge shaf{ also apply to Detendant's past, present and future
oftiCers, directors, stockholtlers, attorneys, agents, servants, representatives,
employees, subsidianes, affiliates, partners, predecessors and successors in interest,
and assigns and al! pthar persons, firms or corporations with whom a�y of the farm�r
have been, are now, or may hereafter be affifiated.
1.3 This release, on the part of the Claimant, shall be a fully binding and complete
settlement among the Claimant and the Defendant, and their heirs, assigns and
successors.
OZ_t37.
1.4 The Claimant acknowledges and agrees ihat the releass and disoharge set forth above
is a general release. Clafmant express{y waives and assumes the risk ot any and a9
c(a�ms for damages wfiich exist as of this date, but of which the Claimant qoes not know
or suspect to exist, whether through ignorance, oversight, error, negligence, or
otherwise and which, if known, would materiatly affect ClaimanYs decision to enterinto
thls Settiement Agreement The Cfaimant farther agrees that Claimant has accepted
payment of the sums spec;fied herefn as a complete compromise af matters invoiving
disputed iss�es of law and fact. Ciaimant assumes the nsk that the fiacts or law may
be other than Claimant believes. !t is understood and agreed to by tha parties that this
settiement is a compromise settlement of a doubtful and d;sputed claim, and the
payments are nat to be construed as an admission ot (fability on the part oi the
Defentlant, by wham liabit[ty is expressty denied.
2.5 Payments
in consioeration ofi the release set forth above, the Defendant agrees to pay to the individuaf
named below ('�Payee{s)") the sums outiined in Section 2 below;
Z.I Payments due at the time of settiement as follows:
$t 7,738.37 made payable to Milavetz Law Firm as attorney for Amanda Dauda
2,2 Periodic payments made according to the schedule as follows (the "Periodic payments")
with a present value o� $17,261.63:
Payee: Amanda Dauc�a
Benefits: Commencing on o6J23J2D14, monthly payments for t 5 years,
(180 payments), guaranteed certain, in the amount of
$336.371month.
- end ot schedule -
Ail sums set fortn herein constitute damages ir� a ease involving physica) injury or physical
sickness, arising from the acoident and are intended to fa�� within the meaning of Section 104(a)(2)
of the intemai Revenus Cade ot 1886, as &mentled.
3.3 ClalmanYs Ftights to Payme�tS
Ciaimant acknowledges that ihs Periodic Payments cannot be accelerated, deferred,
increased or decreased by the Claimant; nor shall the Claimant have the power to setl, mortgage,
encumber, or anticipate the Periotlic Payments, or any part thereof, by assignment or otherwise.
4.4 ClaimanYS Beneficlary
Periodic Payments being pa+dhpayments wiF be pa d to the esta e of A Fatima Lynn Dauda
or to any suoh person or entity as requested py the Claim�r�t in writing ta the Assignee. If no
persort or entity is designated by the Claimant, or if the person designated is not living at the time
of Claimants tleath, such payments shalt be made to the estats of Amanda Fatima Lynn Dauda.
��-11�
5.5 Consent to Qualified Assignmeni
5.1 Claimant acknowiedges and agrees that the Defendant will make a`�qualified
assignmenY' within the meaning of Section 130(c) Of the (ntemal Revenue Code of
i 386, as amended, of the fnsurer's liability to make the Periadic Payments set forth in
5ection 2.2 to Canada Lffe tnsurance Company of qmerica {che "Assignee"). The
Assignee's obligation for payment of the Periodic Payments shaii be no greater than
that of the lnsurer {wt�ether by judgment or agreement} immediately procseding the
assig�ment af the Periodic Payments obligatson.
5,2 Any such assignment, when made, shail be accepted ay the Claimant without the right
of rejection and shalt completefy release and discharge the Defendant from the Periodic
PaymeRts obfigation assigned to the AssigneE. The Claimant recagnizes that, in the
event of such an assignment, the Assignee shall be the sole obligator with rgspect to
the Pedodic Payments obiigation, and that a�l other releases wEth respect to the Periodic
Paym�nts obligation that pertain to the ��abil�ty of the fr.suror shalt the; eupon become
final, irrevo�ab4e ancs absofute.
6.3 Right to Purchase an Annuiry
The Detendant, itseif or through its Assignee, reserve the right to fund the liability to make
Periodfe Payments through the purchase of an annuity policy from Canada Life Assurance
Company. The Assignee shail be the sale pwner of the annuiiy policy and shali have alI rights of
awnership. The Assignee may have Canada Lffe Assurance Company mail payments direcUy to
the Payee. The Claimant shafl be responsible for maintaining a current maiiing address for the
Payee with Canada Life Assurance Company,
7.4 Discharge of Obligatlon
7he obligation of tha Assignee to make eaah Periodic Payment shall be discharged upon
the maliing of a valid check in the amount of such paymeni to the designated address of the
Payee(s} named in 5ection 2 of this Settlement Agreement.
$,0 R�presentation of Comprehension of Document
In entering into this Settlement Ag�eement ihe Claimant rapresents that the Claimant, and
any guardian of Glaimant, has relied upon ths advise of herattomeys, who ar� the attomeys of her
choice, conceming the leg�f and inaome tax consequencas of t"�s SettlementFigreement; that the
terrns oi th;s Settiement Agreement have been completely read and exptained to Claimant by her
attomeys; and that the tem�fs of this Sett(ement Agreement are fully understood and voiunta�ly
acceptefl by Claimant.
1.D8 Warranty of Capaclty to Exacut¢ Agreement
Ciaimant represents and warrants that no otherperson, business, corparation o r entity has,
or has had, any interest in the ciaims, demands, obligations, Qr causes of action referred to in this
Settlement Agreement, except as otharnrise set forth herein; that Claim�nt has the sole right and
exc(usive authorityto execute this 5ettlement Agreer�ent and receive the sums specified in it; and
that C{aimant haS not sDld, assigned, transferred, conveyerl or otherwise disposed of any ctaims,
demantls, abiigations or causes of action referred ta in this Settlement agresment.
Claimant further agrees that if thers are any outstanding or unpaid medical biils or biils
as5oci�ted with services rendered as a result of the injuries claimed, that Claimant shall 6e ful(y
responsible for paying chase outstanding or unpa+d biils out of the proceeds rec.�ived as a result
oa.-t3�
of settlement of th;s claim, and that Defendantshall notbe he{d fisca{fy responsibla forthe payment
of, or reimbursing of, �ny outstanding, unpaid, or future biils.
10.0 Govern;ng Law
This SettlementAgreement shali he construed and interpreted in accordance wi2h the taws
of the State of Minnesota-
11.0 Additional Documents
Atf parties agree to cooperate fully and execute any and ail supplementary documents and
to take afi additionaf actions that may be necessary or appCopr'sate ta give full force and effeet to
the basic terms and intent of this Settiement Agreement.
�2.0 Entire Agreement and Successors in lnteresr
This 5eftiement Agreement contains the en4ire agreement between th� Ciaimant, antl the
Defendant with regard to the matte�s set torth in it and shall be binding upon and inure to the
benefit of the exeeutors, administrators, personal representatives, heirs, successors and assigns
of each.
13.0 Ettectivenpss
This SettlementAgreement shall became effeGtive+mmediatelyfollowing execution by each
of the parties.
C!a}mant: Amanda Fatlma tynn Dauda, a minar, by �'�,'zane}t, �,,,I,s, her Guardian
By; - ,� /�2 � .c��CA
Date: _ 1 ���/�3
, . _.
5ubscribed and swom to befpre me this �y day of �/-�/✓ , 2o��f'.
Notary Public �i'� 1� •�%�e?,� County of �t'
_��Z�
4eiendant: City of St. Pau1, A Seif-lnsured Mun�oipallty
seu►+w, e. euueo
8Y: .� �c�����936
D$te: ApYAMAGE NO7ARY
Subscribed and swom to before me thfs ddy ot
County of
Notary Public
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