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02-18�i � � � 9 �4 : i S `,J � i� , ..... Presented By Re£erred To Committee: Date 1 Be it resolved that upon proper execution and delivery of a full and final release of all claims 2 to the City of Saint Paul, the proper Ciry officials are hereby authorized and directed to pay 3 from the Tort Liabiliry Fund, 09081-0511, to MA Associates, Inc. the sum of $139,075.84 for 4 settlement of all claims related to a sewer back up at 622 Watson, Saint Paul, MN on or about 5 September 25, 2001. 6 APP �° . 7 �� 8 u ge of District Court � Date � Reguested by Depaztment of: � Adoptedby CouncIl: Date �an�. Adoption Certified by Council ecretary � App � Council File # �a.—�$� Green Sheet # ��pZ.J� RESOLUTION CITY OF SAINT PAUL, MINNESOTA 30 Approval Recommended by Financial Services Director: By: � �,/� /' V (.N//�GL Form Apprwed by City Attomey: oa-�s Release of Ali Claims File Number C-010359 {n sole consideration of the payment of one hundred tfiirty nine tfiousand seventy five dollars and eighty four cents (S 139,075.84), to us paid in hand, we do hereby release and forever discharge the City of Saint Paul, the Saint Paul City Council, the Saint Paul Pubtic Works Department, their employees, representatives, successors, agents, assigns and all other persons, firms and corporations trom any liability, claims, actions, causes of action, damages and demands of any kind, known or unknown, existing or to arise in the future, resulting from or related to any damage, loss or injury sustained by us arising from an incident which took place on or about the 25"' of September, 2001 at or near M.A. Associates, Inc., 622 Watson (at the intersection of Drake►, Saint Paul, MN 55116. We understand that the full nature of the property damage or loss that we have sustained may be unknown. We rely only on our own judgment in making this release and do not rely on any other person in any way. The payment of this money is not to be construed as an admission of liability on the part of the parties being released. It represents the compromise settlement of any and all claims, disputed or otherwise. This retease contains the entire agreement between the parties hereto, and the terms of this release are contractual and not a mere recital. We hereby state that by signing this document we state that we have read this release, know the contents thereof, and have signed the same, relying on our own judgm�nt and on no representations of others, and of our own free will and accord this 17 _ day of �� , , 200 ( . in the presence of: ,. , .f3'/?2c��C�'G��+=;�� witness witness F � 'n , _�/ IA�r��✓✓��z . Chris Nicosia � � Principle Owners of MA Associates, Ir�c. �2/!(/J'✓/�� �{,r �e�,- Roxanne Nicosia Principle Owners of MA Associates, Inc. Subscribed and sworn to before me this � day of �� , 20 D/. � j�G�.-�c�c��-�{/.�.�� otary Public `:,ti SANUk:. � BODEt9STEMFR NO7PRY vU6LiC - MMNESOTA �'��` �.°YCO�nMtSSION EXP7RES JAN. 31, 2� r}�e . � iFPARTM@7TlOFFICE Tech & Mamt �OMfACT PH250N & F Candra Bnden87'f ������� 1�2��� �u�7io� TOTAL # OF SIGNATURE PAGES t GREEN SHEET �_L_-iT•�- i`i a�-�r No � ����� QIYCOILCI. �, fJ1YAiIOpET V � OIYGiYK I wMxuuaarrisw� ❑ nwo��aore�ccra _ 6❑ Risk Management i r�vnrtpRwsr (CLJP ALL LOCATIONS FOR SIGNATUR� Approvaf of resohrtion settling the outstanding claim of MA Associates, Inc. against the City of Saint Paul in the amount of $139,075.84. An outside vendor, Heritage Claim Service, was used as a consWtant to verify the aocuracy and appropriateness af the claim heing presented. This vendor found the ciaim valuation submitted to be acc�rate. 7he City Attorney's Office was also consulted about this daim, and approved oE our methodoingy for handling. The City Attorney's Office elected not to personally review the file. � PLFW NING COMMISSION Cf8 COMMISTEE CNIL SERVICE CAMMISSION Flas tliie Personlfirm eMerxariaetl uM�r a conVad farMis depertmenCl YES NO 1ms MSs pe�adYfirm e�aLeen a ci1Y emDbYea? YES NO Oaes Uic P�� P� a sl� 11ot namBI�YP��d by anY ��Y �PbY�� Y6S NO Is Uiic peraaufirm a tarye4ed vendoR YES NO �ain aY ve¢ arrexe's on seoaiffie sheet anE eCech to amen aheet ' INITIATING PROBLEM ISSUE OPPORTIAJITV (Who, YJhat, When, Where, Why) � ?" , � On or about SepYember 25, 2001, a contractor working at the direction of the City of Saint Paul's Public Works Depaftment drilled �� down along side a sewer manhole during a relining project. The plans that were issued by the City did not include the Iocation of a 4�°�'� bultchead. Duriny the drilling, the-contractor knocked the bulkhead into the sewer line. As a result, the sewer Ifne became bloeked y-, and backed up inYO a building occupied by MA Associates, Inc. MA Associates sustained�damage to its buildjng., as well as �i �;',.' damage to both its own property a�d the property nf some of its clients. OF TRANSAC'f10N SOURCE (IX�M 139,075.84 coannevaueeunoereo(cirtc�on� � rES � No �/ GL 007 09087 ACTNRV NWIBER . ���3 ��"i`�C „ r �� y �ifLS B �i � � � 9 �4 : i S `,J � i� , ..... Presented By Re£erred To Committee: Date 1 Be it resolved that upon proper execution and delivery of a full and final release of all claims 2 to the City of Saint Paul, the proper Ciry officials are hereby authorized and directed to pay 3 from the Tort Liabiliry Fund, 09081-0511, to MA Associates, Inc. the sum of $139,075.84 for 4 settlement of all claims related to a sewer back up at 622 Watson, Saint Paul, MN on or about 5 September 25, 2001. 6 APP �° . 7 �� 8 u ge of District Court � Date � Reguested by Depaztment of: � Adoptedby CouncIl: Date �an�. Adoption Certified by Council ecretary � App � Council File # �a.—�$� Green Sheet # ��pZ.J� RESOLUTION CITY OF SAINT PAUL, MINNESOTA 30 Approval Recommended by Financial Services Director: By: � �,/� /' V (.N//�GL Form Apprwed by City Attomey: oa-�s Release of Ali Claims File Number C-010359 {n sole consideration of the payment of one hundred tfiirty nine tfiousand seventy five dollars and eighty four cents (S 139,075.84), to us paid in hand, we do hereby release and forever discharge the City of Saint Paul, the Saint Paul City Council, the Saint Paul Pubtic Works Department, their employees, representatives, successors, agents, assigns and all other persons, firms and corporations trom any liability, claims, actions, causes of action, damages and demands of any kind, known or unknown, existing or to arise in the future, resulting from or related to any damage, loss or injury sustained by us arising from an incident which took place on or about the 25"' of September, 2001 at or near M.A. Associates, Inc., 622 Watson (at the intersection of Drake►, Saint Paul, MN 55116. We understand that the full nature of the property damage or loss that we have sustained may be unknown. We rely only on our own judgment in making this release and do not rely on any other person in any way. The payment of this money is not to be construed as an admission of liability on the part of the parties being released. It represents the compromise settlement of any and all claims, disputed or otherwise. This retease contains the entire agreement between the parties hereto, and the terms of this release are contractual and not a mere recital. We hereby state that by signing this document we state that we have read this release, know the contents thereof, and have signed the same, relying on our own judgm�nt and on no representations of others, and of our own free will and accord this 17 _ day of �� , , 200 ( . in the presence of: ,. , .f3'/?2c��C�'G��+=;�� witness witness F � 'n , _�/ IA�r��✓✓��z . Chris Nicosia � � Principle Owners of MA Associates, Ir�c. �2/!(/J'✓/�� �{,r �e�,- Roxanne Nicosia Principle Owners of MA Associates, Inc. Subscribed and sworn to before me this � day of �� , 20 D/. � j�G�.-�c�c��-�{/.�.�� otary Public `:,ti SANUk:. � BODEt9STEMFR NO7PRY vU6LiC - MMNESOTA �'��` �.°YCO�nMtSSION EXP7RES JAN. 31, 2� r}�e . � iFPARTM@7TlOFFICE Tech & Mamt �OMfACT PH250N & F Candra Bnden87'f ������� 1�2��� �u�7io� TOTAL # OF SIGNATURE PAGES t GREEN SHEET �_L_-iT•�- i`i a�-�r No � ����� QIYCOILCI. �, fJ1YAiIOpET V � OIYGiYK I wMxuuaarrisw� ❑ nwo��aore�ccra _ 6❑ Risk Management i r�vnrtpRwsr (CLJP ALL LOCATIONS FOR SIGNATUR� Approvaf of resohrtion settling the outstanding claim of MA Associates, Inc. against the City of Saint Paul in the amount of $139,075.84. An outside vendor, Heritage Claim Service, was used as a consWtant to verify the aocuracy and appropriateness af the claim heing presented. This vendor found the ciaim valuation submitted to be acc�rate. 7he City Attorney's Office was also consulted about this daim, and approved oE our methodoingy for handling. The City Attorney's Office elected not to personally review the file. � PLFW NING COMMISSION Cf8 COMMISTEE CNIL SERVICE CAMMISSION Flas tliie Personlfirm eMerxariaetl uM�r a conVad farMis depertmenCl YES NO 1ms MSs pe�adYfirm e�aLeen a ci1Y emDbYea? YES NO Oaes Uic P�� P� a sl� 11ot namBI�YP��d by anY ��Y �PbY�� Y6S NO Is Uiic peraaufirm a tarye4ed vendoR YES NO �ain aY ve¢ arrexe's on seoaiffie sheet anE eCech to amen aheet ' INITIATING PROBLEM ISSUE OPPORTIAJITV (Who, YJhat, When, Where, Why) � ?" , � On or about SepYember 25, 2001, a contractor working at the direction of the City of Saint Paul's Public Works Depaftment drilled �� down along side a sewer manhole during a relining project. The plans that were issued by the City did not include the Iocation of a 4�°�'� bultchead. Duriny the drilling, the-contractor knocked the bulkhead into the sewer line. As a result, the sewer Ifne became bloeked y-, and backed up inYO a building occupied by MA Associates, Inc. MA Associates sustained�damage to its buildjng., as well as �i �;',.' damage to both its own property a�d the property nf some of its clients. OF TRANSAC'f10N SOURCE (IX�M 139,075.84 coannevaueeunoereo(cirtc�on� � rES � No �/ GL 007 09087 ACTNRV NWIBER . ���3 ��"i`�C „ r �� y �ifLS B