03-84P-, ..� U
E I
� �.--� � � ` � 1�; Council File # � 3 � �
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Green sheet # � D�°2� �'
RESOLUTION
CITY OF SAIAIT PAUL, MiNNESOTA 3O
Presented By
Referred To
Committee: Date
1 Resolved, that upon execuuon and delivery of a release in full to the City of Saint Paul, the
2 proper City officials are hereby autharized and directed to pay out of the Tort liability fund,
3 09080-0511, to Daniel and Emily Harvey, the sum of eight thousand five hundred fifty-nine
4 dollars and thirteen cents ($8,559.13) in full settlement of their properiy damage clann from an
5 incident at their home at 618 Arlington Avenue East, Saint Paul, Minnesota.
Approved
���
ate
Requested by Department of:
�
Approval Recommenc�"ed'6y Financial Ser Director:
BY� a'—�Ia/V�. �
Adopted by Council: Date � 4_ S a t� c� Form Appmved by City Attorney:
Ado
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App
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GREEN SHEET
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N 1 �t�207
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2/26/03
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ORDER
TOTAL # OF SIGNATURE PAGES �
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(CLJP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling the property damage claim of Daniel and Emily Harvey against the Ciry of Saint Paul for 58,559.73
for damages relating to an incident on June 21, 2002.
w
PLANNING CAMMISSION
CIB CAMMI7TEE
CVV1L SERVICE CAMM{SSION
Has thic PeB�rm e+er rarketl under a cariha�t for thia tleparhrient?
YES NO
Nes inie o�«JGrm ewx 6een a ary empoyeea .
YES No
Ooe6 tliie P��1n Oaeese a sidl not nwmalrypwae�eC M a�l/ curreM citY �P�oY�
YES Pp
b}his pnsail�rm a ta�pe[e0 vendoR � �
YES NO
On or about June 21, 2002, the Saint Paul Public Works Departmert failed to mark an active sewer connection on contractors'
plans dudng a sewer relining project, and the sewer connection fo� Daniel and Emily Harvey backed up into their basement causing
pmperty damages.� An advance payment of $5,000 was delivered to the Harveys in October 2002 until a final resolution on their
claim could be reached. A final setYlement amount of $13,559.13�has been reached, which7esults in an additional paymenY to the
Haryeys of 58,559.13. A full and final release for the full amount has been obtained. , -
A daim against the City will be settled. �
None
The City would fiave to go to court and potentially get a verdict for a larger amount.
��.�, . � ' � ' 8.559.73
,- TOTAL AMOUNT OF TRANSACTION I
SOURCE
GL001
wroRr.anori rowwM
COET/ItEVENUE BUDOEfm (CIRCLE ONE)
��TNinNU��n 09081
NO
�
_ . os-8�y
1N3W3JdNdW �SR3
Full and Final Reiease of Afl Claims CO20227 £OOZ 9 I Ndf
For the consideration of thirteen thousand five hundred fifty ni�d��r�ql��
thirteen cents ($13,559.13) ofi which five thousand dollars (55,000.00) has already been
received, a payment of eight thousand five hundred fifty nine dollars and thirteen cents
(58,559.13) is hereby acknowledged, the undersigned parties agree to release and
discharge the City of Saint Paul, the Public Works Department, their heirs, executors,
administrators, agents, employees, officers, assigns and afl other persons, firms or
corporations liable, or who might be Iiable, none of whom admit any liability, for ciaims,
demands, damages, actions, causes of action of suits of any kind or nature whatsoever,
to property which has resulted from an incident which occurred on or about the 21 day
of June, 2002, at or near, 618 Arlington Avenue East, Saint Paul, MN 55101.
The undersigned parties hereby declare that this payment is being rnade voluntarily
ai�d snall not commit the City oi Saint Paui, the Public VNorks Depattment, their heirs,
executors, administrators, agents, employees, officers, assigns and all other persons,
firms or corporations, from making any future payments for damages relating to this
incident.
By signing this agreement, the undersigned parties declare that the terms of this
settlement are fully understood and voluntarily accepted for the purposes of making a
full and final compromise adjustment and settlement of any and all claims, disputed or
otherwise, on account of the incident mentioned above. The payment of this money is
not to be construed as an admission of liability.
By signing below, the undersigned state that they have read this agreement, know
thp contents thereof, and sign the same�,elying� n tYygir own� r, ��dgment and on no
re resentation of others. Si ned this _� da of �'�^�_ 2003.
In t e presence f:
�
witness
' � witness� ��-��
Subscribed and sworn to before me
this � day o� 2� , 2003.
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Notary bfic
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