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03-85ORIGIi�qL Council File # � 3� D 5 Green Sheet # �Daaoc� Presented By Referred To Committee: Date 1 Resolved, that upon proper execution and delivery of a release in full to the Caty of Saint Paul, 2 the proper Ciry o�cials are hereby authorized and directed to pay from the Tort Liability 3 Fund (09080-OSlI), to Kou Thao and Zang Yang, individually and as husband and wife, and 4 their attorneys Hoglund, Chwialkowski, Greeman, and Bergmanis, the sum of $10,000.00 in 5 full settlement of all claims for injuries sustained on the 5`" day of September 2001, at or near 6 the intersection of Dale Street and Universiry Avenue, Saint Paul, Minnesota. Approved: V Date 3� Adopted by Council: Date �,� _ S�3 Adoption Certified by CouncIl Secretary By: _�, � � _ Approved bjf or: Date. - �� �< By: �%'�✓t'L��L�✓ RESOLUTION CITY OF SAINT PAUL, MINNESOTA Requested by Department of: Technoloev and ManaQement S� By: r Approval Recommended y Financial By: _ L Form Ap ed by C; 1/ orney; 4 � � �//U BY� � l.C.rW � l Approv d y ayor for Su mi sion� By: � D'uector: �y�3 �, ��� 2/72103 January 14, 2003 rtO1R91G � TOTAL # OF SICaNATURE PAGES t GREEN SHEET uwmo.e. o3-$s ✓ No 1 Q�206 � �..,� � ��»„-� �„�.. Q �..,� �� Q �.� ❑ wuxcw�a�eFSOn ❑ wu�ouaEwn.ecro _ � r6�iisk ManagemeM wvo�laeuam�wq u (CLJP ALL LOCATIONS FOR SIGNATURE) ppproval of resolution settling the bodily injury claim of Kou Thao, and his wife Zang Yang, against the City of Saint Paul in the amount of 510,000.00. ' KEGOMMtfVUA11U1V APDfOV2 �A) Of KOJBR PLANNING COMMISSION �' ' CIB COMMITTEE h', k" CNILSERVICECOMMISSION Has ihis P�saMrtn e.�er xarketl under a coriLact for Mis deDa�tmenC7 YES NO Hes this c��rm e�nr neen e db empoyee7 . YES NO oaec uvc ue�soNfirm ooesess a swn �oc normel�raossecsea bv a�r �rt c�v emw�v�� YEB NO .. Is Uue pereauT'm a taryMed vmdoR . � , .' ' YES NO � ' � � E�lain all Yes answen on aeGe2te sheM and attach to Drcen chaM ,� .;�= INITIATING PROBLEM ISSl1E, OPPORTUNRY (Who, Wlrot, When, Yyhere; Why) . - - On 8eptember 5� 2001,' a City of Saint Paul Parks & Recreation vehicle driven by Max McKee turned into the lane of the vehide driven by Kou Thao, causi�g injuries to him and his passenger. A settlement release of all� ciaims has been obtained io the amount " '`� of S'70,000. . � �_. an outstanding claim. � . , � ; ':t % ��A°d l.� � Lt��a� SOURCE NJiORNATION fE%PIAtM itself in court, and could end up 7 GL 001 ' a larger settlement amount. COETIREVENUH BUDfiETW (GRCLE ONE) YES NO 09081 �cmm Hure�re � «� `� d��� Release of Ail Claims - Kou Thao File Number C-010349 In sole consideration of the payment of ten thousand dollars and no cents (510,000.00), to us paid in hand, we do hereby release and forever discharge the City of Saint Paul, the Parks & Recreation Department, Max McKee, their representatives, successors, assigns and all other persons, firms and corporations from any liability, claims, actions, causes of action, 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 me arising from an incident which took place on or about the 5u day of September, 2001 at or near the intersection of Dale Street and University, Saint Paul, MN. We understand that any injuries sustained maybe permanent and progressive, and that recovery may be uncertain. We rely oniy on our own judgment in making this release and do not rely on any other person in any way. The undersigned agree that by signing below they agree that they will be responsible for any and all liens, bilis, invoices or fees that have been incurred in the past, or may be incurred in the future relating to this incident, including, but not limited to, attorney fees and costs, medical bills, and lost wages. The undersigned also agree that this release inctudes all potentiat claims for {oss of consortium. The payment of this money is not to be construed as an admission of liability. It represents only the compromise of a doubtful and disputed claim. This release contains the entire agreement between the parties hereto, and the terms of this release are contractuaf and not a mere recitai. By signing below, the undersigned agree that they have read the foregoing and fully understand and sign and date this on the �� day of �, 20� of their own free will. In the presence of: witness witness ���''�T.�-6 Kou Thao Zar — Gz Zan ang Subscribed and sworn to before me t is (� ay f , 20b�. Not y Publi � CORINNE J. THILL � � NOTAflY PUBLIC — MINNESOTA - i �� F�ykes Jan. s7. zcos . ew ��. �. JAN 13 2003 RISK MANAGEM�NT