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03-87��I Council File # � 3� b 1 Green Sheet # � ��o��s RESOLUTION CITY OF SAINT PAUL, MINNESOTA 33 Presented By ReEerred To Committee: Date 1 Resolved, that upon proper execution and delivery of a release in full to the City of Saint Paul, 2 the proper City officials are hereby authorized and directed to pay from the Tort Liability 3 Fund (09080-0511), to Althea June Toliver and attorney Daniel M. Lieber, the sum of 4 $12,000.00 in full settlement of all claims for injuries sustained on the 25`" day of February 5 2001, at or near the intersection of Dale Street and Burgess Street, Saint Paul, Minnesota. Approved: J e, District Court ✓ Adopted by CouncIl: Date �� S ��p � Adopflon Certified by CouncIl Secretary � Approved by Iyl�ycjr: Date l ( �� 3 Date Requested by Department of: I: j -��. . . �� I: �l r � ",� �i/! < yy Mayor for Sub: �<� Services Director: :� , �� _ Zoos 1 GREEN SHEET 2/12/03 rna�aee wrt �:�.=7 TOTAL # OF SIGNATURE PAGES 't � � `�'� No 1 �0205 U �.�„�� -r1s Ua...� ��.,� � ��� ❑ Auxrlum�xenon ❑ wuwcu�mmKCro _ ❑3 w ���� 6❑Risk Management (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of resolution approving payment to Atthea Toliver for settlement of her bodily injury claim for 512,000.00. auA i icm npprove �A� a ne�ea � PLANNING COMMISSION CIB COMMITTEE CIVII SERVICE CAMMISSION HaefhisG��evervarkedu�de�acoNroGfurthicdepartmeM7 � VES NO Hes ihic 0� ever been a cdy empbyee7 YES , t� Dae6 tllis pBreotUfilm pome6B a sltlll rqt Iwmrollyposaessed by any euReM dty emPloYee7 VE3 NO Is Mie peisoMrm a tarpeted �erwloi? YEu ' MO On February 25'", 2001, a vehicle d�iven by City of Saint Paul Public Works employee Scott Wennhold turned in front of a vehicle driven by Althea Toliver. A bodily injury settlement has been reached with Ms. ToGver and a fulf release of atl cfaims has been obtained. � - ` / .,� ; I The City will settle an outstanding claim. None. ��s�� �' µ ��� �" I The City will need to defend itself against this claim, and possible end up paying a higher settlement amount.7 SOURCE (EJ�WN) 7 2,000.00 GL 007 COET/ItEVENUE BUDfiETED (CIRCLE ON� YEE NO �crrvi.rvNU�B�t 09081 � a� -YZ Full and Final Release of All Claims File Number C-010097 ln sole consideration of the payment of twelve thousand dol(ars and no cents tS12,000.00), to me paid in hand, I do hereby release and forever discharge the Gity of Saint Paui, the Saint Paul Public Works Department, Scott Wennhold, 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 25"' day of February, 2001 at or near the intersection of Dale Street and Burgess Street, Saint Paul, MN. � u�derstard that s�y �njury I I-�ave may be p2rmanzrt an� prcgressive in nsturz, and that recovery from any such injury may be uncertain. i rely oniy on my own judgment in making this release and do not rely on any other person in any way. The undersigned agrees and acknowledges that signing below settles any and all claims and that the undersigned is responsible for all unpaid bills or invoices for medical treatment or services rendered in the past, or to be rendered in the future. Any medical providers that have provided treatment or services in the past, or who shall provide treatment or services in the future shall look to the undersigned for payment. 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 is agreed not to reflect any payments or settlements made under the undersigned's personal automobile policy or no-fauit carrier therewith. This release contains the entire agreement between the parties hereto, and the terms of this release are contractual and not a mere recital. THE UNDERSIGNED HAS READ THE FOREGOING AND FULLY UNDERSTANDS IT, and signs and dates it this �_ day of��, 200�. witness Subscribed and sworn to before me this J �day of � , 20�. �N�66/ Notary Pubiic ��.i_� � �- � : - ,i. F�EG�.�`��� .j',t� � �, 20Q3 4{jM€i i�lit�iitl������T ATIMA M. COWNS Notary Public �innesota Commission Expi2s �an. 319