04-603Council File # ���
Presented By
Green Sheet # ✓�` ���
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA ZZ.
Referred To Committee: Date
1 RESOLVED, that, upon execution and delivery of a release in full to the City of Saint Paul,
2 the proper City officers are hereby authorized and directed to pay from the Tort Liability
3 Fund, 09081-0511, to Zurich North America as subrogee of Red House Records, the sum of
4 twenty one thousand two hundred seventy siY dollazs and eighty one cents ($21,276.81) in
5 full settlement of their claims, relating to damages sustained on the 9�' day of December,
6 2002, as a result of an incident from City forestry acrivities at or near the intersection of 501
7 W. Lynhurst Avenue, Saint Paul, MN 55104.
(o.?.o�
Date Signed
`� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green She�ei��
DepartmenUoffice/council: Date Initiated:
Hu -H,,,�„�,�� o2��N-� Green Sheet NO: 3017755
� --- - Deoarhnent SentTOPerson InitiaVDate !
ConWG Person 8 Phone:
SandraBodenst0inef 0 umanResources t51�/�1LL47RREW1Ek�'_� �
6512668887 pujgn 1 umanResources DenartmeotDirector L�
Must Be on Councii qgenda by (Date): Number 2 ;h p��� I City Attoruey form i
23-JUN-04 For
Routing 3 a or'sOffce Mayor/Assistant I
� Order 4 ICouocil Ctity Council
5 i lerk Ci C erk
Total # of Signature Pages � (Clip Ali Loqtions for Signature)_
Aetion Requested:
Approval of settlement of a property damage claim against the City of Saint Paul by Zurich North America as subrogee of Red House
Records.
Recommendations: Approve (A) or Reject (R): Personal Service CoMrects Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city empioyee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On December 9th, 2002 a Pazks and Recrearion Forestry crew failed to secure a tree they were curiing, and the tree fell into a private
business, causing extensive damage to the building and coments. A full and final settlement has been reached with the insurance
company for the property owner and a release has been obtained.
Advantages If Approved:
An outstanding claim against the City of Saint paul will be settled.
DisadvantageslfApproved: � �
None.
Disadvantages If Not Approved:
An outstanding claixn will most likely pxoceed to hial, and could iesult in Irigher damages agaivst the City.
To1a1 AmouM of
Transaction: 21276.81 CosURevenue Budgeted: y
Funding Source: GL 001 Activity Number. 09081 �`�� ��� ���� r
Financial Information: � 9 A �� p ryryg p
(Explain) JUI'� V 4 CUJY
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t�-l-l�03
Release of Ail Claims
File Number C-020342
In sole consideration of the payment of twenty one thousand two hundred seventy six
dollars and eighty one cents fS21,276.81), to us paid in hand, we do hereby release and
forever discharge the City of Saint Paul. the Parks & Reoreation Department, the Forestry
Division, their representatives, successors, assigns and all other persons, #irms and corporations
firom any tiabiiity, claims, actions, causes af action, and demands of any kind, known ot
unknown, existing or to arise in the future, resulting from ar related to any damage, loss or
injury sustained by our insured and our company arising fram an incident which took place on or
about 9`" day of December, 2402 at or near Red House Records, 509 W, Lynnhurst Avenue,
Saint Aaul, MN 55104.
VNe understand that the injury may be oermanent and progressive. and that recovery may
be uncertain. We rely only on our own judgment in making this release and do not reiy on any
other person in any way.
The payment of ihis money is not to be construed as an admission of liability. It
represents only the compromise of a doubtful and disputed claim.
The•undersigned agree thaT the acceptance of this settlemeni comprises a full settlement
of all damages considered or paid for, or any portion of which was paid for, in light of the
damage sustained at the above address to our insured, Red House Records. By our signature,
we agree to hold the released parties harmless from any claims for additional damages made by
our insured, for those items which are covered by this release per our demand packet of
November 4, 2003.
This release contains the entire agreement between the parties hereto, and the terms of
this release are contractual and not a mere recitai. .
TNE UNDERSIGNED HAS READ THE FOREGOING ANQ FULLY UNDERSTADlDS IT and signs this
1�� dayof ��rz� ,200� .
In the presence of: n
�/C f�.��r.�� `y �`}�.'=_
Authorized Represantative of Zurich North
America as subrogee of Red House Records
` C�ltL�fiZ-� �'
Printed Name of Person Signing Above
this l r r N day of rF i 1 , 20 U`�.
/� `"��-w-x- • G�"'�
Notary Publ' :J
tdetarialSeai
ROZ2.fli7B 83i�I( A!otary PubGc
Pi2Gturgh, AtE�gF.anyCcuniy
My Commis.�or. cxpires suly 3, 2004
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wiiness