06-1054Council File # ��p – ,j
Green Sheet # 3A3 L�L2`J
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented
�
Be it resolved, that upon proper execution and delivery of a release in full to the City of Saint Paul, the proper City officials aze
hereby authorized and directed to pay for the Saint Paul Fire & Safety Services DepamnenYs Tort Liability Fund, GL 001-
05100-0511, to Augustus S. Tarphen and their attomey Borkon, Ramstead, Mariani, Fishman & Carp, Ltd., the sum of ten
thousand dollazs and no cents ($1Q000.00), in full settlement of any and all claims for damages sustained on or about the 3`
day of December, 2004, at or near the intersection of Cromwell and Franklin, Saint Paul, Minnesota.
APPROVED BY: '
Judge of District Court
Adopted by Council: Date //�a� /iJ�
7
Adoption Certified by Council Secretary
By: �
Approve�ay • D te �� L� O�
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DATED:
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by Deparhnent gf:
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Form A pro y-A ayor fo �ubmissio to Council
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Confad Person 8 Phone:
Sandra Bodensteiner
6512668887
Must Be on Council Agenda
Doc. Type: RESOLUTION W!$ IRANSACi
EAocument Required: Y
DocumentContact SandraBodenstein ,
Cuntad Pfione: 65t26f8887
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Number
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7ofal#ofSignaWrePages! (ClipAllLacationsforSignaWre)
Green Sheet NO: 3034229
Deoarhnent
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1 am n Resources Deoartm D Mo -� �
2 uancialServi DfficeFSnancialServi �
3 'N At[o ev LStv Att rn
4 @Navo 's Offi 1Nav /ASSista t
5 ouncil Ciri Cou¢cil
6 Clerk Gti C7erk
Approvai of resolufion settling the bodily injury claim of Augustus Tatphen against the City of Saint Paul.
Recommendations: Appm�e (A) or Reject (R):
Plann(ng Commission
CIB Committee
CiNI Service Commission
�
Contractr
1. Has this persoNfirm e�er w�rked under a coMract for this department?
Yes No
2. Has this pe�ssoNfirm e�er been a ctry empfoyee?
Yes No
3. Does this persoNfirtn possess a skill not nottnally possessed by any
curreM city employee?
Yes No •
Explain ail yes answers on separete sheet and attach to green sheet
Inkia6ng Problem, lssues, Opportunity (Who, What, When, Where, Why):
' On Deccmber 3rd, 2004 a vebicle driven by Frank Langer, an employee of the Department of Fire & Safery Services, struck a vehic
' driven bq Augustus Tarphen. Mr.,Tarphen sustained injuries. A full and fmal release of all clanns has been obtained from Mr. Tarphen
,� through his attarney of record.
Advanta9es If Approved:
An outstanding claim against the City of Saint Paul wiil be settled.
�o� U � zaas
Disadvantages If Approved:
None.
Disadvantages If NotApproved:
An outstanding claim against the City will not be settled, wluch could result iu higher costs and/or litigarion.
TotalAmountof �0000
TransaGtion:
Fundina Source: GL 001-05100
Cost/Revenue Budgeted: Y
Activity Number: p511
Financia� Information: Fire & Safery Services Tort Claims Budget
(Explain)
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November 2, 2006 9:5? AM Page 1
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Release of All Claims
File Number C-040308
In sole consideration of the payment of ten thousand dollars and no cents ($10,000.00, 1 do
hereby release and forever discharge the the City of Saint Paui, the Saint Paul Fire & Safety
Services Department, Frank B. Langer, their representatives, their successors, their assigns and all
other employees, from any and aIl 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 3'" day of
December, 2004, at or near the intersection of Cromweli and Frank(in, Saiat Paul, MN.
I understand that any injury I sustained may be permanent and progressive in nature, and
that recovery may be uncertain. By signing below I acknowledge that the parties released above
will have no further Viability for any medical bilis, treatment or services that have been rendered in
the past or have yet to be rendered.
I rely only on my own judgment in making this release and do not rely on any other person
in any way. By signing below I acknowledge that I have retained the services of an attorney and
that I have received advice regarding my options for settlement from my attorney. I also
acknowledge that my attorney will be named on any settlement check I receive.
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 re4ease does not release any parties other than those named above, and does not
pertain or relate to any claims the undersigned may have against other parties to this claim.
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 this release on the �
� a day of dG �'ud Yt�' , 200(�.
�:��--��2��----- ---
� Augustus S. i arphen
I`13-�4-���{�3
Sociaf Securtty Number
Subscribed and sworn to before me
this �_ day of ��,�r , 2 , �t�
���—\v�--�
Notary Public
JO �
�Y A�
Mim�sota
Cqmmiffiim Eq,ires January 31.2011