200424Council File No. 200424 — By Milton
Rosen —
ORIGINAL TO CITY CLERK Resolved, That the Council of the
y ry City of Saint Paul being duly advised
CITY OF ST. in t h e premises pursuant to the NO
recommendation of the Corporation
OFFICE OF THE Counsel does hereby, authorize the I
° final settlement of the pending Ramsey
" UNCIL RESOLUTION County, Minnesota District Court action
entitled "The Hiawatha Company
,.In-
corporated, Dux - Minnehaha Cleaners
PRESENTED BY & Launderers, Inc., and Northwest
COMMISSIONEI ITruck Leasing Company, Plaintiffs, vs.
F. Morettini Construction Company,
Defendant, and City of St. Paul De -,
• v a .O'.1 � r
U . '). art-' 3, ttebr.
RESOLVED, That the Counc:��u�p`.:rof the City of
wci'3
Saint Paul being duly advised in the premises pursuant
.:200424
I
to the recommendation of the Corporation Counsel does
hereby authorize the final settlement of the pending
Ramsey County, Minnesota District Court action entitled
"The Hiawatha Company, Incorporated, Dux- Minnehaha Cleaners
& Launderers, Inc., and Northwest Truck Leasing Company,
Plaintiffs, vs. F. Morettini Construction Company, Dbtbndtf1 -ti.,
and City of St. Paul, Defendant and Third Party Plaintiff,
vs. Seaboard Surety Company, a corporation, Third Party
Defendant" on the following bases to -wit that all claims
of the plaintiffs against the defendants therein be fully
and forever compromised, settled and discharged and the de-
Pendants be jointly and severally released and discharged of
all liability thereon in consideration of the payment of the
aggregate sum of $759000.00 by and in behalf•of the defendants,
to the plaintiffs, $60,000.00 whereof shall be paid by the
defendants other than the defendant City of Saint Paul and
the balance $159000.00 whereof shall be paid by the City of
Saint Paul; that it appears that aiin1�tif '+ fo esaid claims
COUNCILMEN Adopfed by lse Council 19-
b.- Yeas .:Nays
DeCourcy
Holland Approved 19-
T Loss In Favor
Mortinson
' Mayor
Peterson '
Rosen A gainst PUBLISHED / / — y /
Mr. President, Vavoulis
6M 8 -60 2
r
200424
ORIGINAL TO CITY CLERK
CITY OF ST. PAUL COUNCIL NO
OFFICE OF THE CITY CLERK
' COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
- 2 -
under its complaint wbreRfor�,,damages against said defendants
in the amount of $405,000.00 on account of injury to plaintiffs'
dry cleaning,plant buildings and premises attributable to
subsidence caused by sewer construction and tunneling work
adjacent thereto in a City of Saint Paul public improvement,
the City operating by and through its contractor defendant
that
F. Morettini Company, Incoporated ; /it further appears that
said action was the subject of pretrial proceedings before
said District Court wherein plaintiffs,! minimum demand foil
settlement of said claims was fixed by plaintiff at $150,000;
and that it is deemed in the best interests of defendant
City of Saint Paul that the aforesaid authorized settlement
be made on the bases aforesaid and that all claims of parties
therein involved �.the claims of plaintiffs,aforesaid,and the
claims of the. City of Saint Paul for indemnity, be accordingly
fully and compromised ", settled and discharged.
RESOLVEDIfurther that said settlement shall be
contingent, among other things upon the dismissal of prejudice
of said action.
COUNCILMEN
Yeas Nays
DeCourcy
Holland
Loss
In Favor
Mortinson
Peterson
Against
Rosen
Mr. President, Vavoulis
sM a -eo cQERo. 2
Adopted by the Coulf, i 3 1911 19—
%ti 131
A roved 19—
Mayor
DUPLICATE TO„PRINTER 200424
CITY OF ST. PAUL COUNCIL VVV VVV ���
_ OFFICE OF THE CITY CLERK FILE NO.
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
RESOLVED, That the Council of the City of
Saint Paul being duly advised in the premises pursuant
to the recommendation of the Corporation Counsel does
hereby authorize the final settlement of the pending
Ramsey CoWnty, Minnesota District Court action entitled
"The Hiawatha Company, Incorporated, Dux- Minnehaha Cleaners
& Launderers, Inc., and Northwest Truck Leasing Company!
Plaintiffs, vs. F. Morettini Construction Company, Defendant...
and City of St. Paul# Defendant and Third Party Plaintiff,
vs. Seaboard Surety Company, a corporation, Third Party
Defendant" on the following bases to-tilt that all claims
of the plaintiffs against the defendants therein be fully
and forever compromised, settled and discharged and the de-
fendants be jointly and severally released and discharged of
all liability thereon in consideration of the payment of the
aggregate sum of $75,000.00 by and in behalf of the defendants,
to the plaintiffs, $609000.00 whereof shall be paid by the
defendants other than the defendant City of Saint Paul and
the balance $159000.00 whereof shall be paid by the City of
Saint Paul; that it appears that l�aii of B" �foreeaid claim!
.9 A�dop£e by lie Council 1'9—
Yeas Nays
DeCourey
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
am a -so QDo.2
-----In Favor
Against
Approved 19—
Mayor
DUPLICATE TOE, PRINTER
CITY OF ST. PAUL COUNCIL NO-2004
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
- 2 -
under its complaint xlsr.e for, damages against said defendants
in the amount of $405,000.00 on account of injury to plaintiffs'
dry cleaning plant buildings and premises attributable to
subsidence caused by sewer construction and tunneling work
adjacent thereto in a City of Saint Paul public improvement,:
the City operating by and through its contractor defendant
that
F. Morettini Company, Incoporatedi /it further appears that
said action was the subject of pretrial proceedings before
said District Court wherein plaintiffb!, minimum demand for
settlement of said claims was fixed by plaintiff at $150,000;
and that it is deemed in the best interests of defendant
City of Saint Paul that the aforesaid authorized settlement
be made on the bases aforesaid and that All claims of parties
therein involved,the claims of plaintiffs,aforesaid,and the
claims of the City of Saint Paul for indemnity,be accordingly
fully and compromised, settled and discharged.
RESOLVED further that said settlement shall be
contingent, among other things upon the dismissal of prejudice
off' grid action. AN 13 '19�
COUNCITMEN Adopted by the Counci —19—
Yeas Nays
DeCourey
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
8M 8 -80 � 2
4
Tn Favor
A gainst
J w 1 31961
Approved - 19
Mayor