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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