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08-1261councs� F;ie # 88—ra�ol Green Sheet # 30 (o � (aSS RESOLUTION Presented by CITY,OF SAINT PAUL, MINNESOTA 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 Se it resolved that upon proper execurion and delivery of a release in full to the City of Saint Paul, the proper City officials aze hereby authorized and directed to pay from the Ciry of Saint Paul Public Work's Department Tort Liability Fund, GL-225- 42310-0511, to Mazk J. Anderson, his wife, Seannine Anderson and their attomey of record, Miiavetz, Gallop & Milavetz, the sum of twenty five thousand dollars and no cents ($25,000.00) in fu11 and fmal settlement of all c]aims relating to UnderInsured Motorist Coverage claims for Mark J. Anderson that are as a result of a vehicle accident on or about the 25'" day of September, 2002 at or near the intersection of Kellogg and 7�' Street, Saint Paul, MN. ��J�:ZiPi:l�] )•A �--y % <_� �` Judge of Ramsey County District Court DATED: 1�����ap Adoption Certified by CoLU il Secretary By: i Approved by Date L'f D� By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Dg l��ai DepartmentlOffice/Councii: Date Initiated: �� _Numan Resources Z��T-08 Green Sheet NO: 3061655 Contact Person 8 Phone_ Sandre Bodensffiiner 6552668887 Must Be on Council Agenda by (Date): Doc. Type: ��LUTION W!$ TRANSACTION E-Document Required: Y Documerrt ConWct: SarWra Bodenstein ContactPhone: 6512668867 � Assign Numher For Routing Ofder To�l # of Signa P / (Clip All Locations for Signature) Adion Requested: Approval of settlement with Mark J. Anderson for $25,�00. Recommendations: Approve (A) or Re�ect (R): Planrrng Commission CIB Committee Civil Service Commission �� � Personaf Service Contracts Must Answer the Following QuesGons: 1. Has this personffirm ever worked under a contrect for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/fittn possess a skili not normaily possessed by any current city employee? Yes No Explain all yes answers on separate sheet and aMach to green sheet. Initiating problem, issues, Opportunity (Who, What, When, Where, Why): Mazk J. Anderson was a Ciry of Saint Paul Public Works employee who was driving a City vehicle when he was shuck by an underinsured motorist, and sustained injuties. Under Minnesota State Law, the City must provide underinsured motorist benefiis in the amount of $25,000. Mr. Anderson obtained a judgment against the adverse party in excess of $1 Million. This payment represents settlement of the outstanding underinsured motorist claims against the City. Advantages IfApproved: An outstanding claim against the Ciry will be tesolved. DisadvanWges If Approved: None. Disadvantages If Not Approved: The Ciry wiil be in violation of Minnesota State Law, and an outstanding claim will have to be litigated. Totaf AmouM aF Transaction: �25,�00.00 CosURevenue Budgeted: Y Punding Source: G1-225-42310 Activ�ty Number; 0511 Financial information: �is is the Public Works Street Maintenance Tort Liabiliry fund. (Explain) October 28, 2008 2:48 PM Page 1 vx-�a� � Release of All Claims Relating to Underinsured Motorist Coverage File Number C-070117 In soVe consideration of the payment of twenty five thousand dollars and no cents 1525,000.00), to us paid in hand, we do hereby release and forever discharge the City of Saint Paul, the Department of Public Works, 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, which we may have under the uninsured / underinsured motorist coverage provided on the City of Saint Paul vehicle Mark was the driver of in an incident which took place on or about the 25` day of September, 2002 at or near the intersection of Kellogg and 7` Street, Saint Paul, MN. We understand that the injury may be permanent and progressive, and that recovery may be uncertain. We rely only on my own judgment ir making this release and do not rely on any other person in any way. We have consulted an attorney and realize that by signing this release we are settling any and all claims we may have relating to the uninsured ( underinsured motorist coverage. The payment of this money is not to be construed as an admission of liability. It represents only the compromise ofi a doubtful and disputed 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 F AND FU.I� UNDERSTANDS IT, and signs and dates this release on the 7Y"�C day of d�/�!'LG , 2QQ8. In the presence of: witness tness Subscribed and sworn_to before me this otary Mark ,d"ohn Anderson �� � �� �� �� Mark's Social Security Num6er c�Yt�lr�-a �..e�-e"'�--� annine Anderson '� / / - �E� " �o � �a ,�j i Jeannine's Social Sec�rity Number 2 0C��• ,� �-•• GREGORY S, NiAt,USH ��� NOTARY PUBUC- MINNESOTA `= My Cammisstan Expires Jan. 31, 2070