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08-585Council File # � � � � � Green Sheet # 30538 ( � Presented by RESOLUTION CITY OF SAINT PAUL, MINNESOTA 1� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 authortzed and directed to pay from the Saint Paul Police Deparhnent's Tort Liabiliry Fund, GL-001-04100-0511, To Cluistopher A. Mondty, 7essica Tani and their attomey of record, Lindell & Lavoie, the sum of thirteen thousand dollazs and no cents ($13,000.00), in full and final settlement of any and all claims sustained by Christopher Mondry as a result of a vehicle accident on or about the 14�' day of December, 2006 at or neaz the intersection of Osceola and St. Clair, Saint Paul, Minnesota. APPROVED BY: Judge of Ramsey County District Court nATEn: � j� 8 ' �� 1 Adoption Certified by Council Secxetacy BY� // /%.ili�i�li%ll�/� Approvap/oy q�i � I,?�t � B ( � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 6�� 5�� �.� �', i DepartmentlofficelcounciL• � ��� �°: � Green Sheet NO: 3053811 I HU -xurs�Resoiaces Contact Person 8 Phone: Sandra Bodensteiner 6512668887 Doc. Type: RESOLUTION W/$ TR4NSAC E-Document Required: Y Dacument Contaet Sandra 6odenstein Confact Pho�: 6512668887 0 omaoResources RiskMan emeut ���� 1 amanResonrces De artmentD'uector �_ 2 inancialSetvices eFi¢aactalServires � � ' Attorne G1 Attorn 4 a or's08ice Ma orfAssistant 5 ouncil Cl' Connci3 6 ' Cterk ' Clerk y Assign Number For Rotrting OMer Total # of Signature Pages � (Clip All Locations for Sigaature) Approval of payment to settle claim with Christopher Mondry against the Ciry of Saint Paul Police Deparanent. iaauons: qpprove (a) or ht Planning Commission CIB Committee Civil Service Commission 1. Has this per5onffirm ever worked u�Wer a conVact for this department? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3, Does this personJfrcm possess a skill nM normally possessed by arry current ciry empioyee? Yes No Explain all yes a�wers on separate sheet and attacb to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Whyj: On December 14, 2006, a Saint Paul Polioe Department squad dtiven by Robert Kosloske, lost control on an icy road, crossad the center lane and drove into a vehicle being driven by Christopher Mondry. Mr. Mondry susiained injuries as a result of the accident. A fu11 and final re(ease in the axnount of $13,Q00 has been o6tained from Mr. Mondry through his attorney. Advantages If Approvetl: A claim against the Ciry of Sain[ Paul will be resolved without the need for lirigarion or addifional wsts. Disadvantages If Approved: None. Disadvantages If Not Approved: A claim against the Ciry of 5aiirt Paul will not be resolved and the Ciry could incur additional litigation costs and additional claim costs. � Trensaction: $13,f100.00 FundingSource: GL-001-04100-0511 CosflRevenue Budgeted: y Activity Num6er. FinanciallnformaGon: Saint Paui Police Departments' Tort Liability Fund (E�cPlain) �E��41i��? MAY 2 � 2Q09 May 15, 2008 9:41 AM Page 1 1= -'� Release of All Claims File Number C-070004 1n sole consideration of the payment of thirteen tfiousand dollars and no cents (S13,OOQ.001, to us paid in hand, we do here6y release and forever discharge the City of Saint Paul, the Saint Paul Police Department, Robert J. Kosloske, their representatives, successors, assigns and all other persons, f+rms and corporations from any fiability, 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, {oss or injury sustained by Christopher A. Mondry arising from an automobile accident which took place on or about the 14"' day of December, 2006 at or near Osceofa near St. Cfair, Saint Paul, MN. We understand that the injury to Christopher may be permanent 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. We acknowledge that we have consulted with an attorney and that payment to us shall inctude our attorney of record, Walter M. Kaminsky of Lindell & Lavoie. By accepting this settlement it is agreed and understood that #he undersigned are responsible for any past, present or future medical treatment, paid or Unpaid, known or unknown, from any and alI physicians, chiropractors, ambulance, pharmacy providers, diagnostic facilities, or other treatment or care facility. 1t is also understood that any claims for loss of consortium by Jessica Tani, his wife, are being settled as it pertains to the in}ury sustained by Ghristopher A. Mondry, and that by signing below, Jessica Tani is noi releasing any claims she may have fior her own injuries against the above parties. The payment of this money is not to be construed as an admission of liability. It represents oniy the compromise of a doubtful and disputed claim. This release contains the entire agreement between the parties hereto, and the terms of this release are contractuaf and not a mere recital. THE UNDERSIGNED PARTIES IiAVE READ THE FOREGOING AND FULLY UNDERSTAPJD iT, and sign this document on the _�3J�'� __ day of /j� �� �-- _ , 2008. Subscri6ed and sworn to before me this �G� day od 1� �� t— , 20 �� , ��% / t. ~ Notary P i � WALTEA M KAMWSKY NetarY PubNo Minneeota MY Commisston Ekphes January 31. 201� �/� 4 //�� Christopher A. Mondry �