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38 <br /> CITY OF ST. ANTHONY <br /> • <br /> RESOLUTION 01-048 <br /> RESOLUTION AUTHORIZING PAYMENT OF DAMAGES <br /> FOR SANITARY SEWER BACKUPS ASSOCIATED WITH THE 29T" AVENUE <br /> STREET RECONSTRUCTION PROJECT <br /> WHEREAS, The City of St. Anthony ("the City") took a public improvement project <br /> associated with the reconstruction of 29`'' Avenue (WSB Project No. 1065- <br /> 26); <br /> WHEREAS, On September 2, and July 9, 2000 sanitary sewer backups occurred in <br /> conjunction with the construction; <br /> WHEREAS, Certain persons living in the vicinity of the project have made claims <br /> against the City, which total $32,695.89; <br /> WHEREAS, The City has asserted that the contractor for the project, Barbarossa & Sons, <br /> Inc., is obligated to hold harmless and indemnify the City with regard to the . <br /> • said claims; <br /> WHEREAS, Barbarossa & Sons, Inc. has denied liability; <br /> WHEREAS, St. Paul Companies, the insurance provider for Barbarossa & Sons, Inc., has <br /> agreed that it will provide an independent third party claims adjustment for <br /> all claims arising out of the sanitary sewer backups and that it will pay 50% <br /> of the adjusted claims; and <br /> WHEREAS, The City believes that it is in its best interest to settle the claims, to avoid <br /> further exposure and amicably resolve them, without the expense of <br /> litigation and other forms of dispute resolution. <br /> NOW, THEREFORE, BE IT RESOLVED, by the City Council of the-City of St. <br /> Anthony, as follows: <br /> 1. The City agrees that payments up to 50% of the amount of the claims, as <br /> adjusted by the third party claims adjustment by St. Paul Companies, may <br /> be paid, and are authorized, in exchange for releases executed by the <br /> claimants (in a form approved by the City's attorney). Under no <br /> circumstances shall the City's total payments exceed $16,347.95. <br />