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File #: 23-0301    Version: 1 Name: 3/6/23 Kosnoski Settlement Agreement
Type: Resolution Status: Passed
File created: 3/6/2023 In control: City Council
On agenda: 3/6/2023 Final action: 3/6/2023
Enactment date: 3/6/2023 Enactment #: R-23-071
Title: Resolution to Authorize Settlement of Claim by Jason Kosnoski
Attachments: 1. Kosnoski Settlement Agreement-Partially Executed.pdf


Resolution to Authorize Settlement of Claim by Jason Kosnoski


Prepared by:                       Jennifer Richards, Assistant City Attorney

Reviewed by:                       Atleen Kaur, City Attorney


Whereas, Jason Kosnoski has asserted a claim against the City alleging personal injuries and damages resulting from an incident on October 15, 2023 in which Jason Kosnoski suffered an injury to his ankle from stepping in a hole while running on Brooks Street;


Whereas, The City disputes the claim and that it is responsible for the incident or resulting injury and damages;


Whereas, The parties now desire to settle and resolve the disputed claim and without an admission of liability on the part of any party, wherein the City will pay $15,000.00 to Jason Kosnoski in exchange for a settlement agreement and a release of all claims against the City; and


Whereas, The City Attorney’s Office has advised City Council on this matter in an attorney-client privileged and confidential Legal Advice Memorandum dated February 21, 2023;


RESOLVED, That City Council authorizes the City Attorney to fully resolve the claims by Jason Kosnoski for a payment of $15,500.00 from the Major Street Fund, contingent on the receipt of a settlement agreement and release of all claims acceptable to the City Attorney; and


RESOLVED, That the Mayor, Clerk, City Administrator and City Attorney are authorized to take actions to implement this resolution, including signing a settlement agreement.