Release of All Civil Claims Related to 999 Maquoketa Drive Copyrighted
October 1, 2018
City of Dubuque Consent Items # 17.
ITEM TITLE: Release of All Civil Claims Related to 999 Maquoketa Drive
SUMMARY: City Manager recommending approval of a Settlement
Agreement and Release of All Claims between the City of
Dubuque and Michael and Angela Friederick for civil claims.
RESOLUTION Approving a Settlement Agreement and
Release of Claims between Michael and Angela Friederick
and the City of Dubuque for release of all civil claims
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Release of Civil Claims Related to 999 Maquoketa City Manager Memo
Dri�-NNM Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Release of All Civil Claims Related to 999 Maquoketa Drive
DATE: September 21 , 2018
Assistant City Attorney Maureen Quann recommends City Council approval of a
Settlement Agreement and Release of All Claims between the City of Dubuque and
Michael and Angela Friederick for civil claims.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
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Attachment
cc: Crenna Brumwell, City Attorney
Maureen Quann, Assistant City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
THE CITY OF Dubuque
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MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY �
To: Mike Van Milligen, City Manager
DATE: September 18, 2018
RE: Release of All Civil Claims Related to 999 Maquoketa Drive
Introduction
This memorandum presents for consideration a settlement agreement and release of all
claims (Agreement) between the City of Dubuque (City) and Michael and Angela
Friederick for civil claims arising from or related to the investigation and criminal
charges at 999 Maquoketa Drive in exchange for a payment from the Friedericks.
Background
In the summer of 2016, the Engineering, Utility Billing, Water, Police departments, and I
started investigating unpaid water consumption at bulk water meter at 999 Maquoketa
Drive in Dubuque. After approximately a year of investigation, criminal charges related
to the unpaid water consumption were filed with the County Attorney's Office on August
2, 2017. Mr. Friederick entered an Alford Plea on April 12, 2018, the terms of which
included restitution to the City in the amount of $110,000.00.
Discussion
Although the City received $110,000.00 in restitution in the criminal proceeding, lowa
Code Section 910.8 allows the City to pursue civil recovery as well. In exchange for a
release of all civil claims related to the unpaid water consumption at 999 Maquoketa �
Drive, the Friedericks offered to pay the City an additional $12,500.00. If the City
agrees, the total restitution paid to the City will be $122,500.00.
The Agreement is attached for your reference. I
Recommendation
I recommend presentation of this Agreement on a City Council consent agenda for
approval.
MAQ:jmm
Attachments
Cc: Crenna Brumwell, City Attorney
2
RESOLUTION NO. 289-18
APPROVING A SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
BETWEEN MICHAEL AND ANGELA FRIEDERICK AND THE CITY OF DUBUQUE •
FOR RELEASE OF ALL CIVIL CLAIMS
WHEREAS, Michael Friederick was the water account holder for a bulk meter
servicing a mobile home park at 999 Maquoketa Drive, in Dubuque, Iowa; and
WHEREAS, the City of Dubuque, Iowa, hereinafter called "City" or "the City" provided
water to 999 Maquoketa Drive through the City's water distribution system; and
WHEREAS, disputes arose between the City and the Friedericks regarding unpaid
water consumption at 999 Maquoketa Drive; and
WHEREAS, to avoid further expense and the uncertainty of civil litigation, the parties
have reached a settlement that resolves their disputes and the civil litigation and the
parties desire to memorialize the terms and conditions thereof in the attached
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Settlement Agreement is approved on behalf of the City of Dubuque.
The Mayor and City Clerk are authorized to execute the Settlement Agreement and
Release of Claims.
Section 2. The City Manager, City Attorney, and the City's legal counsel are hereby
authorized to take all necessary actions to execute the Settlement Agreement and
Release of Claims.
Passed, approved and adopted this 1St day of October 2018.
Attest:
Ke?rinJS. Firnstafil, Ci Clerk
Luis Del .ro, Mayor Pro Tem
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
This Settlement Agreement and General Release ("Agreement") is made and
entered into by and between Michael Friederick & Angela Friederick individually and on
behalf of their heirs, executors, guardians, administrators, attorneys, 5llll,CJJVrs and
assigns, and each of them jointly and severally (herein collectively called "Friederick")
and the City of Dubuque, on behalf of itself, affiliated, predecessor, subsidiary or other
related organizations and/or companies and/or facilities, and attorneys, agents,
employees, officers, directors, shareholders, members, successors, assigns, and
insurers, and each of them, jointly and severally (herein singularly and collectively called
"City of Dubuque"), who all agree to be bound by all the terms and conditions hereof.
Friederick and the City of Dubuque may also be referred to herein individually as a
"Party" or collectively as the "Parties."
WHEREAS, on April 11, 2018, Michael Friederick entered an Alford Guilty Plea
to Theft in the Fourth Degree in Dubuque County Case Number FECR124764; and
WHEREAS, the City of Dubuque entered a restitution claim in FECR124764 that
did not fully satisfy the City of Dubuque's claims against Friederick; and
WHEREAS, the Parties wish to amicably resolve the matters raised in
FECR124764 and any and all actual or potential claims by the City of Dubuque related
thereto, and certain other matters related thereto without any admission or findings of
liability, guilt, responsibility or otherwise.
NOW THEREFORE, in consideration for the promises set forth herein, the
receipt and sufficiency of which is hereby acknowledged, and intending to be bound
legally hereby, the Parties agree as follows:
1. Release by the City of Dubuque. Except as otherwise provided herein, the City
of Dubuque and for its, assigns, agents, attorneys, insurers, executors,
administrators, and representatives, releases, acquits and forever discharges
Friederick and Friederick's past and present assigns, partners, parents,
subsidiaries, affiliates, related companies, predecessors, successors, agents,
employees, attorneys, insurers, reinsurers, and representatives (collectively
"Releasees"), none of whom admit any liability, but all of whom expressly deny
any liability, from any and all claims, actions, causes of action (whether arising in
contract, tort, by statute or otherwise), demands, debts, liabilities, rights,
damages, costs, loss of services, expenses, compensation, third -party actions,
suits at law or in equity, including claims or suits for contribution and/or
indemnity, of whatever nature, including all consequential, exemplary, or punitive
damages, that could have been brought in a lawsuit or which relate to, arise out
of, or in any way result from any matters in connection with FECR124764, as of
the Effective Date of this Agreement (except any claims under federal and state
law that may not be released as a matter of law).
Friederick agrees, understands, and acknowledges that, except as expressly
stated herein, any and all claims relating to, arising out of, or in any way resulting
from FECR124764 (except any claims under federal and state law that may not
be released as a matter of law) which the City of Dubuque has, had, or might
have had against Friederick and any other Releasees, up to the Effective Date of
this Agreement, are fully released and discharged by this Agreement. The
"Effective Date" is the date below on which the City of Dubuque executes this
Agreement.
2. Action by Friederick. In further consideration for the releases as set forth in
paragraph 1, Friederick will make a single $12,500.00 (Twelve Thousand. Five
Hundred Dollars and no/100) payment to or on behalf of The City of Dubuque
upon the parties' execution of this Agreement.
3. No Admission of Liability. This Agreement is a compromise and settlement of
disputed claims being released in paragraph 1 and therefore this Agreement and
the consideration provided for in the Agreement do not constitute an admission of
liability, guilt or responsibility on the part of Friederick or any other Releasee, or
an admission, directly or by implication, that Friederick or any other Releasee
have violated any law, rule, regulation, policy, or any contractual right or other
obligation outside of his Alford Plea Negotiations in FECR124764. The Parties
intend merely to avoid litigation.
No Further Claims. The City of Dubuque expressly agrees that neither the City
nor its assigns, legatees, devisees, or any other agents or representatives, has
or will institute any legal or administrative proceedings against Friederick or their
respective past and present assigns, partners, parents, subsidiaries, affiliates,
related companies, predecessors, successors, agents, partners, employees,
attorneys, heirs, legatees, devisees, insurers and representatives before any
court, administrative agency, arbitrator or any other tribunal whatsoever, by
reason of any matter released in paragraph 1, and that if any court,
administrative agency, arbitrator or any other tribunal assumes jurisdiction of any
complaints, claims, or actions by reason of any matter released in paragraph 1
against Friederick by or on behalf the City of Dubuque arising out of any act or
omission occurring before the City of Dubuque's execution of this Agreement, the
City of Dubuque will request that the agency or court withdraw the matter or
dismiss the matter in its entirety, with prejudice, and will execute all necessary
documents to effect such withdrawal and/or dismissal with prejudice.
5. Extinguishment of All Claims, Known or Unknown. The City of Dubuque
expressly acknowledges that this Agreement is intended to include in its effect,
without limitation, all claims relating to, arising out of, or in any way resulting from
FECR124764 which have arisen and of which the City of Dubuque knows or
does not know, should have known, had reason to know or suspects to exist in
the City of Dubuque's favor at the time of execution hereof, and that this
Settlement Agreement and General Release contemplates the extinguishment of
any such claim or claims.
6. Entire Agreement. This Agreement constitutes the entire written agreement
between the Parties. There are no other agreements, whether oral or written,
modifying its terms. This Agreement supersedes any and all prior 'written or oral
settlement agreements between the Parties with respect to the Lawsuit and the
matters released herein. The terms of this Agreement can only be modified by a
writing signed by the Parties expressly stating that such modification is intended.
7. Governing Law. This Agreement shall be construed in accordance with, and be
deemed governed by, the laws of the State of Iowa.
8. Cooperation in Executing Settlement Documentation. The Parties shall
execute any and all further documents that may be required to effectuate the
purposes of the Agreement.
9. Binding on Successors. This Agreement shall be binding upon and shall inure
to the benefit of the Parties and their respective successors, assigns, heirs,
executors, administrators, agents, and representatives.
10. Severability. The invalidity of any provision of this Agreement as determined by
a court of competent jurisdiction shall in no way affect the validity of any other
provision hereof.
11. Contractual Terms. The Parties agree that the terms of this Agreement are
contractual and not mere recitals.
12. Effective Date. The "Effective Date" of this Agreement shall be the date on
which this Agreement has been signed by the City of Dubuque.
13. Modifications. No breach of any provision of this Agreement can be waived
unless in writing. Waiver of any one breach shall not be deemed to be a waiver of
any other breach of the same or any other provision of this Agreement.
14. Construction. This Agreement shall not be interpreted for or against any Party
on the basis that such Party or its legal representatives caused part or all of this
Agreement to be drafted.
15. Redisclosure. The City of Dubuque is a municipal corporation and political
subdivision of the state of Iowa. Consequently, the City of Dubuque is subject to
state and federal open meetings and public records laws, including but not
limited to Chapter 22 of the Iowa Code and the Freedom of Information Act. If
the City of Dubuque discloses this Agreement pursuant to open meetings
requirements or a public records request, such disclosure will not constitute a
breach of this Agreement. However, the City of Dubuque agrees to provide
Friederick with prompt written notice of any claim, demand, discovery request,
subpoena, order, or similar request delivered to, served on, or brought by any
third party seeking disclosure of this Agreement (excluding its disclosure on the
City Council meeting agenda at which this Agreement will be approved), with
such notice to be provided in a time and fashion sufficient to permit Friederick to
act to prevent disclosure of this Agreement.
16. This Agreement is subject to City Council approval and must be approved by the
City of Dubuque City Council in an open meeting of the City of Dubuque City
Council. Consequently, in order to comply with Iowa law, this Agreement will be
featured on the agenda for the City Council meeting at which it will be approved.
Signed on the 1stday of October
, 2018 by:
13 1, .F Luis Del
Attested by:
Toro, Mayor Pro Tem
Firnsta
Signed on the / day of
Michael Friederick
Ange1"a Friederick