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Signed Contracts_Villa Wall Settlement Copyrighted August 21, 2023 City of Dubuque Consent Items # 018. City Council Meeting ITEM TITLE: Signed Contracts SUM MARY: Jeremy Biedermann,Andrea Biedermann, Allen Sawell, and Farm Bureau Financial Services for Villa Wall Settlement SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Villa Wall Settlement Supporting Documentation Claim No.: A842960P00 RELEASE OF A SPECIFIC CLAIM AGAINST A POLICY OP INSURANCE IN CONSIDERATION OF the payment to The City of Dubuque In the sum of forty-two thousand, flve hundred sixty-eight dollars and elnht cents (842,688.08) le allocated for the repair of the retaining wall ;the reoelpt of which Is acknowledged of the promise of payment to the undersigned of benefits In accordance with the items sat forth below; the underelgned, The City of Dubuque , hereby release and forever discharges Jeremy Bledermann, Andrea Bledermann, Allen Sawvell, and Farm Bureau Flnenolal Services (hereafter "Company") of any end ell claims, actions, expenses and compensation against Polley Number 8230208 on account of any and all known and unknown property damage resulting from, to result from, or in any way relating to a loss, reported to have occurred on or about the$.{hdayof July, 2022, Thls release is of any and all Balms; including, but not limited to, inlurles, damages to buildings, machinery, personal property, stock, debris removal, business Income and additional. expenses, This release Is fully binding on, The City of Dubuque and Its past, present and' future subsidiaries, affiliates, partnere, predecessors, suocessors Ininterest, assigns and any other entity which may be listed as an additional Insured under Policy Number 8230208, It Is agreed and understood that this release Is for a settlement between The city of Dubuque and the Company, which le a compromise of a claim of coverage under Polloy Number $230208=It le further agreed and underetood that thle release and payment Is not to be construed as a waiver orestoppel of the Company to prosecute a claim or action for any damages sustained, Breakdown of payment; $42,688.08 payable to The Clty of Dubuque for et Id wall repair expenses, This releaaa edntains the entire agreement betWeen the parties, and the terms of this release are contractual and not a mere recital, The undersigned further stales thathe/she has carefully read the foregoing release and knows Its contents; that he/she sign the "same as his/her own free abj WITNESS hand and seal this c day`of; CAUTION: THIS IS A RELEASE OF ALL CLAIMS AND INDEMNITY AGREEMENT. READ CAREFULLY BEFORE SIGNING. Date NOTARY: Sete of O (AY& ;. County of On this sal l 47. dayof,Se )C.,✓' , 20 Vlft't rk who Is known to be the person(s) rWnied herein cq-11a98 (11.99) (Laser) efore nlfb appeared nd who voluntarily executed this release. ;SS 6102silaaly gnaturo Commission Expires y r rson who knowingly files a statement of claim containing any false or misleading nformatlon Is subject to criminal and olvll penalties, See the attached addendum for specific state fraud warnings. CQ:•1169e(11.99) (Lesor) FARM BUREAU PROPERTY & CASUALTY INSURANCE COMPANY THIS CHECK IS FOR: KANE NORBY AND REDDICK PC 2100 ASBURY ROAD SUITE 2 Dubuque IA 52001 Line Unit at Number Risk A842960P02 2020 RAM 1500 C PD Coverage P & C CLAIMS - ALL LINES INSURED JEREMY L BIEDERMANN CLAIMANT CITY OF DUBUQUE ADJ: Heather Palmer DATE OF LOSS 07/04/2022 CLAIM # A842960P00 CHECK NUMBER 0102501449 CHECK DATE 09/22/2023 CHECK AMT $42,568.08 Narrative Amount Property Damage $42,568.08 THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK. �_ _- HOLD AT AN ANGLE TO VIEW. DO NOT CASH IF NOT PRESENT. FARM BUREAU PROPERTY & CASUALTY INSURANCE COMPANY 5400 University Avenue; West Des Moines, Iowa 50266-5950 POLICY 08230208 D/L 07/04/2022 CLAIM A842960P00 INSURED JEREMY L BIEDERMANN CLAIMANT CITY OF DUBUQ ADJ: Heather Palmer Property Damage PAY TO THE ORDER OF :Forty -Two Thousand Five Hundred Sixty -Eight and 682100ths'Dollars'x E�GRTIEd60 2E69 F"" CITY OF DUBUQUE U.S. BANK 56-503/422 09/22/2023 0102501449 VOID OVER $42,568.08 VOID IF NOT CASHED MTHIN 186 11'0L0250L449" 1:0422050381: L30LLL6729L60 Brian J. Kane Les V. Rcddick Brad J. I-Ieying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Joseph P. Kane Nicholas J. Kane David J. Kane All admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IOWA 52001-3091 September 27, 2023 Barry A. Lindahl City Attorney's Office Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 Retired: Gary K. Norby Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: ttevenson@kanenorbylaw.coni RE: VILLA WALL DAMAGE SETTLEMENT WITH FARM BUREAU INSURANCE Dear Barry: Enclosed please find the check from Farm Bureau Property & Casualty Insurance Company in the amount of $42,568.08 for the Villa wall damage repairs. We also enclose a copy of the Release. This matter is now concluded, and we will be closing our file. As always, should you have any questions please contact us. Very truly yours, KANE, NORBY & REDDICK, P.C. By \1 Todd L. Stevenson TLS:bmo Encs. cc: Crenna M. Brumwell