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Claim by Tim Kelly- r _ CLAIM AGAINST THE CITY OF DUBUQUE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The claim must be filed with the City Clerk at City Hall, 50 West 13th St., Dubuque, IA 52001. It will then be referred to the appropriate department for investigation and to the City Attorney's Office. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. The final decision on all claims is made by the City Council. No employee of the City of Dubuque has the authority to make any representation to you as to whether your claim will or will not be paid. 1. Name cf Claimant: Tim Kelly 2. Add ress:,2770 White St. Dubuque 3. Telephone Number j~ ~ y/~ ~.//~~ 4. Date of Incident: _~ ~ 7 ' ~ g 5. Time of Incident: ~"- 1~ ~~ 6. Location of Incident (B,e specific): 22 Central in front of Knickers Tap ~ C~e~ `~iicx 1 ~ n ~/c~ ~~ ~ ~ ~A l~ 7. Describe the accident or occurrence that caused injury or damage. (Give full details upon which you base your claim. If a City employee was involved, give the employee's ~r~rr~ ) 8. What were weather conditions like? r -T~-~ ~ 9: Give name and address of any witnesses: ~---~ 10. Did police investigate? (If so, give names of officers.) 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage. G~~~ ~~~ ~ iri~~~ L,~ 1 ~ Dt~ P~SS~,~car~~ 51~~ 13. What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company a~iu amount paid.) _ t 15. What amount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible? ^ - - , , /r r 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated this day of ~ 7 _ ___ _ _, 20~ =~~ ( ignature) ~.---T ( tint Name) E7 ~ ~ 7 ~ -~cj T ~ ~ rn ~ ,- ~ ~ ~~ ~, ~~: ' -v ~ 1 ~- ;;~= .. i cp - 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). Abra Auto Glass 3400 Center Grove Dr. Dubuque, IA 52003 (563) 556-0696 /Fax (563) 556-1899 Fed. ID# 42078224 TIM KELLY 2770 WHITE ST DUBUQUE, IA 52001 (563) 495-1159 Inv. # Quote #001016 Date 04/28/2008 Cust. # 4951159 Biucode WI P.O. # Sold By Fed. Tax # Inst'I By Year 1982 Make FORD policy # Model MUSTANG Body Sryle 2 DOOR HATCHBACK Author- ized By Lic. # V.I.N. Claim # Loss Date 04/28/2UU8 p oue (563) 495-1159 Phone O - Cause / Qty. part Description Block Size List Price Total 1 DW00900GBNN Windshield 26.5x57.5 184.00 159.00 159.00 1 LABOR Labor 1.80 hours 20.00 20.00 1 HAH000004 2.0 Urethane, Dam, Primer 20.00 20.00 20.00 SPECIAL INSTRUCTIONS Subtotal 179.00 Labor 20.00 All material sold on this invoice is guaranteed to be as specified, and is not saferi Blazed material unless so marked. Tax 13.93 [t is sold with the understanding that this material will not be Blazed in a "hazardous location" as defined by the Total 212 93 Consumer Product Saferi Commission. All merchandise returned for credit, refund or exchange must be in resaleable . condition, authorized for return, accompanied by this receipt, and may be subject to restocking fee. No returns will be authorized for special orders or cut flat glass. Balance 212.93 RECEIVED BY The glass listed has been replaced / renaired with like kind and quality to my entire satisfaction, and I authorize my Insurance Company to pay Abra Auto Glass directly for the glass and installation charges, or repairs. AUTO GLASS CENTER 2828 UNIVERSITY AVE DUBUQUE, IA 52001-5674 (563) 556-0873 Remit To: AUTO GLASS CENTER, PO BOX 4927 DES MOINES, IA 50305-4927 Quote: RG11-12835042 Date: 04/28/2008 FederallD: 42-1513432 Phone: 1 X00-942-0012 Account: 319989 Agent: PO#: Time: 11:10:25 AM Adv Code: WALK IN CL Salesman ID: 51 Unit: Taken By: JAS Installed By: Bill To: Sold To: KELLY, TIM 2770 WHITE ST DUBUQUE, IA 52001-1969 CELL PHONE: (583) 495-1159 Insurance Co: Policy#: Ins Co Phone: Claim#: Policy Name: Cause of Loss: Agent Name: Date of Loss: Agent Phone: Verified By: Year: 1982 Make: FORD Model: MUSTANG Doors: 2 DOOR HATCHBACK' Odometer: License: Vin: Oty LocaOon Part Number Vendor Description List Net Total 1 DW01095 GBN PPG WINDSHIELD GREEN TINT/BLUE SHAD 183.35 117.34 117.34 1 RETAIL LABOR MGM LA80R (1.8 HOURSI ON DW01095 GBN 100.00 65.00 65.00 1 HAH000004 MGM 2.0 ADHESIVE (URETHANE.DAM,PRIMER) 100.00 20.00 20.00 1 DISPOSAL FEE MGL DISPOSAL FEE 6.00 6.00 6.00 QUOTED PRICE HONORED FOR 30 DAYS Urethane Brand Part DOT # Urethane Lot # Safe Dr'rve Away Time , CERTIFICATE OF SATISFACTORY REPAIR new persan.nr n•d me •bow bs.:da,m.HOn .aa dxbrs m.f H,ev •n, Hue. i andem.nd m.f m wnd•nbld bwwma: my wnicl. Sub Total 5208.34 nnol be down defo~e ne •bow s.re Gme Aw.r rms. me viu: n.b~d m .bow n.. b.en mvbaed m my S.HM.aon, ,na 1 nerebv uHwdre Mymenl for Mis work b be rtwde d"vecHY b Aub Gbu CBnbf. Ml fuH udbmenl o(Hie hw,•n compenY s ablgedans undx ny poYCy far uid Lou,1 undershnd i em HnsncbHy resp•nsibb for any cn•,eea not mwred by tnb ep,eanent TaX 514.58 COMPLETED DATE INSTALLER Terms CUSTOMER'S SIGNATURE Total 5222.92 seRVicE cn.•ee iscxnuiEO ox • PE•ia•ic ••n: ov 3%vE• xi•m, wfcH n.N.x•u.l vE~Prt.•E n•rE of xA WARRANTY INFORMATION ^ AUTO GLASS installations carry a limited lifetime warcanty for water leakage and workmanship defects. Auto glass sold and installed by our company carries a 30 day warranty for unexplainable breakage. ^ Some glass installations require tape to be applied to painted surfaces. We are not responsible for paint that pulls loose from tape removal nor do we carry insurance to cover faulty paint. ^ PICKUP REAR SLIDING WINDOWS carry a one year warranty on parts and materials and a limited lifetime warranty on our workmanship. ^ RESEALS carry no warcanty. ^ RESET auto glass (not purchased from our company) carries a warranty, on our workmanship, for water leakage only. All warcanties are void if rust, deterioration, collision, tinting, or tampering occurs. All warranties apply only to the owner of the vehicle at the time of installation. Insulated glass units carry a 5 year manufacturers limited warranty for unit failure due to air or moisture penetration. Warranties apply to retail installations only. WINDSHIELD REPAIR WARRANTY We GUARANTEE 100 % customer satisfaction for as long as you own your vehicle. In the event you are not satisfied with your repair for any reason, we will credit the amount of the repair when you replace your windshield at curcent market value at any of our company service centers. Our repair process has been very successful. However, in the event the repair would fail in process, or you would be dissatisfied for any reason, our warranty would apply. Our warranty is limited to the cost of the repair only. Repair cost is credited toward the purchase of the new windshield at any of cur company shops. The majority of insurance companies waive deductibles for repair. However, if replacement is necessary your deductible may apply at the time of replacement. The repair process is an attempt to improve the condition of your present damage. Your present windshield damage could spread further at any time. If you are not completely satisfied, or the repaired damage still interferes with your vision, please notify us at your earliest convenience. I have read and understand all of the above.... DATE (This section applies only when original job was not performed by our company.) ABSENCE OF OBLIGATION I, the undersigned, understand that we the company assume absolutely no responsibility for the glass if it should be broken or damaged while performing their service. They have advised me that my insurance does not cover breakage or damage to the glass caused by them during the performance of service. Also, they have advised me that they have no insurance to cover breakage or damage to the glass while the work is being performed. Signature Date Witnessed by: SIGNATURE This Warrerrty will be honored by Seller at all locations where Seller mnduds business, upon presentation of this WanaMy. It shall be the responsibility of Purchaser to bring the vehiGe to one of Sellers business locations. Purchaser will be required to show proof of ownership of the vehiGe. LIMITATION OF WARRANTY. DAMAGE DUE TO COLLISION, NEGLIGENCE, VANDALISM, THEFT AND NATURAL DISASTERS ARE SPECIFICALLY EXCLUDED FROM THIS WARRANTY. ANV IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS. SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LIMITATION OF DAMAGES. IN NO CASE SHALL SELLER BE LIABLE FOR ANV SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE WINDSHIELD OR ANV ASSOCIATED EQUIPMENT, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, THE CLAIMS OF THIRD PARTIES AND INJURY TO PROPERTY. SOME STATES DO NOTALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO VDU. This W artanty give you sprcific legal ripJris, and you may also have uthv rights