Loading...
Settlement Agreement with Gary Stepflug and 2G2City of Dubuque Consent Items # 2. City Council Meeting ITEM TITLE: Notice of Claims and Suits SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Copyrighted July 6, 2021 Dustin McGonigle - Section 1983; J.B. Priest for property damage; Douglas Spyrison for property damage; Jane Thorne and Michael Thorne for vehicle damage; Settlement Agreement and Mutual Release of All Claims between HACAP / Operation New View and Gary Stelpflug/2G2, LLC. Suggested Disposition: Receive and File; Refer to City Attorney Claim by Dustin McGonigle Claim by J.B. Priest Claim by Douglas Spyrison Claim by Jane Thorne and Michael Thorne Settlement with Gary Stepflug and 2G2 Letter and Settlement Agreement Stepf lug and 2G2 Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Staff Memo Supporting Documentation THE CITY OF DUB E Masterpiece on the Mississippi CRENNA M. BRUMWELL, EsQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: June 28, 2021 RE: Settlement with Gary Stelpflug and 2G2, LLC Dubuque AII•Aneriea City V.LI:tNWL� IYk.I IN 3 �- 2007-2012.2013 2017*2019 The City of Dubuque was previously notified of a potential claim related to a lease between Operation New View and Gary Stelpflug/2G2, LLC due to the City's membership in the governance of Operation New View. Upon receipt the City Council was notified of the claim on a council agenda. HACAP, as the successor to Operation New View, entered into discussion with the landlord to explore resolution of the claim. Recently, the City was made aware of a Settlement Agreement and Mutual Release of All Claims between HACAP / Operation New View and the landlord which released any potential claim against all organizations previously put on notice, including the City of Dubuque. As the original notice appeared on a City Council agenda, the notification of release will be placed on the July 6, 2021 agenda. Thank you. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org Shuttleworth & IN GERSOLL: ATTORNEYS AT LAW • ESTABLISHED 1854 June 24, 2021 Crenna Brumwell City Attorney City of Dubuque cbrumwel@cityofdubuque. org RE: Settlement with Gary Stelpflug and 2G2, LLC Dear Ms. Brumwell: As a follow-up to our telephone conversation of June 23, 2021, attached is a Settlement Agreement between Jeff Hiatt's client and my client ending this matter. As we discussed the City of Dubuque is named as a released party. If you need anything further please let me know. Very truly yours, Steven J. Pace sji3@shuttleworthlaw.com SJP/bh Enclosure Cc: Jeff Hiatt jhiatt@cwcmlaw.com Shuttleworth & Ingersoll, P.L.C. Phone: 319.365.9461 Cedar Rapids Office Coralville Office PO Box 2107 Fax: 319.365.8443 115 3,d St. SE, Suite 500 327 2nd St., Suite 300 Cedar Rapids, IA 52406-2107 shuttleworthlaw.com Cedar Rapids, IA 52401 Coralville, IA 52241 SETT EMENT AGREEMM ANR MUTUAL RELEASE OF, ALL CLAIMS This Settlement Agreement and Mutual Release of All Claims is entered into by and between Gary Stelpflug and 202, LLC (collectively "Landlord") and Hawlceye .Area Community Action Program. C HACAP"). For and in consideration of the mutual promises and assurance, and other good and valuable consideration set forth herein, and pursuant to a settlement of all pending clairns reached through negotiations between counsel for the parties, the parties hereby AGREE: I . The parties have reached a settlement of this matter on or about May 18, 2021. The terms of the settlement between the parties are set Forth herein. 2. It is the intention of the parties pursuant to the settlement reached to settle any and all claims of any land or character that Landlord may have against HACAP and that HACAP may have against Landlord and other Released Parties arising out of the matters referred to herein. 3. HACAP will pay to Landlord the sum of Forty-five Thousand Dollars ($45,000) cash upon execution of this Settlement Agreement and Mutual Release of All Claims. The execution of the Settlement Agreement and Mutual Release of All Claims by Landlord shall serve as aclmowledgement that payment has been received by Landlord. 4. For and in consideration of the payment set forth above, HACAP hereby releases, acquits and forever discharges Landlord and Landlord hereby releases, acquits and forever discharges HACAP, Operation New View, Dubuque County, Iowa, Delaware County, Iowa, Jackson County, Iowa, City of Dubuque, Iowa, Iowa Department of Human Rights and all of their past and present employees, agents, representatives, parents, subsidiaries, affiliates, members, officials, insurers, reinsurers and attorneys ("Released Parties") from any and all liability whatsoever, including all claims, demands and causes of action of every nature which HACAP and Landlord respectively have, or may claim to have, arising out of any of the following: (a) A certain Amended and Restated Lease — Business Property related to property locally hown as 1473 Central Avenue, Dubuque, IA 52001, between Landlord and Operation New View, (the "Leased Premises") including certain space in a building known as the "Conlin Building". (b) The occupancy by Operation New View and/or HACAP of the aforesaid Leased Premises including certain space in a building known as the Conlin Building by Operation New View and/or HACAP at any time. (c) Any damage to Landlord's property allegedly caused by Released Parties at any time; (d) Any utility charges, fees, costs or bills incurred at any time by Released Parties and/or Landlord with respect to the Leased Premises; (e) Any acts or omissions by Released Parties at any time up to the date of this Settlement Agreement and Release in connection with the Leased Premises and the certain Amended and Restated Lease — Business Property; Any amounts allegedly due or claimed by Landlord against Released Parties by virtue of the rental of parking spaces adjacent to, or as part of, the Leased Premises at any time; (g) Any amounts allegedly due by any Released Party to another Released Party under any agreement of any kind or character between Operating New View and Landlord; (h) Any amounts allegedly due by any Released Party to another Released Party under any agreement of any kind or character between HACAP and Landlord; and (i) Anything arising directly or indirectly out of (a) — (h) above. 5. Each party to this Agreement expressly states and warrants that no third party is entitled to receive any of the funds being paid by Released Parties pursuant to this Settlement, and that there are no outstanding mortgages, liens, security interests, mechanic's liens, subrogation claims or other claims in favor of any person, firm, corporation or entity which would attach to or in any way constrain or encumber the funds being paid by Released Parties to Landlord. 6. The above sum is all that Landlord will receive from any Released Party, and no promise for any other or further consideration has been made to Landlord by anyone. CAUTION: THIS 1SARELEME-RKiADBEFORE S1GN1 Q-_1 DATED., w,' f ,2021 GARYeTELPFLUG 2G2, LLC BY - TITLE LANDLORD DATED: 2021 HAWKEYE AREA COMMUNITY ACTION PROqfAM BY: ly ME v ahz at&' TITLE HACAP kPPROVED AS 10 SUBSTANCE AND FORM, DATED: 2021 CLEMENS, WALTERS, CONLON, RUNDE & HIATTLL.P. DATED: Z'q Ae, 2021 m-m JEFF 14ATT �- 11TTO EYS FOR Landlord SHUTTLEWORTH & INGERSOLL, BY: STEVEN J. PACE ATTORNEYS FOR HACAP