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