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Claim by Nancy GoeckeTHE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL 43',p To: Mayor Roy D. Buol and Members of the City Council DATE: August 10, 2010 RE: Claim Against the City of Dubuque by Nancy Goecke Claimant Date of Claim Date of Loss Nature of Claim Nancy Goecke 08/10/10 07/23 & 07/24/10 Property Damage This is a claim in which claimant alleges that her basement was flooded with water and waste after the heavy rainfalls of July 23 and July 24, 2010. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. cc: Michael C. Van Milligen, City Manager John Klostermann, Street & Sewer Maintenance Supervisor Gus Psihoyos, City Engineer Nancy Goecke OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL tsteckle @cityofdubuque.org 7 L.12.-WV L iv WA C CLAIM AGAINST THE CITY OF DUBUQUE, I O� 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 13 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. J 1. Name of Claimant: G L F v- / V AWG 6.-6E (....Ake 2. Address: 10 /(7 V) h j c 5-1 3. Telephone Number 3 3 ,5/3 - 6 4. Date of Incident: 5. Time of Incident: ✓ (,� a�f Lt./ ) 4I 6. Location of Incident (Be specific): / 1j 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 name.) 8. What were weather c ditions like? 9. Give name an A l addre s of - witne ses: 10. Did ' ve�e? (If so, giv ; names of •fficers.) Itk 0 /L � ,_' , ._• _ ice__ / 44. 1=1,1 itPj, e7 / — /d 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 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.) 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 and amount paid.) 15. What amount do you laim rom the City of Dubuque? 2 16. Why do you claim the City of Dubuque is responsible? 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 amouryf? Dated this b day of (Signature) - , � (Print Name) ( ) rn C) ,rn 0 14: Ic-(t -jJ 1660 John F Kennedy tso 2610 White St #3 Dubuque IA 52002 -5106 Dubuque IA 52001 -3350 (563) 588 -9000 LOC: 1325 -M (563) 513-0861 MAP CODE: 201 RT: 01 RENTAL- PURCHASE DISCLOSURES The following disclosures are required by the Iowa Rental- Purchase Act to help you understand the terms of your rental - purchase agreement. 1. DESCRIPTION OF LEASED PROPERTY: YEAR NEW USED ITEM QTY MODEL# SERIAL# 2009 USED 0132505376 1 WTW5100VQ CY0732442 2010 USED 0132505847 1 WED5100VQ MY5085835 2. CASH PRICE: $370.31 Lessee Initial This is the price at which we would sell the leased property listed above to buyer on the date of this agreement. 3. TOTAL OF SCHEDULED PAYMENTS: $740..61 Weeldy Lessee Initial The total of scheduled payments means the total dollar amount of lease payments you will have to make to own the property. This total does not include additional charges which might be made during the agreement such as late payment charges or the optional liability damage waiver fee. See the remainder of the contract for an explanation of these charges. Free rent allowance will not reduce total rent or purchase- option amounts. Sales taxes are subjec to change in the applicable tax rate. Weekly If you choose to obtain ownership through weekly rental, you will make 40 payments: the initial rental payment of $.00 , 38 weekly payments of $18.99 and a final payment of $18.99 total of $740.61 in rent and sales tax of $51.87 for a Total Cost of $792.48 . Semi- If you choose to obtain ownership through semi - monthly rental, you will make 19 payments: Monthly the initial rental payment of $.00 , 17 semi - monthly payments of $41.11 and a final pay of $41.11 for a total of $739.98 in rent and sales tax of $51.84 for a Total Cost of $791. Monthly If you choose to obtain ownership through monthly rental, you will make 10 payments: the initial rental payment of $.00 8 monthly payments of $82.27 and a final payment of $82.21 total of $740.43 in rent and sales tax of $51.84 for a Total Cost of $792.27 . Payments will begin on Jul 26, 2010 and each renewal will be done on the Monday of each Week TOTAL: 4. INITIAL PAYMENT: A. Rental Payment: $.00 C. Optional Liability Waiver Fee: $.00 $.00 Tax: $.00 D. Tax on Optional Waiver Fee: $.00 5. OWNERSHIP AND LIABILITY FOR DAMAGE OR LOSS: You will not own the property until you have made all of the payments above (unless you choose to "buy -out" early as explained below). If the property is lost, stolen, damaged or destroyed, you will be responsible for the fair market value of the property at the time of the loss or damage. 6. ARBITRATION: An Arbitration Agreement comes with and is incorporated into this rental purchase agree You should read the Arbitration Agreement before signing this agreement. NOTICE TO LESSEE - READ BEFORE SIGNING 1. DO NOT AGREEMENT, AND ANY WRITING ON THE REVERSE SIDE, EVEN IF OTHERWISE ADVISED. THE ARBIT AG RE , 2. DO NOT SIGN THIS IF IT HAS ANY BLANK SPACES. 3. YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. 4. ANYTIME AFTER YOU HAVE MADE YOUR FIRST WEEKLY/SEMI- MONTHLY/MONTHLY PAYMENT YOU HAVE THE RIGHT TO EXERCISE AN "EARLY BUY -OUT" OPTION AS PROVIDED IN THIS AGREEMENT. IF YOU CHOOSE THE EARLY BUY -OUT, THIS OPTION MAY RESULT IN A REDUCTION OF YOUR TOTAL COE TO ACQUIRE OWNERSHIP. IF YOU BUY -OUT EARLY, YOU WILL PAY: ( "CASH PRICE ") minus (AMOUNT OF LEASE PAYMENTS THAT YOU HAVE PAID ALREADY multiplied by 50%) = Early buy out option price. In addition, you may purchase the property within the first 90 days after the date of this agreement by payi an amount equal to the Cash Price minus the total of all rental payments (excluding tax) made by you, plu. 5. IF YOU CHOOSE TO MAKE WEEKLY OR SEMI - MONTHLY RATHER THAN MONTHLY PAYMENTS AND YO USE YO� i EARLY BU�UT OPTION, YOU MAY PAY MORE FOR THE LEASER PROPER / /� LESSEE / / � ' DATE: ' > U LESSEE DATE: LESSOR. DATE: Rental contract pledged as collateral security to Chase Manhattan Bank as an administrative agent for the Bank group. IA 08/04 E -Mail GJ r Wet( Phone , 3 _ 01 r3 Home Phone — Cr if- 6 + We hereby propose: ❑ To fumish and install the following listed products. All work to be performed by professional technicians according to standard work practice and codes as set forth in this proposal. FUR �.r !i— h9adei� OP ❑ ❑ ❑❑ A B ❑ LI ❑ ❑ ❑ ❑ ❑ ❑ Other Other Total Cost after Rebate(s)1 Discounts) This Proposal is valid for 4 1 FILT ON 1" Throwaway ❑ 4" - 5" High Efficiency Media Filter ❑ 0 HUMIDIFIER Model PIPING Condensate drain hook -up to existing cC Condensate pump ❑ New ❑ Existing Refrigerant copper lineset - Nitrogen tested ❑ New ❑ Existing ❑ ❑ Gas piping package - gas valve, union, drip tep is ❑ Gas pipe from %sf° fi3�C ❑ ID La Gas pipe pressure test ❑ dapt to existing PVC ventin ❑ New concentric termination Itd'C� ❑ New PVC pipe to ad5 f. - of house. 0 metal pipe to existing lined chimney ❑ ❑ New inch chimney liner assuming existing chimney is straight and can be lined AIR DISTRIBUTION Plenum modifications Supply 0 Retum ❑ New supply plenum New Return Drop w r n^ New supply diffuser(s): ceiling 0.4 y sidewall floor G <r*.. ( ; New retum grille(s): ceiling sidewall Flexible radial piping ❑ Non insulated ❑ Insulated with vapor barrier floor ❑ OPTION A (initial) �� °- Amount due Patterson, Inc. $ a Utility Company Rebate (elec) $ Utility Company Rebate (gas) $ Manufacturer Rebate/Discount $ Other 5 s r- $ $ / NOTES /a.� \ e Customer Signature Date days. / C5 u $ f b • (( C 4 ) r r 4-a. NB FURNACE Model /T ` ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ A B ❑ ❑ ❑C ❑❑ Company Signatu Digital programmable thermostat .- 4,5 e. err • - f so Easy to see non - programmable thermostat Humidistat Control wiring New weatherproof disconnect with flexible connector L3 Condenser wall bracket 0 Condenser pad 0 New ❑ Existing gerant filter drier I work done in accordance with existing codes equired permits Re oval of existing equipment from the premises W ther resistant vibration proof isolation pads ork to be done in a neat and professional manner Clean up premises and remove debris at conclusion of each day's work hour emergency.service ❑ ❑ Condenser cover ❑ Compressor ❑ Condenser ❑ Evap tor Coil umace OPTION B (Initial) nt due Patterson. Inc. UtiIi Company Rebate (elec) Utility Company Rebate (gas) Manufacturer Rebate/Discount Other .S 4 1% Other Other Total Cost after Rebate(s) 1 Discount(s) jr 7•- (Color) A B 1 year Patterson Parts and Labor Warranty Manufacturer Warranty: Parts Labor yrs—yrs. Yrs. yrs. yrs._.Yrs. _1• yrs. =yrs. xrty� eat Exchanger ifetimg _ µN j U Optional Coverage�� � r rr�r c� et" n ❑ — years rrfanufacturer labor warranty on Fumace ' A"' ❑ _ years manufacturer labor warranty on 1R 1 'Ili 1 have authority to order the work outlined above. I agree that the Seller retains title to equipment fumished until final payment is made. If payment is not made as agreed, Seller can remove said equipment / materials at Seller's expense. Any damage resulting fr . id removal h . 1 no the responsibility of S Seller. Date y BP10 • jor4il SERvIcEONE® v 1, 44 f ..� D _� - • y Date ... , t. . � Name ri /7 7 C Phone Billing Address City, State, Zip CHECK LIST: 1. 2. 3. 4. 5. 6. 7. Proposal T Installation shall also include all items checked below: ❑ New — Amp Disconnect ❑ Install Refg. Driers ❑ New — Low Voltage Wiring .11( Permits ❑ New — Equipment Pad ❑ New Plenum ❑ New Equipment Pump Ups %.New RA Drop & Boot ❑ New — Refg. Lines Ft. ❑ Combustion Air Louvers # Location of drain: Size & type of common vent: Location of vent termination: Liner needed: Electrical breaker /fuse type & size: Clearance OK? All clearances checked: Dubuque area: 1840 Radford Rd. Dubuque, IA 52002 877 - 757 -7577 563 - 583 -4256 Job Address f How did you hear about us Customer's Utility Company: .li"Aquila ,J 'Alliant ❑ Other EQUIPMENT SPECIFICATION UNIT ,y MODEL // SIZE EFF NOTES PRICE f ✓ MISC. $ h re) - 101 L- We will furnish, install and service the equipment listed above at price and terms on the proposal. / 1 Warranty: Labor J Yrs. Parts f 0 Yrs. Compressor Yrs. HT EX e— L Yrs. BASE PRICE TOTAL i New Vent Pipe 2 4 Remove Exist. Equipment .'`Clean Up ❑ R.A. Filter Rack lir Meets All Codes " /. ( e C c g 5 * .f4 ()pi/ $ A /f r) y ' �' ,N" Start Up AI -Sales Tax .a" New Drain Hose 1 1 II Terms: i ` _.. ;.. / BASE PRICE � ,,` ; $ - J Accepted by (Customer signature): OPTIONS # •'' •� 6 s. i 0 sr Proposed by: ,�f "' r ,': c ,' DI — {S ' ,e` s r Service Technician: NET TOTAL $ r E:� /'` (. ; Proposal Expires in: DOWN PAYMENT $ Utility Cash rebates: $ Li ` BALANCE DUE $ "" � i' , e l[! �/ - UP N COMPLETION 3/06 PROPOSAL , ' r. 1N ii/ NI trice Copy YELLOW Customer PINK Sales t /J a6 /D