Claim Matheos, James & Debbie
-, c_'
.. ,,--I..
.
///
/;:-//
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE. IOWA 52001.6940
J;/
Joseph J. Bitter.
Thomas A. Bitter
Office. 563.588-4608
Fax: 583.588-0103
Residence
Joe: 563,582,1768
Tom: 563-582-7545
. Also licensed in Illinois
Client parking in rear
January 19,2005
The Honorable Terrence M. Duggan and
Members of the City Council
City Hall
50 West 13th St.
Dubuque,IA 52001-4864
':
NOTICE OF CLAIM
The undersigned writes this letter on behalf ofMr. and Mrs. James and Debbie Matheos, 290 S.
Grandview Ave., Dubuque, IA, 52003.
Mr. and Mrs. Matheos make a claim against the City of Dubuque for damages to their property
which is located at 423 W. Locust St., Dubuque, lA, 52001. The West Locust Street property
has been damaged on 3 occasions as a result of backup of the sanitary sewer into their basement.
This backup occurred the last time on June 10,2004.
Mr. and Mrs. Matheos suffered significant losses in that the property they had stored on the
lower level was destroyed, they had to do extensive cleanup after each loss, they had to rebuild a
wall and repaint, and they had mold which developed and had to be abated. The report of
Mattson Associates, Ltd. is attached.
Mr. and Mrs. Matheos have recently learned that the City of Dubuque is aware of backups in the
sanitary sewer lines in their area, and the City has failed to notify them and other property
owners In fact, the City has even established a rebate program of up to $500 00 to assist in
installing a backflow stop valve. Had the City advised Mr. and Mrs. Matheos of this problem,
and advised them of the sanitary sewer backup assistance program, Mr. and Mrs. Matheos could
have avoided the damage to their property.
Further, Mr. and Mrs. Matheos had a bona-fide and signed offer to purchase their property from
an interested party, and they lost this sale as a result of the disclosure of the sewer backup.
The Honorable Terrence M. Duggan and
Members ofthe City Council
January 19,2005
Page 2
Mr. and Mrs. Matheos believe that their damages are in excess of $4,000.00. Claim is hereby
made against the City of Dubuque accordingly.
Very truly yours,
I --~...-.
,..~
Jose'ph J Bitt;6
Jffi/km(6)
Enc.
cc: Mr. and Mrs. James Matheos
12/05/2004 13:05
3097529525
MATTSON ASSOCIATES
PAGE 01
A I. ; gel A T f .s
~_M""'iOl"Lto.
15185tnAwnue. 5une~
Molin.. It 612BS
T,I; 309.71;2-4488
fa><: 31l9-7lif-m;1$
December 6.2004
Mr. Jim Matheos
1091 University Avenue
Dubuque, IA 52001
Cell: 563/556-8072
Fax: 563/580-7655
RE: f>Jr Sempling Report for 423 West Locust, Dubuque, IA 52001.
Dear Mr. MathBos:
The Environmental Protection Agency's criteria for determination of the completion of fungal remediation are
listed below:
1. Water or moisture intrusion problems are completely fixed.
2. Visible mold, mold demaged materials and moldy odors should not be present.
3. Air Sampiing should show th~ kinds and conDSntr~tions of mold and mold spores in the building
are similar to those found outside.
4. The site should be revisited shortly sfter remediation has been completed and no signs of
water damage or mold growth should exist.
5. People should be able to occupy the space without health complaints or physical symptoms.
6. Completion of remediation is a judgement call.
On O=-..be, 04. 2004, Mettson Associatas Limited conducted an inspection and air sampling of the listed
property. Reportedly, mold r~mediation had been done in the 3000 sq. ft. basement of the 11300 building. The
unventilated bagement appeared to heve been recently cleaned and encapsulated with a paint described ~s
having mold inhibiting additives. The basement is separated into sast and wast halves with stairs leading to
the main floor located in the eest helf of ths basement. The stairs appeared to be tha only vector for air
exchange between the main floor and the basement. The east half of the basement appesr6d to have had
substantially more work done on it than the west half. What appetlrad to be mold growth still existed in a 10
to 20 sq. ft. area in the west half. This growth on wood joists and the bottom side of wood flooring was limited
to an area above metal sheeting.
Mattson Associates, Ltd. performad air sampling to determine if the third criterion had been met. Our air
sampling includad two interior samplasand one exterior sample, The final air sample resUlts indicat~ mold
spore amplificetion of one or more mold types in both haives of the basement, end total mold spore
amplification in the west half of th~ basement. From our observations and sample results we believe that the
sacond and third criteria have not been met.
We appreciete the opportunity of working with you on this project. Pleasa do not hesitete to contact us at
309 1762.4488 for ~nsw~rs to any questions regarding this report.
Sincerely,
Mattson Associates, Ltd.
U Illl)l)t.J'cll
Scott McOowell
Director of Indoor Air Quality Services
:',.:'
.. .
""'"
;,.,....
12/03/2004 15:15
3097529525
MATTSON ASSOCIATES
PAGE 02
Lab Number; 9995
Proje<;l N.eme: 423 Wast LOOUS~ Dubuque
Projecl Number: M927.(l<I..JMD
Sam pin Taken By: S McO<jwen
Data Collacted: 1211/Z0,04
DOl. Rac:eived: 12/212~
Date Reported: 121312004
.ts'~lat!.
__u.c
15"""""_ S.1lI...
ft~_._.~-,.......
.JI,lll.~~
Micro5 Cassette Analysis
Sam pl. Number
Samplaldenlifl~l';;;--
Volume (Ll
Dale AA;l1yzad--
Percent 01 Trace MeiVi8il-
l)eM. R~'lQ
1"1~ 1"1~
-.... .-.-- ....--..
.' '__..---.!!..~~~'~_'_I-___ ESlltBII5tment
50 50
--_.-'--- "----.-
1213/2004 121312004
:ro% Anl.~d ot 1000-~nlfloallan :;,;% AnolYzed.,l000 Mognlllca1ion
Hklh LD'h
Total Coum'M- I Total I Count/M"
Count RHUh j'-iODl,. Count I R85Ult I LOD I !'
85 . ~~. .L~_'!EO_ 17 I 13~ 100
188132
Outside
50
121312004
25% AnalyZed at 1GOO Msgnification
: LD'h
Total CountIMa
COIlnt: Rooull I LOO '1\
26 2080 I 80 100
~FungaISPo"""
Fungal SporeolConldlo Taxa
Hyohel Fraoments --i--~._. .__ d_..
Altemaria.. ... ._...___1..._ i _ -. -_...
:::::.. -.- --. i __1_ ---
A$iJGIT1//luSn>eniciJlium u,;;--. 47 ! 0700 r 80 58 12 \l6O &0 71
=~tJ -~~l .
;Zs/O'!$C!>./ara ..---=+--_. ....:.:::~::=+--- -._+.... :
~.:::: ---~-_. -- 2-~-i...~~:-' 80'-f.=~~'. -.t::.______I_
_.- r--" '--j-- -'- - - ---::-...-~ . .
~rIo$PDf!.~m . _~l...-E~O...._.O . L 33 3.. . ~40 I 80 18
Coprinus 1 I I
- -'!-~- .. =t
Ep;coooumpu:;mrascens _ __.._ . _ f--.... ___
~t1um __ __ _ ____ _ ____
Pusiciadium
G.no<te"".-- --." - ,"-' - ----f--.-.
Myxomyc;et<WSmutslPericcnia .- -...-t--.. t .-- ---
=-:~:::--rl-:: .=::-:p
PQl1ciJomyces
."." ~...,~-------
PBSli/oli. _ _ __L___ ..... ___.-" .__.. _
I'Nhonoyoe. ' I
~ -.:::==1-1.-:.~==t-''''
Sp6goz:4nla .-- _... . -- - --- '-- ...
stachy/Jo/rys _..-.'=l..~._ .oo-~-' --,
stomphy/ium _ _.-_--'__.. _ _..____
Tot'U/s I I
U/oCIadlum -'---j-- i '--r---'
XylfI1fa ~--._---'.-. I ~."'r -.-..
Unidentifled $DOrwConldi. 2 I "'iSo-i'so 2
Notes~
2 .- 160 80 0
3 240 80 12
i
I
I
!
,
. I
21 1680 00 I .,
--
--
-
,
.....--.--....
I
2 I 100
-
I
, -.
~I .-
. '
.
.
-
,f -
, . :
80 , 12 I
Analysis 8y
J.a,t(. ffl"',(}pwe/I
Ju,/( ffl",(}pr.ve/I
Reviewed By:
Building Inspection Report
423 West Locust St Dubuque IA
Inspection Date:
October 4, 2004
Prepared For:
George Waddell
Prepared By;
TIi-State Home Inspection Inc.
1130 Feny Landing Rd.
Galena IL. 61036
815-777-0143
815-777-2880 Fax
Repo rt Number:
0410042
Inspector:
Kevin C. Doyle
@2004 Trj-Swte Home Inspection Inc,
423 West Locust Sl. Dubuque IA. Page 2 of 6
Table Of Contents
REPORT OVERVIEW
INTERIOR COMPONENTS
3
4
This confidential report Is prepared exclusively for George Waddell
@2004 Tri-State Home Inspection Inc.
423 West Locust Sl. Dubuque IA.
Page 3 of 6
Report Overview
THE HOUSE IN PERSPECTIVE
This is an average quality home. As with all homes, ongoing maintenance is required and improvements to the systems of
the home will be needed over time. The improvements that are recommended in this report are not considered unusual for
a home of this age and location. Please remember that there is no such thing as a perfect home.
CONVENTIONS USED IN THIS REPORT
For your convenience, the following conventions have been used in this report.
Major Concern: a system or component which is considered significantly deficient or is unsafe. Significant
deficiencies need to be corrected and, except for some safety items, are likely to involve significant expense.
Safety Issue: denotes a condition that is unsafe and jn need of prompt attention.
Repair: denotes a system or component which is missing or which needs corrective action to assure proper and
reliable function
Improve: denotes improvements which are reconunended but not required.
Monitor: denotes a system or component needing further investigation and/or monitoring in order to determine if
repairs are necessary.
Please note that those observations listed llllder "Discretionary Improvements" are not essential repairs, but represent logical
long term improvements.
. For the pwpose of this report, it is assumed that the house faces west.
IMPROVEMENT RECOMMENDATION HIGHLIGHTS I SUMMARY
The following is a synopsis of the potentially significant ilnprovements that should be budgeted [or over the short term.
Other ~ignificant improve!llents, o'.lt~id.e +.hc ~p~ "ft.::lis. inspec.uoli, may al$O oe necessary. Please refer to the body ofthi8
report for further details on these and other recommendations.
THE SCOPE OF THE INSPECTION
All components designated for inspection in the ASHI@ Standards of Practice are inspected, except as may be noted in the
<<Limitations of Inspection" sections within this report.
It is the goal of the inspection to put a home buyer in a better position to make a buying decision. Not all improvements will
be identified during this inspection. Unexpected repairs should still be anticipated. The inspection should not be considered
a guarantee or warranty of any kind.
Please refer to the pre-inspection contract for a full explanation of the scope of the inspection.
WEATHER CONDITIONS
Dry weather conditions prevailed at the time of the inspection.
The estimated outside temperature was 48 degrees F.
RECENT WEATHER CONDITIONS
Occasional rain has been experienced in the days leading up to the inspection.
This confidential report is prepared exclusively for George Waddell
@2oo4 Tri-State Home Inspection Inc.
423 West Locust Sl. Dubuque IA
Page 4 of6
Interior Components
DESCRIPTION OF INTERIOR
Wall And Ceiling Materials:
Floor Surfaces:
-08B Paneling
.Concrete
INTERIOR OBSERVATIONS
General Condition of Interior Finishes
TIle inspection was limited to the mold growth in the basement
RECOMMENDATIONS! OBSERVATIONS
Wall! Ceiling Finishes
Monitor: Water staining was note on the walls and items in the basement throughout. The basement appears to have
flooded in the past.
. Major Concer, Safety Issue: There is mold growth observed throughout the basement. There are many items in the
basement as well as some of the building materials with mold gmwth. These areas and items will need to be removed
and professionally cleaned by a contractor and/or persons trained in mold remediation. The excessive moisture levels in
the basement will have to be corrected to help prevent mold growth in the future.
Photo 1: Photo of black mold growth and a water line on the OSB paneling in the basement.
This confidential report is prepared exclusively for George Waddell
@ 2004 Tri-State Home Inspection Inc.
423 West Locust Sl. Dubuque iA
Page 5 016
Photo 2: Photo 01 mold growth on the cabinets and material in the basement.
Photo 3: Photo 01 mold growth on some cabinets in the basement.
This confidential report is prepared exclusively for George Waddell
@2004 Tri-State Home Inspection Inc.
423 West Locust St. Dubuque IA.
Page 6 of6
Photo 4: Photo of mold growth on the floor joists in the basement.
LIMITATIONS OF INTERIOR INSPECTION
A.E we have discussed and as described in your inspection contract, tius is a visual inspection limited in scope by (but not
restricted to) the following conditions
Furniture, storage, appliances andforwall hangings are not moved to permit inspection and may block defects.
Carpeting, \vh"1dm;vtrcatments, central Val.:t1urn systems, household appliances, recreational facilities. paint wallplrper,
wId o-rr1er frrtl.5h hi;,';al1nenis are not inspected.
Please also refer to the pre-inspection contract for a detailed explanation of the scope of this inspection.
This confidential report is prepared exclusively for George Waddell
@ 2004 Tri~State Home Inspection Inc.
PROPERTY MANAGER
JOB DESCRIPTION
1. General Description
A. The Property Management (PM) position is one of enonnous responsibility. He is entrusted with
responsibility of overseeing a multi-million dollar investment of commercial real estate, operating budgets,
buildings and equipment. The PM will direct and oversee the operation of the shopping center including the
staff, budget administration, maintenance, marketing, specialty leasing, security, lease administration, tenant
and public relations, insurance and reportiug.
B. The PM will report directly to a Regional Operations Manager.
1. Commnnication within tlie department is restricted to tlie established flow chart.
2. Communication initiated by a Principal or other department are to be brought to tlie attention of the
Regional Operations Manager.
II. Responsibilities
A Staffing: The mall office staff may consist of a Property Manager, Operations Manager,
Maintenance Superintendent, Marketing Director, Assistant Marketing Director, Security Supervisor,
Secretary(s) and other support personneL
The PM will ensure that the staff is of the highest caliber through effective screening, proper hiring procedures,
training and development, quality supervision, performance evaluations and praise and discipline when
appropriate. The Manager will direct and oversee tlie activities of each staff member, in their respective area
of responsibility, to ensure tlie liigllest level of professionalism and productivity.
B. Budget Administration: One oftlie most important functions of the Manager is the
administration of the shopping cent.er's operating budget. The PM is totally responsible for the development of
the shopping center budget, drawing on experience of departmental personneL
The PM shall approve each purchase made at tlie center. He will minimize expenses through cost effective
purchasing techniques and inventory control. Each purchase or contracted service will be analyzed to jnstifY its
need. Competitive bids or prices will be obtained and tlie best possible price negotiated. The PM will ensure
receipt of goods and services and property workmanship. He will be responsible for approving and processing
each invoice for payment, while ensuring proper bookkeeping and records of aU expenses.
C. Maintenance: The Manager will direct and oversee tlle center maintenance program through
the Maintenance Superintendent He ""ill monitor personnel issues relating to maintenance employees, while
ensuring tliat proper procedures are used in hiring, wage calculations and payroll accounting, work
assignments, performance evaluations, wage reviews, discipline, resignations and/or tenninations. He will
ensure procedures are enforced for workers compensation and/or unemployment claims. A current personnel
file shall be maintained for each employee.
The PM will ensure that proper maintenance is pelfonned at the center so that a clean and safe environment is
presented at all times. He shall oversee repair and replacement projects at the property to ensure proper
workmanship and tliat equipment is used and maintained while making certain that current records are kept on
maintenance equipment.
The Manager will oversee landscaping of at the center to ensure a pleasing aesthetic appearance at all times.
D. Marketing: The PM may have dual responsibility as the shopping center's Marketing Director
and will function as Secretary to tlie Board of Directors of the respective Merchants Association; except in the
case of the Marketing Fund. He shall retain fiscal responsibility of the Merchants Association or Marketing
Fund.
The Manager will monitor Merchants Association or Marketing Fund procedures, through the Marketing
Director, to ensure proper budget administration and compliance with established policies and programs.
In conjunction with the Marketing Director, the PM will oversee research, public relations, advertising and
promotions of the shopping center.
E. Specialty Leasing: The Manager shall adininister the shopping center's Specialty Leasing
Program. He will solicit temporary tenants which meet established criteria and negotiate rental arrangements.
The PM will strive to locate short-term tenants which add to the center's mix and develop them into permanent
or repeat tenants.
The PM is responsible for specialty leasing collections (TDA's) and ensure that proper procedures are followed
in the administration of the program.
F. Security: The PM will monitor security functions at the center tlu.ough the on-site security
supervisor. He will approve weekly schedules and ensure complete, prompt and accurate reporting of
incidents. He will review incident reports daily and identifY problems and tendencies. Each incident report
will be delivered to the Legal Department and the Landlord's security provider. He will research and
investigate security incidents as necessary.
The Manager will coordinate a regular program to educate the tenants on security issues affecting the center
though seminars, speakers and informational handouts. The PM will maintain a regular dialogue with local law
enforcement authorities to ensure cooperation and effective information exchange.
G. Lease Administration: The PM will ensure tenants of the center are familiar with the
obligations of the lease agreement. He shall possess a stronl! working knowledge of the lease and use it in
decision making.
H Tenant Relations: The Manager shall maintain regular communication with the tenants while
striving to maintain harmony and create a positive environment within the center.
The PM will promptly respond to tenant complaints and record said comments in the tenant lease file. He will
properly represent the Company in a positive and professional manner in all dealings with tenants so that the
position of the Company is enhanced.
I. Public Relations: The PM will maintain regular contact with the community public officials to
promote goodwill and a spirit of cooperation. The PM will interact with local leaders, civic groups, clubs and
organizations in order to enhance the posture of the center within its respective communitv.
The Manager will be the sole on-site management individual to represent the Company/center when dealing
with the media and public officials on center operations. He is also the designated representative of the center
in to any community, civic group or organization,
J Loss PreventionlRisk ManagementlInsurance: The Manager shall do everything possible to
minimize or prevent potential liability at the shopping center. He will ensure that insurance claim reports are
initiated at the local level as necessary. He will be perfoITI1 regular and routine mspections of the shopping
center and tenant spaces to ensure compliance with insurance codes.
The PM may be required to testifY on the Company's behalf regarding accident claims, workers compensation
claims and unemployment claims.
K. Reporting: It is the Manager's responsibility to ensure that all reports are submitted promptly
and accurately. The PM will document and report all important developments affecting the shopping center.
He will approve all correspondence originating from the mall office.
Ill. Annual Evaluation
The PM will be evaluated annually by representatives of the department on the following points:
Mandatory Goals (Specialty Leasing Revenue, Gift Certiftcate Sales, Fiscal Management/Community Room)
Quality of Work Planning & Organization hmovation Job Knowledge
Judgement Managing People Cost Consciousness Leadership
Initiative Adaptability Problem Solving Communications
SCALE SCORING DEFINITIONS
4.75 to 5.00 Outshmding. Employee has an advanced knowledge of job responsibilities and possesses the skin and desire for continued
accomplishments. Employee consistentJy exceeds beyond standard job requirements.
3.75 to 4.74 Exceeds job requirements. Employee has good knowledge of job responsibilities. He possesses above average skills and is
eager to learn.
2.75 to 3. 74 Meets job requirements. Employee has adequate knowledge job responsibilities and possesses the minimum level of skills
necessary to accomplish them. Employee has desire and is striving to improve.
1.75 to 2.74 Needs improvement. Employee lacks adequate knowledge of job responsibilities and does 110t possess a comprehensive skill
level for the position. TIllS score may prompt a probationary wanTIng.
1.00 to 1.74 Unsatisfactory. Well below minimum standards and lack of ability to improve.
The PM is invited to otTer a written reSDonse to the annual evaluation. Advancement, wage adjustments, bonuses,
demotions and tenninations will be based on information developed in the evaluations, along with other information
detailed in the personnel file.
IV. Obiective
It will be the Manager's objective and responsibility to maximize the profitability and increase the value of the
shopping center and associated real estate through; cost effective administration of the center operating budget,
encouraging specialty leasing income and overage rent, creating viable marketing programs and protecting
company assets. The PM's position is all encompassing. He may be called upon to participate in special
projects, in the Company's interest, which go beyond tlle scope of that which is outlined.
V. Prohibition of Additional Emolovrnent
As a matter of policy and in order to protect the interests of the Company, it is necessary, reasonable a..T1d
practical to prohibit the solicitation or procurement of additional outside employment ~ti..-.'itics while eInploycu
by the Company in a full time, salaried or management position. Employment by the Company is recognized as
a full time commitment, with salaried and management personnel on call 24 hours a day. The Company
reserves the right to maintain a direct interest in the matter of off-hoUT or additional employment activity for
remuneration by its full time. salaried or management employees.
kOpManua/lwp60IJOBDESCRYM06I19102jpr