C-75-19-010-S-00 FOR COB FILE.PDF

5-00
SETTLEMENT AGREEMENT
AND
RELEASE OF ALL CLAIMS
RECITALS
A. This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is
entered into by APRIL COPELAND, JOSEPH COPELAND, JONATHAN COPELAND,
MARY COPELAND and CHLOE COPELAND ("Plaintiffs/Releasors").
B. On February 10, 2017, Plaintiffs filed a Complaint in the Superior Court of Arizona in
and for the County of Mance., against the CITY OF PHOENIX and MARICOPA COUNTY
("Defendants"), case number CV2017-001506 (the "Lawsuit"). The Lawsuit arises out of APRIL
COPELAND'S aut male accident at the intersection of 761' Avenue and Broadway Road near
Phoenix, Arizona. ("the Accident"). The Lawsuit contains claims of negligence and gross
negligence ("the Asserted Claims") against Defendants. Through the Lawsuit, Plaintiffs seek
recovery of monetary damages related to the Asserted Claims and the Accident.
C. MAR ICOPA COUNTY denies any responsibility, obligation, or liability arising out of the
accident or the Asserted Claims, but nonetheless desires to fully settle the Lawsuit with Plaintiffs
along with all claims arising out of, or related to, the Accident or the Asserted Claims.
D. Plaintiffs and MARICOPA COUNTY (jointly "the Parties") desire to fully settle the
Lawsuit along with any other potential liability arising out of, or related to, the events described
in the Lawsuit against MARICOPA COUNTY, its agents and employees, and any other
Individuals, officers, officials, boards, comrrissions, departments, and agencies, past or present,
whether or not named or referred to herein, who, together with MARICOPA COUNTY may be
liable to Plaintiffs (hereinafter collectively referred to as "the Released Parties").
E. and valuable consideration, the receipt and sufficiency of which are hereby
acknowiedcjed, the Parties enter into this Agreement.
Page l of 12

AGREEMENT
1. atice of R
The foregoing recitals are incorporated herein by reference as agreements of the Parties.
2. 1).syrnent of the Claim
For and in consideration of the Release and other obligations set forth below,
MARICOPA COUNTY agrees to pay Plaintiffs a total present value sum of THREE MILLION
DOLLARS ($3,000,000.00) consisting of cash and future periodic payments as fully set forth
below. The payment and/or future periodic payments are to settle the claims asserted by
Plaintiffs, including all Asserted Claims and all claims arising out of or related to the Asserted
Claims or the Accident. Plaintiffs specifically agree payments will not be delivered to Plaintiffs
or any entity involved In making or facilitating future periodic payments until after Plaintiffs
have fully executed this Agreement and Release of All Claims and have returned it to counsel for
MARICOPA COUNTY.
2.1 Payments due at the time of settlement as follows:
ONE MILLION FIVE HUNDRED THOUSAND DOLLARS 00/CENTS
($1,500,000.00) payable to Shore!! McGoldrick, PC Trust Account
2.2 Payment of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS
00/CENTS ($1,500,000.00) shall be used to fund the periodic payment obligation as follows (the
"Periodic Payments"):
Periodic Payments Payable to April Copeland (Payee):
$10,900.96 Payable monthly, guaranteed 20 years, to begin 03/01/2024. Last
guaranteed payment on 02101/2044.
All sums set forth herein constitute damages on account of personal physical injuries or sickness,
within the meaning of §104(a)(2) of the Internal Revenue Code of 1986, as amended.
Page 2 of 12

3. Payee's IL' its to L - '-ayL4L sits
Plaintiffs acknowledge that the Periodic Payments cannot be accelerated, deferred,
increased or decreased by Plaintiffs or any Payee(s); nor shall the Plaintiffs or any Payee(s) have
the power to sell, mortgage, encumber, or anticipate the Periodic Payments, or any part thereof,
by assignment or otherwise.
4 Pay B day
Any payments to be made after the death of any Payee pursuant to the terms of this
Settlement Agreement shall be made to such person or entity as shall be designated in writing by
said Payee to the Assignee. If no such person or entity is so designated by Payee, or if the person
designated is not living at the time of the Payee's death, such payments shall be made to the
Estate of the Payee. No such designation, nor any revocation thereof, shall be effective unless it
Is in writing and delivered to the Assignee. The designation must be in a form acceptable to the
Assignee before such payments are made.
5. o Qualified Assimment
5.1 Plaintiffs acknowledge and agree that Defendant Maricopa County may make a
"qualified assignment," within the meaning of Section 130(c) of the Internal Revenue Code of
1986, as amended, of the Defendant's liability to make the Periodic Payments set forth in Section
22 to USAA Annuity Services Corporation ("the Assignee"). The Assignee's obligation for
payment of the Periodic Payments shall be no greater than that of Defendant Madcap County
immediately preceding the assignment of the periodic Payments obligation.
5.2 Any such assignment, if made, shall be accepted by the Plaintiffs without right of
rejection and shall completely release and discharge Defendant Maricopa County from the
Periodic Payments obligation assigned to the Assignee. Plaintiffs recognize that, in the event of
such an assignment, the Assignee shall be the sole obligor with respect to the Periodic Payments
obl'a'tion, and that all other releases with respect to the Periodic Payments obligation that
pertain to the liability of the Defendants shall thereupon become final, irrevocable and absolute.
Page 3 of 12

6. to Purch an Annuity
Defendant Mario, • • County, individually or through its Assignee, reserves the right to
fund the liability to make Periodic Payments in Section 22 of this Agreement through the
purchase of an annuity policy from USAA Life Insurance C. '.ny. Defendant Maricuala
County or the Assignee shall be the sole owner of the annuity policy and shall have all rights of
ownership. Defendant Maricopa County or the Assignee may have USAA Life Insurance
Company mail payments directly to Plaintiffs. Plaintiffs shall be re". ible for maintaining a
current mailing address with USAA Life Insurance C. .ny.
7. DIsd.rgeafOblil
The discharge of the obligation of the Assignee to make each Periodic Payment described
above in this Agreement, if by check, shall occur upon the mailing of a valid check, on or before
the due date, in the amount due to the Plaintiffs' addresses as shown in the Assignee's records, or
if by Electronic Funds Transfer (EFT), upon the electronic transfer of such payment, on or before
the due date, to Plaintiffs' bank accounts as shown in the Assignee's records. In the event a
check is not received, upon proper notification, the Annuity Issuer will initiate stop payment
procedures. Upon confirmation that the check was not cashed and stop payment has been
affected, the Annuity Issuer will reissue a replacement check.
8. Dismissal of Lir.
Upon receipt any monies due Plaintiffs and funding of any structured annuities, Plaintiffs
agree to execute and file with the Mario • . County Superior Court a Dismissal with Prejudice of
Case Nu r CV 2017-001506 and all associated claims.
9. General Releise
9.1 In consideration of the payments called for herein, Plaintiffs, individually and on
behalf of their heirs, devisees, executors, adrninistrators, successors, and assignees hereby
corrpletely RELEASE, ACQUIT AND FOREVER DISCHARGE the Released Parties of and
from any and all past, present or future claims, demands, obligations, actions, causes of action,
wrongful death claims, medical negligence claims, survival claims, rights, damages, costs, losses
Page 4 of 12

of consortium, hedonic damages, economic loss, loss of services, loss of business, business
interruption, property damage, claims arising under the United States Constitution, the
Constitution of Arizona, and claims for expenses and c. ansation of any nature whatsoever,
Including but not limited to medical, dental, or mental health assessment, care, or treatment,
whether based on statute, constitution, tort, contract, common law or other theory of recovery,
and whether for c* • nsatory or punitive da ws, which Plaintiffs now have, or which may
hereafter accrue or otherwise be acquired on account of, or in any way growing out of, or which
are the subject of the Accident, the Asserted Claims, or the Lawsuit. This Agreement shall be
fully binding and a complete settlement between the Parties.
9.2 Plaintiffs hereby acknowledge and agree that this Agreement constitutes a general
release, and expressly waives and assumes the risk of any and all claims for damages which exist
as of this date, but of which Plaintiffs do not know or suspect to exist, whether through
Ignorance, oversight, error, negligence, gross negligence or otherwise, and which, if known,
would materially affect Plaintiffs' decisions to enter into this Agreement. Plaintiffs acknowledge
and agree that this Settlement Agreement and Release of Claims is being made with full
knowledge that formal discovery in this case has not been corrpleted Plaintiffs waive any right
to seek to set aside this Agreement or to assert that this Agreement is void at any time based on
any allegation that Plaintiffs did not have information or knowledge that was material to
Plaintiffs' decision to completely, fully and finally discharge and release any and all claims
against the Released Parties. Plaintiffs further agree that they have accepted payment of the sum
specified herein as a complete compromise of matters involving the disputed issues of law and
fact arising from or related to the Accident and assume the risk that the facts or law may be
otherwise than what Plaintiffs believe.
10. No AdmiCca L.7 Liability
It is understood and agreed by the Parties to this Settlement Agreement and Release of
Claims that this settlement is a con-promise of doubtful and disputed liability and claims, and the
payment of the agreed upon amount is not to be construed as an admission of liability on the part
of the Released Parties by whom liability is expressly denied. This full and final settlement shall
never be treated as evidence of liability, or as an admission of wrongdoing, liability, or
responsibility at any time or in any manner whatsoever.
Page 5 of 12

11. Liens
11.1 Plaintiffs and Plaintiffs' counsel acknowledge that liens, judgments and/or
financial obligations may exist which arise out of benefits received by Plaintiffs. Plaintiffs
expressly agree that they are solely responsible for ensuring that those liens, jut $ nts, and
other financial obligations are fully satisfied. Plaintiffs hereby agree to satisfy from these
settlement proceeds all valid liens, judgments, rights of subr••- ion, rights of reimbursement
and/or other financial obligations which arose out of the benefits received by Plaintiffs, including
(1) any medical, dental, or mental health treatment obtained by Plaintiffs as a result of or arising
from the events described in the Lawsuit or the Accident; (2) any 'tal liens pursuant to
A.R.S. §33-931 , et seq. that have been filed or may be filed for past medical expenses; (3) any
claims for recovery for medical and health services and care that have been asserted or may be
asserted by the United States of America pursuant to the Medical Care Recovery Act, 42 U.S.C.
§ 2651 or pursuant to any other state or federal statute, rule, or regulation; (4) any liens or rights
of recovery by the Arizona Health Care Cost Containment System (AHCCCS), and any of its
divisions or subsidiaries; (5) any Bubo , s-tion lien; or (6) any bills, claims, and liens in any
manner arising in favor of any health care provider who has provided medical or health care of
any kind to Plaintiffs as a result of the Asserted Claims or the Accident; it being specifically
recognized that said liens and obligations are the sole responsibility of Plaintiffs.
11.2 Plaintiffs agree to defend, indermify and hold the Released Parties harmless for
any claim, lien, right of recovery, obligation, charge or action arising out of an alleged failure to
satisfy any outstanding liens, Judgments, rights of subrogation, rights of reimbursement,
including any Medicaid lien or obligation, and/or any other financial obligations incurred as a
result of benefits received by Plaintiffs, including but not United to payment of court costs,
litigation expenses, and attorney fees.
11.3 Protection of the Interests of Medicare.
Plaintiffs, acknowledging and understanding their obligation to satisfy Medicare's right
of reimbursement, and the consequences for failing to do so, represent that neither APRIL
COPELAND nor any other Plaintiff is a Medicare beneficiary. Plaintiffs acknowledge that they
have duly considered Medicare's interests in accordance with applicable law and are responsible
Page 6 of 12

for identifying any existing Medicare liens or conditional payments relating to the claimed
injuries that are the subject of the Lawsuit or related in any way to the Asserted Claims or
Accident. Plaintiffs' warrant that no such liens or conditional payments exist, such that Medicare
and/or CMS would not be entitled to recover any funds from the settlement proceeds under the
Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(2).
12. Inc' Ynnity
Plaintiffs agree to DEFEND, REIMBURSE, HOLD HARMLESS, AND INDEMNIFY
the Released Parties from any liability arising from (1) any subrogation claim to which
Claimant's recovery may be subject; (2) liens for any c nsation paid under any statute or
regulation, state or federal; (3) medical payments due or claims to be due at any point in the
future related to past, current, or future medical expenses, (4) any attorney lien asserted by any
prior or current legal representative; (5) any contract pertaining to the proceeds from the
settlement referred to in this Agreement; and/or (6) all claims, liens, rights of recovery,
subrogation claims, obligations, actions, causes of action, damages, penalties, attorney's fees,
costs and expenses of every kind that may ever be sought by anyone for any reason in any way
related to the enforcement of any such claims, liens, actions, damages, fees, costs, or expenses.
13. AtIx, neje F d C
The parties agree to bear their own attorneys' fees and costs arising from the actions of
their own counsel in connection with the Lawsuit, the litigation of this matter, the Agreement and
the matters and documents referred to herein, the filing of a notice of dismissal of the Lawsuit
and all related matters.
14. War of Capadty to Ex eAgr
Plaintiffs represent and warrant that no other person or entity has or has had any interest
in the claims, demands, obligations or causes of action referred to in this Agreement, and that
Plaintiffs have the sole right and exclusive authority to execute this Agreement and receive the
sums specified in it; and that Plaintiffs have riot sold, assigned, transferred, conveyed or
otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in
this Agreement.
Page 7 of 12

15. Entire A .1.-wit End Wu:- urs in IntcTr:::
This Agreement contains the entire agreement between the Parties with regard to the
ratters set forth herein and shall be binding upon and inure to the benefit of the executors,
administrators, personal representatives, heirs, successors, and assigns of each. Plaintiffs further
declare and represent that no promise, inducement, or agreement not herein expre ,.-- has been
made to Plaintiffs, and that this Agreement contains the entire agreement between the Parties.
16. Rep tado;t3i CcAprelicit!cA &2E.441 urnnt
Plaintiffs acknowledge that they have relied upon the I I advice of their attorney, who
is the attorney of Plaintiffs' own choice, and that the terms of this Agreement have been
completely read and explained to Plaintiffs by Plaintiffs' attorney, and that those terra are fully
understood and voluntarily accepted by Plaintiffs.
17. Governing ,,nw
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Arizona.
18. Tax Consequen
None of the Released Parties have made any representations concerning, nor shall they be
responsible in any manner for, the income tax consequences to Plaintiffs resulting from the
execution of this Agreement, or from any yment made pursuant to this Agreement.
19. yen
This Agreement shall become effective following its execution by Plaintiffs and their
counsel.
20. Third-Patty Uenefidarl
The Parties intend that all Released Parties are third-party beneficiaries under this
Agreement, with all rights associated therewith.
Page 8 of 12

21. C n trt Eigual
This Agreement may be executed in counterparts.
THE UNDERSIGNED HAVE READ THIS SEW1ENT AGREELENT AND
RELEASE OF ALL CLAIMS AND UNDERSTAND ITS TERMS AND EXECUTE IT
VOLUNTARILY WITH rULL r:NOtILEDCE OF T610r: TERMS AND THEIR
SIGNIFECANCE.
APRIL COPELAND Date
STATE OF ARIZONA
SS.
County of Maric BOB
On this day of January 2019, before me, the undersigned Notary Public, in and for
the County of Maricopa, State of Arizona, personally appeared April Copeland known to me to
be or satisfactorily proven to me to be the person whose name is subscribed to the foregoing
instrument and acknowl that they signed the same for the pu s therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
My Comaission expires:
Page 9 of 12

Date
STATE OF ARIZONA
SS.
County of Maricopa
On this i'Iay of January 2019, before me, the undersigned Notary Public, in and for
the County of Marie. al, State of Arizona, personally appeared J ph Copeland known to me to
be or satisfactorily proven to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged that they signed the same for the pu a .4.-s therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
/LA kL
Notary Public
My Cornmission expires:
--JONATHAN COPELAND Date
STATE OF ARIZONA
as.
County of Maricopa
On this igikday of January 2019, before rre, the undersigned Notary Public, in and for
the County of Maric , State of Arizona, personally appeared Jonathan Copeland known to M9
to be or satisfactorily proven to me to be the person whose env is subscribed to the foregoing
instrument and acknowl a that they signed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereyrrtp set my hand and seal.
My Corrrrission expires:
Page 10 of 12

Notary Public
My Commission expires:
_MA
MARY OPELAND Date
STATE OF ARIZONA )
) SS.
County of Maricopa )
On this (Q day of January 2019, betbre me, the undersigned Notary Public, in and for
the County of Maricopa, State of Arizona, personally appeared Mary Copeland known to me to
be or satisfactorily proven to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged that they signed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereuA set my hand and seal.
My Commission expires:
CHLOE COPELAND Date
STATE OF ARIZONA )
) SS.
County of Maricopa )
On this day of January 2019, before me, the undersigned Notary Public, in and for
the County of Maricopa, State of Arizona, personally appeared Chloe Copeland known to me to
be or satisfactorily proven to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged that they signed the same for the purposes therein contained.
Page 11 of 12

MARY COPELAND Date
STATE OF ARIZONA
ss.
County of Mario DER
On this day of January 2019, before me, the undlrsigned Notary Public, in and for
the County of Maric , State of Arizona, personally appeared Mary Copeland known to m8 to
be or satisfactorily proven to nv to be the person whose name is subscribed to the foregoing
instrument and acknowledged that they signed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Notary Public
t /W L.
Date
STATE OF ARIZONA
ss.
County of Maric
On this it day of January 2019, before me, the undersi Notary Public, in and for
the County of Mario. •-, State of Arizona, personally appeared Chloe Copeland known to me to
be or satisfactorily proven to rtv to be the person w a name is subscribed to the foregoing
instrument and acknowledged that they signed the same for the pu as therein contained.
IN WITNESS WHEREOF, I have hereento set my hand and seal.
My Corrrnission expires:
Page 11 of 12

A .1.0VSTO FORM:
Thomas Shorall, Esq.
Attorney for Plaintiffs
Page 12 of 12

COPELAND V. CITY OF PHOENIX AND MARICOPA COUNTY
CV2017-001506
FOR AND ON BEHALF OF
MARICOPA COUNTY
BY:
t-5,1P
Bill Gates, Chairman
Board of Supervisors
Date: JAN 3 0 2019
ATTEST:
erk 'of the Board
Date:
Approved as to form:
Jo r e S. K1 .6411111r
Deputy County Attorney
Date: //,),//9

9 800 Fredericksburg Road
4 San Antonio, Texas 78288
%It ‘,4IIi,3/441
USAk
Qualified Assignment and Release Agreement
In Accordance With Internal Revenue Code Section 130
Claimant(s): APRIL COPELAND
Assignor; MARICOPA COUNTY
Settlement Agreement: SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
[Date and title of settlement agreement, order or other document embodying the Assignor's obligation to
make the agreed periodic payments]
Assignee: USAA Annuity Services Corporation
Annuity Issuer: USAA Life Insurance Company
Effective Date:
This Qualified Assignment and Release Agreement is made and entered into as of the Effective Date
by and among the undersigned parties with reference to the following facts:
A, Claimant(s) and Assignor are parties to or are otherwise subject to or entitled to receive payments
under the above-referenced Settlement Agreement, under which Assignor has liability to make certain
periodic payments to or for the benefit of Claimant(s) as specified or referred to in paragraph 12 of
this Agreement (the Periodic Payments"); and
B. Assignor and Assignee wish to effect a "qualified assignment" within the meaning and subject to the
conditions of Section 130(c) of the Internal Revenue Code of 1986, as amended (the "Code"),
Now, therefore, in consideration of the foregoing and for other good and valuable consideration, the
parties agree as follows:
1. Assignment and Assumption; Release of Assignor. Assignor hereby assigns to Assignee, and
Assignee hereby accepts and assumes, all of Assignor's liability to make the Periodic Payments.
Each Claimant hereby accepts and consents to such assignment by Assignor and assumption by
Assignee. Effective on the Effective Date, each Claimant hereby releases and discharges Assignor
from all liability to make the Periodic Payments.
2. Nature of Periodic Payments. The Periodic Payments constitute: (i) damages, whether by suit or
agreement, or (ii) compensation under a workers' compensation act, on account of personal injury
or sickness in a case involving physical injury or physical sickness, within the meaning of Sections
130(c) and 104(a)(1) or 104(a)(2) of the Code.
3. Extent of Assignee's Liability. Assignee's liability to make the Periodic Payments is no greater than
the liability of Assignor immediately preceding to the Effective Date. Assignee is not required to set
aside specific assets to secure the Periodic Payments. The Claimant has no rights against the
Assignee greater than a general creditor. Assignee assumes no liability other than the liability to
make the Periodic Payments.
98854-0618
Page 1 ASI601ST

4, Qualified Funding Asset. Assignee will fund the Periodic Payments by purchasing from Annuity
Issuer a "qualified funding asset," as defined in Section 130(d) of the Code, in the form of an annuity
contract (the "Annuity') issued by Annuity Issuer and providing for payments corresponding to the
Periodic Payments. Assignee shall be designated as the owner of the Annuity. All rights of legal
ownership and control of the Annuity shall (subject to paragraph 9 of this Agreement) be and remain
vested exclusively in Assignee; provided, however, that the Annuity shall be used by Assignee to fund
the Periodic Payments and shall at all times be designated by Assignee on its records as being taken
into account, under Section 130 of the Code, with respect to this Agreement. Notwithstanding
anything to the contrary contained in this Agreement, neither any Claimant nor any Successor Payee
shall have any rights with respect to the Annuity or the payments thereunder that would cause any
amount attributable to the Annuity to be currently includible in the recipient's income or would
otherwise affect the determination of when any recipient is treated as having received any payment
for income tax purposes, or would otherwise prevent this Agreement from satisfying all of the
conditions for a "qualified assignment" within the meaning of Section 130(c) of the Code.
5 Delivery of Payments, Assignee may have Annuity Issuer send payments directly to a Claimant, or,
if applicable, to a Successor Payee f as defined in paragraph 8 of this Agreement), or deliver
payments by electronic funds transfer to an FDIC-insured depository institution in the United States
for credit (directly or indirectly) to an insured account in the name of such Claimant or Successor
Payee, Such direction of payments under the Annuity shall not be deemed to afford the Claimant or
any Successor Payee any rights of ownership or control of the Annuity. Each Claimant and any
Successor Payee shall at all times keep Annuity Issuer apprised of such Claimant's or Successor
Payee's current street address and telephone number and, if such Claimant or Successor Payee
receives payments by electronic funds transfer, the name, address, bank identifier number (BIN) and
telephone number of the applicable depository institution and the account number of the account to
which the payments are to be credited.
6. Discharge of Liability. The Assignee's liability to make each Periodic Payment to the Claimant or
Successor Payee designated to receive such payment shall be discharged automatically at such time
as a corresponding payment is made to such Claimant or Successor Payee by the Annuity Issuer.
7. Acceleration, Transfer of Payment Rights. None of the Periodic Payments and no rights to or
interest in any of the Periodic Payments (all of the foregoing being hereinafter collectively referred to
as "Payment Rights") can be
i. Accelerated, deferred, increased or decreased by any recipient of any of the Periodic Payments;
Of
ii. Sold, assigned, pledged, hypothecated or otherwise transferred or encumbered, either directly or
indirectly, unless such sale, assignment, pledge, hypothecation or other transfer or encumbrance
(any such transaction being hereinafter referred to as a "Transfer") has been approved in
advance in a "Qualified Order" as defined in Section 5891(b)(2) of the Code (a "Qualified Order")
and otherwise complies with applicable state law, including without limitation any applicable state
structured settlement protection statute.
No Claimant or Successor Payee shall have the power to effect any Transfer of Payment Rights
except as provided in sub-paragraph (ii) above, and any other purported Transfer of Payment Rights
shall be wholly void. If Payment Rights under this Agreement become the subject of a Transfer
approved in accordance with sub-paragraph (ii) above the rights of any direct or indirect transferee of
such Transfer shall be subject to the terms of this Agreement and any defense or claim in
recoupment arising hereunder.
8. Contingent Beneficiaries. Any Periodic Payments to be made after the death of any Claimant or
Successor Payee shall be made to such party as shall have been designated in, or in accordance
with, the Settlement Agreement or, if the Settlement Agreement does not provide for such
designation, then to the party designated in conformity with this paragraph 8. Any party so
designated is referred to in this Agreement as a "Contingent Beneficiary." If no Contingent
Beneficiary is living at the time of the death of a Claimant or Successor Payee, payment shall be
98854-0618
Page 2 ASI601ST

made to the decedent's estate. As used in this agreement the term "Successor Payee" refers to a
Contingent Beneficiary or an estate that has become entitled to receive Periodic Payments following
the death of a Claimant or a Successor Payee, Except as otherwise provided in the Settlement
Agreement, no designation or change of designation of a Contingent Beneficiary shall be effective
unless such change (i) is requested In a written request submitted to Assignee (or its authorized
agent) in accordance with Assignee's customary procedures for processing such requests; and (ii) is
confirmed by Assignee (or its authorized agent). Except for a designation that is expressly identified
in the Settlement Agreement as irrevocable, any designation of a Contingent Beneficiary shall be
deemed to be revocable; and no party that is designated as a Contingent Beneficiary (other than a
party irrevocably designated as a Contingent Beneficiary in the Settlement Agreement) shall, solely
by virtue of its designation as a Contingent Beneficiary, be deemed to have any cognizable interest in
any Periodic Payments,
9. Failure of Settlement Agreement. If at any time prior to completion of the Periodic Payments, the
Settlement Agreement Is declared terminated in a final, non-appealable order of a court of competent
jurisdiction (or in the case of a workers' compensation settlement, a final order of the applicable
workers' compensation authority): (i) the assignment by Assignor to Assignee of the liability to make
the Periodic Payments, and Assignee's acceptance of such assignment, and the release by
Claimant(s) of Assignor's liability shall be of no force or effect; (ii) Assignee shall be conclusively
deemed to be acting as the agent of Assignor; (iii) the Annuity shall be owned by Assignor; (iv)
Assignee shall have no liability to make any Periodic Payments; and (v) the parties hereto agree to
cooperate in taking such actions as may be necessary or appropriate to implement the foregoing.
Claimant(s) understands and agrees that any income tax liability arising from the termination of the
assignment and change in ownership of the Annuity pursuant to this paragraph shall be borne solely
by the Claimant(s)".
Failure to Satisfy Section 130(c). If at any time prior to completion of the Periodic Payments, it is
conclusively determined that the requirements of Section 130(c) of the Code have not been satisfied
in connection with this Agreement in a final non-appealable ruling or order: (I) the assignment by
Assignor to Assignee of the liability to make the Periodic Payments, and Assignee's acceptance of
such assignment shall be of no force or effect; (ii) the Annuity shall be owned by Claimant; (iii)
Assignor and Assignee shall have no liability to make any Periodic Payments; and (iv) the parties
hereto agree to cooperate in taking such actions as may be necessary or appropriate to implement
the foregoing.
10. Governing Law; Disclosure of Certain Tax Information; Binding Effect.
(1) This Agreement shall be governed by and interpreted in accordance with the internal laws of the
State of Delaware; provided, however, that any Transfer of Payment Rights under this Agreement
may be subject to the laws of other states in addition to the state designated above.
(ii) This Agreement shall be binding upon the parties hereto and their respective successors, heirs,
executors, administrators and permitted assigns, including without limitation any party asserting
an interest in Payment Rights.
11. Advice, Comprehension of Agreement. In entering into this Agreement, each Claimant represents
and warrants that (i) such Claimant has relied solely upon the legal and tax advice of such Claimant's
own attorneys and other advisors, who are the attorneys and advisors of such Claimant's choice,
concerning the legal and income tax consequences of this Agreement; and (ii) the terms of this
Agreement have been completely read by and explained to such Claimant and are fully understood
and voluntarily accepted by such Claimant.
12. Description of Periodic Payments. The Periodic Payments are as set forth immediately below or
(if not set forth below) as set forth in attached Addendum No. 1, which is hereby incorporated In and
made a part of this Agreement.
98854-0618
Page 3 ASI601ST

Description of Periodic Payments:
Periodic Payments Payable to April Copeland (Payee):
$10,900.96 Payable monthly, guaranteed 20 years, to begin 03/01/2024. Last guaranteed payment on 02/01/2044
98854-0618
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This Qualified Assignment and Release Agreement Is signed in one or more counterparts as of the
Effective Date by the -following:
MARICOPA COUNTY
BILL GATESchairman, Board of Supervisors
By (Signature -of Authorized Representative) Till
Approved as to form:
Attes titt.-
USAA Annuity Service Corporation Clerk of the Board of SuPervisors
Assignee (Printed Name of Assignee) Deputorounty Attorn
By (Signature of Authorized Representative) Title
1 ) APRIL COPELAND
-Claimant Name & hue (Printed)
By (Signature of Claimant)
Approved as to Form and Content
Thomas Shorall, Esq.
Claimant's Attorney (Printed Name of Attorney)
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