CASEY SETTLEMENT AGREEMENT

1 SETTLEMENT AND RELEASE AGREEMENT
2 THIS SETTLEMENT AND RELEASE AGREEMENT, is entered into
("Agreement"), by Timothy J. Casey for and on behalf of the firm Schmitt, Schneck,
3 Smyth, Casey & Even, P.C. ("Claimants"), and Maricopa County ("County"). Claimants
4 and County are collectively referred to as "the Parties."
5 RECITALS
6 1. On or about November 13, 2013, Claimants entered into an agreement with the
7 County to provide outside legal services.
8 2. Claimants incurred fees and expenses of ethics counsel they engaged and have
9 filed a reimbursement claim in the amount of $116,633.81. (the "Claim").
10 3. A disagreement has arisen as to responsibility for the Claim.
11 4. Claimants and the County have agreed to settle the Claim for FIFTY EIGHT
12 THOUSAND THREE HUNDRED AND SIXTEEN DOLLARS ($58,316.00)
("Settlement Sum").
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AGREEMENTS
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15 1. County agrees to pay the Settlement Sum and the Claimants accept said sum in full
16 satisfaction of any and all amounts related to the Claim.
17 2. The Parties understand and agree that the payment of the Settlement Sum is not an
admission of liability on the part of the County. It is a compromise and full settlement of
18 the Claim.
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3. The Parties understand and agree that this is a full and complete release of the
I 20 County_and that there is no written or oral understanding or agreement directly or
21 indirectly connected with this Settlement and Release Agreement that is not stated in this
Agreement.
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4. The Parties represent and warrant that they each respectively have the whole right
23 and exclusive authority to execute this Agreement either individually, or on behalf of the
24 entity indicated, and to receive the sum specified in it; and that they have not sold,
assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands,
25 obligations or causes of action referred to in this Agreement.
26 5. This Agreement may be signed in any number of counterparts; all counterparts are
27 deemed to constitute one and the same instrument, and each counterpart is deemed to be
an original of that instrument.
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4 BY:
Tim th J. Casey, in ally and or behalf
5 of the irm of Schmitt, Schneck, Smyth, Casey & Even, P.0
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State of Arizona
9 ) ss.
10 County of Maricopa
v'r
11 On this I 6 day of n RA r-V , 2016, before me, the undersigned
Notary Public, personally appeared Timothy J. Casey, known to me to be the person
112 whose name is subscribed to the foregoing instrument, and acknowledge that she executed
13 the same for the purposes therein stated.
14 In witness whereof, I hereunto set my hand and official seal.
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16
tary Pub ic
17 OFFICIAL SEAL
18 My Commission Expires: ACQUELINE °MAY PUBLIC BARTHOLOMEW - State of Arizona
19 t.fty Comm. MARICOPA E*Ires August COUNTY 29, 201
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I FOR AND ON BEHALF OF MARICOPA COUNTY:
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3 BY:
4 Clint Hickman, Chair Date
Board of Supervisors
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6 ATTEST:
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8 13y :
Clerk of the Board Date
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10 APPROVED AS TO FORM:
11 Counsel for the County has reviewed this Settlernent Agreement and Release and has
determined that it is in proper form and is within the powers, authority, and discretion
12 granted to the County and/or the Board of Supervisors under the laws of the State of
Arizona.
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14 BY:
15 Michelle L. Wood Date
Deputy County Attorney
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