MONTEZ SETTLEMENT AGREEMENT.PDF

A.

SETTLEMENT AGREEMENT
AND
RELEASE OF ALL CLAIMS

RECITALS

This Settlement Agreement and Release of All Claims (“Agreement”) is entered into by
Daniel Charles Montez (“Plaintiff”) on his own behalf.

Plaintiff filed a lawsuit against Dan Moody Russell, III (“Defendant”) in United States
District Court for the District of Arizona entitled Daniel Charles Montez v. Maricopa
County, et al., CV-19-00349-SMB-PHX (D. Ariz.) (“the Claim”), arising out of an
incident that occurred on or about January 1, 2018 (“Incident”).

Defendant denies any responsibility, obligation, or liability arising out of the Incident, but
nonetheless desires to fully settle the Claim.

Plaintiff and Defendant (hereinafter jointly “the Parties”) desire to fully settle the Claim
along with any other potential liability arising out of the Incident as against Defendant,
his agents, departments, supervisors, managers, employees, servants, contractors, insurers
and all other persons, firms, or corporations with whom any of them have been, are now,
or may hereafter be affiliated (collectively “Released Parties”).

For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Plaintiff enters into this Agreement.

AGREEMENT

Incorporation of Recitals

The foregoing recitals are incorporated herein by reference as the Agreement of the
Parties.

Payment of the Claim

For and in consideration of the release and other obligations set forth below, THE
RELEASED PARTIES agree to make a single lump-sum payment to Plaintiff in the
amount of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) in full
settlement of the above claim. This payment shall be by check/warrant payable to the
BLACKWELL LAW OFFICE, PLLC on behalf of their client Daniel Charles Montez.
Plaintiff specifically, agrees the Payment will not be received until after the Plaintiff and
her counsel have fully executed this Settlement Agreement and have returned it to
counsel for Defendant/RELEASED PARTY.

General Release

In consideration of the payments called for herein, Plaintiff, on Plaintiff's own behalf,
and on behalf of Plaintiffs heirs, devisees, executors, administrators, successors, and
assignees hereby completely RELEASES, ACQUITS AND FOREVER DISCHARGES
the RELEASED PARTIES of and from any and all past, present or future claims,
demands, obligations, actions, causes of action, wrongful death claims, survival claims,
rights, damages, costs, losses of consortium, hedonic damages, economic loss, loss of
services, loss of business, business interruption, property damage, expenses and
compensation of any nature whatsoever, whether based on tort, contract, or other theory
of recovery, and whether for compensatory or punitive damages, which Plaintiff now has,
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 Incident or the Claim, including, without
limitation, any and all known or unknown claims which now exist or may hereafter arise
in favor of Plaintiff or Plaintiff's community estate, if any, in connection with the
incident. This Agreement shall be fully binding and a complete settlement between the
Parties.

Plaintiff hereby acknowledges and agrees 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 Plaintiff does not know or suspect to exist,
whether through ignorance, oversight, error, negligence, gross negligence or otherwise,
and which, if known, would materially affect Plaintiffs decision to enter into this
Agreement. Plaintiff acknowledges and agrees that this Agreement is being made with
full knowledge that formal discovery in this case has not been completed. Plaintiff waives
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 Plaintiff did not have information or knowledge
that was material to Plaintiff's decision to completely, fully and finally discharge and
release any and all claims against Released Parties. Plaintiff further agrees that Plaintiff
has accepted payment of the sum specified herein as a complete compromise of matters
involving disputed issues of law and fact and assumes the risk that the facts or law may
be otherwise than Plaintiff believes.

No Admission of Liability

It is understood and agreed by the Parties to this Agreement that this settlement is a
compromise of doubtful and disputed claims, and the payments are not to be construed as
an admission of liability on the part of the Released Parties by whom liability is expressly
denied.

Payment of Liens

Plaintiff agrees that the Released Parties are not responsible for payment of (1) any
medical, dental, or mental health treatment which was provided as a result of or arising
from the Incident; (2) any hospital liens that have been filed or may be filed for past
medical expenses relating to the Incident; (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 federal statute, rule, or regulation relating to the Incident; (4) any liens or rights
of recovery by Arizona Health Care Cost Containment System (AHCCCS), and any of its
divisions or subsidiaries (5) any subrogation lien; or (6) any bills, claims, liens and/or
rights of recovery in any manner arising in favor of any health care provider who has
provided medical or health care of any kind as a result of the Incident; it being
specifically recognized that said liens and obligations are the sole responsibility of
Plaintiff.

Plaintiff represents and warrants that he is not a Medicare beneficiary and is not currently
eligible to become a Medicare beneficiary within thirty (30) months. Plaintiff
acknowledges that he has duly considered Medicare’s interests in accordance with
applicable law and is responsible for identifying any existing Medicare liens or
conditional payments relating to the claimed injury that is the subject of this settlement.
Plaintiff warrants 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 at 42 U.S.C. sec. 1395y(b)(2).

Indemnity

Plaintiff agrees to DEFEND, REIMBURSE, HOLD HARMLESS, AND INDEMNIFY
the Released Parties from any liability arising from (1) any subrogation claim to which
Plaintiff's recovery may be subject; (2) liens for any compensation paid under any statute
or regulation, state or federal; (3) medical payments due or claims to be due; (4) any
attorney lien asserted by any prior legal representative; (5) any contract pertaining to the
proceeds from the settlement referred to in this Agreement; and/or (6) all claims, liens,
tights 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.

Plaintiff agrees to DEFEND, HOLD HARMLESS, AND INDEMNIFY the Released
Parties from and against all claims, liens, rights of recovery, subrogation claims or liens,
obligations, actions, penalties, causes of action, and damages, arising in favor of any
health care provider or payor who has provided or paid for medical and health care of any
kind in connection with the Incident. Plaintiff agrees to fully pay and satisfy any and all
unpaid bills, liens, rights of recovery and claims for which he is determined to be liable,
and to obtain a complete release of all such bills, liens, rights of recovery and claims.

Plaintiff further agrees to fully DEFEND, REIMBURSE, HOLD HARMLESS AND
INDEMNIFY the Released Parties from all losses, damages, expenses, and costs,
including but not limited to court costs, investigation expenses, penalties and attorney's
fees, which Plaintiff may incur in connection with any such bills, liens, or claims
mentioned above regardless of cause, any fault, or negligent or grossly negligent acts or
omissions of Plaintiff.

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Warranty of Capacity to Execute Agreement

Plaintiff represents and warrants 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 Plaintiff has the sole right and exclusive authority to execute this Agreement and
receive the sums specified in it; and that Plaintiff has not sold, assigned, transferred,

onveyed or otherwise disposed of any of the claims, demands, obligations, or causes of
action referred to in this Agreement.

Entire Agreement and Successors in Interest

This Agreement contains the entire agreement between the Parties with regard to the
matters 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.
Plaintiff further declares and represents that no promise, inducement, or agreement not
herein expressed has been made to Plaintiff, and that this Agreement contains the entire
agreement between the Parties.

Representation of Comprehension of Document

Plaintiff acknowledges that Plaintiff completely read and understood the terms of this

Settlement, and that those terms are fully understood and voluntarily accepted by
Plaintiff.

Governing Law

This Agreement shall be construed and interpreted in accordance with the laws of the
State of Arizona.

Income Tax Consequences

None of the Released Parties have made any representations concerning, nor shall they be
responsible in any manner for, the income tax consequences to Plaintiff resulting from
the execution of this Agreement, or from any payment made pursuant to this Agreement.
Effectiveness

This Agreement shall become effective immediately upon its execution by Plaintiff.

Released Parties/Third-Party Beneficiaries

The Parties intend that all Released Parties are third-party beneficiaries under this
Agreement, with all rights associated therewith.

SIGNATURES ON NEXT PAGE

THE UNDERSIGNED HAS READ THIS AGREEMENT AND RELEASE OF ALL
CLAIMS AND UNDERSTANDS ITS TERMS AND EXECUTES IT VOLUNTARILY

WITH KNOWLEDGE OF THOSE TERMS AND THEIR SIGNIFICANCE.

Daniel Charles Montez
Plaintiff
State of Arizona )
. ) Ss.
County of Manan) )

On this the SA da of (i 4 wer , 2022 before me, the undersigned Notary Public, in and
Waricona :

for the County of State of Arizona, personally appeared Daniel Charles Montez,
known to me or satisfactorily proved to me to be the person whose name is subscribed to the
foregoing instrument, acknowledged to me that he executed the same for purposes therein
contained.

IN WITN) WHEREOF I have hereunto set my hand and seal.

Notary Public: ypnaCovr Lh

SS
My Commissidg/Expires: vl nhod MARICOPA COUNTY
Commission # 884971
Expires June 17, 2024

APPROVED AS TO FORM BY LEGAL COUNSEL:

By:
Printed Neen: Jocquese L. Blackwell, Esq.

Counsel for Daniel Charles Montez

Date: October 3, 2022

SIGNATURES CONTINUED ON NEXT PAGE

Daniel Charles Montez v. Maricopa County, et al.
CV-19-00349-SMB-PHX (D. Ariz.)

FOR AND ON BEHALF OF
MARICOPA COUNTY BOARD OF SUPERVISORS

Bill Gates, Chairman
Board of Supervisors

Date:

ATTEST:

Juanita Garza
Clerk of the Board

Date:

Approved as to form:
ual —

Maxine'S. Mak
Deputy County Attorney

Date: [9/04 PP