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SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE (“Settlement Agreement”) is made and entered into this day of September 2020, by and between MORGAN AGGERS and his wife PAMELA CAUDILL, (hereinafter referred to collectively as “Aggers”), and MARICOPA COUNTY, on behalf of Maricopa County, its departments, including Maricopa County Animal Care and Control, its employees, agents and assigns (hereinafter referred to collectively as the “County”). RECITALS A. TARA AND PATRICK IACONO, on behalf of themselves and their minor son, ENZO IACONO,(collectively “Plaintiffs”) filed Notices of Claim with Maricopa County (“Claims”), and a subsequent Complaint against various Defendants, including Maricopa County and Maricopa County Animal Care and Control, a department of Maricopa County, Morgan Aggers and his spouse on behalf of his marital community, in the Superior Court in and for Maricopa County, State of Arizona (Case CV-2020-050108), which Complaint asserted certain acts and omissions alleged to have been committed by employees of Maricopa County, as well as Morgan Aggers. Plaintiffs allege Enzo Iacono, was bitten by a dog owned by Maricopa County, but in the foster care of Defendant Morgan Aggers at the time of the bite (the “Incident”) and assert various physical and emotional damages. B. In the Lawsuit, County disclosed various documents from Morgan Aggers’ application to become a foster volunteer for County and a Waiver and Release of Liability that provide that Aggers would indemnify County for any injuries or property damage caused by a dog in his possession. Aggers denies any liability for indemnification of County in the Lawsuit. Cc. County and Aggers (collectively “the Parties”) each separately have resolved their claims with Plaintiffs and desire to enter into this Settlement Agreement to release and discharge any and all claims which are, or could have been made, the subject matter of the Complaint or the Incident between them, upon the terms and conditions set forth below. AGREEMENT: THE PARTIES AGREE AS FOLLOWS: 1.0 RELEASE AND DISCHARGE: 1.1 The foregoing recitals are incorporated herein by reference as the Agreement of the Parties. 1.2 In consideration of the payment made by Aggers to Plaintiffs as set forth in the separate settlement agreement between Aggers and Plaintiffs, County and Aggers hereby completely release and forever discharge the other party from any and all past, present or future claims, demands, obligations, actions, causes of action, rights, damages, costs, losses of services, expenses and compensation of any nature whatsoever, whether based on a tort, contract or any other theory of recovery, which each now has or which may hereafter accrue or otherwise be acquired, on account of, or may in any way go out of, or which are the subject of the Complaint or the Incident that is the subject of the Complaint (and all related pleadings), including, without limitation, any and all known or unknown claims, which may have resulted or may result from any alleged acts or omissions of County or Aggers. 1.3. This Release and Discharge also applies to past, present and future employers, officers, directors, shareholders, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors, successors-in-interest, spouses, children and the assigns of both County and Aggers, and all other persons, firms or corporations with whom any of them may have been, are now, or may hereafter be delegated in connection with the Complaint or the Incident. 1.4 This Release and Discharge on the part of both County and Aggers shall be fully binding and represents a complete settlement among each of the Releasors and Releasees, their insurers, and their heirs, assigns and successors. 1.5 This Release applies to both known and unknown claims. Each Releasor acknowledges and agrees that the Release and Discharge set forth above is a General Release. Each Releasor expressly waives and assumes the risk of all claims for damages which exist as of this date, or may exist in the future, but of which the Releasor does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect the Releasor’s decision to enter into this Settlement Agreement. The Releasor further agrees that Releasor has accepted this Agreement as a complete compromise of matters involving disputed issues of law and fact. Each Releasor assumes the risk that the facts or law may be other than as Releasor believes. 2.0 ATTORNEYS’ FEES: 2.1. Each party hereto shall bear that party’s own costs, attorney’s fees and other expenses arising out of the actions or that party’s own counsel in conjunction with this matter, including the Complaint, this Settlement Agreement, and the matters and documents referred to herein, the filing of a dismissal of the Complaint and all related matters. 3.0 REPRESENTATION OF COMPREHENSION OF DOCUMENT: 3.1 In entering into this Settlement Agreement, Aggers represents that he has relied upon the advice of his own attorneys, who are the attorneys of his choice, concerning the legal and income tax consequences of this Settlement Agreement; that the terms of this Settlement Agreement have been completely read and explained to Aggers by his attorneys, and that the terms of this Settlement Agreement are fully understood and voluntarily accepted by Releasor. 4.0 WARRANTY OF CAPACITY TO EXECUTE AGREEMENT: 4.1 Aggers 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 the Settlement Agreement, except as otherwise set forth herein; that he has the sole right and exclusive authority to execute this Settlement Agreement and to compromise the disputed claims set forth herein; and that the Releasor has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement Agreement. 5.0 GOVERNING LAW: 5.1 This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of Arizona. 6.0 CONFIDENTIALITY AND ADDITIONAL DOCUMENTS: 6.1 County and Aggers acknowledge their intent that this Agreement shall remain confidential to the fullest extent permitted by law, including that Aggers may discuss the terms of this Agreement only with their legal or tax advisers. County and Aggers agree to cooperate fully and to execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Settlement Agreement. 7.0 ENTIRE AGREEMENT AND SUCCESSORS-IN-INTEREST: 7.1 This Agreement contains the entire agreement between County and Aggers with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each. 8.0 EFFECTIVENESS: 8.1 This Settlement Agreement shall be first signed by Aggers and shall become effective immediately upon the subsequent approval by the vote of the County Board of Supervisors and the written execution by Chairman of the Board of Supervisors for the County. I HAVE READ THIS AGREEMENT, OR IT HAS BEEN READ TO ME, AND I UNDERSTAND ITS CONTENTS. I AM SIGNING IT VOLUNTARILY, WITHOUT COERCION OR DURESS. BA LEZ MORGAN AGGERS STATE OF ARIZONA __+) S. Ss! County of LWAK/L0 LA Public, in and for the County of / Z State of Arizona, personally appeared MORGAN AGGERS, known to me or satisfactorily proved to me to be the person whose name is subscribed to the foregoing instrument, acknowledged to me that she executed the same for the purposes therein contained. On this DW hay of September, 2020, before me, the undersigned Notary Mian OL4 WITNESS WHEREOF, I have hereunto set my hand and seal. i. Hab or. Notary Public My commission expires: LISA HAMILTON otary Public - Arizona Maricopa County Commission # 580510 My Comm. Expires Apr 7, 2024 ’ PAMELA CAUDILL STATE OF ARIZONA ) County of // Lito A } * On this 2Y Pay of September, 2020, before me, the undersigned Notary Public, in and for the County of LA 11LOiY State of Arizona, personally appeared PAMELA CAUDILL, known to me or satisfactorily proved to me to be the person whose name is subscribed to the foregoing instrument, acknowledged to me that she executed the same for the purposes therein contained. WITNESS WHEREOF, I have hereunto set my hand and seal. Notary Public My commission expires: epee LISA HAMILTON \) Notary Public - Arizona RA IB Maricopa County Ze) Commission # 580510 SE 3 My Comm. Expires Apr 7, 2024 Attorney Certification: Approved as to form. Stockton Banfield, GUIDANT LAW, Attorneys for Defendant Aggers and Caudill // SIGNATURES CONTINUE ON NEXT PAGE // FOR AND ON BEHALF OF MARICOPA COUNTY BY: Clint Hickman Chairman, Board of Supervisors Date: ATTEST: Clerk of the Board Date: Attorney Certification: Approved as to form. . By: Christine B. Stutz, Deputy County Attorney, MCAO, Attorneys for Maricopa County