C-75-21-000-X-00 SETTLEMENT AGREEMENT AND RELEASE.PDF

SETTLEMENT AGREEMENT AND RELEASE

THIS SETTLEMENT AGREEMENT AND RELEASE (“Settlement
Agreement”) is made and entered into this ___ day of August 2020 by and between
JESSICA MEYER, (hereinafter referred to as the “Releasor”) and MARICOPA
COUNTY (hereinafter referred to as the “Releasee”).

RECITALS

A. On April 11, 2019, JESSICA MEYER filed a Complaint against
Releasee, MARICOPA COUNTY, in the Maricopa County Superior Court; the
matter was assigned Case # CV2019-090361 and alleged that Plaintiff sustained
personal injuries as a result of events that occurred at a Maricopa County Animal
Care and Control facility on April 5, 2018.

B. Bona fide disputes and controversies exist regarding Releasee’s
liability on the claims made by Plaintiff, and Releasee makes no admission of
liability to Plaintiff.

C.  Releasor and Releasee desire to enter into this Settlement Agreement
in order to provide for certain payments and full settlement and discharge of all
claims which are, or might be made, and the subject matter of the Complaint, upon
the terms and conditions set forth below.

AGREEMENT:
THE PARTIES AGREE AS FOLLOWS:
1.0 RELEASE AND DISCHARGE:

1.1. In consideration of the payment set forth in Section 2, Releasor
hereby completely releases and forever discharges Releasee from any and all past,
present or future claims, demands, obligations, actions, causes of action, wrongful
death claims, rights, damages, costs, claims for loss of services, lost wages,
medical bills, expenses and compensation of any nature whatsoever, whether
based on a tort, contract or any other theory of recovery, which the Releasor 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 (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 the
Releasee.

1.2 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, and the assigns of the Releasee, and all other persons, firms
or corporations with whom any of them may have been, are now, or may hereafter
be delegated.

1.3. This Release and Discharge on the part of the Releasor shall be fully
binding and complete settlement among the Releasor and Releasee, their insurers,
and their heirs, assigns and successors.

1.4 This Release applies to both known and unknown injuries. The
Releasor acknowledges and agrees that the Release and Discharge set forth above
is a General Release. Releasor expressly waives and assumes the risk of any and
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 payment of the sum specified
below as a complete compromise of matters involving disputed issues of law and
fact. Releasor assumes the risk that the facts or law may be other than as Releasor
believes.

1.5° It is understood and agreed that this Settlement and payment is made
in compromise of a doubtful and disputed claim, any and all liability for which is
expressly denied by Releasee. Neither this Agreement nor any payment hereunder
shall be construed or be used as an admission of negligence, fault, or liability on
the part of the Releasees.

2.0 PAYMENTS:

2.1 In consideration of the Release set forth above, Releasee agrees to
pay Realeasor the sum of Three Hundred Thousand ($300,000.00) Dollars.

3.0 DELIVERY OF DISMISSAL WITH PREJUDICE:

3.1. Concurrently with the execution of this Settlement Agreement,
attorney for Releasor shall deliver to attorney for Releasee, an executed dismissal
with prejudice of the Complaint. Releasor hereby authorizes counsel for the
Releasee to file the dismissal with the court and have it entered as a matter of
record.

4.0 ATTORNEYS’ FEES:

4.1 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.

5.0 INDEMNIFICATION AGAINST LIENS:

5.1 Releasor warrants that there are no judgments against her related to
the incident, including but not limited to judgments related to medical care and
treatment. Releasor further acknowledges that certain other liens or financial
obligation claims may be made against the benefits received by Releasor.
Releasor expressly agrees that she is solely responsible for ensuring that those
liens and other financial obligations are fully satisfied or compromised. Releasor
hereby agrees to satisfy or compromise from these settlement proceeds all liens,
rights of subrogation, rights of reimbursement and/or other financial obligations
which arose out of the benefits received by Releasor, including (1) any medical,
dental, or mental health treatment obtained by the Releasor as a result of or arising
from the Incident; (2) any enforceable hospital liens pursuant to A.R.S. § 33-931;
(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; (4) any subrogation lien; or (5) any bills, claims, and
liens in any manner arising in favor of any health care provider or insurer who has
provided or paid for medical or health care of any kind to the Releasor; it being
specifically recognized that said liens and obligations are the sole responsibility of
Releasor. Releasor agrees to defend any claim, charge or action arising out of an
alleged failure to satisfy any outstanding liens, rights of subrogation, rights of
reimbursement, including any Medicare, Medicaid lien or obligation, and/or any
other financial obligations incurred as a result of benefits received by her, and
indemnify and hold Releasee harmless from any judgment against Releasee,
including but not limited to payment of court costs, litigation expenses, and
attorney fees.

6.0 REPRESENTATION OF COMPREHENSION OF
DOCUMENT:

6.1 In entering into this Settlement Agreement, Releasor represents that
Releasor has relied upon the advice of her own attorneys, who are the attorneys of
her 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 the Releasor by her attorneys, and that the terms of this
Settlement Agreement are fully understood and voluntarily accepted by Releasor.

7.00 WARRANTY OF CAPACITY TO EXECUTE AGREEMENT:

7.1 Releasor 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
Releasor has the sole right and exclusive authority to execute this Settlement
Agreement and to receive the sums specified in it; 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.

8.0 GOVERNING LAW:

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

9.0 ADDITIONAL DOCUMENTS:

9.1 Releasor and Releasee 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.

10.0 ENTIRE AGREEMENT AND SUCCESSORS-IN-INTEREST:

10.1 This Agreement contains the entire agreement between Releasor and
Releasee 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.

11.0 EFFECTIVENESS:

11.1. This Settlement Agreement shall become effective immediately
upon execution by each of the parties.

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.

FOR AND ON BEHALF OF
MARICOPA COUNTY

Clint Hickman
Chairman, Board of Supervisors

Date

ATTEST:

Clerk of the Board

Date

Hu

Date

qth, 2020

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AUG ' 0 2020

Aerio A Aq

JESSICA MEYER’ /

STATE OF CALIFORNIA
ss
County of Santa Barbara

day of August 2020, before me, the undersigned Notary Public, in
the County of Santa Barbara, State of California, personally appeared
YER, 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 he purposes therein contained.

IN WITNESS WHEREOF, have hereunto set my hand and seal.

Notary Public

My commission expires:

Attorney Certification:

I, the undersigned, am the attorney for Releasor and have advised my client
that by signing this Settlement and Release and accepting the considerations
set forth in the Release, she is releasing any claim for unknown injuries and
damages. I certify that I have explained this document to the Releasor, that
she understands it, and agrees to its terms. I approve the form and contents of
this Settlement and Release.

py: Sa Sy

Attorney

ALL-PURPOSE ACKNOWLEDGMENT

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A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California

County of ua ulis ObiS00

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OPTIONAL INFORMATION

The information below is optional. However, it may prove valuable and could prevent fraudulent attachment

and acknowledged to me that he/she’they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

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JOTARY’'S SIGNATURI:

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4: 2005 201? VALLEY SHLRRA INSURANCE