SETTLEMENT AGREEMENT W BOS SIGNATURE LINE.PDF

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SETTLEMENT AGREEMENT AND RELEASE

THIS SETTLEMENT AGREEMENT AND RELEASE (“Settlement
Agreement”) is made and entered into this__th day of November, 2021, by and between
TECHNOLOGY CONSTRUCTION, INC., (hereinafter referred to as “TCI” or the
“Releasor"), and the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
(hereinafter referred to as the “Releasees”).

RECITALS

A. Releasor filed a Complaint (the “Complaint”) in the Maricopa County
Superior Court (Case No, CV2020-012028). The Complaint alleged a breach of contract
claim arising out of repair/replace fencing project bordering a flood control channel
called the Arizona Canal Diversion Channel ((ACDC"), contract number 20200002,

B. Bona fide disputes and controversies exist regarding the fiability of
Releasees on the claim made by Releasor, and Releasees makes no admission of liability
to Releasor,

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

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

1.1 In consideration of the payment set forth in Section 2, Releasor hereby
completely releases and forever discharges Releasees from any and all past, present or
future claims, demands, obligations, actions, causes of action, appeals, wrongful death
claims, 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 the Releasor now has or which may hereafter accrue or otherwise be acquired, on
account of, or may in any way arise 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
Releasees,

12 This Release and Discharge also applies to past, present and future
principals, employers, insurers, officers, directors, shareholders, attorneys, agents,
servants, representatives, employees, subsidiaries, affiliates, partners, predecessors
successors-in-interest, and the assigns of the Releasees, and all other persons, firms or

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corporations with whom any of them may have been, are now, or may hereafter be
delegated.

13 This Release and Discharge on the part of the Releasor shall be a fully
binding and complete settlement among the Releasor and Releasces, his insurers, and his
heirs, assigns, and successors.

14 This Release applies to both known and unknown Injurtes. 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 ali 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 tisk that the facts
or law may be other than as Releasor believes.

15 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 Releasees. 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:

21 In consideration of the Release set forth above, Releasces agree to pay to
Releasor the sum of Two Hundred Fifty Thousand Dollars and No Cents
($250,000,00),

2.2 Releasor requests that the check be made out to TCI and delivered to
Robert O, Dyer, Esq,, 4520 E. Joshua Tree Lane, Paradise Valley, Arizona 85253,

3.0 DELIVERY OF DISMISSAL WITH PREJUDICE:

3.1 Concurrently with the execution of this Settlement Agreement, Releasor
(or attorney for Releasor if represented) shall deliver to attorney for Releasees, an
executed stipulation for dismissal with prejudice of the Complaint. Releasor hereby
authorizes counsel for the Releasees to file the dismissal and a proposed order with the
court and have it entered as a matter of record,

40 ATTORNEYS’ FEES:
4.1 Each party hereto shall bear that party’s own costs, altorney’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

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documents referred to herein, the filing of a dismissal of the Complaint and all related
matters.

§.0 INDEMNIFICATION AGAINST LIENS:

5.1 If relevant, Releasor warrants that there are no judgments against him
related fo the incident, including but not limited to judgments related to medical care and
treatment, Releasor further acknowledges that certain other lien or financial obligation
claims may be made against the benefits received by Releasor. Releasor expressly agrees
that he is solely responsible for ensuring that those liens and other financial obligations, if
legally valid, are fully satisfied or compromised.

If relevant, Releasor hereby agrees to satisfy or compromise from these
settlement proceeds all legally vatid 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 him, and indemnify and hold Releasces harmless from any judgment
against them, including but not limited to payment of court costs, litigation expenses, and
attomey 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 his/her/its own attorneys and advisors, who are the
attomeys and advisors of his/her/its 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 his/her/its attorneys and
advisors, and that the terms of this Settlement Agreement are fully understood and
voluntarily accepted by Releasor.

74 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

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right and exclusive authority to execute this Setdement Agreement and to receive the
sums specified in it; and that the Relcasor has not sold, assigned, transferred, conveyed or
otherwise disposed of any of the claims, demands, obligations or causes of action referred
to in this Setdement Agreement.

8.0 GOVERNING LAW:

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

9.0 ADDITIONAL DOCUMENTS:

9.1 Releasor and Releasees agree to cooperate fully and to execute any and all
supplementary documenis and to take all additional actions that may be necessary or
appropriate to give full foree 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
Releasees 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.

W.0) EFFECTIVENESS;

W110 This Seithement Agreement shall become effective immediately upon
execution.

LHAVE READ THIS AGREEMENT, OR IT HAS BEEN READ TO ME,
AND I UNDERSTAND ITS CONTENTS. | AM SIGNING IT VOLJPINTARILY,
WITHOUT COERCION OR DURESS. “

Mike Oman
Technology Construction, Inc,

Approved as to form and content,

(an Oy

Robert O, Dyet
Attorney for Technology Consiruction, Inc,

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STATE OF ARIZONA )
) ss,
County of Maricepa )

v Th,
faved, this ‘a day of Mventec » 2021, before me, the

undersigned Notary Public, in and for the County of Maricopa, State of Arizona,
personally appeared MIKE OTITMAN, known to me or satisfactorily proved to me to be
the person whose name is subscribed (o the foregoing instrument, acknowledged to me
thal he/she executed the same for the purposes therein contained,

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

Notary Public

BETH U TURNER
eatary Public. State of Atizona
_ Yavapai County
Commission # 666072
My Commission Expires
Novumbar 30, 2679

My commission expires;

fav, 38, Rorr

Maricopa County Board of Supervisors:

Date:

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la

Chair, Maricopa County Board of
Supervisors

ATTEST:

Clerk of the Board of Supervisors

Date:

Approved as to form:

Dar Gon wy Attorney \
Date: [202 |