SETTLEMENT AND RELEASE AGREEMENT TORO V COT 4 30 26.DOCX

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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (“Agreement”) is entered into between Plaintiff Turee 
Toro, as surviving parent of Sean Bickings, (“Plaintiff”) and the Defendant City of Tempe (“City”), 
an Arizona municipal corporation, on behalf of itself and defendants Jeffrey Glover, Greg Ruiz, 
Bryan Berman, Kelly Bennett, and Jeffrey Gebbie (collectively, “Defendants”). Plaintiff and 
Defendants are collectively referred to as the “parties.” This Agreement is dated April 30, 2026, 
and is effective upon full execution by the parties.
RECITALS
A.
Plaintiff filed a Complaint in Maricopa County Superior Court, captioned Turee Toro v. 
City of Tempe, et al. pending in Maricopa County Superior Court, Case No. 2023-007960, 
alleging that Defendants were negligent in not preventing and saving her adult son, Mr. 
Bickings, from drowning in Tempe Town Lake on May 28, 2022 (collectively referred to 
as the “Claims”). Defendants expressly deny any duty or liability to Plaintiff. 
B.
The parties engaged in litigation, and thereafter, without conceding the merit or lack of merit 
of any claim or defense or the existence of liability whatsoever, entered into negotiations 
and have agreed to settle, compromise, and finally and forever resolve all matters, 
controversies, disputes, and claims that may exist or that could have been asserted against 
the other party relating to the incident alleged in the Lawsuit and the Claims.
C.
Without any party admitting liability for any claims or allegations in the Lawsuit and 
hereby denying same, the parties have reached a resolution of any and all of their disputes.
NOW, THEREFORE, in consideration of the mutual covenants and promises in this Agreement, 
and for other good and valuable consideration, the adequacy and sufficiency of which are hereby 
acknowledged, the parties agree as follows:
AGREEMENT
1. Settlement Payment. The City, on behalf of all Defendants, agrees to pay to Plaintiff the 
sum of One Hundred Fifty Thousand Dollars ($150,000) (the “Settlement Payment”), 
made payable to Taylor & Gomez LLP IOLTA In Trust For Turee Toro. Plaintiff has 
provided a W-9 to the City for the payee.
 
2. Dismissal of the Lawsuit. Within ten (10) business days after Plaintiff’s receipt of the 
Settlement Payment, the parties will execute and file a stipulation for dismissal with prejudice 
of the Lawsuit, in its entirety, each side to pay its own fees and costs. Each party shall take 
such further actions as may be necessary to obtain the dismissal with prejudice of the Lawsuit 
against Defendants, with each side to bear its own attorneys’ fees and costs. 
3. Release. Upon payment of the Settlement Payment, Plaintiff and her successors and assigns, 
release the Defendants, and their insurers, employees, elected and appointed officials, agents,

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assigns, successors and heirs from any and all claims, demands and causes of action relating 
to the Claims and to events alleged in the Lawsuit, including, but not limited to, claims asserted, 
or which could have been asserted, known or unknown, in the Lawsuit.
4.
Liens. Plaintiff agrees to settle liens, medical, legal and otherwise, and all Medicaid or 
Medicare obligations out of the Settlement Payment and release Defendants from any 
obligation for such liens and obligations. Plaintiff further agrees that upon receipt of the 
Settlement Payment, Plaintiff will indemnify and defend the Defendants against any liens for 
services provided to Plaintiff arising out of the injuries and claims referenced in the Lawsuit. 
Plaintiff will release and hold the Defendants and their present and former employees, agents, 
directors, officers, insurers, and attorneys free and harmless of any and all such liens. 
5. Taxes. Plaintiff agrees that she is responsible for any and all tax implications to Plaintiff 
regarding Plaintiff’s receipt of the Settlement Payment.
6. Binding Agreement. This Agreement is binding and inures to the benefit of the parties, their 
successors, and assigns. Each person signing this Agreement or any portion thereof on behalf 
of any party hereby warrants and represents that such person expressly has been authorized to 
execute this Agreement on behalf of such entity as a document legally binding on such entity, 
and that such person has full authority to take all such reasonable, necessary, and appropriate 
actions that may be required or permitted to be taken pursuant to the Agreement to effectuate 
its terms.
7. Complete Agreement. This Agreement constitutes the complete and final agreement between 
the parties pertaining to the subject matter of this Agreement. All prior or contemporaneous 
agreements, representations, and understandings of the parties, whether oral or written, are 
hereby superseded, and incorporated herein. This Agreement may be modified only by a written 
amendment signed by the parties or their respective counsel.
8. No Admission of Liability. This Agreement shall not be construed as an admission of liability 
by any of the parties in the Lawsuit.
9. Reliance on Counsel. The terms, provisions, and conditions of this Agreement are the result 
of negotiations in good faith and at arm's length between Plaintiff and Defendants, each of 
which has been represented by legal counsel of their own choosing. Accordingly, the terms, 
provisions and conditions of this Agreement shall be interpreted and construed in accordance 
with their usual and customary meanings, without application of any rule of interpretation or 
construction providing that ambiguous or conflicting terms, conditions, or provisions shall be 
interpreted or construed against the party whose legal counsel prepared the executed version 
or any prior drafts of this Agreement.
10. Authority and Capacity. Each party represents, warrants, and agrees that the party: (i) has made 
such investigation of the facts pertaining to this settlement and this Agreement and of all the 
matters pertaining thereto as it deems necessary; (ii) has had the opportunity to have counsel 
of their choosing review this Agreement; (iii) has read this Agreement, understands its

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contents, and has executed it voluntarily and without duress or undue influence from any 
person or entity; and (iv) has full power and authority to enter into and perform all actions or 
transactions contemplated by this Agreement. Without limiting the generality of the foregoing 
in any way, each party represents and warrants that it (i) is the sole legal owner of, and has full 
right, title, and interest in, the claims upon which it sued in the Lawsuit; and (ii) has full right, 
power, and legal authority to execute this release.
11. Conflicts; Perceived Breach. In the event any party believes the other party has breached the 
provisions of this Agreement, the parties agree to first, contact the other party's counsel to 
discuss their concern. This Agreement, and any disputes related thereto, shall be governed by 
the laws of the State of Arizona, and the parties expressly agree that venue and jurisdiction is 
proper in the Maricopa County Superior Court.
12. Conflict of Interest. This Agreement is subject to cancellation under the provisions of A.R.S. 
§ 38-511.  
13. Counterparts. This Agreement may be executed in one or more counterparts, each of which 
shall be deemed to be an original, but all of which together shall constitute one and the same 
instrument. Signatures by facsimile or other electronic imaging shall be deemed to constitute 
original signatures.
SIGNATURE PAGE TO FOLLOW

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TUREE TORO
Signed dated: ___________, 2026
_____________________________ 
CITY OF TEMPE,
an Arizona municipal corporation
By:
Rosa Inchausti
Signed dated:   _____________, 2026
ATTEST:
By:
Kara DeArrastia, City Clerk
APPROVED AS TO FORM:
By:
Eric C. Anderson, City Attorney