Free Stipulation of Dismissal of Case - District Court of Colorado - Colorado

Case 1:03-cv-02328-RPM-CBS

Document 81-2

Filed 02/22/2006

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FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT This Full and Final Release and Settlement Agreement ("this Agreement") is made this ___ day of February, 2006, by GREG JOSEPH GONZALES, by and through his next Friend, JUNE BRAVO (Plaintiff) and CITY AND COUNTY OF DENVER ("Defendant"). WHEREAS, Plaintiff and Defendant are parties in a civil action filed in the United States District Court under Civil Action No. 03-cv-2328-RPM-OES (the "Lawsuit"). WHEREAS, Plaintiff desires to settle all of his claims against Defendant asserted in the referenced civil action, and to enter into various agreements related to said civil action and the claims giving rise thereto, in accordance with the provisions and upon the terms and conditions hereafter set forth. IN CONSIDERATION of payment to Greg Joseph Gonzales and Brian DeBauche & Associates, LLC, by the City and County of Denver, the sum of Twelve Thousand Five Hundred Dollars ($12,500.00), Plaintiff agrees as follows: 1. The parties agree that at all times material to the allegations in the Lawsuit, Defendant Officer Brett C. Titus was acting in the course and scope of his employment as a Denver police officer and employee of the City and County of Denver. The parties agree that the Stipulation for Dismissal With Prejudice requesting dismissal of the Lawsuit shall include a provision for dismissal of Defendant Officer Brett C. Titus, with prejudice, as party-defendant. Plaintiff further agrees that this Full and Final Release and Settlement Agreement shall pertain to the City and County of Denver and Defendant Brett C. Titus. 2. Plaintiff hereby releases, acquits, and forever discharges Defendants Officer Brett C. Titus and the City and County of Denver, all other related persons and entities, both past and present, including but not limited to the City and County of Denver, its departments, divisions, insurers, principals, attorneys, agents, employees, employers, successors, servants, elected officials, officers, and directors, of and from any and all liabilities, claims, demands, rights, controversies, agreements, damages, actions, causes of actions, expenses, attorney's fees, interest, compensation, judgment and any and all consequential and punitive damages, of whatsoever kind and nature, either in law or in equity, which might exist with regard to all claims related to or giving rise to Civil Action No. 03-cv-2328-RPM-OES, in the United States District Court, including, but not limited to, all claims arising out of an incident which occurred on or about August 23, 2001, at or near 2101 South Harlan Street, Denver, Colorado. 3. Plaintiff hereby acknowledges that the settlement referenced herein is conditioned upon approval of the Denver City Council. In the event that the Denver City Council fails to approve or fund the payment of the monetary consideration set forth herein, this Agreement becomes null and void. 4. Plaintiff acknowledges and agrees that this Agreement, and the terms thereof, shall be binding on his agents, attorneys, servants, employers, employees, principals, heirs, executors, administrators, insurers, successors, assigns, subrogees, and any and all other persons 1
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Case 1:03-cv-02328-RPM-CBS

Document 81-2

Filed 02/22/2006

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or entities which have or may have any claim on behalf of themselves or be entitled to share in any settlement thereof. 5. It is understood and agreed that the payment of said sum is in full settlement of and is a compromise of Plaintiff's disputed claims; that payment made under this Agreement is not to be construed as an admission of liability on the part of the persons and entities hereby released; and that any liability by said persons and entities is hereby expressly denied. 6. Plaintiff acknowledges that a portion of the consideration given for this Agreement is being given for the full and final release of any and all unknown losses, claims, injuries, costs, expenses, and damages which either may have occurred in the past and are not yet known, or which may occur in the future and are not presently known with respect to the lawsuit. Plaintiff agrees to voluntarily and knowingly assume the risk of any mistake of fact, either mutual or unilateral, with respect to said losses, claims, injuries, costs, expenses, and damages, and shall not, under any circumstances, seek to present further claims himself, or on behalf of his agents, attorneys, servants, employers, employees, heirs, executors, administrators, insurers, successors, assigns and subrogees as against the persons and entities herein released. 7. Plaintiff represents that there are no outstanding subrogated interests or liens related to this lawsuit. It is understood and agreed that this Agreement is intended to forever discharge any and all subrogated interests or liens related to this lawsuit. Plaintiff agrees to indemnify and hold Defendants harmless from any and all claims, actions, and liability whatsoever, including any attorney's fees or costs incurred by Defendants, which might arise from any unpaid or unsatisfied subrogated interest or lien. Plaintiff acknowledges and agrees that it is Plaintiff's intent to indemnify, defend, and hold Defendants harmless as provided in this paragraph of this Agreement, in the event any other provision of this Agreement is deemed unenforceable and invalid for any reason, as it is Plaintiff's express intent and understanding that this provision of this Agreement be viewed as a separately bargained for and independent provision. 8. Plaintiff further covenants and agrees that he will not bring any action at law, proceeding in equity, administrative proceeding, or otherwise, nor prosecute or sue the Defendants by way of complaint, counterclaim, or by any other manner at all, relating to the facts and claims which were or could have been asserted in the lawsuit. 9. This Agreement is further intended to and does release, acquit, and forever discharge any and all claims for attorney's fees or other litigation expenses which might exist with regard to the lawsuit. 10. Plaintiff hereby assumes responsibility for any and all tax consequences associated with the settlement referenced herein. 11. Contemporaneously with the execution of this Agreement, and as part consideration thereof, Plaintiff agrees to promptly execute and file with the Court a Stipulation for Dismissal With Prejudice pertaining to the lawsuit. As a term of the Stipulation for

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Case 1:03-cv-02328-RPM-CBS

Document 81-2

Filed 02/22/2006

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Dismissal With Prejudice and of this Agreement, each party agrees to pay their own costs and attorney's fees. 12. It is further understood and agreed that no promise, inducement, or agreement not herein expressed has been made to Plaintiff; that this Agreement contains the entire terms of the agreement between the parties to settle the herein described dispute; that the terms are contractual and not a mere recital; and that this Agreement shall be construed according to the laws of the State of Colorado. 13. Every provision of this Agreement is intended to be severable, unless otherwise noted. In the event that any term or provision hereof is declared to be illegal or invalid, for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 14. Plaintiff further declares that he has fully and carefully read this Agreement, has consulted legal counsel of his own choice and fully understands the contents thereof, and signs the same as his own free act. ___________________________________ Greg Joseph Gonzales ___________________________________ Social Security No. (Required) STATE OF COLORADO City and County of Denver ) ) ss. )

SUBSCRIBED and SWORN to this ____ day of February, 2006, by Greg Joseph Gonzales as being true and correct to the best of his knowledge, information and belief. __________________________________ Notary Public My Commission expires: _____________________________

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Case 1:03-cv-02328-RPM-CBS

Document 81-2

Filed 02/22/2006

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___________________________________ June Bravo ___________________________________ Social Security No. (Required) STATE OF COLORADO City and County of Denver ) ) ss. )

SUBSCRIBED and SWORN to this ____ day of February, 2006, by June Bravo as being true and correct to the best of his knowledge, information and belief. __________________________________ Notary Public My Commission expires: _____________________________ APPROVED AS TO FORM: BRIAN DEBAUCHE & ASSOCIATES, LLC

__________________________________ Brian DeBauche, Esq. 401 Kalamath Street Denver, CO 80204 Tax ID No. _________________________

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