Coleman Stewart Settlement Agreement

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RELEASE AND SETTLEMENT AGREEMENT
This Release and Settlement Agreement (the “Agreement”) is entered into as of July 7,
2022, by and between COLEMAN STEWART, (“Mr. Stewart”) and THE CITY OF BOULDER
(“Boulder”), and is intended to fully and finally settle and resolve all of the claims that were or
could have been asserted in Cole Stewart v. City of Boulder, United States District Court for the
District of Colorado Civil Action No. 1:19-cv-01588-RMR-NYW (the “Action”). Mr. Stewart
and Boulder may each be referred to herein as a “Party” and, collectively, as “Parties”.
RECITALS
A. Mr. Stewart filed a complaint and two amended complaints in the Action against
Boulder and several current and former Boulder police officers seeking damages arising from an
officer-involved shooting incident that took place on May 30, 2014 and Mr. Stewart’s subsequent
prosecution.
B. Mr. Stewart previously voluntarily dismissed all current and former individual
Boulder police officers, leaving the City of Boulder as the sole remaining named defendant in the
action.
C. The Parties desire to enter into this Agreement to fully settle and discharge any
and all claims which have been asserted or could have been asserted in the Action, upon the terms
and conditions set forth herein.
AGREEMENT
In consideration of the recitals, agreements, promises, and warranties set forth herein, and
for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Parties agree as follows:
1. PAYMENT. Within 15 days after approval of this Agreement by Boulder City

Council (the “Settlement Date”), a settlement payment shall be made on behalf of the City to Mr.
Stewart for the sum of One Million Three Hundred Thousand Dollars ($1,300,000) made payable
to Loevy & Loevy and Coleman Stewart.
2. DISMISSAL OF LEGAL ACTION. Upon Mr. Stewart’s receipt of the Settlement

Sum, the Parties shall enter into a stipulation for dismissal with prejudice of the Action, with each
party to bear his or its own attorneys’ fees and costs.
3. NON-DISPARAGEMENT. The City of Boulder and any of its agents or

employees will not disparage Mr. Stewart or make any statement which could reasonably be
expected to adversely affect his personal or professional reputation. Similarly, Mr. Stewart will
not disparage the City of Boulder or any of its agents or employees or otherwise make any
statement which could reasonably be expected to adversely affect the personal or professional
reputation of the City of Boulder or any of its agents or employees. This provision shall not apply
to statements made in response to a subpoena or lawful court order.
4. AGREED STATEMENT. As soon as practicable after the Settlement Date, the

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parties shall issue a joint statement in the form attached as Exhibit A to this Agreement.
5. RELEASE AND DISCHARGE. Except for the specific obligations arising out of
this Agreement, for and in consideration of the mutual promises, covenants, releases, and payments
set forth herein, each Party, for himself or itself, and for all other persons claiming by, through or
under him or it, hereby completely and forever releases and discharges the other Party and all other
persons claiming by, through or under the other Party, as well as the other Party's heirs, successors,
elected and appointed officials, present and past employees, assigns and agents, from all claims,
demands, actions, losses, causes of action, damages, costs, and expenses of any kind (collectively,
the “Claims”) that were or could have been asserted in the Action. Mr. Stewart specifically releases
and discharges any claims he may have against any Boulder police officers, past or present, arising
out of or related to the transactions and events that were the subject of the Action.
6. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT. The Parties each

represent and warrant that they have read this Agreement and know and understand its contents
fully. The Parties each further represent and warrant that they have voluntarily executed this
Agreement after having consulted with counsel of their choosing, and without being pressured or
influenced by any representation of any person acting on behalf of the other Party.
7. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST. This Agreement

contains the entire agreement between the Parties, and the terms of this Agreement are contractual
and not a mere recital. This Agreement shall be binding upon and inure to the benefit of the
executors, administrators, personal representatives, devisees, agents, employees, officers,
directors, trustees, conservators, guardians, beneficiaries, heirs, successors, and assigns of each of
the Parties.
8. MODIFICATION. This Agreement may not be modified except by a mutually

executed amendment, dated and executed by authorized representatives of each of the Parties. No
oral statement or writing that does not meet the requirements of this paragraph will constitute a
modification or waiver of any provision of this Agreement.
9. WAIVER. No breach of any provision of this Agreement shall be deemed waived

unless it is waived in writing. Waiver of any one breach shall not be deemed a waiver of any other
breach of the same or any other provision of this Agreement.
10. NO ADMISSION OF LIABILITY. It is understood and agreed that this Agreement

represents a compromise of disputed claims and shall not to be construed as an admission of
liability by or against any of the Parties, each of whom expressly denies any such liability.
11. NO ASSIGNMENT OF CLAIMS. The Parties represent and warrant they have
neither pledged, encumbered, transferred, granted, assigned nor made any assignment, subrogation
or other right of substitution to any person of their rights against any Party with respect to the
matters contained herein (or subject matter of this Agreement), and that they are not aware of any
person or entity who may pursue, who may be entitled to pursue, or who intends to pursue, any
claims derivative of, or in any way relating to, the subject matter of this Agreement.
12. MISTAKE. The Parties expressly assume all risk that this Agreement was the
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result of any mistake of any kind, waving all claims or defenses based upon the doctrine of mistake.
This Agreement shall act as an accord and satisfaction with respect to the Parties and all claims
designated herein.
13. HEADINGS. The headings of the various paragraphs contained herein are for
convenience of reference only and shall not affect the meaning or construction of any of the
provisions of this Agreement.
14. SEVERABILITY. If any provision of this Agreement shall be determined to be

invalid or void, for any reason, the remaining provisions shall nonetheless remain in full force and
effect.
15. CONSTRUCTION. This Agreement shall be construed and interpreted in

accordance with the laws of the State of Colorado. Further, the language of this Agreement shall
be construed as a whole, according to its intent, and not strictly for or against any party hereto,
regardless of who drafted or was primarily responsible for drafting any of the language in this
Agreement. Should any court find any provision of this Agreement to be ambiguous, then such
provision shall be determined in accordance with the Parties’ express intention that this Agreement
be construed in the broadest possible manner, in accordance with the Parties’ express intention that
all disputes between them in regard to the Action be forever resolved.
16. COUNTERPARTS. This Agreement may be executed in any number of

counterparts, each of which, when so executed, shall be deemed to be an original and all of which,
taken together, shall constitute one and the same agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date below.
SIGNATURES FOLLOW
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COLEMAN STEWART
By: _____________________________
Coleman Stewart
July 7, 2022
Date: ____________________________
CITY OF BOULDER, a Colorado home rule city
By: _____________________________
City Manager
July 18, 2022

Date:____________________________
ATTEST:_________________________
City Clerk
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EXHIBIT A
The City of Boulder and Coleman Stewart have entered into a settlement agreement that
resolves the issues presented in the lawsuit Mr. Stewart filed in federal court against the City and
several current and former Boulder police officers, Stewart v. City of Boulder, 1:19-cv-1588-
RMR-NYW (D. Colo.). The $1.3 million settlement is a compromise of disputed claims and each
party hopes the other will benefit from the closure the settlement will provide.

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01231445ÿ22789ÿ

1. PAYMENT. Within 15 days after approval of this Agreement by Boulder City

2. DISMISSAL OF LEGAL ACTION. Upon Mr. Stewart’s receipt of the Settlement

3. NON-DISPARAGEMENT. The City of Boulder and any of its agents or

4. AGREED STATEMENT. As soon as practicable after the Settlement Date, the

6. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT. The Parties each

7. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST. This Agreement

8. MODIFICATION. This Agreement may not be modified except by a mutually

9. WAIVER. No breach of any provision of this Agreement shall be deemed waived

10. NO ADMISSION OF LIABILITY. It is understood and agreed that this Agreement

14. SEVERABILITY. If any provision of this Agreement shall be determined to be

15. CONSTRUCTION. This Agreement shall be construed and interpreted in

16. COUNTERPARTS. This Agreement may be executed in any number of

CITY OF BOULDER, a Colorado home rule city

July 18, 2022

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