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1 t./ Y I <br />~~ c.p ~ c~ <br />SEPARATION AGREEMENT AND RELEASE <br />This Separation Agreement and Release (hereafter "Agreement") is entered into <br />by and between Ms. Lori Johnson ("Ms. Johnson" or "Employee") and the City of Elk <br />River (the "City" or the "Employer"). Ms. Johnson and the City are each a "Party" to <br />this Agreement, and are referred to collectively throughout this Agreement as the <br />"Parties." <br />RECITALS <br />WHEREAS, Ms. Johnson has been employed by the City as City Administrator <br />pursuant to an Employment Agreement dated February 21, 2006, the "Employment <br />Agreement"; and <br />WHEREAS, Ms. Johnson has resigned from her employment with the City <br />effective June 6, 2011 (the "Separation Date") conditioned on the City's approval of this <br />Agreement; and <br />WHEREAS, the City has accepted Ms. Johnson's resignation and approved this <br />Agreement; and <br />WHEREAS, the Parties intend to resolve any and all claims, known or unknown, <br />that may exist between Ms. Johnson on the one hand and the City and/or its agents on the <br />other hand arising out of her employment with the City; <br />NOW, THEREFORE, Ms. Johnson and the City hereby agree as follows: <br />1. Resignation by Ms. Johnson. By signing this Agreement, Ms. Johnson <br />and the City affirm her resignation from employment with the City effective June 6, <br />2011 (the "Separation Date"). The City and Ms. Johnson likewise affirm that Ms. <br />Johnson's last day of employment with the City is June 6, 2011. Ms. Johnson will <br />not be an employee of the City after the Separation Date, and will not accrue vacation <br />or any other benefits after that date, nor will she become entitled to receive any <br />additional pay or compensation after that date except as provided for below in Section <br />2 as payments for independent contracting consultant services actually performed by <br />Ms. Johnson for the City at its request. <br />2. Consulting_Services. Ms. Johnson and the City agree that following the <br />Separation Date Ms. Johnson will provide consulting services to the City on an as- <br />needed basis at the City's request. Such services will be provided by Ms. Johnson as <br />an independent contractor to the City. Ms. Johnson's providing such services will be <br />strictly on an independent contracting basis and will not in any way extend or renew <br />an employment relationship between Ms. Johnson and the City. The City shall pay <br />Ms. Johnson $75 per hour for services she performs at its request as an independent <br />contractor consultant, including for any time she spends in depositions or trial <br />