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<br />SEPARATION AGREEMENT AND RELEASE OF CLAIMS <br /> <br /> <br /> THIS SEPARATION AGREEMENT AND RELEASE OF CLAIMS <br />is entered into by the CITY OF ELK RIVER), <br />AMY BORST ) and LOCAL 49, INTERNATIONAL UNION OF <br />OPERATING ENGINEERS Employee, Union and the City are collectively <br />referred to as the parties. <br /> <br /> WHEREAS, the City currently employs Employee; and <br /> <br /> WHEREAS, employee is a member of the Union and the terms and conditions of <br />employment are governed by a Labor Agreement; and <br /> <br /> WHEREAS, the parties are entering into this Agreement because Employee and the City <br />mutually desire to conclude their employment relationship in an amicable manner and to ensure <br />that no potential claims or conflicts arise. <br /> <br /> NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained in <br />this Agreement, the relinquishment of certain legal rights, and other valuable consideration, the <br />sufficiency of which is acknowledged, the parties agree as follows: <br /> <br />1. Irrevocable Resignation. Employee hereby resigns from all employment with the City <br />effective November 21, 2016. The Parties agree that employee is ineligible for future <br />employment with the City. <br /> <br />2. Severance. Within twenty five (25) calendar days after her resignation, the City will pay <br />Employee the equivalent of four weeks of salary at her current rate of compensation, less <br />applicable withholding for federal and state taxes but not PERA. <br /> <br />3. Unused Vacation Leave. Within twenty five (25) calendar days after her resignation, <br />the City will pay Employee for all accrued and unused vacation at her current rate of <br />compensation, less applicable withholding for federal and state taxes but not PERA. <br /> <br />4. Employment Letter. City shall provide Employee with an employment letter. <br /> <br />5. No Further Claim to Compensation. This Agreement fully and completely satisfies <br />any and all obligations between Employee and the City that arise out of or relate to her <br />employment and resignation. Employee has no claim to any compensation from the City, <br />in any form, beyond the compensation that is specifically described in this Agreement. <br /> <br />6. Release of Claims by Employee. In consideration of the terms and benefits described in <br />this Agreement, and as an inducement for the City to enter into this Agreement, <br />Employee hereby fully and completely releases, acquits, and forever discharges the City, <br />its current and former Council members, its current and former officers, its current and <br />190155v1 <br />