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ADDENDUM TO SEPARATION AGREEMENT <br /> AND RELEASE <br /> THIS ADDENDUM TO SEPARATION AGREEMENT AND RELEASE <br /> ("Agreement") is entered into by the CITY OF ELK RIVER, a Minnesota municipal <br /> corporation ("City"), and THOMAS J. CUNNINGHAM ("Employee"). Employee and the <br /> City are collectively referred to as the parties. <br /> WHEREAS, the parties have previously entered into a Separation Agreement and <br /> Release; and <br /> WHEREAS, The City has agreed to provide Employee additional compensation. <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 /> 1. Separation Agreement and Release. The Separation Agreement and Release of <br /> Claims shall remain in full force and effect, except as specifically modified by this Addendum. <br /> Employee's last day of work with the City was , 2018. Employee did not rescind <br /> the Separation Agreement and Release of Claims and Employee no longer has the right to do so. <br /> This Addendum may not be rescinded by either party. <br /> 2. Additional Compensation. The City will pay Employee $ for <br /> back pay, subject to required withholding for State and Federal Taxes but not PERA. <br /> IN WITNESS WHEREOF, the parties have approved and executed this Agreement on <br /> the dates shown by their signatures. <br /> EMPLOYEE <br /> Date: <br /> Thomas J. Cunningham <br /> CITY OF ELK RIVER <br /> Date: BY: <br /> John J. Dietz, Mayor <br /> BY: <br /> Tina Allard, City Clerk <br /> 199130v1 <br />