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<br />. <br /> <br />. <br /> <br />. <br /> <br />consideration of the other agreements eontained herein, the City agrees to pay Kessel the settlement <br /> <br />sum of Five Thousand Five Hundred and No/I 00 Dollars ($5,500.00) to be paid as follows: Three <br /> <br /> <br />Thousand One Hundred Ninety-One Dollars and Forty-Two Cents ($ 3191.42.00) to be paid directly <br /> <br /> <br />to Kessel and T\vo Thousand Three Hundred and Eight Dollars and Fifty-Eight Cents ($ 2,308.58) <br /> <br /> <br />to be paid directly to his attorneys, Borkon, Ramstead, Mariani, Fishman & Carp, Ltd. <br /> <br /> <br />2. Upon execution of this Agreement, Kessel hereby specifically agrees to dismiss with <br /> <br />prejudice and \\'ithout mvard of fees or costs the Petition for Review captioned CityofAlounds View, <br /> <br />l'vlinnesota - and - Bruce Kessel, Falcon Heights. Minnesota, BMS Case Number 02-PJR-I28, and <br /> <br />to execute all papers required to eomplete said dismissal. <br /> <br />3. Kessel, for himself, his heirs, executors and assigns, does hereby release and forever <br /> <br />diseharge the City, any and all of its officers, employees, and any and all of its divisions, insurers, <br /> <br />indemnitors, predecessors, successors, and assigns, and eaeh and every one thereof: from any and all <br /> <br />actions, suits, proceedings, claims, complaints, charges, judgments, and executions, whether <br /> <br />liquidated or unliquidated, known or unkno\\-TI, suspected or unsuspeeted, that Kessel has ever had or <br /> <br />presently has arising out of his employment or his termination from employment with the City. <br /> <br />4. This Agreement contains and sets forth all of the terms agreed upon by the parties and <br /> <br />Kessel's ~cceptance of the consideration herein is a final and complete compromise in settlement of <br /> <br />this dispute, and there are no covenants, promises, undertakings or understandings outside this <br /> <br />Agreement regarding a settlement of this matter. <br /> <br />Page 2 01'3 <br />