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SEPARATION AGREEMENT AND RELEASE OF CLAIMS BETWEEN CITY OF MOUNDS VIEW, MINNESOTA AND KEITH W. DEMAREST THIS AGREEMENT, made and entered into this ____ day of February, 2018, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation ("City"), and KEITH W. DEMAREST, an individual ("Employee"). RECITALS WHEREAS, on or about April 26, 2004, the City and the Employee entered into an employment relationship by which Employee was hired as a police officer with the Mounds View Police Department; and WHEREAS, the City and the Employee have determined that the employment of the Employee with the City shall be discontinued in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as set forth herein, the sufficiency of which is hereby acknowledged by the parties, the City and the Employee agree as follows: 1. Resignation from Employment. Employee hereby resigns from his employment with the City effective February 28, 2018 (“Discharge Date”). Employee and City each waive any notice that may otherwise be required by such action. 2. Accumulated Benefits. Employee shall be given a lump sum payment reduced by applicable federal and state taxes, employment taxes, and other customary withholdings, which amount represents the Employee’s unused sick leave as of the Discharge Date that he has accumulated and is entitled to receive pursuant to the terms of the Labor Agreement between the City and LELS. The lump sum payment will be deposited in the Employee’s Retirement Health Savings Plan within fourteen (14) days following the Discharge Date. The Employee will not be entitled to any additional payment for accrued vacation leave, sick leave, compensatory time or holiday pay related to his employment with the City. 3. Employee Benefits. Except as outlined herein, the City’s obligation to provide insurance benefits to Employee shall cease on the last day of February 2018. Employee is entitled to the continuation of certain benefits pursuant to the Consolidated Omnibus Reconciliation Act (“COBRA”), 29 U.S.C. § 1161, et seq. and Minnesota law. In the event Employee elects to continue his health and dental insurance benefits with the City pursuant to his rights under COBRA, the City agrees to pay Employee a lump sum amount of $________ representing three (3) months of health and dental insurance premiums under the Employee’s applicable insurance policies with the City. This lump sum payment shall be made by the City after the Employee elects to continue his health and dental insurance cover and also after the expiration of the 517248v2 RAA MU210-258 1