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SEPARATION AGREEMENT AND RELEASE OF CLAIMS <br /> BETWEEN <br /> THE CITY OF MOUNDS VIEW,MINNESOTA <br /> AND <br /> MARVIN JOHNSON <br /> THIS AGREEMENT, made and entered into this day of , 199 , by and <br /> between the CITY OF MOUNDS VIEW, MINNESOTA (the "City"), and MARVIN JOHNSON <br /> (the "Employee"). <br /> WITNESSETH: <br /> WHEREAS, the Employee has been employed by the City since May 30 , 1919 <br /> WHEREAS, the City is eliminating the City's Parks and Recreation Department and the <br /> Employee's position as Recreation Program Supervisor for budgetary reasons; and <br /> WHEREAS,both the City and the Employee have concluded that it is in the best interests of <br /> both parties that the employment of the Employee be discontinued, pursuant to the elimination of <br /> the Employee's position by the City, in accordance with the terms and conditions hereinafter set <br /> forth. <br /> NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as <br /> set forth herein, the sufficiency of which is hereby acknowledged by both parties, the City and the <br /> Employee agree as follows: <br /> 1. Elimination of Position. The Employee's position as Recreation Program <br /> Supervisor is hereby discontinued effective , 199_. The Employee and the City <br /> waive any notice that would otherwise be required. <br /> 2. Vacation Leave and Sick Leave. The Employee shall be given a lump sum payment <br /> of $ , reduced by applicable federal and state taxes, employment taxes, and other <br /> customary withholdings, in payment of all accumulated vacation leave and 50% of accumulated <br /> sick leave, as verified by the City's personnel records. The lump sum payment shall be made on the <br /> effective date of the Employee's resignation, following any applicable rescission periods. <br /> 3. Severance Pay. The City shall pay to the Employee the sum of $7,764.00, which <br /> amount represents one week of the Employee's salary for every year of the Employee's service to <br /> the City, reduced by applicable federal and state taxes, employment taxes, and other customary <br /> withholdings, in settlement of all salary, compensatory time, claims in law and equity, as well as <br /> any administrative claims that the Employee may have against the City or its officers, agents, <br /> employees, or insurers. The payment shall be made on the effective date of the Employee's <br /> separation from employment with the City, following any applicable rescission periods, in a check <br /> made payable to "Marvin Johnson." <br /> CARLSK-154292 <br /> MU125-33 <br />