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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS <br />This Settlement Agreement and Release of Claims is made by and between <br />Keith Demarest ("Demarest") and the City of Mounds View ("City"). <br />RECITALS <br />WHEREAS, Demarest was formally employed by the City as a police officer; and <br />WHEREAS, Demarest allegedly sustained injuries in the line of duty, which the <br />City denies; and <br />WHEREAS, Demarest was granted Police and Fire Plan duty disability benefits <br />by the Minnesota Public Employees Retirement Association ("PERA"), pursuant to <br />Minn. Stat. § 353.656, Subd. 1; and <br />WHEREAS, Demarest claims to be entitled to continuation of health insurance <br />coverage from the City through age 65 under Minn. Stat. § 299A.465 ("299A Claim"), as <br />a result of his duty disability, which the City denies; and <br />WHEREAS, the parties participated in mediation on May 29, 2019 and reached a <br />settlement of Demarest's 299A Claim; and <br />WHEREAS, the parties now wish to memorialize the terms of their mediated <br />settlement in this Agreement. <br />AGREEMENT <br />1. Settlement Payment. In full and final settlement and release of Demarest's <br />299A Claim, the City agrees to pay Demarest the sum of $90,000.00, as <br />compensation for all claims against the City under Minn. Stat. § 299A.465. The <br />parties agree that the settlement payment represents a compromise of the City's <br />monthly insurance obligation to Demarest, which commenced the date of PERA's <br />in -line -of -duty determination and would expire on when Demarest reaches the <br />age of 65. <br />2. Taxes. Demarest is responsible for any tax obligations, state or federal, as a <br />result of this settlement payment, and he agrees to hold the City harmless as to <br />any of his tax liabilities. <br />3. Release of Claims. In consideration for the settlement payment, Demarest <br />releases the City from any and all claims, causes of action, damages, costs, <br />attorneys' fees, or liabilities of any nature, known and unknown relative to his <br />actual and potential rights under Minn. Stat. § 299A.465, including but not limited <br />to claims existing up to and including the date of this Agreement and Release, <br />