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Resolution 93-729as City Administrator Of th, Elt, f rl—d. 1EET-1, 1-- A. M.1.11has exhibit¢d ions ides USe - dii—bg h- --- — 1— Administrator, which .... it, by e _in has been —ElCi to the —, o= and IlliEREAS, — City Of —9,1—d —p- the res lgnation of JN.EE -. -FT] I ­ thanks h- for -0 I—IiIN and E.githe — p,T.... of ... kj,q , — City A--t—.- NO', 7flERIEPDRE, BE 11—01VED THAT th, - ......... . f the City of 111—by Ippr -- the A91111 ... A .... ti.g Re signatios of Lhc City Administrator J—Ol A. M-1111 11 h011- BC IT IUETIVll RESCOVED that the City au th�rizos the Mayor to ouceVtc. the Agizement 11.1pt—g ib,li,illt— BE IT JIURIC011 11TIOLVED that thi,, resolution be and i—ldi—ly f—T it, p,,,,,gE and adoption IA— AND A11.1111 IIIIS J7(EAl 11-1,11 -z'' L z , ix,,/ , 11""� ......... l, l4lyoi�- C. It" .1 -­— � — 1­1,tt tl,E "c andOF they Nf -- - only. city Rttor Y JANK5_A,_Jj9EEL�IN THIS AGREEMENT bt ... d I— this the 15th day of 1993, by and between THE CITY OF LONGWOOD, FLOSTDA (-'City-), municipal I-p—Itill, and JAMES A. -FELLIN (Employee). WHEREAS, Employee hereby tenders his NI City Ad.! nistratoi If the City effective November 16, 1993; .,d WHEREAS, Employee has exhibited considerable expertise during his t..,. as City Ad,i,!,t,,t,,, which —it, by E.pl.y,e h,, been I—— t. the City; and WHEREAS, City accepts F.pl,y-1. resignation, thanks hi. — his ­i— AID begins the p­.b. Of b.eking ity AIlililtlltll, while TlpIIYI?bilthe P�_:.f s.Abki, other employment in ­ capacityi.icapacity equal tot th, present position. THEREFORE, ib ... bid.t.ti.b If (1) the payment by the City t, Employee If said Employee's c ..... t ­­y through the 30th day IF , I—; 2) the payment by the City t. Employee If I severance ,I,= —"Illy I, . bI.It equal t, three 13] per year pay based p­ _­ salary payable on December 3, 1993; D.cember 3, 1993; (4) The —III bbIblit, t, City and Employee claims, demands o o£ha n ("claims,) seif luny, Employee may have I agents, .p ..... t,ti... t the City, it. ..PI.Y..., (,, City ,y h— against Employee) —W, out If th, City Aftibi.tt.t., employment relationship, the termination Of "id or for .y other ....... whether said Claim. — base, 10 tort ­ I. —It 11 .—ItIly IIW, and —t— legal or EbP1,Y" agree as follows 1. Henceforth, .. If N­- bb16 IOHO, DIPI.Y.. h.11 ­bA t. IA AdministratorCity ty IfCty and shall refrain from any acti ons ior direction If projects, oj,,t,, programs, b.pI.Y..., departments and ff. H.I.—tt , Abpl­­ status It, ­ the b, th- If � ..I.ri.d employee until 1st DIf D.c.t, 1993, with ­1 pay and benefits at b —, based on the Emgsi loyee's c ent salarn. During that time, o empe ee lo e will be lllele to a the i terim City Administ[ator onded basis. A£te[s vemb.r J., 1993, Employee shall enjoy and participate only No nefits n ..d h... in and n all benefits afforded t all salaried employees of the City and not i all benefits heretofore afforded to him prior to D .ember i Nothing in this agreement shall prohibit Employee from enjoying social contact with other employees o[ consultants of the City. ployee shall c tsch ceive eduled wages, fringes, and benefitsEmthrough N.—Ober 30Ye..... The City shall pay t Employee a lump s payment equal to three (1) months of the employees c entVsalary ($54,00o per year). City shall pay said severance payment to the The City shall pay any and all other accrued benefits due and payable on December 3, 1993. D. It is understood that applicable Federal Withholding and social Security payments will be withheld from any and all A. ach party agrees not to disparage, .'. c , defame otherwise t speak c tally of the other. The Employeeo the City'. compliance withof any ficial. inquiry or demand or the City', ompliance w any demand for public [ ord production (PUBLIC CORDS ACT request) o either party'. compliance with a subpoena to testify i any .... t pro ..ding, I,any t ony i p[oceeding pursuant t subp ee. .hall not c nstitute a bleach uof —til l tion 3 A. Employee agrees not to disparage, c defame otherwise speak critically any offiee tagent, employee representative or coh—t:et of the City. The Employee a d the City shall faithfully perform the obligations under agreement and devote the .ry efforts to the accomplishment of the objectives of this agreement. Employee hereby releases, acquits, and forever dischargeeAthe City, its s agents, representatives, and employees from any claim, demand o of action of e ery kind character a ing o f Employeecsu employment to date o any other whether unding tort act Eby statutory or common law. This release shall apply. to all such which may hereafter a Further Employee sideration of the benefits conferred upon him herein, the r eipt of which 11, hereby acknowledged, hereby fully, finally and completely releases, discharges the City of Longwood, Florida, the Mayor and City Clddi—i—, re their presentatives, employees and agents from any further oblig.tions Sames Fellin to charter, ordinances, r soluti"l,, or person.. lc policies of to City o any other writing or understanding concerning his employment status, o by virtue of his status as City Administrator of the City, except asherein specified. B. City hereby releases, acquits, and forever discharges Employee from any claim, demand, o of a of e ery kind r (except fraud o malfeasance, n of which City hascany ar o believe have o red) a in out of Employee's employment to date, whether s unding in tort o ontract o by statutory o n law. Ibis r shall apply to all such claims, demands o of a ne(except claims for breach of this agreement or for sfraud o malfeasance, if any), that have ued to date o will a e hereafter. City also releases Employee from any repayment of ing expenses obligation heretofore Contraetually agreed uponm if emplcyment did not last Employee agreed to an any employment agreement or memorandum. 5.H---H-4�- 1. defense of any claim, demand or cause of action heretofore released by Employee. ity h reby a Fold -, loyee h -Files, Yrom nny iat 1:. y o ¢ Ph lity C r any olai _ red to a matter r red by C � tM1e Y>r eoedinq ncln 1'. p but � t 1 _ treys Tedrow t 9 '.lY 0 'I the det . scl '. d¢mand < of oc .tofo - ..eased IF, City. nt_CE.,_Peae, Yny sign ¢tory t this contract wto i prewlling party i any 1egn1 Pcoceer'iinq brought undEr o wth 11 this e rm11 be additional ly entitled to r s1s and rmasonaU_e ettoxneys £eel from the non-pr¢vai ling party.rvo troth ig h 11 _ _ ia1 l.n n r pro d ?�-o�n. ein puU 1 cl osu ( ords Aa r denrndv io e spons as t oif ioi.el. SngniYlns of any kindi,d oi,, ¢spouse t swdp j 1'ci.nl goceadings of a v k dl. subject th�epr¢o�eding provisions, Cl ty agrees -,.ys t espond to a _ employ ehnt verif lcation iny�airy regarai ng GmDl ogee with a eepon se that is 1Sm1toU t rifica tlon the Employee w Loyed, o ith any m a11y e eeble f _ Em 11yi znd the Mayor and C to httor eYe eeponae t p yee ty y approve i i ring for toP£icity The nedver'tent ncl.�sion by thl Ly oP a uch a _esi e .'hull not ron.,ttute a Area cix of this atlreement by city. Ayr_eeE.f .S,—Is c Ft ontains 'he entire agrsemet oP the patties and cannot oe t changed mxcept ty their w ri _ten agreemari'L. 1-11,111D 4N OOPY.L C£.'PE 012tiG LNALS on '[hie�C day of Novcmb < N'o tFill—A / _ ,9 LRAla D, 9aynr U P THE .STATE OF FLORIDA COUNTY OF SEMINOLE This instrument w owledged before me ibis y6 day LO of November, 993, by P L ESTRAND, HIS " and OF Znmggi;�ry(,(sR AOF City ongwocd, lorida, A corporation, n behalf of said corporation, THE STATE O ORIDA bll,. Stale of Po,lda THE STATE OF FLORIDA My (o+�n'n�on f.tim� IWy S. IYd COUNTY OF EFMINOLE This i ent w acknowledged before me on this day of Novemberns 1993, by JAMES A. MCFELLIN. O�UBLIC IN }ND FO Jf-� THE STATE OF FI...A Mx om t1- Whfn, Sl,k ei Nosa —!-,n Sey^a, July 9.r