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    DolanMBagmt

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    35 views8 pages

    Dolan MBagmt

    Uploaded by

    MB Watcher

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    ‘This Resignation and Release Agreement (the "Agreement”)is entered into by and between. Geoff Dolan ("Dolan") and the City of Manhattan Beach (the “City") in conjunction with the ‘employment and resignation of Dolan’s employment as City Manager with the City. This ‘Agreement includes a general release of all claims, known and unknown. Recitals WHEREAS the City has employed Dolan as its City Manager pursuant to a written ‘employment contract since December 9, 1994; WHEREAS circumstances have arisen that the parties mutually agree that it is in their respective best interests that Dolan's employment with the City terminate; WHEREAS the parties wish to have the separation effectuated through the resignation by Dolan; WHEREAS both Dolan and the City wish to resolve all issues between them, including, but not limited to the seperation of Dolan’s employment; NOW, THEREFORE, in consideration of the promises herein contained, the parties agree as follows: 1. Inconsideration of the covenants undertaken and releases given herein by the Parties, the City agrees pursuant to paragraph 4 of the Restated Employment Agreement entered into on January 1, 2006 to make a payment of $268,384.46, ess withholdings. This severance payment shall be made following Dolan’s exeeution of this Agreement on January 4, 2010, so long as the revocation period in paragraph 6 has expired. Dolan shall receive these payments upon returning the be (eernnsenense6.e0s 1 ® e > Blackberry provided to him by the City and all keys o the city premises as well as paying the buyout remaining on the leased Toyota Avalon and assuming personal responsibility for the car. 2. Inconsideration of the covenants undertaken herein by the Parties, except for those obligations created by or arising out of this Agreement, the Parties hereto, on their own behalf and on behalf oftheir descendants, dependents, heirs, executors, administrstors, assigns and successors, do thereby covenant not to sue, and acknowledge complete satisfaction of and hereby mutually release, ‘each other, including their heirs, successors and assigns, subsidiaries, divisions and affiliated corporations, past and present, its and their trustees, directors, officers, shareholders, agents, atiomeys, insurers and employees, past and present, and cach of them (herein referred to as “Releasees”), from all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, wages, obligations, debts, expenses, stomeys' fees, damages, judgments, orders and liabilities, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which the Parties now own or hold or have at any time owned or held as against Releasces including specifically, but not exclusively, all claims, demands, agreements, obligations, and causes of action, known or unknown, suspected or unsuspected by the Parties arising out of Dolan's employment with the City or the separation thereof. Nothing herein waives Dolan’s rights to payment of monthly retiree benefits applicable to City employees. 3. Iisa further condition of the consideration hereof and is the intention of the Parties in executing this Agreement that the same shall be effective as a bar as to each claim, demand and cause of action pertaining to Dolan's employment with The City. In furtherance of this intention, the pawn senr-n1 46 aa 2 P , Panties expressly waive any rights or benefits conferred by the provisions of Section 1542 of the California Civil Code and expressly consent that this Agreement be given full force and effect according to each of its express terms and conditions, including those relating to unknown and unsuspected claims, demands and causes of action hereinabove specified. Civil Code §1542 provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE ‘CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER: SETTLEMENT WITH THE DEBTOR.” ‘The parties acknowledge that they may hereafter discover claims or facts in addition to and/or

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