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HomeMy WebLinkAboutFinal Release of all ClaimsFull and Final Release of All Claims This release is made on the date set forth below, by Thomas Willi (referred to as "Administrator"), to the Board of County Commissioners of Monroe County, Florida (referred to as "County"). WHEREAS, the parties entered into an employment contract (referred to as "Employment Agreement" or "Agreement") commencing on November 1, 2004, for a term of four years; and WHEREAS, the Agreement provides in Section 7.F. for cancellation of the agreement prior to the normal expiration by a majority vote of the Board and providing to Administrator 30 days written notice of the cancellation; and WHEREAS, the County did, by a majority vote of the Board of County Commissioners on December 5, 2007, cancel the Agreement under the Section 76.F. "without cause" provisions of said Agreement with a final pay -out of $282,354.84; and WHEREAS, the notice of the cancellation was delivered by hand to the Administrator on December 5, 2007; and WHEREAS, Section 7.F. of the Agreement sets forth that in consideration of the payment within fifteen days of the effective date of cancellation, of a sum to be determined by a formula specified therein, the Administrator will execute a general release in favor of all officers, members, and employees of the County relating to any cause of action the Administrator "has, had, or may have related to the Agreement and the cancellation thereof;" and WHEREAS, payment has been tendered pursuant to the agreement between Administrator and County; and WHEREAS, Administrator is satisfied that the final compensation of $282,354.84 constitutes the full and complete compensation required under the Agreement; Now therefore, I, Thomas J. Willi, do agree, for the consideration of $282,354.84, as follows: 1. Administrator agrees to a general release in favor of all officers, members, and employees of the County relating to any cause or causes of action Administrator has, had, or may have related to the Agreement and the cancellation thereof. This general release will encompass all applicable federal, state, and local laws and ordinances relating to claims of illegal discrimination, intentional and unintentional torts, whistle blower rights, and all other types of claims whether known or unknown through the date of cancellation of the Agreement. 2. Administrator understands and agrees that this release is rendered upon receipt of compensation set forth above as full settlement and satisfaction of any claims that the undersigned has, had, or may have against the County, its successors and assigns, and its respective officers, agents, employees and their heirs, executors, administrators, successors, and assigns; that any injuries or damages and the legal liability for them are disputed and denied by County; and that payment of the settlement sum and other consideration given in this agreement is not to be construed as an admission of liability by County, by whom liability is denied. Release 1 s "r` 3. To comply with the Older Workers Benefit Protection Act of 1990, by this Release, County has advised Administrator of the legal requirements of the Act, and fully incorporates the legal requirements by reference into this Agreement as follows: a. Administrator understands the terms and conditions of this release; b. Administrator has been advised of his or her right to consult an attorney to review the agreement; c. Administrator does not waive any rights or claims that may arise after the date the waiver is executed; d. Administrator is receiving consideration under the early cancellation terms of his Agreement; e. Administrator has been given a reasonable period of time to consider this release. IN WISS WHEREOF, I have hereunto set my hand and seal this/ 2 day of January, 2008, at eL4 w z S t , Florida. Thomas fWilli STATE OF FLORIDA U COUNTY OF MONROE The foregoing instrument was acknowledged before me this _ day of January, 2008, by Thomas J. Willi, who is: x personally known to me _produced the following identification: -and whn did take an oath Y—a+ k- -1 rat . r-s Typed Notary Name and Number Z"eel /'/� , zzNotary Sig0ture and Seal EV KATHY M. PETERSCOMMISSION � DD 352744 tj!XPsES SeDtemb2r 7,2©08 da r• „Nda^, ' i : underwrMers corn 'Ti co CD MC rj c') m tV ::0 W C2 Release 2