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CITY <br /> SETTLEMENT AND RELEASE AGREEMENT <br /> Novi h-lbe <br /> THIS AGREEMENT is made and entered into this 01 nd-- day of October 2018, by <br /> and between the City of Everett, a local government entity(the "City") and James Nagle ("Mr. <br /> Nagle"). <br /> RECITALS: <br /> WHEREAS, Mr.Nagle is employed by the City in its fire department; and <br /> WHEREAS, on March 8, 2018, Mr.Nagle served a tort claim for damages on the City <br /> alleging claims of disability discrimination and related causes of action; and <br /> WHEREAS, Mr.Nagle intends to submit his letter of resignation from employment with <br /> the City once this Agreement is fully executed; and <br /> WHEREAS, to resolve any pending or potential legal disputes between the City and Mr. <br /> Nagle, the City has offered Mr. Nagle the following package if he signs and does not revoke this <br /> Agreement; and <br /> WHEREAS, Mr.Nagle and the City acknowledge that this Agreement is conditioned <br /> upon approval by formal action of the City Council at a City Council meeting, and the City <br /> Council's refusal to approve the Agreement will void this Agreement, including Mr.Nagle's <br /> decision to resign and the City's agreement to make payments and provide health insurance to <br /> Mr. Nagle pursuant to this Agreement; <br /> NOW THEREFORE, Mr. Nagle and the City mutually agree as follows: <br /> TERMS: <br /> 1. Mr. Nagle shall submit a letter of resignation to the City, effective immediately, <br /> upon execution of this Agreement. <br /> 2. If Mr.Nagle submits a letter of resignation in compliance with Paragraph 1, and <br /> signs and does not revoke this Agreement in accordance with Paragraph 17 below, the City shall <br /> provide the following consideration to Mr.Nagle: <br /> a. The City will pay the full premium cost of continuing Mr.Nagle's health insurance <br /> through COBRA until December 31,2019; and <br /> b. Mr.Nagle's final paycheck from the City will include, in compliance with appropriate <br /> regulations , full and fmal cash out of his accrued leave accounts(i.e.,accrued vacation <br /> leave, floating holiday,compensatory time),less mandatory payroll deductions; and <br /> c. After the revocation period for this Agreement has expired and the City Council has <br /> approved the settlement,the City will pay Mr.Nagle the sum of$68,217.38 in partial <br /> settlement of his disability discrimination and related claims;and <br />