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SETTLEMENT AGREEMENT AND RELEASE This is a settlement agreement and mutual release between James F. Andre (hereafter called "Andre") and the City of Roseville, a municipal corporation, existing pursuant to the laws of the State of Minnesota (hereafter called "City"). 1. RECITALS 1.1 This Agreement is a settlement of all disputes between the above parties, including, but not limited to disputes arising from the following described events. 1.2 Andre was appointed as City Manager of the City pursuant to Minn. Stat. 412.641, on or about May 1, 1974, and a contract of employment was entered into. Said contract provided in part that in the event the manager was removed: "... then Roseville agree..5-tn p."ly Manager a lump sum cash payment equal to three months salary. " 1.3 Andre was relieved of his office by action of the City Council on November 7, 1988. 1.4 Andre claims his employment contract was amended by actions of the City Council taken on various dates including: May 19, 1981: May 6, 1982: May 4, 1983: September 5, 1984 and June 3, 1985. 1.5 The City claims that whatever actions the City may have taken, including actions on the above dates, were not intended to amend the employment contract. 1.6 Andre also claims that the action that the City Council took in relieving him of the office of City Manager did not comply with law which is denied by the City. 1.7 Andre also claims that the actions of the City and City Council members, including the Mayor, in terminating him may have been taken unlawfully, and that he is entitled to damages. 1.8 The City is concerned that various statutes and ordinances require that the City indemni~y the office of Mayor and other Council members for any action they may have taken while in office. The City further denies that there was any such improper conduct. 1