1043-Andrew VanGaale ResignatFEB -11 -2005 FRI 11:25 AM STENSTROM,MCINTOSN,COLBE FAX NO. 407 330 2379 P, 02
ANDREW VAN GAALE
\ JT r,.11[i)CE, WAIVER AND RELEASE
THIS AGREFMENT, WAIVER, AND RELH,,ASE ( "AGREEMF,N'1 ") is made and entered
into by and between the CITY OF SANFORD (the "City ") and Andrew VanGaale ( "VanGaale ").
In consideration of the mutual covenants and promises set forth below and other good and
valuable consideration, the parties expressly, knowingly, and voluntarily agree as follows:
VanGaale has rosigned from employment with the City.
2. fly si this Agreement, VmtGaale is entitled to severance payment to which he
would not otherwise be entitled absent the mutual promises contained in this document. Upon the
effective date of this Agreement, VanGaale will receive severance pay for the equivalent six (6)
montlrs of salary as Deputy City Manager (less normal withholdings).
3. In consideration for the aforesaid additional severance payment offered by the
City, VanGaale hereby waives any and all claims which he has against the City and all related
entities and each and every one of their current and former officials, officers, managers,
employees, representatives, agents, and attorneys, arising out of VanGaale's employment with
the City or rosignation from that employment. This Waiver and Release includes, but is not
limited to, any claim or lawsuit which has been or could have been brought under the Age
Discrimination in Employment Act; Title VII of the Civil Rights Act of 1964 (as amended by,
among other things, the Civil Rights Act of 1991); Equal Pay Act; Americans with Disabilities
Act; Fancily and Medical Leave Act; Fair Labor Standards Act; Older Workers Bonelil
Protection Act ( "OWBPA "); the Constitutions of the United States and the State of Florida;
Florida Whistleblowor's Act (Florida Statute § 112.3187, et seq); Florida Worker's
Compensation statute (Chapter 440), including, but not limited to, any claims under the
retaliation section of the statute (§ 440.205); Florida Civil Rights Act of 1992; and /or any other
applicable Federal or State statute; any local law or ordinance; or any common law cause of
action, including withunt limitation, claims for breach of contract, defamation, constitutional
violation, deprivation of dtte process rights, wrongful discharge, intentional or negligent
retention of employees, claims for onotional distress or claims of personal injury of any type,
and /or claims based upon any City role, regulation or policy. VanGaale aelmowledges that the
foregoing list of claims or causes of action which have been waived is meant to be illustrative
anther than all - inclusive. This Waiver and Release does not waive or release any rights or claims
arising tiller the signing of this Agreement.
d. VmGaale and the CITY acknowledge that they are entering into this Agreement
S olely for its convenience and benefit to avoid the cost of disputes and potential litigation. In
making this Agreement, the CITY does not admit that it has dote anything wrong as to
VanGaale. On the contrary, the CITY denies liability of any kind to VanGaale.
5. The panics acknowledge that they have consulted with an attorney of their choosing
prior to signing this Agreement.
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(ORF508.12;1)
FAR -11 -2005 FRI 11:26 AM STENSTROM,MCINTOSH,COLBE FAX NO. 407 330 2379 P. 03
6, Tfic parties acknowledge that a facsimile signature of this Agreement shall and does
have the same binding force and effect as that of an original signature and that any and all signed
copies of this Agreement shall be deemed valid and enforceable.
7. If any terin or provision of this Agreement other than the Waiver and Release of
claims provision, shall, to any extent, be declared invalid or unenforceable by a court of competent
jurisdiction, the remainder of Ibis Agreement shall not be affected thereby.
S. The City and VanGaale agree that the prevailing party in any litigation regarding this
Agreement shall be entitled to recover all attorney's fees and costs in connection with any litigation
or proceeding resulting from this Agreetncnt. The parties expressly waive their right to jury trial and
agree that any litigation pursuant to this Agreement shall be conducted by Judge under the laws of
the State of Florida, and venue will be exclusively in Seminole County, Florida.
9. This Agreement shall become immediately effective upon execution by the
parties.
111t !'�'NF,SS W1(F,REM', the parties hereto execute this Agreement, Waiver, and Release.
-- w an ,'I
STATE OF FLORIDA
COUNTY OF s&&N�aGf_' )
or -an I L
Sworn to (or affirmed) and subscribed before me this
by Andrew Van Ganlc, wh ) is personally known by me [or
identification] and who took an oath.
Notary Public z x
State of Florida it Large
My Connnission 13xpires: _.
A TT ,sr:
f' : ],jrtct 1)rn lnhcrl i J Clcr
As its: City_Clcrlc___.,,.__._ _
ozcO7
X l t � day of,__ - �- _, -_, 2005,
who has produced __ as
� P Timothy J. Jonas
sy Canmgtbn DD229414
N Expres OcbW 28,2007
SANirORD
By: nrady Lessar
As its: Mayo
Date: Februa 15 2005
tO2650832;11