SETTLEMENT AND RELEASE AGREEMENT 1. This Settlement and Release Agreement (?Agreement?) is entered into this 3 day of March, 2020 between MELISSA B. RIEIMER, on her behalf and on behalf of her heirs, executors, administrators, attorneys, Successors, assigns, agents and representatives (collectively referred to as and the Town of Ramapo (the or in settlement of any and all disputes between REIMER and the TOWN, its current and former CouncilfBoard members, supervisors, of?cers, directors, administrators, employees, insurers, attorneys, assigns, agents and representatives (including but not limited to Christopher P, St. Lawrence, Michael Specht, Brendel Logan Charles, David Wanounoti, Michael Rossman, Michael Klein, Beth Finkelstein, Linda Condon, Alan Berman, and Janice Gittelman) (collectively 2. It is expressly understood that this Agreement has been entered into by the parties solely for the purpose of avoiding expense in connection with litigating any and all claims and/or disputes, whether asserted or unasserted, that REIMER. has or could have against the RELEASEES or any of them, collectively or individually. Further, this Agreement and the settlement it represents do not constitute an admission by the RELEASEE-S of any violation of any federal, state or local law; of the breach of any duty whatsoever, whether based upon statute, common law, contract, or otherwise; or that REIMER has su'ftered damages. 3. In consideration of representations, obligations, and releases contained in this Agreement, the TOWN, in conjunction with its insurer, agrees to the following: a. "live TCWN shall pay ton-REll?d-?ER the following settlement proceeds: i. $750,000 on or before April 1, 2020 to be paid in two payments, one for $298,000, and one for $452,000; Wt lewd em!? hrsm?wva gm ii. $450,469 in calendar year 2021 and before January 15, 2021; - $436,906 in calendar year 2022 and before January 15, 2022; iv. $423,344 in calendar year 2023 and before January 15, 2023; and v. $409,781 in calendar year 2024 and before .lanuaw 15, 2024 REIMER shall provide the TOWN with an executed W-9 form prior to April 1, 2020. b. The TOWN shall pa}r to attorneys the total amount of Two Hundred Seventy Thousand Dollars ($270,000) for attorneys? fees, which shall be made in the form of two payments: one payment of $120,000 to ?Sussman and Associates,? and one payment of$150,000 to the ?Law Office of Fred Lichtmacher These payments shall be made within 30 days of the full execution of this agreement by REIMER and the TOWN and receipt by the attorneys of the executed W-9 form from REIMER, as referenced in para. 3 above, and W?9s from aforementioned attorneys; and c. The TOWN shall provide REIMER with the same family health insurance plan currently available to the Supervisor?s current Chief of Staff at full cost to the TOWN from the date this Agreement is executed by the parties until REIMER reaches the age of 67. When REIMER reaches age 67, the TOWN shall provide REIMER the paperwork necessary to enable her to obtain and participate in COBRA at her own expense fer as long as the law entitles her to do so. Upon the expiration of legal entitlement to COBRA, the TOWN shall provide REIMER with paperwork necessary to enable her to obtain "Vestee Coverage" (including Dental and Vision coverage) throagh its then-existing medical bene?ts provider as long as such ?Vestee Coverage? remains available through such provider. d. The TOWN Board shall pass a resolution, effective May 23, 2018, retroactively repealing the determinations set forth in Resolution. numbers 2018?327 and 2018?323, and withdrawing all disciplinary charges served against REIMER during her employment with the Town; and e. REIMER shall execute a voluntarily a resignation from OWN employment effective May 24, 2018, which her counsel shall provide to the counsel within five (5) days after the TOWN Board adopts the Resolution referenced in paragraph (1 above and both parties execute this agreement. f. The TOWN shall notify the County of Rocklancl, and respond to any future inquiries about the status of employment by indicating, that she resigned her employment with the and g. The TOWN shall remove l?roni TOWN personnel ?le any references to discipline, including the disciplinary charges, proceedings, and decisions and deem such. matters annulled. from the official record of the TOWN for all purposes. 4. REIMER shall be solely responsible for the payment of all taxes owed by her, if any, on account of'the payments required by Section 3, above, and shall defend and indemnify the TOWN from any and all expenses that may be incurred by the TOWN due to her failure to pay her taxes. 5. In consideration of the aforementioned representations and obligations described in paragraph 3 above, REIMER releases and forever discharges the TOWN, its current and tbrmer TOWN Council/Board members, supervisors, officers, directors, administrators, employees, insurers, attorneys, assigns, agents, and representatives (including but not limited to Christopher P. St. Lawrence, Michael Specht, Brendel Logan Charles, David Michael Rossman, Michael Klein, Beth Finkelstein, Linda Condor}, Alan Berman, and Janice DJ Gittelman), in their individual and of?cial capacities, from any and all debts, obligations, promises, covenants, agreements, contracts, endorsements, bonds, controversies, suits, causes of action, judgments, damages, expenses, claims, and demands whatsoever, in law and in equity, which REIMER ever had, now has, or which may arise in the future regarding any matter arising from the beginning of the world to the date this. Agreement is executed by the parties. This release includes, but is not limited to, all. claims (whether known or unknown, asserted or unasserted) for relief in any form whatsoever; any and all claims for back. pay, front pay, prevailing wages, overtime pay, and lost wages in. any form; any and. all claims for equitable relief; and any and all claims for compensatory, punitive, liquidated, and other damages or monies, arising from any and all actions whatsoever, including but not limited to any and all claims arising out of or relating to employment with the any and all claims of or based upon discrimination, harassment, retaliation, whistlehlcwing, breach of contract, defamation, libel, slander, malicious prosecution, abuse of process, intentional and/or negligent in?iction of emotional distress, and constructive discharge; any other claim, asserted or unasserted, under the United States Constitution and all of its Amendments; the United States Code, including but not limited to 42 U.S.C. 1981, 1983, 1985, and 1988; Title VII of the Civil Rights Act of 1964 (?Title the Americans with Disabilities Act and all of its Amendments the Age Discrimination in Employment Act the Older Workers? Bene?t Protection Act; the New York State Constitution; the New York State Human. Rights Law; the New York State Executive Law; the New York State Labor Law; the New York State Civil Service Law; common law; all other federal, state and local laws, regulations and ordinances; and any and all claims for relief in any form. 6. REIMER speci?cally agrees to withdraw, discontinue and dismiss, with prejudice, the action in the United States District Court for the Southern District of New York entitled Melissa B. Rainier v. the Town ofRamapo, at 531., Docket No. l4-cv-7044 7. This Agreement does not apply to any claims or rights that may arise after the date that REIMER signs this Agreement, (ii) for the consideration for or breach of this Agreement, or any claims that controlling law clearly states may not be released by private settlement, such as claims for Worker?s Compensation bene?ts for job?related illness or injury. Nothing in this Agreement shall be construed to prevent REIMER from filing a charge or complaint with or item participating in an investigation or proceeding conducted by a federal, state, or local agency charged with the enforcement of any laws, although understands and agrees that by signing this Agreement she waives her right to individual relief based on claims asserted in such a charge or complaint, whether filed by her or any other person or entity. 8. REIMER agrees never to sue or file a charge, complaint, grievance or a demand for arbitration in any forum, or to assist or participate willingly or voluntarily in any claim, arbitration, suit, action, investigation, or other proceeding of any kind, which relates to any matter or claim that she has released in this Agreement, except as otherwise set forth in Paragraph 7, pursuant to a valid subpoena or court order commanding attendance or testimony, or as otherwise required by applicable law. To the extent that any such proceeding has been or may be brought, expressly waives her right to any form of monetary damages or other damages, or any form of recovery or relief in. connection with such proceeding or in connection with any proceeding brought by a third party. 9. By signing this Agreement, REIMER represents that she is not a recipient of Medicare or Medicaid and is not subject to any Medicare or Medicaid liens. in the event that any present or future medical bills relating to care, treatment, injuries, or conditions sustained by REIMER relate to claims asserted against RELEASEES, REIMER understands and agrees that RELEASEES shall not be responsible for any liens asserted by Medicare or Medicare?s recovery agent. In consideration of the amounts set forth in paragraph 3, REIMER releases and forever discharges RELEASEES from any obligations or claims, known or unknown, arising out of RELEASEES failure to provide for a primary payment or appropriate Medicare reimbursement, and agrees to defend and indemnify RELEASEES for any such claim by Medicare or Medicare?s recovery agent. 10. REIMER acknowledges that she has been given no fewer than twenty?one (21) days to consider this Agreement; that she may choose to sign this Agreement in less than twenty- one (21) days, but that if she does she expressly waives any claim that she did not have adequate time to consider this Agreement. REIMER also agrees that any change to this Agreement, whether material or immaterial, within such twenty-one day period, shall not start a new Monty-one (21) day period for her to consider this Agreement. REIMER understands that she may revoke (that is, cancel) this Agreement within seven (7) calendar days after signing it, and that this Agreement shall not become effective or enforceable until this seven-day period has expired. By signing this Agreement, the parties acknowledge and agree that they were fully and fairly represented by counsel in connection with the review, negotiation and signing of this Agreement; they have carefully read and understand the terms of this Agreement, all of which have been fully explained to them by their counsel; they have signed this Agreement ?'eely and voluntarily and without duress or coercion and with full knowledge of its significance and consequences and of the rights relinquished, surrendered, released and discharged hereunder; the only consideration for signing this Agreement are the terms stated within the four corners of 6 this document; that no other promise, agreement or representation of any kind has been made- to them by any person or entity whatsoever to cause them to sign this Agreement; and that they are not relying on any representation or promise that does not appear in this Agreement. 12. This Agreement, including all facts, circumstances, statements and documents relating to it, will not be admissible or submitted as evidence in any litigation in any forum for any purpose other than to secure enforcement of the terms and conditions of this Agreement, under a valid subpoena or court order commanding attendance or testimony, or as otherwise consistent with the applicable law. 13. If any of the provisions, terms or clauses of this Agreement are declared illegal, unenforceable or ineffective in a legal forum, those provisions, terms and clauses shall be deemed severable such that all other provisions, terms and clauses of this Agreement shall remain valid and binding upon all parties. The failure of any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. 14. This Agreement sets forth the entire agreement between the parties and supersedes any and all prior oral and/or written agreements between them. This Agreement may not be altered, amended or modi?ed except by a ?uther writing signed by the parties to this Agreement. 15. This Agreement may be executed in counterparts. Facsimile or electronically transmitted signatures hereon shall be deemed the equivalent of originals. 16. The provisions of this Agreement shall be governed by and construed in accordance with the laws of the United States of America and State of New York. Any action in law or equity relating to this Agreement shall be commenced in. the United States District Court for the Southern District of New York. 17. By signing this Agreement, each party agrees to and accepts each of the provisions contained herein. Dated: March 2; 2020 twee?- ?Em?e B. REIMER STATE or NEW YORK COUNTY or On March .3 2020 before me personally came Melissa B. Reimer to me known, and. known to me to be the individual described in, and who executed the foregoing Agreement, and duly acknowledged to me that she executed the same? i PUBLIC 6/ TH T. OF AMAPO Notary Public. State of New York BY: MICHAEL E. SPECHT, l?0.?2386332584 wants in ran 90 SUPERVISOR Commission Expires Ngev. {Egg?1:2 STATE or COUNTY or a RA On March 2020 before me personally came Michael B. Specht to me known, and known to me to be the individual described in, and who executed the foregoing Agreement, and duly acknowledged to me that he executed the same. NOTARY PU BLIC SHARON M. OSHEROVITZ NOTARY PUBLIC. STATE OF NEW YORK Registration No. 010560833? QUALIFJED IN ROCKLAND COUNTY . Commission Expires NOV 12. 2022