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<br />, <br /> <br />, <br /> <br />'I <br /> <br />AGREEMENT <br /> <br />This Agreement is entered into between Janis Womack ("Employee") and the City of San <br />Marcos ("City"). The Employee and the City agree as follows: <br /> <br />1. Termination. The Employee agrees to submit a letter of resignation effective as of <br />August 31, 2006 (the "Resignation Date"). Employee's employment with the City as City Clerk <br />will end as of the Resignation Date. <br /> <br />2. Payments to Emplovee. The City agrees to pay the Employee, in addition to salary <br />through the Resignation Date, A) six months salary, and B) the Employee's accrued and unused <br />vacation leave (not to exceed 90 days) and sick leave (not to exceed 90 days) as of the <br />Resignation Date. <br /> <br />3. By signing this Agreement, the Employee agrees to the following: <br /> <br />a. Release and Waiver of Rie:hts. The Employee releases the City and its officers <br />and employees (collectively the "Released Parties") from any and all claims, complaints, <br />liabilities, damages, causes of action, suits, rights, costs, and expenses (including attorneys' fees) <br />of any nature relating to the Employee's employment with the City or to her resignation from <br />employment with the City arising under federal, state or local law . <br /> <br />b. Covenant Not to Sue. The Employee agrees that she will not bring any legal <br />action against the Released Parties for any claim waived under this Agreement. The City agrees <br />that it will not bring any legal action against the Employee for any claim waived under this <br />Agreement. <br /> <br />c. ADEA Claims. The claims waived and discharged and the covenant not to sue in <br />this Section 3 of the Agreement do not include claims under the Age Discrimination in <br />Employment Act (ADEA); such claims are covered in Section 4 below. <br /> <br />d. Return of Property. The Employee agrees to return all City property in her <br />possession, including but not limited to keys, identification cards, credit cards, computer <br />equipment, and telephoneslBlackberrys, to the office of the City Manager by 5 :00 p.m. on <br />September 1, 2006. <br /> <br />4. Release and Waiver and Covenant Not to Sue Under the ADEA. By signing this <br />AgreelT\ent, the Employee agrees to the following: <br /> <br />a. Release and Waiver of Rie:hts. The Employee irrevocably and unconditionally <br />releases the City and the other Released Parties from any and all claims, complaints, liabilities, <br />damages, causes of action, suits, rights, costs, and expenses (including attorneys' fees) from any <br />and all age discrimination and/or retaliation claims under the ADEA. <br /> <br />b. Covenant Not to Sue. Employee agrees that she will not bring any legal action <br />against the Released Parties for any claim under the ADEA which existed prior to the time she <br />