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<br />EXHIBIT B <br /> <br />LIMITED RELEASE BY THE CITY OF SUNNY ISLES BEACH <br /> <br />WHEREAS, JACK NEUSTADT ("Neustadt") is employed by the CITY OF SUNNY <br />ISLES BEACH ("City") as the Acting City Manager and at the will of the City Commission; and <br /> <br />WHEREAS, Neustadt has decided to retire from his employment with the City and the <br />City is willing to accept such retirement; and <br /> <br />WHEREAS, the City and Neustadt have agreed that Neustadt shall receive certain <br />retirement benefits which are described in this Agreement to be paid or provided as the case may <br />be, in accordance with the attached Settlement Agreement, in consideration for the retirement of <br />Neustadt and in recognition of Neustadt's three (3) years of service to the City; <br /> <br />NOW, THEREFORE, in consideration of the recitals set forth above and payment to <br />Neustadt of the severance benefits specified in the attached Settlement Agreement, Neustadt and <br />the City covenant and agree: <br /> <br />1. The City of Sunny Isles Beach releases and discharges Neustadt, from any and all claims, <br />liabilities, demands and causes known or unknown, which the City may have arising out of any <br />act or omission and in the course and scope of his employment as Finance Director and/or Acting <br />City Manager unless, in the case of a tort action, Neustadt acted outside the scope of his <br />employment, illegally, in bad faith with malicious purpose, or, in any manner exhibiting willful <br />and wanton disregard of human rights, safety, or property. <br /> <br />2. It is understood that the City of Sunny Isles Beach does not waive any rights or claims <br />that may arise out of enforcement of the Settlement Agreement to which this Release is attached <br />as Exhibit "B." <br /> <br />3. This Agreement shall be governed by Florida law, and venue for any action arising out of <br />this Agreement shall be in Miami-Dade County, Florida. <br /> <br /> <br />4. In the event any party is required to institute litigation to enforce this agreement or in the <br />event that any party brings a suit or files a charge or claim in violation of this agreement, the <br />prevailing party shall ~~ entitl~d t~ reason~le attorneys' fees and costs, including appeal. <br /> <br />CITYOFS . YISL BACH <br />( , <br /> <br />;Z!:~ <br />Date <br /> <br />, . .~ ~ <br /> <br />~~~~~ <br /> <br />Richard Br<;'>wh-Morilla, City Clerk <br /> <br />~/l\I()o <br /> <br />Date <br /> <br />Limited Release by the CSIB <br />Jack Neustadt <br />LMD:ch 6/20/00 -- I: 10 PM <br />