SEVERANCE AGREEMENT

This Severance Agreement (“Agreement”) is entered into by and between the Town of Jupiter,
Florida, a Florida municipal corporation (“Employer”) and Matt Benoit (“Employee”). The Employer and
Employee are collectively referred to herein as “the Parties.”

WHEREAS, Employee is employed by Employer pursuant to an Employment Contract (the

Contract) as its Town Manager; and

WHEREAS, Employee has elected to exercise his right and option pursuant to Section 2C of the
Contract and resign his employment with the Employer; and

WHEREAS, the Employer hereby agrees to waive the Employee’s obligation pursuant to Section
3 to provide the Employer with at least 30 days written advance notice of his resignation; and

WHEREAS, by execution of this Agreement, the Employer agrees to provide Employee with the
compensation, COBRA insurance for 20 weeks, and accrued benefits as described in Section 2C of the
Contract.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the Employer
and Employee agree as follows:

Section 1. Recitals Incorporated. The whereas clauses hereinabove are incorporated herein
and specifically made a part of this Agreement.

Section 2. Employment Termination; Resignation. The employment relationship between the

Parties is concluded effective at the close of business on November 8, 2021 (‘Effective Date”). Together
with the execution of this Agreement, Employee, at his option may provide a letter of resignation which
shall be included in the Employee’s personnel file.

Section 3. Mail. Employer shall forward any of Employees personal emails and other personal
correspondence addressed to him for a period of 30 days following Effective Date to give him an
opportunity to advise personal contacts of a change of his email and regular mail address.

Section 4. Salary, Accrued Benefits, and COBRA Insurance.

(a) Salary: In accordance with Section 2 C of the Contract, Employee shall be paid a lump sum
severance of $95,084.60 equal to 20 weeks of his annual salary within 10 days of the
Effective Date. The check shall be made payable to Employee, less applicable payroll taxes,
and the Employee shall be issued a W-2 to include with his payment.
(b) COBRA Insurance: In accordance with Section 2 C of the Contract, employer shall pay
Employee’s COBRA health insurance payments for 20 weeks beyond the Effective Date.
(c) Accrued benefits. In accordance with Section 2 C the Contract, Employee shall be entitled to
receive a lump sum payment for 257.90 hours of accrued benefits, including, sick leave and
320 hours of vacation leave at a rate of $118.85 per hour on November 8, 2021

Section 5. Return of Property. Prior to or upon the Effective Date, Employee shall return to the
Employer all of the Employer’s property, including but not limited to, a laptop computer, any computer
equipment, office equipment, cell phone, keys, pass cards or badges, credit cards, files, tapes, software,
computer files, and any other record, document or piece of equipment belonging to the Employer or
related to the work which Employee had done for Employer. Employee has not and will not destroy,
delete, alter any of Employer’s property without the Employer’s consent.

Section 6. Automobile Allowance. Employee shall be entitled the payment of Employee’s

monthly automobile allowance through the Effective Date.

Section 7. Agreement to provide Consulting Services. Employee and Employer recognize and
agree that it is in the best interests of the Town to retain Employee as a consultant through December
31, 2021, and to pay the Employee a lump sum monthly salary of $20,601.66 per month for his services
during November and December, 2021. The Parties agree that the Employee is not be entitled to
health, pension contributions or accrued benefits as part of the Employee’s consulting services.

Section 8. Default. In the event of default by Employee of the covenants below regarding
Return of Property, Employee agrees that:

(a) Any violation of these clauses will cause significant and irreparable harm to Employer for
which it has no adequate remedy at law, regardless of the outcome of litigation;
(b) Employer, upon application to a court of competent jurisdiction, shall be entitled to seek
injunctive relief, including, but not limited to a temporary, preliminary, or permanent
injunction to enforce the provisions of this Agreement.

Section 9. Release of Claims. Employee willingly and voluntarily waives and releases any and all
known and unknown rights and claims Employee has or may have against Employer as of the date of
Employee signs this Agreement, including but not limited to any claim(s) under:

· The National Labor Relations Act;

· Title VII of the Civil Rights Act of 1964;
· Section 1981 through 1988 of the Title 42 of the U.S. Code;
· The Employee Retirement Income Security Act of 1974;
· The Immigration Reform and Control Act of 1990;
· The Fair Labor Standards Act;
· The Older Workers Benefit Protection Act;
· Age Discrimination in Employment Act, 29 USC Chap. 14;
· The Equal Pay Act of 1963;
· The Occupational Safety and Health Act;
· The Family Medical Leave Act of 1993;

This Release and Waiver also bars any claim or demand for costs, fees or other expenses
including attorney’s fees incurred in connection with any of the above referenced claims. The listing of
claims waived in this Section is intended to be illustrative rather than exhaustive.

The Employer willingly and voluntarily waives and releases any and all known or unknown rights
and claims Employer may or may not have against Employee up to the Effective Date of date this
Agreement.

Section 10. No Disparagement. The Parties agree that they shall not make any disparaging
remarks or untrue statements about the other Party and that any disparagement shall constitute a
breach of this Agreement.
 Section 11. Unemployment Compensation. Employer shall not contest Employee’s application
for unemployment compensation, should an application for same be made by Employee.

Section 12. Non-Admission. Employee and Employer agree that neither this Agreement nor the
furnishing of the consideration for this Agreement shall be deemed or construed at any time for any
purpose as an admission by Employer or Employee of any kind.

Section 13. Governing Law and Interpretation. This Agreement shall be governed and
construed in accordance with the laws of the State of Florida, with exclusive venue in Palm Beach
County, Florida. Its language shall be construed as a whole, according to its fair meaning, and not
strictly for or against either party.

Section 14. Severability. Should any provision of this Agreement be declared illegal or
unenforceable by any court or competent jurisdiction and cannot be modified to be enforceable, such
provision shall immediately become null and void, leaving the remainder of this in full force and effect.

Section 15. Entire Agreement; Amendment. This Agreement sets forth the entire agreement
between Employee and Employer and shall supersede any and all prior agreements or understandings
between the Parties and has not been induced by any fraudulent misrepresentations. It may not be
amended except by a written agreement signed by the Parties. Employee has not relied upon any
statements or representations not contained herein.

Section 16. Headings. Section headings are used herein for convenience of reference only and
shall not affect the meaning of any provision of this Agreement.

Section 17. Attorney. Employee acknowledges that Employee has consulted an attorney or had
a full and complete opportunity to do so before signing this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth below.

EMPLOYEE

_____________________________
Matt Benoit
Date: November 8, 2021

ATTEST: TOWN OF JUPITER

_____________________________
By: Todd R. Wodraska, Mayor
Laura Cahill, Town Clerk Date: November 8, 2021
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