RELEASE OF ALL CLAIMS AND
SETTLEMENT AGREEMENT
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This Release of all Claims and Settlement Agreement, made and entered into this
day of
March,20ll, by and
between the Huron School District No. 2-2 and its Board
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of
Education, of Huron, South Dakota, hereinafter referred to as "District" and Ross Opsal,
Superintendent of said District, Huron, South Dakota, hereinafter referred to as "Opsal,,.
WHEREAS, District is a public school district with its principal place of business in
Huron, South Dakota, and opsal is Superintendent of said District; and
WHEREAS, Opsal has a Superintendent's Contract with said District dated June 28,
201 0 and executed January
1
,
2011 , a
copy of said contract is attached hereto, marked Exhibit
and incorporated herein by reference the same as
if
set forth in
1,
full; and
WHEREAS, said contract provides that Opsal shall fulfill the duties and obligations of
Superintendent of District for a term of three (3) years, commencing July l,2OlO and concluding
on June 30,2013; and
WHEREAS, the parties have agreed that Opsal's employment with district should cease
and terminate immediately upon execution of this agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
made, and in order to permit the parties to avoid litigation disruption of services to the District,
and, the
1.
well being of both parties, the parties agree as follows:
Opsal hereby officially resigns his emplolmrent with District, effective immediately upon
execution of this agreement by both parties.
2.
Pursuant to paragraph 5 of Superintendent's Contract, Exhibit
l, District
shall pay Opsal
all monies due on his annual base salary rate of $110,000.00, together with $6,600.00 in
"quirut"rt
retirement benefit or a total of
$ 1 16,600.00,
commencing March
l,
Z0l1 through June
;-
30,2011. Additionally, District shall pay Opsal the same amount commencing July
through June 30, 2012.
l, 21ll,
All of said compensation shall be paid to Opsal in installments of lllT of
that amount on the 20tl'of each month.
3.
Further, pursuant to paragraph 10 of said Superintendent's Contract, Exhibit
shall provide
$
1,
I 99.84 per
insurance commencing
4.
l,
District
month for Opsal to purchase hospitalization and major medical
April 1,2071, through June 12,2Ol2
Notwithstanding the payments of salary and insurance as set forth in paragraphs 2 and3
hereinabove Opsal hereby agrees to legitimately and actively seek employment as a school
administrator and agrees to demonstrate to District on a monthly basis, his efforts at securing
school administrative employment. Immediately upon Opsal's employment as a school
administrator, the pa5rments of salary and insurance as called for in paragraphs 2 and 3
hereinabove shall cease and District's obligations to Opsal shall end. Notwithstanding the
foregoing, if Opsal secures employment at a salary less than $110,000.00 per year, District shall
continue to pay Opsal the difference between his new employer's salary and $l10,000.00, but in
no event, beyond June 30, 2012.
Further, District's obligations for payments pursuant to paragraphs 2 and 3 hereinabove
shall also cease
if
Opsal refuses a bonafide legitimate
offer of employnent
as a school
administrator in South Dakota or Iowa.
In order to assist Opsal's employment search, District agrees that the current board
Chairman, John Halbkat, shall be designated as spokesman for recommendations from District
and that Halbkat is hereby authorized by the parties, to give a "neutral" recommendation. It is
specifically acknowledged by both parties to this agreement that the parties understand the term
"neutral" recommendation and what that term encompasses.
5.
The parties further agree that all other obligations and provisions of Superintendent's
Contract, Exhibit 1, shall be null and void upon execution of this Release of all Claims and
Settlement Agreement.
6.
Pursuant to SDCL 1-27-1.5(20), the parties mutually agree and stipulate that this Release
of all Claims and Settlement Agreement is declared closed and confidential. Specifically, it is
understood and agreed by District and Opsal and Opsal's spouse, that the contents of this
document shall be considered confidential and shall not be disclosed to any third person or entity
by either District or Opsal except with the prior written approval of the other party or upon the
Order of a Court of competent jurisdiction, which Order shall be disputed with all vigor by the
party who may be sued to compel its disclosure. However, the parties may disclose such
document to their attomey or accountant as is necessary in the regular course of business.
Violation of this provision compelling confidentiality shall render the party, including Opsal's
spouse, disclosing the contents of this Release, liable for all consequential damages suffered by
the other party on account of such disclosure.
7
.
In consideration of the foregoing, Opsal agrees for himself and his heirs, legal
representatives and assigns to release and forever discharge District, its Board of Education, its
employees, its successors and assigns, of and from all claims, demands, actions and causes
of
actions of any kind or nature, at law or in equity, based upon Superintendent's Contract, Exhibit
1, or any matter relating
to Opsal's employment with District. This Release applies to all past
and existing claims, including, without limitation, such rights of Opsal under the
Superintendent's Contract, Exhibit
8.
l.
This Release contains the entire agreement between the parties hereto and supersedes and
replaces all prior negotiations or proposed settlements, written or
verbal. The terms of this
Release are contractual and not merely a
recital. The parties acknowledge that they have read
this Release, know the contents thereof, and execute the same as their own free and knowing act.
That they have relied upon the advise of their attorney, who is the attorney of their own choice,
and that the terms of this Release have been completely read and explained to them by that
attorney, and that those terms are fully understood and voluntarily accepted.
9.
In entering and making this Release of all Claims and Settlement Agreement, each party
assumes the risk of any mistake
of fact, or law. If the parties to this agreement, or either of them,
should later discover that any fact they relied upon in entering this Release of all Claims and
Settlement Agreement, is not true, or that their understanding of the facts and law was incorrect,
they shall not be entitled to seek rescission of this Release of all Claims and Settlement
Agreement, by reason of their own mistake. This Agreement is final and binding upon the
parties regardless of any mistake of fact or law.
10.
The language of this Release of all Claims and Settlement Agreement shall be construed
as a whole, according to its fair meaning and intent, and not
strictly for or against any party,
regardless of who drafted or was principally responsible for drafting the Agreement, or any
specific term or condition thereof. This Agreement shall be deemed to be drafted by all parties
and no party shall urge otherwise.
11.
This Agreement shall be construed and enforced pursuant to the laws of the State of
South Dakota.
12.
Should any provision of this Agreement be held illegal, such illegality shall not invalidate
the whole of this Agreement; instead, the Agreement shall be construed as if
it did not contain
the illegal part, and the rights and obligations of the parties shall be construed and enforced
accordingly.
IN WITNESS WHEREOF,
the parties have executed this agreement the date and year
first above written.
IN WITNESS HEREOF, I have executed this Agreement:
Dated this
'y] day of March,2017.
HURO
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Dated this
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5
CHOOL DISTRICT 2-2
By:
Its:
.-
day of March, 201 1.
!,
Ross Opsal
STATE OF SOUTH DAKOTA
)
:SS
COUNTY OF BEADLE
)
I -'l
day of Mar ch,2Ol1, before me, the undersigned officer, personally
On this the
-F"l,lrK,
appeared
, who acknowledged him/herself to be the Board President
,.'
2-2,
and
that
he/she, as such Board President being authorized so to do,
District
Hrrron
of
School
executed the fcregoing instrument for the
corporation by him/herself as Board President.
Jii
t
Notary Public I-?r, ,,-,.
My commission expire
(sEAL)
STATE OF SOUTH
DAKOTA
)
:ss
COUNTY OF BEADPJ,
\,--
)
tt'-L"diy
of March,20Il,before me, the undersigned officer, personally
On this the
appeared Ross Opsal, known to me or satisfactorily proven to be the person whose name is
subscribed to the within instrument and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and
.
(sE,{I-)
t
il
(--__
Notary Public
My commission expires:
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