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NOW, THEREFORE, in consideration of the mutual promises, undertakings and acts, <br />one party to the other, it is hereby agreed as follows: <br />1. In accordance with the letter that he delivered to Lisa Thomas, the Director of <br />Public Safety for the City on June 20, 2002, Bak shall retire from the North Olmsted Fire <br />Department effective on a date of his choosing, which shall not be later than October 11, 2002. <br />Further, Bak requests and agrees that he shall be placed on paid administrative leave commencing <br />with the date June 20, 2002, also as referenced in his June 20, 2002, letter to the Director of <br />Public Safety, which said paid administrative leave shall continue until and conclude upon the <br />date of his retirement as Chief of Fire for the City. <br />2. The City and Bak agree that Bak's accrued and current vacation leave and comp <br />time, in proportions as Bak shall select, shall be used to pay Bak during the said administrative <br />leave, and that, in addition, Bak may use current and accumulated sick leave during the <br />administrative leave, if documented in writing by his physician and subject to the City's right to <br />confirm the validity of the use of sick leave by having Bak examined by a physician of the City's <br />choosing. <br />3. The City and Bak agree, for purposes of Bak's retirement, that Bak has <br />aceumulated four hundred eighty hours of comp time as of June 14, 2002, and may have <br />accumulated additional unused comp time during the four ensuing work days since his last pay <br />period concluded, which may be used prior to June 28, 2002. Any portion of the said comp time <br />may be taken by Bak during the said administrative leave, and the balance remaining at the time of <br />his retirement shall be paid to him in accordance with the applicable provisions of the federal Fair