HomeMy WebLinkAboutCAVAZOS, DAVID - 1ST AMEND - 2014A- 2014.200
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FIRST AMENDMENT TO THE CITY MANAGER
EMPLOYMENT AGREEMENT
This First Amendment to the City Manager Employment Agreement
( "Agreement ") is entered into as of the 2nd day of September, 201.4 (the "Effective Date "),
between the City of Santa Ana (hereinafter referred to as the "City ") and David Cavazos
(hereinafter referred to as the "City Manager" or the "Employee "). City and City
Manager /Employee are sometimes referred to in this Agreement as "Party" and collectively as
"Parties."
RECITALS:
'vvHEREAS, on August 5d1, 2013 the City Council of the City appointed and
employed Employee as City Manager of the City pursuant to the Charter of the City of Santa
Ana ("City Charter "), and
WHEREAS, the Parties set forth the terms and conditions of said City Manager's
employment in an agreement entitled the City of Santa Ana City Manager Employment
Agreement ( "Agrecment ") effective that same date, and
WHEREAS, the Parties desire to amend certain provisions of the Agreement as
set forth herein.
WHEREFORE, in consideration of the covenants contained in said Agreement,
and subject to all the terms and conditions of said Agreement, the Parties hereto agree as
follows:
Section 1, TERM/AUTOMATIC ANNUAL RENEWAL, shall be deleted in its entirety and
replaced with the following:
1. Term /Automatic Annual Renewal,
This Agreement shall be deemed effective for a three (3) year term beginning on
October 21, 2014 and terminating on October 20, 2017, unless terminated earlier in accordance
with Section 9 hereof. This three (3) year term will, pursuant to the provisions below,
automatically extend from year to year unless City Council takes action to prevent the automatic
extension. In the event the City Council does not want this Agreement to automatically extend,
it will provide written notice to City Manager that the Agreement will not be extended and
consequently will terminate as of the end of the current term.
If action is not taken by City Council within three (3) months before the
expiration of the term of this Agreement on October 20, 2017, this Agreement shall on July 20,
2017, automatically extend for one (1) year from October. 21, 2017 until October 20, 2018, . Poi
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each succeeding year that the City Council does not take action to extend or terminate this
Agreement by three (3) months before the then current end of the Agreement, the Agreement
shall automatically extend for an additional year. For example, if action is not taken by the City
Council to extend or terminate this Agreement by July 20, 2018, the Agreement shall on that date
automatically extend for one (1) year from October 21, 2018, to October 20, 2019, and if the
City Council doesn't take action to extend or terminate this Agreement by July 20, 2019, it will
automatically extend for one (1) year from October 21, 2019 to October 20, 2020,
Section 2.2.7, HOUSING ALLOWANCE, shall be deleted in its entirety and replaced with
the following:
2.2.7 Housing Allowance
It is understood that City Manager intends to reside in the City of Santa Ana
during his employment as City Manager, and that initially he will require a temporary residence
while he is purchasing a permanent residence in the City. Further, it is understood that the City
Council desires that City Manager reside within the City of Santa Ana and believes that such
residence would be of benefit to the City and enhance City Manager's performance as City
Manager, and therefore, the City will pay City Manager the following allowances and assistance.
Section 2.23(b), HOUSING ALLOWANCE, shall be deleted in its entirety and replaced
with the following:
(b)Housing Allowance (Temporary)
Upon the termination of the Temporary Housing Assistance provided for in
Section 2.2.7 (a), City shall pay City Manager a housing allowance in the amount of $2,000.00
per month up until October 16, 2016. Said housing allowance shall be contingent upon City
Manager residing within the City.
Except as bereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to the
City Manager Employment Agreement as of the 2nd day of September, 2014,
EMPLOY M/ ANAG> R
David Cavazos
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ATTEST:
Clerlc of the Council
Maria D. Huizar
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Approved as to Form:
Sonia R. Carrvalho
) � . &II I Bv_L //f
Jo7ph'Stsalm
Assistant City Attorney