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HomeMy WebLinkAbout2008 CON Chris Zapata - 4th Amendment City Manager EmploymentFOURTH AMENDMENT TO EMPLOYMENT AGREEMENT This Fourth Amendment to Employment Agreement is made and entered into this 20th day of May, 2008, by and between the City of National City, a municipal corporation (hereinafter called "Employer"), and Chris Zapata, an individual (hereinafter called "Employee"). RECITALS A. Employer and Employee entered into an Employment Agreement ("the Agreement") dated January 20, 2004. B. Said Agreement was subsequently amended on or about December 6, 2005, August 1. 2006, and January 9, 2007. C. Employer and Employee desire to amend Section 1 of the Agreement, pertaining to Term. D. Employer and Employee also desire to amend Section 16 of the Agreement, pertaining to Housing Assistance Payments, in order to eliminate such payments and instead provide Employee with housing at no cost to Employee. E. The Community Development Commission of the City of National City ("CDC") is the owner of the residential property, commonly known as the Frank Kimball House ("House"), located at 923 "A" Avenue, National City, in which is located the housing that will be provided to Employee. The CDC is willing to make the second floor, the grounds, and the garage of the House available to Employee for use as his residence. NOW, TIIEREFORE, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree that effective immediately, Sections 1 and 16 of the Agreement arc hereby amended to read as follows: Section / Term. The original Term of this Agreement from February 9, 2004, through February 8, 2009, shall be extended for one (1) year to February 8, 2010, unless sooner terminated by the Employer or Employee as provided in Sections 9, 10, or 11 of this Agreement. Section 16 City -Provided Housing. During such time as Employee is employed as the City Manager of the City of National City Employer shall arrange to provide him housing, consisting of the second floor of the Frank Kimball House, as well as the surrounding grounds and the • garage, located at 923 "A" Avenue, National City. 1t is understood and agreed by Employer and Employee that said provision of housing is in lieu of Employer's payment to Employee of a housing allowance, and that this Agreement does not create a landlord -tenant relationship between Employer and Employee. Employment Agreement - Zapata Fourth Amendment Page 2 With the foregoing exception, each and every provision of the Employment Agreement dated January 20, 2004, as amended on or about December 6, 2005, August 1, 2006, and January 9, 2007, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF)ATIONAI. CITY By: Ron Morison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney EMPLOYEE Employment Agreement - Zapata Fourth Amendment Page 3 CONSENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY The Community Development Commission of the City of National City (CDC), as an accommodation to the City of National City, hereby consents to the use of the second floor of the Frank Kimball House, as well as the surrounding grounds and the garage, by City Manager Chris Zapata ("Employee") as his residence. It is understood and agreed that Employee's use of the Frank Kimball I-Iouse, as well as the surrounding grounds and the garage, does not create a landlord -tenant relationship between the CDC and Employee. COMMUNITY DEVELOPMENT COMMISSION OF THE@FY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. iser, III Legal Counsel EMPLOYEE RESOLUTION NO. 2008 — 88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER CHRIS ZAPATA WHEREAS, on or about January 20, 2004, the City Council approved an Employment Agreement with City Manager Chris Zapata; and WHEREAS, the Employment Agreement was subsequently amended on or about December 6, 2005, August 1, 2006, and January 9, 2007; and WHEREAS, the City Council and City Manager now wish to amend Sections 1 and 16 of the Employment Agreement, pertaining to the extension of the term of the Agreement for one year, until February 8, 2010, and to provide housing, consisting of the second floor, as well as the surrounding grounds and the garage, of the Frank Kimball House, in lieu of a monthly housing allowance. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a Fourth Amendment to Employment Agreement with City Manager Chris Zapata. Said Fourth Amendment to Employment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of May, 2008. Ron Morrison, ATTEST: / M chael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 20, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California At City CIdr of the City of Na)fonal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-88 of the City of National City, California, passed and adopted by the Council of said City on May 20, 2008. City Clerk of the City of National City, California By: Deputy Goy•G.-'d City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE May 20, 2008 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER CHRIS ZAPATA PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney The term of the Employment Agreement ("Agreement") between the City and the City Manager is currently for the period February 9, 2004 to February 8, 2009, subject to early termination provisions. The City Manager is proposing that the Agreement be amended to extend its term to February 8, 2010. The Agreement currently provides for payment of a $500 per month housing allowance. The City Manager is proposing that the housing allowance be eliminated, and that the Agreement be amended to provide housing in lieu of a housing allowance, consisting of the second floor, as well as the surrounding grounds and the garage, of the Frank Kimball House located at 923 "A" Avenue. By approval of the this resolution, the Agreement would be amended as proposed. Environmental Review NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Amendment to Agreement c%•�� A-200 (9/99)