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Home My WebLink About2008 CON CDC Community Development Commission - Consent Kimball HouseNOTE TO FILE 03-24-10 IN THE MATTER OF: Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute a Consent to the use of the Second Floor of the Frank Kimball House, as well as the surrounding grounds and the garage, by the City of National City. Please note the following: A FULLY EXECUTED ORIGINAL CONSENT WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: X CDC Housing & Grants _ City Attorney _ Human Resources _ City Manager _ MIS _ Community Svcs. _ Planning _ Engineering _ Police Finance _ Public Works Fire NTF FOURTH 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. 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, THEREFORE, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree that effective immediately, Sections 1 and 16 of the Agreement are hereby amended to read as follows: Section 1 Term. The original Term of this Agreement from February 9, 2004, through February 8, 2009, shall he 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. It 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 I, 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 OFT1ONAI. CITY By: Ron Morrison, 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 House, 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 TY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. iscr, III Legal Counsel EMPLOYEE RESOLUTION NO. 2008 — 90 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A CONSENT TO THE USE OF THE SECOND FLOOR OF THE FRANK KIMBALL HOUSE, AS WELL AS THE SURROUNDING GROUNDS AND THE GARAGE, BY THE CITY OF NATIONAL CITY WHEREAS, it is the desire of the City Council to authorize the City Manager to use the second floor of the Frank Kimball House, as well as the surrounding grounds and the garage, as his residence; and WHEREAS, it is necessary to obtain the consent of the Community Development Commission of the City of National City ("CDC") for this use, because the CDC is the owner of the Frank Kimball House; and WHEREAS, the CDC is willing, as an accommodation to the City, to consent to said use; and WHEREAS, it is understood and agreed by the CDC and the City Manager that this use of the Kimball House, as well as the surrounding grounds and garage, by the City Manager does not create a landlord -tenant relationship between the CDC and the City Manager. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute on behalf of the CDC a consent to the City Manager's use of the second floor of the Frank Kimball House, as well as the surrounding grounds and the garage, as his residence. PASSED and ADOPTED this 20th day of May, 200 Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: George H."Eiser, III Legal Counsel Passed and adopted by the Community Development Commission of the City of National City, California, on May 20, 2008, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretarymmunity, Development Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-90 of the Community Development Commission of the City of National City, California, passed and adopted on May 20, 2008. Secretary, Community Development Commission By: Deputy City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 20, 2008 AGENDA ITEM NO. 22 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A CONSENT TO THE USE OF THE SECOND FLOOR, AS WELL AS THE SURROUNDING GROUNDS AND GARAGE OF THE FRANK KIMBALL HOUSE BY THE CITY OF NATIONAL CITY !� PREPARED BY George H. Eiser, III Pt DEPARTMENT City Attorney (Ext. 4221) EXPLANATION The City Council agenda contains an item to amend the City Manager's Employment Agreement. If approved, the amendment would authorize the City Manager to use the Frank Kimball House, including the grounds and the garage, as his residence, in lieu of receiving a monthly housing assistance payment. Because the Kimball House is owned by the CDC, it is necessary to obtain the CDC's approval for the proposed use. This resolution would authorize the Chairman to execute a Consent, which would approve, as an accommodation to the City, the City Manager's use of the second floor of the Kimball House, as well as the grounds and garage, as his residence. Environmental Review I N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. a c' 0 Resolution Consent A-200 (9/99)