HomeMy WebLinkAboutReso 15-1993 RESOLUTION NO.15-93
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING MODIFICATION
TO THE CITY MANAGER EMPLOYMENT CONTRACT
BE IT RESOLVED by the City Council of the City of South San
Francisco, that:
The Mayor is authorized to execute on behalf of the City of
South San Francisco a modification to the City Manager Employment
Contract, attached Exhibit "A"
I hereby certify that the foregoing Resolution was regularly
introduced and adopted by the City Council of the City of South
San Francisco at a re~u]ar meeting held on the 27th day of
January , 1993 by the following vote.
AYES:
Councilmembers Jack Drago, Joseph A. Fernekes, John R. Penna,
Robert Yee, and Mayor Roberta Cerri Teqlia
NOES: None
ABSTAIN: None
ABSENT None
EXHIBIT A TO RESOLUTION NO. 15-93
~REEI~ENT TO I~OD'rFy COND~'T~'ONS OF
C'~'TY I~N~ER EI~PLOYI~ENT ~,~REF.~ENT
For the purposes of this Agreement "Employer" and "city
Manager" shall means "Jes~s Armas" and City shall mean the "City of
South San Francisco".
WHEREAS, the Second Amendment to the City Manager Employment
Agreemen~ provided for a term of three (3) years commencing
September 19, 1991; and
WHEREAS, such Amendment provides that the Employee must give
at least ninety (90) days advance notice of his resignation from
his position unless a different time is mutually agreed upon by the
parties; and
WHEREAS, the City Manager has accepted a position with the
City of Hayward and desires to resign without providing the
required notice; and
WHEREAS, the Council and Manager have mutually agreed upon a
period of less than ninety (90) days; and
WHEREAS, the City and City Manager jointly own equity in a
house located at 368 Conmur in South San Francisco; and
WHEREAS,, the City Manager Employment Agreement provides that
within sSx (6) months of time Employee ceases to be employed by the
City, Employee must sell his interest to the City, if the city
wishes to purchase it, or put the property on the open market; and
WHEREAS, the parties agree that the six (6) month limitation
may result in hardship to the Employee and economic loss to the
City.
NOW, THEREFORE, THE PARTIES AGREE as follows:
1. The City Manager is released from the ninety (90) day
advance notice provision of the Second Amendment to the city
Manager Employment Agreement and may leave his position with the
City as of February 1, 1993.
2. The City Manager agrees to be responsible for the 1993/94
City Budget and shall devote the necessary time and expertise to
assure that an appropriate budget is presented to the City Council.
Performance of the obligations of this paragraph shall be as an
independent contractor and consultant and shall be completed at no
cost to the City. The actions required hereunder shall be
coordinated through the Acting City Manager or other person deemed
appropriate by the Council. In no event shall the City Manager be
required to attend more than four (4) Staff and two (2) City
Council meetings as part of the obligations of this paragraph.
3. The requirement that Employee sell his interest in the
house wi'thin six (6) months of his separation from the City is
hereby modified to provide as follows:
a)
On or before February 1, 1994, Employee must either
sell his interest (including his wife's interest)
in the house located at 368 Conmur to the City at
an agreed upon price, if the City wishes to
purchase it, or place it for sale on the open
market at a price agreed upon by the parties. In
the event the parties cannot agree upon a price, an
independent Real Estate Broker, selected upon by
the parties, shall be retained to recommend a
selling price. Such price shall be the asking
price for the property.
b)
Employee shall pay all mortgage, insurance costs,
and taxes until the house is sold.
c)
Employee shall be responsible for and pay all costs
related to the maintenance and upkeep on the
property until it is sold. In this regard, the
Employee shall maintain the property and
improvements according to the standards in the
neighborhood.
d)
Employee may rent or lease the house during the
interim period up until February 1, 1994.
e)
Employee shall be responsible for any damages done
to the premises by tenants or lessees.
f)
In the event the rent exceeds Employee's cost of
maintaining the property, the excess shall be
divided equally between the City and Employee. The
"cost of maintaining the property" shall be defined
as the cost of mortgage payments, taxes, insurance
and maintenance.
g)
In the event the house is sold the proceeds shall
be disbursed according to the following priority;
SELLING PRICE
(1) Less new closing costs;
(2) Less value of improvements credited to Armas;
(3)
The remaining profit or loss shall be divided
equally between City and Armas.
4. Employee hereby agrees to hold, save harmless and defend
2
5. This Agreement supersedes all prior Agreements between
City and Employee with respects to the subject matters contained
herein and may only be modified by a written document executed by
the parties.
CITY OF SOUTH SAN FRANCISCO:
Dated: ~ ~ , 1993
EMPLOYEE~ /: ~~
By: ~~ ~/~
Jes~s Armas - \
Dated: I ~% 1993