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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