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HomeMy WebLinkAbout2009/03/10 Report to RDA Item No. 5CITY OF LADE J LSIIYORE DREAM EXTREMEn CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: BARBARA LEIBOLD CITY ATTORNEY /AGENCY COUNSEL DATE: MARCH 10, 2009 RE: AMENDMENT TO CITY MANAGER/EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT Background The City Manager /Executive Director's employment agreement ( "Employment Agreement ") provides that the City Council annually review Mr. Brady's performance. Such performance evaluation was conducted in closed session at the City Council's meeting on February 24, 2009. Discussion An amendment to the Employment Agreement is necessary to reflect changes to the terms of the City Manager /Executive Director's employment. A Fourth Amendment to Employment Agreement has been prepared by the City Attorney and is attached for your consideration. The amendment provides for an extension of the term of the ,City Manager /Executive Director's employment contract from August 31, 2011 to August 31, 2013. FISCAL IMPACT No Impact. RECOMMENDATION That the City Council and Agency Board approve the Fourth Amendment to Employment Agreement and authorize the Mayor and Chairman to execute the same. Agenda Item No. 5 Page 1 of 4 Amendment to City Manager /Executive Director's Employment Agreement March 10, 2009 Page 2 Prepared by: Barbara Leibold City Attorney /Agency Counsel Approved by: Robert A. Brady City Manager /Executive Director Agenda Item No. 5 Page 2 of 4 FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT This Fourth Amendment to Employment Agreement ( "Fourth Amendment'), dated as of March 10, 2009 (the "Effective Date "), is entered into by and among the City of Lake Elsinore ( "City') and the Lake Elsinore Redevelopment Agency (the "Agency "), on the one hand (the Agency and the City are collectively referred to herein as "Employer"), and Robert Brady, ( "Employee "), on the other hand. RECITALS A. Employee serves as City Manager of the City and Executive Director of the Agency by way of an Employment Agreement dated as of June 28, 2005 by and between Employer and Employee, the First Amendment thereto dated as of April 25, 2006, the Second Amendment thereto dated as of March 27, 2007, and the Third Amendment thereto dated as of March 11, 2008 (collectively, the "Agreement'). B. On February 24, 2009, the City Council evaluated the performance of Employee pursuant to Section 10 of the Agreement and directed the City Attorney to prepare this Fourth Amendment. AGREEMENT Subparagraph (a) of Section 2 "Term" is hereby amended as follows: ,, a. The term of this Agreement (the "Term ") shall be extended to August 31, 2013." 2. Except as provided herein, the terms and conditions set forth in the Agreement shall remain in full force and effect. [Signature Page Follows] Agenda Item No. 5 Page 3 of 4 IN WITNESS WHEREOF Employer and Employee have caused this Fourth Amendment to be executed as of March 10, 2009. CITY OF LAKE ELSINORE: REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE: Robert E. Magee, Mayor ATTEST: Carol Cowley Interim City Clerk/Agency Secretary APPROVED AS TO FORM: Barbara Leibold City Attorney /Agency General Counsel Thomas Buckley, Chairman EMPLOYEE: Robert A. Brady City Manager /Executive Director City Manager Employment Contract Fourth Amendment 030309 (2) Agenda Item No. 5 2 Page 4 of 4