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CITY OF SANTA ANA <br />SECOND AMENDMENT <br />TO THE CITY MANAGER EMPLOYMENT AGREEMENT <br />1. PARTIES AND DATE <br />This Second Amendment to the City Manager Employment Agreement ( "Second <br />Amendment ") is made and entered into as of January 20, 2015 by and between David <br />Cavazos (hereinafter referred to as the "City Manager" or the "Employee ") and the City <br />of Santa Ana (hereinafter referred to as "City "). City and City Manager /Employee are <br />sometimes referred to individually as "Party" and collectively as "Parties" throughout this <br />Second Amendment. <br />2. REcITALs <br />2.1 Agreement and First Amendment On August 5, 2013, City and Employee <br />entered into an employment agreement entitled "City Manager Employment Agreement' <br />(the "Agreement'), setting forth the terms and conditions for City Manager services to be <br />provided by the Employee to the City. On September 2, 2014 City and Employee <br />entered in a First Amendment the Agreement a copy of both the Agreement and First <br />Amendment are attached hereto as Exhibit A to this Second Amendment. <br />2.2 Second Amendment City and Employee now desire to amend the <br />Agreement for the second time in order to update and provide for certain executive level <br />benefits related to a health savings plan and a 401(A) plan. <br />3. TERms <br />3.1 General Benefits. Section 2.2.1 (General Benefits) of the Agreement is <br />hereby amended by Including a new Exhibit A to the Agreement. A copy of which is <br />attached and incorporated herein by reference as Exhibit B to this Second Amendment. <br />3.2 Remaining Provisions. Except as amended by the First Amendment or <br />this Second Amendment, all provisions of the Agreement shall remain in full force and <br />effect and shall govern the actions of City and Employee under this Second <br />Amendment From and after the date of this Second Amendment, whenever the teem <br />Agreement appears in the Agreement, it shall mean the Agreement as amended by <br />this Second Amendment. <br />3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and <br />agree that they have reach received adequate and independent consideration for the <br />performance of the obligations they have undertaken pursuant to this Second <br />Amendment. <br />65D -3 <br />