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1 A t <br />CITY OF SANTA ANA <br />AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT <br />This Amended and Restated City Manager Employment Agreement ( "Agreement ") <br />is entered into as of the 2nd day of February, 2016 (the "Effective Date "), between the City of <br />Santa Ana (hereinafter referred to as the "City") and David Cavazos (hereinafter referred to as the <br />"City Manager" or the "Employee "). City and City Manager /Employee are sometimes referred to <br />in this Agreement as "Party" and collectively as "Parties." <br />RECITALS <br />WHEREAS, on October 21, 2013, the City Council appointed Employee as City <br />Manager pursuant to the its authority under the Charter of the City of Santa Ana ( "City Charter "), <br />WHEREAS, the City and Employee entered into an Employment Agreement <br />effective October 21, 2013 wherein Employee would be employed as City Manager for the City <br />of Santa Ana, <br />WHEREAS, the City and Employee entered into a First Amendment of the <br />Agreement on or about September 2, 2014, whereby the parties agreed to revise the term to extend <br />the Agreement for an additional year and to revise the terms of the "Housing Allowance." <br />WHEREAS, the City and Employee entered into a Second Amendment of the <br />Agreement on or about January 20, 2015, whereby the parties agreed to provide certain executive <br />level benefits related to a health savings plan and a 401(A) plan. <br />WHEREAS, it is the desire of the City Council and Employee to amend the <br />employment Agreement to add Compensation for Sick leave at varying rates over time or <br />Conversion to Retirement Credit; extend the term of the Agreement from October 21, 2017 to <br />February 16, 2019; and to add a provision to the Agreement that Employee's estate is entitled to <br />accrued salary and benefits, but not severance if the Employee dies during the term of this <br />Agreement. The parties further agree to combine the previous three amendments and restate the <br />entire agreement into an Amended and Restated Agreement. <br />as follows: <br />NOW, THEREFORE, the above named Parties hereby mutually agree and promise <br />1. Term /Automatic Annual Renewal. <br />This Agreement shall be deemed effective for a five (5) year and four (4) month <br />term beginning on October 21, 2013 and terminating on February 16, 2019, unless terminated <br />earlier in accordance with Section 9 hereof. This initial term will, pursuant to the provisions below, <br />automatically extend from year to year unless City Council takes action to prevent the automatic <br />extension. In the event the City Council does not want this Agreement to automatically extend, it <br />Exhibit 3 <br />5 53<J -V W0 018 1 704 24.6 <br />