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2009-27RESOLUTION NO. 2009-27 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Employment Agreement (the "Agreement") between the City Manager and the City of Aventura (the "City") provides for an annual evaluation of the performance of the City Manager in accordance with Section 1.4 of the Agreement; and WHEREAS, the City Commission has conducted an evaluation of the City Manager's performance and finds that the City Manager's performance is excellent; and WHEREAS, the City Commission desires to grant a merit bonus and other benefits to the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Effective June 3, 2009, the City Manager is hereby granted a net bonus of $20,000. Section 2. The Seventh Amendment to Employment Agreement, a copy of which is attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized, in their respective capacities, to execute such Seventh Amendment to Employment Agreement on behalf of the City. Section 3. This Resolution shall take effect immediately upon adoption. The foregoing resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach rtes Commissioner Bob Diamond yes Commissioner Billy Joel rtes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes Resolution No. 2009- z7 Page 2 PASSED AND ADOPTED this 2"d day of June, 2009. USAN GOTTLIEB, MAYOR ATTEST: RESA M. O O , MMC TY CLERK APPROVED AS TO LEGAL SUFFICIENCnY: l/\~iC~ '' "' \ CITY ATTORNEY SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT THIS SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this 2"d day of June, 2009, by and between the City of Aventura (the "City") and Eric M. Soroka, City Manager ("Soroka" or "City Manager"). WHEREAS, on April 19, 1996, the parties entered into the Employment Agreement (the "Agreement") providing the terms and conditions of Soroka's employment as City Manager of City, which Agreement was amended on July 21, 1997, June 4, 2002, June 1, 2004, June 7, 2005, June 6, 2006, and June 3, 2008; and WHEREAS, in accordance with the annual evaluation conducted by the City Commission pursuant to Section 1.4 of the Agreement, the parties desire to further amend the Agreement as provided in this Seventh Amendment to Employment Agreement (the "Seventh Amendment to Agreement"); and NOW, THEREFORE AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND CITY MANAGER AGREE THAT THE AGREEMENT, AS PREVIOUSLY AMENDED, IS HEREBY FURTHER AMENDED, AS FOLLOWS: Section 1. That Section 1.9 "Leave" of the Agreement is hereby amended by adding the following provision: Upon the City Manager's 15th year of service with the City, the accumulated sick leave payout cap shall be 1,000 hours. Section 2. City and City Manager further agree that all other terms and conditions contained in the Amended Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and City Manager have caused this Seventh Amendment to Agreement to be signed and executed, in duplicate, the day and year first above written. City f Aven ura Susan Go ieb, Mayor Approved as to form and ~ legal uffici n~ ~ Clerk City Attorney City Mana w Eric M. Soro a