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2005-025 RESOLUTION NO. 2005-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING FOURTH 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 7, 2005, the City Manager is hereby granted a bonus of $15,000. Section 2. The Fourth 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 Fourth 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 Diamond, who moved its adoption. The motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond yes Commissioner Harry Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Zev Auerbach yes Mayor Susan Gottlieb yes Resolution No. 2005-25 Page 2 PASSED AND ADOPTED this 7th day of June, 2005. FORTH AMENDMENT TO EMPLOYMENT AGREEMENT THIS FORTH AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this 7th day of June, 2005, 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; and June 1,2004. 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 Fourth Amendment to Employment Agreement (the "Third 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 1.5 "Retirement Benefits" of the Agreement, is hereby amended by increasing the annual contribution into the ICMA Plan by 1%. Section 2. That Section 1.7 "Transportation Allowance" of the Agreement, is hereby amended by increasing the monthly transportation allowance by $100 per month. Section 3. 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 Fourth Amendment to Agreement to be signed and executed, in duplicate, the day and year first above written. City Manager City of Aventura Eric M. Soroka Susan Gottlieb, Mayor Attest: Approved as to form and legal sufficiency: Teresa M. Soroka, CMC, City Clerk City Attorney