HomeMy WebLinkAboutAgr 2005-11-16 (McIntyre)
FIFTH AMENDMENT TO TOWN MANAGER'S
EMPLOYMENT AGREEMENT
This AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT
AGREEMENT ("Amendment") is effective as of November, 162005, by and between The Town
of Tiburon ("Town") and Alexander D. McIntyre ("Employee").
RECITALS
A. The Town employs Employee as its Town Manager, pursuant to an Employment
Agreement dated September 25, 2000, as amended on November 7, 2001,
September 1,2002, September 25,2003 and November 3,2004 ("Manager's Agreement").
B. The Town Council has conducted its fourth performance evaluation 0 f Employee ass et
forth in the Manager's Agreement and is well satisfied with Employee's Performance. The
Council finds that the Employee has demonstrated management and leadership skills that
compare favorably to persons holding similar positions in similar agencies.
C. The Town's policy is to offer compensation packages that are competitive with similar
employers for similar positions so as to maintain the highest quality staff to serve the public.
The Town has amended the Manager's Agreement on several occasions to further this goal.
To continue to maintain a competitive compensation package for Employee so as to retain
Employee as Town Manager, the Council has decided to further modify the Manager's
Agreement and compensation as set forth in this Amendment and Employee has agreed to
such modification.
D. The Town's initial agreement with the Manager included a Mortgage Allowance, in the
form of a loan secured by the Manager's residence. The Manager recently sold that
residence and paid off the original loan. Accordingly, this Amendment provides for a new
Mortgage Allowance to replace the original one.
NOW, THEREFORE, IN CONSIDERATION OF THE 'ABOVE RECITALS AND
OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS
AGREED AS FOLLOWS:
1. Base Salary. Section 4.1 of the Manager's Agreement shall be amended as follows:
4.1 Base Salary. Employee shall receive a base salary of One
Hundred Fifty One Thousand, Three Hundred and Eighty-one
Dollars ($151,381) per year. Consistent with the Town's practice,
this salary shall be retroactive to September 25, 2005, the
anniversary of his hire date.
Manager's Empl Ag, 11-16--05 Amend.
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2. Morteaee Allowance. Section 4.5 of the Manager's Agreement is amended as follows:
The Town shall provide a first mortgage secured by a deed of trust in
no less than a second first on Employee's primary residence in the
amount of $650,000.00 payable monthly on an interest only basis.
The rate will be the same as the LAIF rate and will be adjusted
accordingly each year on the anniversary date of the loan. Employee
will be required to maintain equity of 20% or greater in the property
securing the first and second mortgages throughout t he life 0 f t he
loan. Monthly payments will be made through an automatic paYroll
deduction. The loan shall be fully due and payable when ( 1) the
property for which the loan is made is no longer Employee's primary
residence, or (2) within six months of Employee's termination as
Town Manager whether the action voluntary or otherwise.
3. Manaeer's Aereement Otherwise Unchaneed. Except as expressly modified by this
Amendment, and the previous amendments described herein, the Manager's Agreement
between the Town and Employee shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment to the Manager's Agreement shall be
effective as of the day and year written above.
Dated: ~ \It l ?f;t:>S
THE TOWN OF TIBURON:
EMPLOYEE:
B
Miles e er
Mayor, Town of Tiburon
Alexander D. McIntYre
Town Manager, Town of
APPROVED AS TO FORM
.<_..~ ~ --------.
..,~ ~~
Ann R. Danforth
Town Attorney
Manager's Empl Ag, 11-16--05 Amend.
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