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CC Resolution No. 9891RESOLUTION NO. 9891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DONALD BROWN REGARDING HOUSING ASSISTANCE BE IT RESOLVED by the City Council of the City of Cupertino that the Mayor and the City Clerk are hereby authorized to execute the Second Amendment to Agreement Between the City of Cupertino and Donald Brown Regarding Housing Assistance attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of July, 1997, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Bumett, Chang, Dean, Sorensen, Bautista None None None ATTEST: APPROVED: y~rT~i~y of ~L~ert'~no - SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DONALD BROWN REGARDING HOUSING ASSISTANCE Paragraph 9 is hereby added to the original agreement dated March 6, 1989 to read as follows: 9. Vacation of the residence by Brown upon retirement. In the event that Brown elects to retire as City Manager and is in otherwise good standing, he shall be allowed to continue to occupy the residence for a period of up to two years from his retirement provided that he continues to pay all costs and assume all responsibilities contained in paragraph 3B of this agreement related to insurance, maintenance, repair, taxes and assessments and provided that he continue to make monthly payments with respect to the existing City loan. All other terms and conditions of the original agreement and amendments thereto shall remain in full force and effect with the exception that Brown will cease receiving credit for the sum of $5,000 per year plus a percentage as described in paragraph 3C(3)(a) of this amendment. This provision will only become effective in the event Brown remains as City Manager at least to the date of January 1 of the year 2000, otherwise the agreement will remain at six months. Dated: Dated: City of Cupertino J~/fi at~t [sta~"l~lay~r- -- Donald Brown I agree and consent to these provisions. Dated: Attest: Cheryl Brown City Clerk APPROVED AS TO FORM