1726100.1
THIRD AMENDMENT TO CITY OF DIAMOND BAR
CITY MANAGER EMPLOYMENT AGREEMENT
This Third Amendment to Employment Agreement ("Third Amendment") is made and entered into as of this 18
th day of October, 2022, by and between the CITY OF DIAMOND BAR, a general law city and municipal corporation (hereinafter "City"), and DANIEL H. FOX, JR. (hereinafter "Employee"), both of whom agree as follows:
R E C I T A L S
A. City and Employee entered into that certain City Manager Employment Agreement dated June 6, 2017 (the “Original Agreement”).
B. City and Employee entered into that certain First Amendment to Employment Agreement dated September 17, 2019 (“First Amendment”).
C. City and Employee entered into that certain Second Amendment to Employment Agreement dated October, 4, 2021 (“Second Amendment”).
D. The Employment Agreement, First Amendment, and Second Amendment are collectively referred to herein as the “Employment Agreement.” E. The City and Employee desire to amend and modify certain provisions in the Employment Agreement as provided in this Third Amendment.
NOW, THEREFORE, the parties agree to amend the Employment Agreement as follows:
1. Deferred Compensation. The following is added to Section 7.D of Employment Agreement:
“In addition to the foregoing contribution, the City shall contribute the additional amount of $4,734 to the City’s 457 Deferred Compensation Plan on behalf of Employee for the 2022-23 Fiscal Year only.”
2, Integration. This Third Amendment integrates all of the terms and conditions mentioned herein and supersede all negotiations with respect hereto. This Third Amendment amends, as set forth herein, the Employment Agreement and except as specifically amended hereby, the Employment Agreement shall remain in full force and effect. To the extent that there 1726100.1
is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Employment Agreement, the terms and provisions of this Third Amendment shall control.
IN WITNESS WHEREOF the parties have executed this Third Amendment as of the day and year first above written.
EMPLOYEE DANIEL H. FOX, JR.
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CITY MANAGER
CITY OF DIAMOND BAR RUTH M. LOW
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MAYOR
ATTEST:
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KRISTINA SANTANA, CITY CLERK
APPROVED AS TO FORM:
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DAVID DEBERRY, CITY ATTORNEY