14. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. This Agreement shall not be assigned by a party hereto without the express prior written consent of the other party hereto, which consent may be withheld in the sole and absolute discretion of the other party.
15. Amendments. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.
16. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement on the Effective Date set forth above.
CITY:
CITY OF TULARE,
a California Charter City
By: _________________________________
Marc Mondell, City Manager
SUBDIVIDER:
SJV Horizontal, LLC
a Delaware limited liability company,
By: SJV Homes, LLC, a Delaware limited
Liability company, its Member
By: _________________________________
Joseph A. Leal, Authorized Representative
APPROVED AS TO FORM:
By: _________________________________
__________________ City Attorney
ATTEST:
By: _________________________________
_______________, Chief Deputy Clerk and Clerk of the Council Of The City of Tulare
Draft: 2025-09-23
Subdivider Revisions
8 EXHIBIT “A”
Legal Description of Subdivision
Lot 12 in Del Lago Northeast Subdivision, recorded in Volume 41 of Maps, at Page 13 of Tulare County Records, located in Section 36, Township 19 South, Range 24 East, Mount Diablo Base and Meridian, in the City of Tulare, County of Tulare, State of California, excepting therefrom all that portion as conveyed to the State of California and particularly described in grant deed recorded April 7, 2009 as Document No. 2009-0020358 of Official Records.
Also excepting that portion as conveyed to Charter City of Tulare, a California Municipal Corporation and particularly described in grant deed recorded April 10, 2020 as Document No. 2020-0021095 of Official Records.
Draft: 2025-09-23
Subdivider Revisions
9 EXHIBIT “B”
Identification of Subdivision Street Improvements
Those street improvements identified on the improvement plans for the Cartmill-Mooney (a.k.a., Sorrento) Subdivision approved on April 2, 2025, with the exception of street improvements located within the State right-of-way of State Route 63 (Mooney Boulevard).
Draft: 2025-09-23
Subdivider Revisions
10 EXHIBIT “C”
Cost Estimate of City Street Improvements
and Developer Fee
Draft: 2025-09-23
Subdivider Revisions
11 Draft: 2025-09-23
Subdivider Revisions
12 EXHIBIT “D”
Estimate of City’s Pro-Rata
Share of CalTrans Encroachment Fee
To Be Determined Prior to Execution of Agreement
Staff Report
Meeting: City Council
Date: October 7, 2025
Department: City Attorney
Submitted by: Mario Zamora, City Attorney
Agenda Title: City Manager Employment Agreement Amendment
RECOMMENDED ACTION
Approve the Fourth Amendment to the Employment Agreement with City Manager Marc Mondell.
SUMMARY
The City of Tulare entered into an Employment Agreement with Marc Mondell for the position of City Manager on September 27, 2022. This Fourth Amendment to the Agreement reflects the City's ongoing commitment to retaining highly qualified personnel and ensuring competitive compensation and benefits.
Summary of Amendment
The Fourth Amendment modifies and adds certain provisions to the Employment Agreement, effective October 7, 2025. Key changes include:
• Term: The term of the agreement is extended through September 27, 2027. • Base Salary Increase: Provides a 5% increase to the City Manager's annual base salary, raising it to $254,699.28 annually.
• Benefit Increase: Increases the deferred compensation amount to $20,000.00 annually. • City Council’s Handbook of Rules and Procedures: Reaffirms the role and responsibilities of the City Manager and City Council’s interactions with the City Manager.
This Amendment recognizes the City Manager's performance and contributions to the City. It also ensures that the City Manager’s compensation and benefits remain competitive with those offered to similar positions in comparable municipalities and support the City Manager's professional development, well-being, and ability to effectively perform his duties.
FISCAL IMPACT & FUNDING SOURCES
The total cost of this package is $32,128.52.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
LEGAL REVIEW
This has been reviewed by the City Attorney.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
Item #: 12.4
General Business
ATTACHMENTS
1. Fourth Amendment to Employment Agreement
Reviewed/Approved: TG
FOURTH AMENDMENT TO THE
CITY OF TULARE
CITY MANAGER’S
EMPLOYMENT AGREEMENT
This Fourth Amendment to the City of Tulare City Manager’s Employment Agreement (“Amendment”) is made on the 7th day of October, 2025, by and between the CITY OF TULARE, a municipal corporation (“City”), and MARC MONDELL (“Employee”), with respect to that Employment Agreement (“Agreement”) attached hereto as Exhibit 1, and effective on this same date.
For valuable consideration, the receipt of which is hereby acknowledged, the Parties agree to the terms as stated below.
1. The following terms as stated in the Agreement shall be amended as follows:
Section 2: Term of Agreement
The Agreement shall continue through September 27, 2027, or until terminated as set forth in the Agreement.
Section 4: Compensation
The City Manager’s annual base salary shall increase by five percent (5.0%), resulting in a new salary of two hundred fifty-four thousand, six hundred ninety-nine dollars and thirty cents ($254,699.28), which equates to twenty-one thousand, two hundred twenty-four dollars and ninety-four cents ($21,224.94) per month, paid and earned on the City’s normal pay schedule.
Section 5: Benefits and Allowances
5.G. Deferred Compensation: The City Manager’s annual deferred compensation contribution shall be twenty-thousand dollars ($20,000.00) annually paid and earned on the City’s normal pay schedule.
2. The following shall be added to the Agreement:
Section 13: Miscellaneous Provisions
13.K. City Council’s Handbook of Rules and Procedures: The Agreement recognizes the authority granted to the City Manager in the City Council’s Handbook of Rules and Procedures.
A. The City of Tulare
The City of Tulare is a charter city which operates under a City Council-City manager form of government. Under this form of government, the elected City Council sets the policies for the operation of the Tulare City Government as well as the City. These policies are implemented by staff. The administrative responsibility to carry out the policies set by the City Council rests with the city manager who is appointed by the City Council.
B. Interference in Staff Functions
The City Council shall deal with the administrative services of the City only through the city manager, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the city manager. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the city manager.
Except as set forth in this Addendum, all other terms and conditions of the Agreement shall remain in full force and effect.
Changes in compensation shall be effective the first full pay period following ratification of this agreement by all parties.
Dated: __________________ CITY OF TULARE
By: _________________________
Patrick Isherwood
Mayor
Dated: __________________ EMPLOYEE
By: _________________________
Marc Mondell
ATTEST:
By: _________________________
City Clerk