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3. RESIGNATION AND TERMINATION. <br />(a) Employee may resign at any time with or without cause and agrees <br />to give City at least 60 days advance written notice of the effective <br />date of his resignation. <br />(b) Subject to the provisions of the Charter, City may at any time <br />terminate Employee upon 30 days advance written notice. <br />(c) The parties recognize and affirm that: 1) Employee is an "at will' <br />employee whose employment may be terminated by the City <br />without cause, and 2) there is no express or implied promise made <br />to Employee for any form of continued employment. This <br />Agreement is the sole and exclusive basis for an employment <br />relationship between Employee and City. <br />4. SEVERANCE PAY. <br />If Employee is terminated by the City Council while still willing and able <br />to perform the duties of City Manager, City agrees to pay Employee a cash <br />payment equal to six (6) months salary. At the option of the Employee, <br />the cash payment may be paid in (1) lump sum upon date of termination; <br />or (2) lump sum on January 1 of the calendar year following termination. <br />Such payment will release City from any further obligations under this <br />Agreement. Provided however, if Employee is terminated because of <br />conviction of any criminal offense, then City shall have no obligation to <br />continue the employment of Employee or to pay the severance set forth in <br />this paragraph. <br />5. SALARY. <br />(a) For calendar year 2000, City agrees to pay Employee $11,300 in <br />salary per month for his services, payable in installments at the <br />same time and manner as for other employees of the City. Salary <br />payments shall be subject to customary withholding for taxes and <br />applicable benefit contributions. <br />(b) For calendar year 2001, and following a favorable performance <br />evaluation based upon the attached performance indicators <br />(Exhibit A hereof) City agrees to pay Employee $11,750 in salary <br />per month. <br />(c) Subject to an annual evaluation of performance prior to the end of <br />each calendar year of this Agreement and based upon <br />extraordinary performance of Council approved performance <br />indicators (Exhibit A hereof), City may pay Employee a bonus of <br />up to 10% of annual salary. <br />