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FIFTH AMENDED AND RESTATED EMPLOYMENT AGREEMENT <br />CITY OF NEWPORT BEACH CITY ATTORNEY <br />This FIFTH AMENDED AND RESTATED EMPLOYMENT AGREEMENT <br />("Agreement") is made effective as of April 9, 2019 ("Effective Date") and is entered <br />into by and between the CITY OF NEWPORT BEACH, a California municipal <br />corporation and Charter City ("Employer" or "City") and AARON C. HARP <br />("Employee") an individual, (sometimes collectively "the Parties"). <br />RECITALS <br />A. City is a municipal corporation duly organized and validly existing under the <br />laws of the State of California with the power to carry on its business as it is <br />now being conducted under the statutes of the State of California and the <br />Charter of City. <br />B. Employee has been continuously employed by City as City Attorney since <br />September 6, 2011. Employee is currently employed under a Fourth <br />Amended and Restated Employment Agreement dated on or about April 25, <br />2017 ("Employment Agreement"). <br />C. The Parties mutually agree that they intend for this Agreement to supersede <br />all prior Employment Agreements, and that upon execution of this <br />Agreement, any prior Employment Agreements shall have no force or effect. <br />D. The Parties also mutually agree that this form of Agreement reflects the <br />terms and conditions under which the Parties intend and desire to continue <br />Employee's employment, and that there are no other Agreements between <br />them; oral, written or implied. <br />Harp Employment Agreement Page 1 <br />