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FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT <br />CITY OF NEWPORT BEACH FIRE CHIEF <br />This FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement") <br />is made effective as of April 9, 2019 ("Effective Date") and is entered into by and between <br />the CITY OF NEWPORT BEACH, a California municipal corporation and Charter City <br />("Employer" or "City") and CHARLES "CHIP" DUNCAN ("Employee"), an individual <br />(sometimes collectively referred to herein as "the Parties"). <br />RECITALS <br />A. City is a municipal corporation duly organized and validly existing under the laws <br />of the State of California with the power to carry on its business under the statutes <br />of the State of California and the City Charter. <br />B. Employee has been continuously employed by City as Fire Chief pursuant to an <br />Employment Agreement dated July 25, 2017 ("Employment Agreement"). <br />C. The Parties mutually agree that they intend for this G.First Amended and Restated <br />Employment Agreement to supersede the Employment Agreement. Upon <br />execution of this Agreement, any prior Employment Agreement shall have no force <br />or effect. <br />D. The Parties also mutually agree that this form of Agreement reflects the terms and <br />conditions under which the Parties intend and desire to continue Employee's <br />employment and that there are no other agreements between them oral, written or <br />implied. <br />E. Employee is willing to accept such employment on the terms and conditions set <br />forth in this Agreement. <br />Duncan Employment Agreement Page 1 <br />