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FIFTH AMENDED AND RESTATED EMPLOYMENT AGREEMENT <br />CITY OF NEWPORT BEACH CITY CLERK <br />This FIFTH AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement") <br />is made effective as of April 9, 2019 and is entered into by and between the CITY OF <br />NEWPORT BEACH, a California municipal corporation and Charter City ("Employer" or <br />"City") and LEILANI I. BROWN ("Employee"), an individual (sometimes collectively <br />referred to herein as "the Parties"). <br />RECITALS <br />A. City is a municipal corporation duly organized and validly existing under the laws of <br />the State of California with the power to carry on its business as it is now being <br />conducted under the statutes of the State of California and the Charter of the City. <br />B. Employee has been continuously employed by City as City Clerk since November 22, <br />2008. Employee is currently employed under a Fourth Amended and Restated <br />Employment Agreement dated on or about April 25, 2017 ("Employment Agreement"). <br />C. The Parties mutually agree that they intend for this Agreement to supersede all prior <br />Employment Agreements, and that upon execution of this Agreement, any prior <br />Employment Agreement shall have no force 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 />Brown Employment Agreement Page 1 <br />