First Amendment to Employment Agreement between AvalonBay Communities, Inc. and Bryce Blair

Summary

This amendment updates the Employment Agreement between AvalonBay Communities, Inc. and Bryce Blair. It revises certain sections to clarify that the company will continue to pay premiums on the whole-life portion of a split-dollar insurance policy for the executive, as specified in a separate Split Dollar Agreement. All other terms of the original Employment Agreement remain unchanged. The amendment is effective as of March 31, 2005.

EX-10.3 4 w08520exv10w3.htm EXHIBIT 10.3 exv10w3  

Exhibit 10.3

FIRST AMENDMENT
TO
EMPLOYMENT AGREEMENT

The Employment Agreement made as of the 10th day of January, 2003 by and between AvalonBay
Communities, Inc., a Maryland corporation (the “Company”), and Bryce Blair (“Executive”) is hereby amended as follows:

Section 7(c)(iii)(B) of the Employment Agreement is hereby amended by deleting said subsection in its entirety and substituting thereof the following:

     “(B) Continue to pay the premiums then due or thereafter payable on the whole-life portion of the split-dollar insurance policy referenced under Section 3(d) in accordance with, and to the extent required by, the provisions of the Split Dollar Agreement between the Company and Executive; and”

Section 7(c)(iv)(E) of the Employment Agreement is hereby amended by deleting said subsection in its entirety and substituting the following in lieu thereof:

     “(E) Continue to pay the premiums then due or thereafter payable on the whole-life portion of the split-dollar insurance policy referenced under Section 3(d) in accordance with, and to the extent required by, the provisions of the Split Dollar Agreement between the Company and Executive.”

Section 7(c)(v) of the Employment Agreement is hereby amended by deleting subsection (B) thereof in its entirety and substituting the following in lieu thereof:

     “(B) Continue to pay the premiums then due or thereafter payable on the whole-life portion of the split-dollar insurance policy referenced under Section 3(d) in accordance with, and to the extent required by, the provisions of the Split Dollar Agreement between the Company and Executive; and”

Except as amended herein, the Employment Agreement is hereby confirmed in all other respects.

IN WITNESS WHEREOF, this Amendment is entered into this 31st day of March, 2005.

         
  AVALONBAY COMMUNITIES, INC.
 
 
  By:   /s/ Charlene Rothkopf    
    Charlene Rothkopf, EVP – Human Resources   
       
 
     
    /s/ Edward M. Schulman    
    Edward M. Schulman,   
    SVP, General Counsel & Secretary   
 
     
  /s/ Bryce Blair    
  Executive