Loading...
Resolution No. 7213r I$ 1 2 3 4 5 6 7 8 9. 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. ONE TO THE CONFIDENTIAL AGREEMENT FOR REAL ESTATE CONSULTING AND REPRESENTATION SERVICES BY AND AMONG THE CITY OF VERNON, THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AND MCKINNEY TRAVERS • ONCOR INTERNATIONAL WHEREAS, Resolution No. 7000 was adopted by the City Council on August 5, 1997, approving and authorizing the execution of a Confidential Agreement for Real Estate Consulting and Representation Services ("Agreement") by and among the City of Vernon ("Vernon"), the Redevelopment Agency Board of Directors ("Agency") and McKinney Travers • ONCOR International ("Consultant"); and WHEREAS, the Agreement provides for an expiration date of August 5, 1998; and WHEREAS, Vernon and Consultant desire to extend the term of the Agreement through and including December 31, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Amendment No. One to the Confidential Agreement for Real Estate Consulting and Representation Services, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Amendment to be received and filed by the City Clerk. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Amendment for, and on behalf of, the City of Vernon. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 8th day of September, 1998. EONIS C. MALBUkRG, Mayo ATTEST• BRUCE V. MALKENHORST, City Clerk -2- ' 4 s 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 7213, was duly adopted by the City Council of the 6 City of Vernon at an adjourned regular meeting of the City Council 7 duly held on Tuesday, September 8, 1998, and thereafter was duly 8 signed by the Mayor of the City of Vernon. '2-' 10 BRUCE V. MALKENHORST, City Clerk 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- SUPPORTING DOCUMENTS 4.9 q ' 0.1 q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2! 2E 2' 21 AMENDMENT NO. ONE TO THE CONFIDENTIAL AGREEMENT FOR REAL ESTATE CONSULTING AND REPRESENTATION SERVICES THIS AMENDMENT NO. ONE is made and entered into and executed in triplicate originals, either copy of which may be considered and used as the original hereof for all purposes this day of , 1998 BY AND AMONG AND THE CITY OF VERNON, hereinafter referred to as "Vernon," 4305 Santa Fe Avenue Vernon, California, 90058 THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, hereinafter referred to as "Agency," 4305 Santa Fe Avenue Vernon, California, 90058 MCKINNEY TRAVERS • ONCOR INTERNATIONAL, hereinafter referred to as "Consultant," 2833 Leonis Blvd., Suite 311 Vernon, California 90058 RECITALS WHEREAS, CITY, AGENCY and CONSULTANT entered into a Confidential Agreement for Real Estate Consulting and Representation Services Agreement on August 5, 1997, which provided for expiration on August 5, 1998; and WHEREAS, CITY, AGENCY and CONSULTANT desire to extend said Agreement through and including December 31, 1998. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE 'MLTTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1: The first paragraph of Section 2 of said Agreement is amended as follows: "The term of this agreement shall be from August 5, 1997 through and including December 31, 1998, subject to Vernon and Agency's right to terminate the services provided for herein on thirty (30) days" written notice." SECTION 2: In all other respects the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One to be executed on the month, day and year first written above. REDEVELOPMENT AGENCY OF THE CITY OF VERNON BY: LEONIS C. MALBURG, Chairman ATTEST: BY: BRUCE V. MALKENHORST, Secretary APPROVED AS TO FORM: BY: DAVID B. BREARLEY, Legal Counsel -2- CITY OF VERNON BY: LEONIS C. MALBURG, Mayor ATTEST: BY: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: BY: mv;� . v DAVID B. BREARLEY, City ttorney MCKINNEY TRAVERS • ONCOR WTL7 AL . BY. y2=7=, Name: �/Ti �l� 7, Title: SPA✓/dam .�iE'd%��'/Q -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT NO. ONE TO THE CONFIDENTIAL AGREEMENT FOR REAL ESTATE CONSULTING AND REPRESENTATION SERVICES THIS AMENDMENT NO. ONE is made and entered into and executed in triplicate originals, either copy of which may be .considered and used as the original hereof for all purposes this L4 day of , 1998 BY AND AMONG THE CITY OF VERNON, hereinafter referred to as "Vernon," 4305 Santa Fe Avenue Vernon, California, 90058 AND THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, hereinafter referred to as "Agency," 4305 Santa Fe Avenue Vernon, California, 90058 AND MCKINNEY TRAVERS • ONCOR INTERNATIONAL, hereinafter referred to as "Consultant," 2833 Leonis Blvd., Suite 311 Vernon, California 90058 RECITALS WHEREAS, CITY, AGENCY and CONSULTANT entered into a Confidential Agreement for Real Estate Consulting and Representation Services Agreement on August 5, 1997, which provided for expiration on August 5, 1998; and WHEREAS, CITY, AGENCY and CONSULTANT desire to extend said Agreement through and including December 31, 1998. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS FOLLOWS: 1 2 [tl 4 5 6 7 8 9 10 11 12i 13 141 15 16 17 18 19 20 21 22 23 241 25 26 27 28 SECTION 1: The first paragraph of Section 2 of said Agreement is amended as follows: "The term of this agreement shall be from August 5, 1997 through and including December 31, 1998, subject to Vernon and Agency's right to terminate the services provided for herein on thirty (30) days' written notice." SECTION 2: In all other respects the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One to be executed on the month, day and year first written above. REDEVELOPMENT AGENCY OF THE CITY OF VERNON BY: ONIS C. MAL G, Ch irman ATTEST: BY: /�- BRUCE V. MALKENHORST, Secretary APPROVED AS TO FORM: BY: �c � C DAVID B. BREARLEY, Legal Counsel -2- 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF VERNON BY: E- NIS C. MALBUR , Mayor ATTEST BY: BRUCE V: MALKENHORST, City Clerk APPROVED AS TO FORM: BY: DAVID B. BREARL Y, City torney MCKINNEY TRAVERS • ONCOR INTERNATIONAA'L BY :11A Name:i/i/rl���/,+ Title:-5016A AO0J(-e- -3- 07/09/03 15:39 '013235899375 CITY OF VERNON U 001/005 MrcKinnay . T,rarvers l%'lllllllllll�lllllllll/lll WarldWde Rea! EoMM Services 2833. Leonis Boulevard Suite 311 vernon, CA 90058 Ph. ' 323.589.1800 Fmc 323.589.9375 FACSIMILE TRANSMITTAL COVER SHEET" To be transmitted to FAX number: . (323) 826-1438 Date: July 9, 20 Time:. To: r. Bruce Malkenhorst From: 'Philip T. Attalla Company: f Verno _ Number of Pages' 5 (including this page) Re: 3170 East Washington Boulevard; rnon, California el� Dear Mr. Malkenhorst: Attached please find a DRAFT Letter of Intent to Purchase the above referenced property which is Toeing occupied by Cleveland Wrecking, Inc. With your. permission and,the City Attorneys review and approval, McKinney Travers would like to begin the process of acquisition. Please contact me with any questions. Sincerely, Philip T. Attalla Attachment cc: Mr. Eddie Qlivo — (562) 86971883 Mr. Chris Romero — (323) 826-1438. Fpmrffa)6709031mp Offices In 180 CMOs • unlrea States. Ausino; Belgium, Conodo, Czech Republic, Denmarle, Fronce, Germany, Hang Kong; Japan, The Netherlands. Sweden. United Kingdom 07/09/03 15:39 '&13235899375 4-+4 CITY OF VERNON 2 002/005 ,July S, 2003 Ms. Dione R. Fenning 405 Homewood Road Los Angeles, CA 90049-2713 1V�cKinr�ey .Tr�veN'� :. l %lllllllllllF1111lllllllllll " Worldwide Read Estar2 5eo1wLEs 2833 WON$ Boulevard Suite 311 Vernon, FT CA 90058 LJR A Ph. 323.589.1800 Fox 323.589.9375 Re: Letter of Intent to Sell the real property comprised of building improvements located on approximately 73,000 square feet of land, which is commonly known as: 3170 E. Washington Boulevard, Vernon, CA 9o023.:, See Exhibit "A". Please note, a portion of th'e subject property is located in the City of Vernon and a portion is located in the City. of Los Angeles. Dear Ms. Fenning: McKinney Travers Realty Corporation is pleased to present you with the following Letter of Intent to Sell the above -referenced property. This Letter of Intent is by and between The Redevelopment Agency -of the City of Vernon ("Agency' or "Buyer") and Dione R. Fenning ("Seller"), and summarizes the basic terms and conditions under which Ms. Fenning would. be interested in -entering into a Sale Agreement for the property. [. Purchase Price: $1.150,000.00, all cash to Seller (subject to I_R.S. Section 1033 - Tax Deferred Exchange), at the close of escrow. The purchase price constitutes all, consideration due from Agency to Seller for the subject property and any relocation assistance Seller may be entitled to under state or federal law. 2. Deposit: Five percent '(5%) of the purchase price shall be delivered to escrow upon execution of the Purchase Agreement. The deposit shall be placed into an interest bearing account and all interest shall accrue to Buyer. 3. Cash Balance due uponClosing: On or before the closing date (defined below), Buyer shall deliver the balance of 'the purchase price, in cash, into escrow. ntflres in 180 Cities • United States. Au4da Selglurn, Canada, Czech Republic. Denmark, France, Germany, Hong Kong. Japan. The Netherlands, Sweden, united Knodom 07/09/03 15:40 '013235899375 CITY OF VERNON 2 003/005 Ms. Dionne R. Fenning July 8, 2003 Page 2 ; 4. Inspection Period: Thirty (ao) days from execution of the Purchase Agreement (the "Inspection Period") Buyer shall inspect the property, all title matters, all information and documents in Seller's possession, including without limitation, all financial information relating to the property and all other matters relating to the property; provided, however, Buyer shall have no less than fourteen (14) days after Buyer's receipt of any information in Seller's possession to review and disapprove of the same. Upon mutual execution of this Letter of Intent, Seller shall deliver or make accessible'to Buyer all property information, including, without limitation, past and current rent rolls and operating statements; a preliminary title report for the property to be issued by North American Title Company, and any end-all reports, including environmental 'assessments, and plans relating to the property. 5. Condition of the Property upon :Delivery to Buyer: Seller shall deliver the property to Buyer at the close of escrow in an "As Is" condition except, Seller will remove one underground fuel tank that exists at' the site. Further, the property shall be free and clear of all -other hazardous and/or toxic materials and waste (as those terms are defined and used in applicable federal and state environmental laws), exceptes specifically agreed to by Buyer in writing on such terms and conditions that Buyer, in its sole discretion, may approve. In addition, Seller shall obtain appropriate closure confirmation documents from the applicable local, regional or state governmental agency with respect to clean up or removal of underground tanks, hazardous materials or toxic materials from the property. Lastly, Seller will agree to demolish all -building(s) above ground, but the timing of such demolition will be determined by the Seller's Leaseback (see Paragraph 10). Should Seller leaseback site and wishes to use existing building(s), demolition will occur after the leaseback period, and Seller will instruct Escrowholder to retain $50,000 deposit to ensure demolition is completed after leaseback period. 6. indemnification: Seller shall remain responsible for any contamination of the -property due to hazardous substances caused or created prior to the close of escrow, and shall indemnify, defend and hold Agency harmless from any and all liability related to such contamination. A=fla/DFcn=91,np 07/09/03 15:40 V13235899375 CITY OF VERNON 191004/005 Ms. Dionne R. Fanning July 8, 2003 Page 3 7. Closing Date: Sixty (60) days after execution of the Purchase Agreement. g. Title and Escrow: North American Title Company shall underwrite title and Commerce Escrow Company shall be the escrow company. g, Fee and Costs: Seller shall pay (a) the costs for the standard title insurance policy, and commercially reasonable endorsements; (b) all transfer taxes, if any; (c) any title exam fees, and (d) one-half (1/2) of the escrow fees. Buyer shall pay (a) the additional costs for an ALTA policy requested by Buyer; (b) one-half (1/2) of the escrow fees; and (c) the recording fees for the grant deed. 10. Seller Leaseback: Seller. may consider leasing and subsequently subleasing the subject property from Agency at the following summarized terms and canditions: Leaseback Premises: Entire property, including existing building(s). Leaseback Term: Close of Escrow through September 30, 2004. Should the parties agree, leaseback term may be extended for thirty (30).day intervals. Leaseback Rate: $1.00 (one dollar) per month, on a Modified Net basis. Agency shall pay property taxes, but. Seller/Lessee shall pay property insurance, property maintenance and any warehousing parcel tax. All other terms and conditions of the Leaseback Agreement shall be agreed upon in escrow. 11. Broker Fees: Seller shall pay broker; McKnney Travers Realty Corporation, a real estate brokerage fee equal to six percent (60/6) of the purchase price, which shall be paid at the close of escrow out of the sale proceeds. AVa11&DFannin9/-P 07/09/03 15:41 %213235899375 444 CITY OF VERNON 2 005/005 Ms.. Dionne R: Fenning July 8, 2003.. Page 4 12. Purchase Agreement: Within ten (10) business days after execution of this Letter of Intent, Agency shall deliver to Seiler a formal Purchase Agreement for its review and approval. This Letter of Intent is non -binding and merely delineates the proposed terms and conditions of the transaction contemplated. -by the parties. if the terms and conditions herein are acceptable, please deliver a signed copy to my office on or before 5:00 p.m_, Los Angeles time, on Thursday, July 17, 2003. Please call if you have any questions. Sincerely, McKinney Travers • ONCOR Internatiich.al Philip T. Attalla John J. Whalen Senior Associate Senior V.P. & Managing Director PTA/JJW/ly Reviewed and Approved Proposed Seiler: Dione R. Fenning Owner Jul 2003. By: Title Dione R. Fenning Accepted and Agreed Proposed Buyer: The Redevelopment Agency of the City of Vernon Executive Director : Jail 2003 By: Title Date Bruce Malkenhorst 0.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT NO. ONE ,TO THE CONFIDENTIAL AGREEMENT FOR REAL ESTATE CONSULTING.AND REPRESENTATION SERVICES THIS AMENDMENT NO. ONE is made and entered into and executed in triplicate originals, either copy of which may be considered and used as the original hereof for all purposes this day of , 1998 BY AND AMONG THE CITY OF VERNON, hereinafter referred to as "Vernon," 4305 Santa Fe Avenue Vernon, California, 90058 AND THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, hereinafter referred to as "Agency," 4305 Santa Fe Avenue Vernon, California, 90058 AND MCKINNEY TRAVERS • ONCOR INTERNATIONAL, hereinafter referred to as "Consultant," 2833 Leonis Blvd., Suite 311 Vernon, California 90058 RECITALS WHEREAS, CITY, AGENCY and CONSULTANT entered into a Confidential Agreement for Real Estate Consulting and Representation Services Agreement on August 5, 1997, which provided for expiration on August 5, 1998; and WHEREAS, CITY, AGENCY and CONSULTANT desire to extend said Agreement through and including December 31, 1998. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE -MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E SECTION 1: The first paragraph of Section 2 of said Agreement is amended as follows: "The term of this agreement shall be from August 5, 1997 through and including December 31, 1998, subject to Vernon and Agency's right to terminate the services provided for herein on thirty (30) days' written notice." SECTION 2: In all other respects the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One to be executed on the month, day and year first written above. REDEVELOPMENT AGENCY OF THE CITY OF VERNON BY: LEONIS C. MALBURG, Chairman ATTEST: BY: BRUCE V. MALKENHORST, Secretary APPROVED AS TO FORM: BY: DAVID B. BREARLEY, Legal Counsel -2- 1 2 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF VERNON BY: LEONIS C. MALBURG, Mayor ATTEST: BY: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: BY: V DAVID B. BREARLEY, City ttorney MCKINNEY TRAVERS ONCOR INTERN T ONAL T BY: Name : A, �I� Title: SPA✓/ ,��el�%'Gie -3- CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST CITY HALL City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 FAX: (213) 581-7924 TELEPHONE (213) 583-8811 September 22, 1998 McKinney Travers • Oncor International 2833 Leonis Blvd., Suite 311 Vernon, CA 90058 Attn: Mr. Philip T. Attalla DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Re: Amendment No. One to the Confidential Agreement for Real Estate Consulting and Representation Services Dear Mr. Attalla: Enclosed herewith is a duplicate original of the above referenced Agreement, which was approved by the City Council of the City of Vernon on September 8, 1998 by Resolution No. 7213. An original has been retained by this office and the by the Redevelopment Agency. If you have any questions, please give this office a call. Ver truly yours, i�a"J. o cow Chief Dep y City Clerk GJO:rcw 08/05/98 10:10 FAX 213 589 9375 MCKINNEY & CO. —) CITY OF VERNON Q 007/007 August 5, 1998 Ms. Gloria Orasco Chief Deputy City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 McKinney Travers Worldwide Rea! Fatwte Services 2833 Leonis Boulevard Suite 311 Vemon, CA 90058 Ph. 323.589,1800 Fax 323.589,9375 Re: Agreement for consulting services by and between The City of Vernon, The Redevelopment Agency of the City of Vernon and McKinney Travers • ONCOR International Dear Gloria: , The above -referenced consulting agreement expires on or about August 20, 1998. McKinney Travers would like to request an extension of the contract until December 31, 1999. This date corresponds with the projected close of escrow for the Redevelopment Agency's acquisition of the AKZO-Nobel property (along with its surrounding sites), which must occur after all environmental remediation has been completed. If there are any questions, please contact either one of us at (323) 589-1800. Sincerely, McKinney Travers • ONCOR International The Industrial Division of Travers Realty Corporation Ted Attalla Jack Whalen Senior Broker ' Senior Broker TA/JWlly cc: Bruce Malkenhorst, City Administrator, City of Vernon Damian' McKinney, McKinney Travers • ONCOR International rAdnCAntalorosco �Q Tr avers Realty VllllllllllllllllllllllllllllllIII • FACSIMILE �$MtTT, LA SHEET Wo�YgWvl� Rea! Utate 5�rvlr�s I TOTAL NUMBER OF PAGr=s 550 South'Hope'Street INCI.UDiNG FAX COVER PAGE Suite 26WLos Angeles, CA 90071 Ph. 213-683.1500 Fax 213, 955.9850 4 '� - Industrial Real E_ �. st ire a2833 Laonis Boulovara, Suite 311 • V9rnon. Callforrnia 90p58 • Tel: (213) 589-1800 • Fax: (213) 589.9375 July 21,'1997 Mr. Bruce Malkenhorst Mr. David B. Brearly City Administrator City Attorney City of Vernon City of Vernon 4305 Santa Fe Avenue 4305 Santa Fe Avenue Vernon, CA 90058 Vernon, CA 90058 Dear Messrs. Malkenhorst & Brearly: This letter is to confirm that you have given us the exclusive right to represent The City of Vernon and/or its Redevelopment Agency ("The City") in conjunction with the acquisition of properties by the City of Vernon . Further, you have granted us permission to contact prospective property owners on your behalf and to solicit information which we will then present to you. McKinney Travers • ONCOR International ("McKinney Travers") services provided during the acquisition process shall include providing market information, negotiation of the business terms including purchase price and transaction timelines, supervision of the escrow transfer process, review of Title Insurance documentation, review of environmental and soils Phase I & Phase it reports, review of construction and development analysis, and submittal of full documentation of all transaction information to the City Attorney. McKinney Travers shall provide a review of sites located in the City and it's Redevelopment Zone and shall make recommendations on potential sites for possible acquisition by The City. McKinney Travers shall not obligate you in any way without your express written approval and all detailed negotiations with any property shall only be undertaken with your knowledge and consent. It is further agreed that McKinney Travers shall seek a commission or fee as your representative from the property selected by you in conjunction with your purchase agreement. No commissions or fees shall be owed to us by you for the services rendered herein, Los Angeles Office Orange County Office 550 South Hope sveai, suite 2600 4V5 MacArthur Court, Suite 1210 Log Angeles, California 90071 'NBWpOrt Saach, California 92660 Teo (213) 683-1500 • Fax: (213) 955-98.50 Tel: (71 a) 156.5900 - FAX: (714) 758-2020 Za'd Wd9b:S0 L66T-Tz—La Messrs. Malkenhorst & Brearly July 21, 1997 Page 2 of 3 Further; McKinney Travers shall contribute up to fifty (50%) percent of any and all real estate brokerage commissions earned by McKinney Travers on successfully, consummated transactions to The City. Such City commissions shall be applied towards transactional costs to the benefit of The City such as: Escrow Fees and Closing Costs, Title Fees, City Attorney Fees and any and all Independent Consultant Reports related to the transaction which shall include Environmental Reports, Appraisals, and Surveys. Any remaining balance of City commissions shall be credited toward the purchase price on behalf of The City at the close of escrow. In the event the foregoing commissionsplit arrangement becomes unequitable for either party, The City and McKinney Travers agree to discuss alternative compensation arrangements with respect to the real estate brokerage commissions. This exclusive authorization has been granted by you and The City for a period of twelve (12) months, commencing as of the date accepted below. It is understood and agreed that you will not enter into any purchase agreement for any property without McKinney Travers recognized as your exclusive agent_ The City and McKinney Travers agree to discuss at a later date the marketing and disposition of the sites which are successfully acquired by The City. The City shall, at The City's sole and absolute discretion, have the unilateral right to terminate the services of McKinney Travers if The City is dissatisfied with such real estate brokerage service as rendered, but The City must state the reason for their dissatisfaction and prior to The City's termination of McKinney Travers services The Citymust have a face-to-face meeting with McKinney Travers to discuss their termination. Lastly, after the expiration of this agreement, McKinney Travers shall be recognized as The City's broker in accordance with the terms hereof with respect to any properties which McKinney Travers has submitted to you for consideration of purchase opportunity for a period of six (6) months following the expiration of this agreement, or for the duration of any specific pending purchase negotiations. c;ldocslptalmalkcnho �O'd Wd9b:SO L66T—ZZ—LO PO' d -1d101 Mr. Bruce Malkenhorst July 21, 1997 Page 3 of 3 If the foregoing meets with your understanding and approval, please sign in the space provided below. Sincerely, AGREED TO AND ACCEPTED: The City of Vernon Philip T. Attalla This day of , 1997 Senior Broker By: Title_ Damian McKinney Senior Broker John J. Whalen Senior Broker CITY OF VERNON A PROPOSAL FOR TENANT REPRESENTATION SERVICES Prepared for Mr. Bruce Malkenhorst City Administrator July 18, 1997 Prepared by. Damian McKinney Senior Broker Philip T. Attalla Senior Broker TraVBI"8 Realry 550 South Hope St., Suite 2600, Los Angeles, CA 90071 Tel. (213) 683-1500 Fax (213) 955-9850 w HdWa rreat.r.. rare servx� 2833 Leonis Blvd., Suite 311, Vernon, CA 90058 Tel. (213) 589-1800 Fax (213) 589-9375 4675 MacArthur Ct., Suite 1210, Newport Beach, CA 92660 Tel. (714) 756-5900 Fax (714) 756-2020 4370 La Jolla Village Dr., Suite 655, San Diego, CA 92122 Tel. (619) 646-7400 Fax (619) 646-7404 TABLE OF CONTENTS 1. MISSION STATEMENT 2. ONCOR INTERNATIONAL - LEADERS IN WORLDWIDE REAL ESTATE SERVICES 3. SELECTED PICTORIAL OF COMPLETED TRANSACTIONS 4. MCKINNEY TRAVERS - ONCOR INTERNATIONAL PROFILE 5. SCOPE OF SERVICES 6. PROJECT TEAM AND BIOGRAPHIES 7. PARTIAL CLIENT LIST 8. REFERENCE LIST 9. ARTICLES MISSION STATEMENT The foundation of McKinney Travers • ONCOR International is summed by the following four core concepts: TRUST McKinney Travers • ONCOR International is recognized as the "Founding Father" of tenant brokerage in Southern California. As the Tenant Broker for the past 18 years we have eliminated any conflict of interest. Therefore, the integrity of our philosophy has gained the trust and confidence of our clients. STRENGTH The national recognition our firm has gained is based upon our negotiating skills. Your firm will have the benefit of knowing that McKinney Travers • ONCOR International has the strength and expertise in negotiating similar sized transactions in all of the markets you would like to explore. VALUE We recognize the impact that your real estate obligations can have on your firm's profitability. Our goal is to create the most competitive real estate transaction in each marketplace. RESULTS Francis Bacon once said: "Wise men create more opportunities than they find." Once we determine your objectives, we will find a way to create the right opportunity for you. We have the market knowledge and negotiating experience to create and implement transactions similar to City of Vernon. ONCOR INTERNATIONAL - WORLDWIDE REAL ESTATE SERVICES ONCOR International is an organization of leading independent commercial real estate firms dedicated to providing the highest quality services to clients in all sectors and regions. We offer a highly -controlled system based on the philosophy that superior service and results are best achieved by merging an understanding of the client's needs with local market knowledge worldwide. The varying requirements of our clients are met by teams of specialists drawn from over 6,000 real estate professionals in more than 200 markets and 40 countries worldwide. The following provides a brief overview of our organization, our services and products, and the reasons why so many clients believe in and use the ONCOR system. • Services and Products Building Consultancy - Computer Aided Design - Feasibility Studies - Interior Design - Project Development / Construction Supervision - Refurbishment Advice • Corporate Real Estate Asset Management - Corporate Services - Facilities Planning - Options Appraisal - Real Estate Strategy - Space Utilization • Development Consultancy Design - Feasibility Analysis / Market Studies - Project Monitoring / Project Management • Investment Acquisitions - Development Financing - Disposals / Dispositions - Fund Management - Sale & Leaseback • Office / Industrial Acquisitions / Compulsory Purchase - Development Consultancy - Disposals - Lease Renewals / Rent Reviews - Local Taxation - Sale & Purchase of Land - Tenant Representation • Planning Appeals and Inquiries - Applications & Negotiations - Development Plans Monitoring - Environmental & Economic Impact - Regeneration & Development - Site Assessment • Research Demographic Studies - Forecasting - Market Research - Portfolio Analysis • Retail Acquisitions - Compulsory Purchase - Development Consistency - Disposals - Lease Renewals - Local Taxation - Rent Reviews - Shopping Center Management - Shopping Center Marketing Sale & Purchase of Land - Tenant Representation • Specialty Services Capital Markets Group - Life Sciences Group - Operating Expense Audit Group • Valuation /Appraisal _ Confidential Strategic Reviews - Corporate Accounts - Highest & Best Use Studies - International Asset Valuation (Appraisal) - Litigation Advice - Mortgage / Securitization - Periodic Real Estate Valuation - Public Floatation Advice - Taxation / Rating SELECTED PICTORIAL OF COMPLETED TRANSACTIONS The following section includes a brief description of several transactions that we have concluded on behalf of our corporate and professional clients. In each transaction, McKinney Travers • ONCOR International increased its clients' profitability by substantially reducing their occupancy costs. \ \ DAVIDSON AND ASSOCIATES 19840 PIONEER AVENUE Torrance, California Square Feet: 80,000 Type of Transaction. Land Sale /Build -to -Suit TRAVERS REALTY CORPORATION TENANT: TORRANCE MEMORIAL HOSPITAL 3275 SKYPARK DRIVE Torrance, California Square Feet: 20,000 Type of Transaction: Building Sale TRAVERS REALTY CORPORATION TENANT: MOLINA MEDICAL CENTER HEADQUARTERS ONE GOLDEN SHORE Long Beach, California Square Feet: 38,000 Type of Transaction: Lease TRAYERS REALTY CORPORATION TENANT: NORTHROP / GRUMMAN 4900 ALEXANDER STREET City of Commerce, California Square Feet: 190,000 Type of Transaction: Lease T'RAVERS REALTY CORPORATION TENANT: TRIC®R (Division of US Freightways) tt C _ -- , s Ali ie — 4651 East Brickell Street Ontario, California Square Feet: 237,000 — Type of Transaction. Lease — TRAVERS REALTY CORPORATION COMPANY PROFILE McKinney Travers • ONCOR International, Southern California's largest independent tenant representation firm, has always been guided by one premise: to increase its corporate and professional clients' profitability by reducing their occupancy costs. Founded in 1978, McKinney Travers • ONCOR International currently maintains its Corporate Headquarters in Los Angeles, California, and employs a total of twenty-five real estate brokers supported by ten full-time staff members. As a member of the ONCOR team of top -ranked independent commercial real estate firms around the world, McKinney Travers • ONCOR International provides its customers and clients with in-depth knowledge of more than 200 markets internationally, and is dedicated to serving client companies with needs in multiple locations worldwide. McKinney Travers • ONCOR International has executed some of the largest and most complex real estate transactions on behalf of its clients. It is Travers' diverse experience and knowledge that gives it the ability to execute the most creative real estate transactions including building and land acquisitions, build -to -suits, renegotiated leases, leases with purchase options or equity participation, straight lease transactions and sale/leasebacks. Its transaction portfolio includes every type of building: high-rise, low-rise, R&D and industrial. Specializing in the representation of professional and corporate clients over past eighteen years, McKinney Travers • ONCOR International has negotiated over 2,000 transactions valued in excess of $1 billion. Travers' success throughout this time can be attributable to its high level of client service, sophisticated market knowledge and personal commitment to negotiating the smartest possible transaction. These qualities have made it possible for McKinney Travers • ONCOR International to establish long-term relationships with clients such as: 20th Century Insurance; SunAmerica; Kaufman & Broad; Trust Company of the West; Countrywide Home Loans; and Fannie Mae. COMPANY PROFILE McKinney Travers staffs each project with an experienced group of real estate professionals from Travers` Consulting Group. From lease administration, market research, financial analysis to construction -related items, Travers is able to offer a complete range of professional services to complement its brokerage services. This approach of providing professional expertise in conjunction with our brokerage skills leverages our knowledge and experience, thereby maximizing the value that Travers brings to City of Vernon. Brokerage Services Los Angeles Office Orange County Office James N. Travers Steven T. Card Geoffrey S. Barton Reynolds T. McCabe Forrest Blake Randall S. Parker Charles P. Charis Matthew F. Wiley Jason S. Corbett Steven N. Eyler Industrial Office Howard B. Feuerstein Philip T. Attalla James L. Fish Damian McKinney Jay Hanley Thomas Montgomery Michael G. Jones John Jack Whalen George C. Katunich W. Lawson Martin, III San Diego Office Jeffrey D. Mintz Edward L. Bushor, Esq. Dennis E. Smith Stephen R. Lloyd Consulting Services Michael D. Bloes — Financial Analysis Daisuke Yamada — Market Research Associate Donald W. Kopp — Lease Administration COMPANY PROFILE Offices Services Los Angeles Brokerage Services Orange County Consulting Services Vernon Market Research San Diego Financial Analysis — Lease Administration Legal Review SCOPE OF SERVICES The following Scope of Services has been developed by McKinney Travers • ONCOR International with one concept in mind: to reduce its clients' occupancy costs. This Scope of Services can be revised to reflect the unique real estate requirements of City of Vernon. PHASE I - ORIENTATION & ADMINISTRATION Review and abstract existing leases on City of Vernon's behalf. Prepare comprehensive schedules summarizing lease expirations and other critical occupancy dates. Determine City of Vernon's Real Estate Requirements by meeting with its corporate management, as well as applicable local division senior management, to listen to their ideas with respect to each individual office's real estate requirements. Based on the information obtained locally and at the corporate level develop occupancy standards, including: • Short and long-term needs. • Future expansion issues. • Usable square foot per employee ratios. • Building quality standards to be met by City of Vernon. • Image identification, including signage. PHASE ll - STRATEGY Prepare a strategic plan that outlines City of Vernon's real estate goals and objectives. Evaluate occupancy alternatives for each location including: • Long Term Lease Transaction • Build -to -Suit / Lease Transaction • Build -to -Suit / Purchase Transaction • Purchase an Existing Building Transaction Present the results of our preliminary evaluation work. Assist City of Vernon in determining how each individual real estate requirement fits into its overall operating strategy. PHASE Ill - PROJECT SCHEDULING Prepare a responsibility timetable that outlines the nature and timing of all critical dates with respect to any particular transaction, and include a tickler file that specifies target dates for upcoming negotiations. Assemble a list of recommended consultants including interior architects, construction managers, contractors, and telephone/cabling vendors. Centralize the outside consultant function as much as possible in order to develop uniformity. SCOPE OF SERVICES Present the above information to City of Vernon's management for their discussion, input and modification based on the unique conditions of their particular requirements. PHASE IV- TRANSACTION PROCESS Recommend the projects in the survey that would best accommodate the requirement and maximize leverage in negotiations with existing landlord. Contact City of Vernon's Landlord in order to begin renegotiating the existing lease. Prepare proposals to be submitted to qualified projects outlining the major legal and economic issues that need to be addressed in negotiating the real estate transaction. Develop standardized proposals that extensively address major lease and legal issues up -front, thereby streamlining negotiations with the responding landlords. Negotiate the most favorable real estate transaction possible by creating leverage among the competing projects. Provide ongoing financial and economic analyses of the proposed transactions in order to assist in evaluating the progress of negotiations. Review and critique the proposed lease and workletter in order to ensure that all issues addressed during the course of negotiations are included in these documents. Monitor construction of City of Vernon's premises in order to ensure that the lease commences on a timely basis and that commencement is consistent with the lease document. PHASE V - ONGOING SERVICES Monitor the transaction after occupancy in order to ensure that future space requirements such as expansions, contractions or renewals are executed in City of Vernon's favor. Offer subleasing services in the event of an under utilization of leased space or other needs arise to dispose of leased facilities. Orchestrate a review of City of Vernon's operating expense escalations over its lease term to determine if any overpayment has occurred. This review will ensure that City of Vernon's Landlord complies with the terms of the new lease document. Meet with City of Vernon's management on a regular basis to keep them apprised of the status of its real estate position. PROJECT TEAM McKinney Travers • ONCOR International has selected a Project Team that is commensurate with the size and scope of City of Vernon's project. TRAVERS BROKERAGE Damian McKinney and Philip T. Attalla Senior Broker, will act as project manager and will personally be involved with this project on a day- to-day basis. Mr. McKinney and Mr. Attalla will conduct all the negotiations. TRAVERS CONSULTING Michael D. Bloes Michael D. Bloes joined McKinney Travers • ONCOR International in 1992 as a Real Estate Analyst in Travers' Los Angeles office. In this capacity, he is responsible for managing the financial analysis and market research functions of Travers' Consulting Group. Mr. Bloes is involved in all phases of client transactions and projects. Daisuke Yamada Market Research Associate, will be responsible for providing general support services, including detailed market information, demographic studies and property profiles. DAMIAN McKINNEY Biography Damian McKinney has teamed up with Travers Realty • ONCOR International to provide the Travers organization with additional 16 years of experience in Tenant Representation. Mr. McKinney founded McKinney & Company, Inc. in 1982, and quickly became one of the preeminent brokers in Southern California specializing in representing firms such as Hughes, Northrop, Burlington Northern Air Freight, Bell and Howell, and Bekins. Since 1987, Mr. McKinney has been a distinguished lecturer at USC and UCLA, as well as other California State Universities. In 1992, Mr. McKinney was honored as Broker of the Year for handling the largest transaction at McDonnell Douglas. In 1994, he represented the largest office lease for a law firm in the City of Pasadena for a total consideration of $14,000,000. Mr. McKinney reduced the law firm's rental rate from $3.07 per square foot to $1.62 per square foot. Below is a partial list of transactions handled by Mr. McKinney: Bell & Howell / For a combined sale lease -back, acquisition and dispositions of approximately 300,000 square feet in the cities of New York, Atlanta, Los Angeles, Santa Ana, Long Beach and Houston; Molina Medical Centers (HMO) /The acquisition of 70,000 square feet of office throughout Southern California. This included the leasing of One Golden Shore in downtown Long Beach at $0.65 per square foot modified net with a ratio of 5 parking spaces per 1,000 square feet leased, free of charge for a ten year term. One Golden Shore is known as one of the highest quality buildings in the center of downtown Long Beach; Hewlett-Packard/ In the disposition of 71,000 square feet of office space in Hawthorne, CA; Davidson & Associates /The acquisition of their corporate headquarters. This transaction included the purchase of the land as well as assistance in providing a build -to -suit for eventually 80,000 square feet of office. On behalf of Davidson, Mr. McKinney located and negotiated the lowest lease rate in the Greater South Bay area of Los Angeles when he leased a 100,000 square foot state-of-the-art concrete tilt -up for $0.14 per square foot, modified gross, when other tenants were paying $0.25 to $0.32 per square foot. DAMIAN McKINNEY Biography In September of 1996, Mr. McKinney represented Davidson in the acquisition of a 350,000 square foot industrial land office complex. The purchase price was approximately 15% below the average comparables in the market; Northrop /The acquisition of 700,000+ square feet of warehouse and research and development facilities; Hughes/Mr. McKinney has represented Hughes since the early 1980's in the acquisition of approximately 200,000 square feet of research and development, as well as warehouse space, throughout the Los Angeles basin. When representing Hughes, Mr. McKinney introduced the concept of acquiring property through a "blind offer" which effectively reduced their cost per square foot by as much as 20% to 30%; Dairy Fresh / Mr. McKinney provided Dairy Fresh with an investor for the sale -leaseback of their corporate headquarters in Ontario for 268,000 square feet; U.S. Freightways - (TR/COR Warehousing Division) / Mr. McKinney represented U.S. Freightways in the leasing of a 250,000 square foot warehouse in Ontario, California. The warehouse was under construction, therefore, U.S. Freightways was able to receive a building with many build -to -suit features not available in existing buildings. With many extra tenant improvements, U.S. Freightways was still 15% below all comparable new building lease rates. Prior to Mr. McKinney entering the Commercial Real Estate Business, he graduated from the University of Southern California with a Major in Business Administration with an emphasis on Finance. He has served as a Member of the Board of the American Cancer Society as well as volunteered for other philanthropic organizations. PHILIP T. ATTALLA Biography Philip Attalla has focused exclusively on the corporate real estate market for the past six years. Mr. Attalla has also been an active member of the American Industrial Real Estate Association for the last six years. Mr. Attalla has primarily represented corporations in the acquisition of industrial real estate, helping to facilitate the negotiations at below market rates, as well as having an in-depth understanding of the governmental permitting and licensing process. Some of Mr. Attalla's transactions include: M & M Distributors /40,000 square foot lease of cold storage industrial space in the heart of the Downtown Los Angeles Produce Market; Baby Guess Jeans, Inc. /30,000 square foot lease of industrial warehouse in Los Angeles; Expressway Apparel150,000 square foot lease transaction of an industrial warehouse in the City of Vernon; LA Industrial Laundry/55,000 square foot relocation of industrial space in the City of Vernon; Armstrong Environmentals/30,000 square foot industrial warehouse lease transaction in the City of Vernon; Benji Electronics/30,000 square foot industrial sale in Los Angeles; Samson Electronics/26,000 square foot lease transaction in the City of Commerce; S & S Supplies / 131,000 square foot industrial warehouse sale in the City of Commerce. Continued Real Estate Education & Training -- "Legal Aspects of Commercial/Industrial Lease Transactions" "Commercial Property Appraisal" "Real Estate Practice" "Critical Success Factors in Commercial Real Estate" "Communications & Negotiating Techniques for Real Estate Transactions" "Analysis of Commercial Leases" "Real Estate Law" MICHAEL D. BLOES Biography Michael D. Bloes joined Travers Realty • ONCOR International in 1992 as a Real Estate Analyst in Travers Realty • ONCOR International's Los Angeles office. In this capacity, he is responsible for managing the financial analysis and market research functions of Travers Realty • ONCOR International's Consulting Group. Mr. Bloes is involved in all phases of client transactions and projects. In addition, Mr. Bloes is responsible for: • Sophisticated real estate financial analysis including: (i) lease analysis, including lease with equity analysis; (ii)lease vs. buy comparisons; (iii) financing alternatives; (iv) asset valuations; and (v) feasibility studies. • Proposal development and recommendation. • Presentation creation and development. Mr. Bloes has been involved with some of Travers Realty's most valued and important clients, including: • 20th Century Insurance Company • SunAmerica Inc. • Gibson, Dunn & Crutcher • Trust Company of the West • The Fuji Bank, Ltd. • Countrywide Credit Industries Prior to joining Travers Realty • ONCOR International, Mr. Bloes worked in the Los Angeles office of Cushman Realty Corporation, where he managed various real estate brokerage assignments on behalf of Cushman's clients. Mr. Bloes has also worked for over three years as a CPA for the accounting firm of Arthur Andersen in San Francisco. He was responsible for providing audit and accounting services to some of the largest corporations in the Bay Area. Mr. Bloes received his Masters Degree in Accounting from the University of Southern California. DAI S u KE YAMADA Biography Daisuke Yamada joined Travers Realty • ONCOR International in 1996 as a Real Estate Analyst specializing in market research. His involvement in a project is providing up-to- date market data. Mr. Yamada's responsibilities include: • Detail market survey of Southern California office and industrial markets; • General market survey of outer regions and international markets; • Providing clear and informative market survey result to the clients. In addition, Mr. Yamada is also responsible of: • Creation of market database and its maintenance; • Semiannual market survey of Los Angeles, Orange County and Inland Empire markets. Mr. Yamada has been involved with major transactions such as: • 20th Century Insurance Company • Asahi Bank, Inc. • Countywide Credit Industries Prior to joining Travers Realty, Mr. Yamada worked at Marcus & Millichap and Coldwell Banker Real Estate as a market researcher. Through his experience, he has become familiar with the market conditions of investment properties and the residential market in the San Diego region. Mr. Yamada received two Bachelor of Art Degrees in Economics and Urban Planning from the University of California at San Diego. His emphasis was urban economics of Southern California. PARTIAL CLIENT LIST The following represents Travers Realty • ONCOR International's partial client list. Travers Realty • ONCOR International has represented over 3,000 clients since its inception in 1978. — ACCOUNTING Automobile Club of Southern INSTITUTIONAL FINANCE Caruthers & Skeffington California Algemene Bank Deloitte Haskins & Sells County of Los Angeles Nederland N.V. — Pannell Kerr Forster Forty Plus of Southern CA Amplicon Financial Phillips, Rosen & Company Japan Business Association Australia & New Zealand Portfolio Management & Los Angeles Community Banking Group, Ltd. — Accounting College District Banamex Rivin, Wenzel & Co. Los Angeles Olympic Banca Serfin, S.N.C. Roth, Bookstein & Zaslow Organizing Committee Banco de Estado de Sao — S.K. Kojima & Co. Southern California Paulo Association of Banco de Exterior de Espana ADVERTISING Governments (SCAG) Banco de la Provincia de — American Association of Buenos Aires Advertising Agencies Banco do Brasil, S.A. West DIVERSIFIED FINANCE Bancomer, S.N.C. Cohen/Johnson, Inc. Cohen/Johnson, — Foothill Capital Corp. Bank Hapoalim B.M. Davis, Johnson, Mogul & FNRS Financial Corporation Bank of America CInc. tto Hambrecht & Quist Bank of China one &Belding Footee,, Cone Harbor Employees Federal Bank of New Zealand Grey Advertising Credit Union (Harbor Banque Franciase du Malone Advertising General Hospital) Commerce Exterier — McCann Erickson Heller Financial, Inc. California Federal Bank N.W. Ayer Huntington Advisors California Korea Bank Omnicom Group Kleinwort Benson California Pacific National — Parker Mulcahy & Assoc. Chuo Trust Banking Co. Ltd. Resources Trust Company Commerce National Bank ARCHITECTURE/DESIGN Trust Company of The West Commercial Bank Korea, Ltd. CRS Sirrine United Resources Community Bank _ Daniel L. Dworsky, FAIA and Yaeger Capital Markets Coolzone Associates, Inc. Countrywide Credit Industries Gensler & Associates — INDUSTRIAL Credit Suisse Gin Wong Associates Avery Dennison Daiwa Bank, The HNTB Exxon Company, USA Federal Deposit Insurance Kaplan McLauglin Diaz — Fluor Corporation Corporation Liminality Hershey Oil Company Federal National Mortgage Richard Magee & Associates PertamAssociation na Tetra Design, Inc. Unocal U Unocal First Boston Corporation — Westfall Interior Systems First Interstate Bancorp Witco Witco Corporation First Interstate Bank of ASSOCIATIONS California _ Actor's Fund of America Fuji Bank, Limited, The American Cancer Society Glendale Federal Bank American Heart Association Griffin Financial — Hanil Bank PARTIAL CLIENT LIST Hokkaido Takushoku Bank, Ltd. Home Federal Savings & Loan Home Savings of America Hong Kong & Shanghai Banking Corporation Imperial Thrift & Loan Association Imperial Premium Finance Independence Bank Industrial Bank of Japan Kerr Group, Inc. Korea Exchange Bank Kyowa Bank of California, The Liberty National Bank Long Beach Savings and Loan Long Term Credit Bank of Japan Metrobank Mitsubishi Bank of California, Mitsubishi Trust and Banking Corporation Mitsui Manufacturers Bank of California National Australia Bank Nippon Credit Bank of Japan, Palm Desert National Bank Scandinavian Bank Group Security Pacific National Bank (Bank of America) Shizuoka Bank Sumitomo Bank of California Sumitomo Corporation TCW Realty Advisors Taiyo Kobe Bank Tokai Bank of California Trust Company of the West United Savings Bank Union Bank of Switzerland Union Federal Bank Wells Fargo Bank World Savings and Loan INSURANCE/HEALTHCARE Adams Clay Insurance Brokers Alta Health Strategies, Inc. Airport Healthcare Medical Group American Benefit Plan Administrators BPS Healthcare California Medical Review Candland, Kindschi & Associates Chicago Title Insurance Continental Land Title Co. Crum & Forster Crump, Kinder, Laucci Farmers Insurance Company Fireman's Fund Fort Dearborn Life Insurance Guaranty National Insurance Companies Great American Insurance Hayward, Mason & Rolapp Health Net. Industrial Indemnity Company Industrial Underwriters Inc. John Hancock Mutual Life Insurance Kaiser Permanente LA Insurance Broker Mercury Casualty Insurance Company Molina Medical Centers National American Life Insurance National General Insurance Company Nissan Fire and Marine Insurance Co. Orion Medical Sciences Institute Pacific Rim Assurance Company Phoenix Home Life Prudential Insurance Company Republic Indemnity Insurance Royal Insurance SunAmerica Sun Life Insurance Company of America Surety Company of the Pacific TMIC Insurance Company Ticor Title Insurance Group Transamerica Insurance Travelers Insurance Twentieth Century Insurance Company Underwriters Reinsurance Company Wellington Ross Insurance Services Worldwide Facilities Yasuda Fire and Marine LEGAL Allen, Matkins, Leck, Gamble, & Mallory A.S. Golbert & Associates Barger & Wolen Belin & Rawlings Bollington, Stiltz, Bloesser & Curry Bronson, Bronson & McKinnon Berke, Daley & Burford Burke, Williams & Sorensen Caldwell & Toms Clinnin & Clinnin Coudert Brothers Dennis, Juarez, Reeser, Shafer & Young Engstrom, Lispcomb & Lack Fragomen, Del Rey & Bernsen Geragos & Geragos Gibson, Dunn & Crutcher Goldman & Kagon Graiwer & Goldberg Grogin, Samaha & Stulberg Hagenbaugh & Murphy Halstead, Baker & Olson Hart & Watters Heller & Owen Hillsinger & Costanzo Heller & Owen Hillsinger & Constanzo Neil Howard & Associates (bold & Anderson Ivanjack & Lambirth Jeffer, Mangels, Butler & Marmaro PARTIAL CLIENT LIST Jue & Wong Stevens, Berg, Lasater, California Pizza Kitchen — Kadison, Pfaelzer, Woodard, Schulman & Rogers Cast Management Quinn & Rossi Stone & Dolginer Consultants Kagel & Steiner Straw & Gilmartin Centennial Civil Engineers — Kirtland & Packard Stroock & Stroock & Lavan Century Parking, Inc. Knapp, Marsh, Jones & Doran Stutman, Treister & Glatt Charles Bradley Professionals Kroll & Tract Tharpe & Howell DuCharme, McMillen & — Kutak, Rock & Huie Thorpe, Sullivan, Workman & Associates, Inc. Law -in -Motion Thorpe Dun and Bradstreet Lawler, Felix & Hall Tuttle & Taylor EOS Technologies — Lillick & McHose Valensi, Rose & Magaram Executrain Margolis, Ryan, Burrill, & Weissburg & Aronson Fashion Institute of Design Besser Walleck, Shane, Stanard & and Merchandising — McKiernan, Gurrola, Moriwaki Blender Freeman Health Services & Brady White & Case GTE California Meadows, Smith, Lenker, Wilner, Klein & Siegel Georgette Klinger, Inc. — Sterling & Davis Hay Associates Mudge, Rose, Guthrie, REAL ESTATE International Film Guarantors Alexander & Ferdon Benefit Land Title International Payment — Murphy, Schrenger, Weiss & Continental Land &Title Systems Associates Gateway Title Itochu International Nelson, Seligmann & Wright Independent National Japan Leasing Nilsson, Robbins, Dal arn, g Mortgage Corporation Japan Life International Carson & Wurst Kaufman & Broad Corporation Nishiyama, Mukai, Leewong, Leisure Technology, Inc. Japan Travel Bureau Evans, Saldin &Friedberg Mortgage Corporation International _ Nossaman, Guthner, Knox & Orange Coast Title LEK/Alcar Consulting Elliot Pacific Office Centers L.R. Linn &Associates Ochoa & Sillas - Progressive Title Marshall and Stevens, Inc. Petillon & Davidoff Property Sciences Group Metropolitan Talent Agency Pettit & Martin Ryland Homes Mercatus Group Poindexter-Doutre - Title Land Company Mitsubishi International Quinn, Kully and Morrow United Title Company Mobile Installations Renton, Nichols & Brigham Watson Land Company Morrison Knudsen Co. Richards, Watson & Gershon — Westfield Holdings Nabisco Rose, Klein & Marias Nichimen America, Inc. Rosenfeld, Lindsey & Wolff Nissho Iwai American Rosenfeld, Meyer & Susman SERVICE Corporation — Ross, Ross & Dyer A.C. Neilsen Okura & Company Sacks & Zweig American Benefit Plan Orient U.S. Leasing Saltzburg, Ray & Bergman Administrators Orion Medical Sciences — Sheldon & Mak American Messengers Institute Sheppard, Mullin, Richter & International Pacific Clinics Hampton Arthur Consulting Group Pacific Creative Services, Inc. — Sherman & Sterling Arthur D. Little Valuation, Inc. Pacific Fuel Trading Corp. Shield & Smith Avionet USA, LTD. Reed Travel Group Silverberg, Katz, Thompson & Benefit Systems, Inc. Rich Entertainment — Braun Booz, Allen & Hamilton Sawyer, Ferguson & Walker Stanard, Blender & Schwartz Business Telemanagement Scandinavia Trading PARTIAL CLIENT LIST Sigoloff & Associates, Inc. Smith, Fause & Associates Source Services Corporation Statistical Sciences, Inc. Taco Bell Technical Connections T.H. Export/Import Thrifty Corporation Trans Union System Corporation Transport Employees Benefits, Inc. W.C. Service, Inc. TECHNOLOGY Cambridge Technology Partners Data General Corporation Dun & Bradstreet Software CSC / Index Falcon Cable Systems General Telephone (GTE) Kerr Glass K.T.I. Corporation Lincom Corporation Mason Electric M.I.S.I. Ltd. Newport Corporation NTT America Panavision International L.P. Paradigm Systems Peter Norton Computing, Inc. Pharmacia Intermedics Opthalmics R.J.S. Corporation TRANSPORTATION Aero California Aeroflot Russian International Airlines Air New Zealand, Ltd. Barber Wilhemsen Agencies Direct Travel Greyhawk Systems, Inc. Itochu Aviation, Inc. JALPAK Japan Air Lines Limited Jetour USA Inc. Lilly Steamship Agency Merit Steamship Agency/Japan Line National Space Development Agency of Japan Nippon Travel Agency Pacific NTK Aviation America, Inc. Pacific Liner Agency Pony Travel Sumitrans Corporation Trans America Steamship Agency Varig Airlines Zim Container Services WKINNEY TRAVERS REFERENCE LIST • Award Packaging Mr. AI Espinosa President (213) 727-1200 • Christie Parker & Hale Mr. Rod Dorman Partner (818) 795-5843 • Davidson Group Mr. Bob Davidson Chief Executive Officer (310) 540-2740 Mr. Mark Herron President (310) 540-2740 x 102 • U.S. Freightways / Interamerican Mr. Larry Pittman _ President (909) 591-4949 • Molina Medical Centers Mr. John Molina Executive Vice -President Mr. Joe Heinz Vice -President x 1121 (562) 435-3666 James Travers Travers Realty Los Angeles Mr. Travers was one of the pioneers in exclusive ten- antrepresenta- tion in South- ern California 17 years ago, and his firni— recently selected as the Oncor Inter- national affiliate in Greater Los Angeles —is now one of the area's foremost office/industrial realty organizations in this specialty. He etuTently oversees the activities of 22 associate brokers operating at three primary locations. Prior to founding his company, he was a tenant broker xith Milton Meyer Co. focusing on tenant - based negotiations, and earlier began his career with the Edward S. Gordon Co. in New York. A graduate of the University of Cincinnati with a B.S. degree in political science, he was named Los Angeles' top tenant represen- tative in 1995 by die Los Angeles Business Journal, which the year before had voted him one of the area's 10 most influential people in conunercial real estate. In July of last year, Mr. Travers negotiated for Panavision Inc. in its 16-year lease for 152,454 sq. ft. at an ruridentifred location. The $20 million deal resulted in a rental rate approximately 25% below the "above -market" rate that the previous user was paying. The new tenant, which had been housing its manufacturing, rental and administrative operations in multiple locations in the San Fernando Valley, north of Los Angeles, will now have all these operations under one roof. 1995 TRANSACTIONS Total Deals: 64 leases Aggregate Value: $211 million Total Space: 1.5 million sq. ft. 46 ■ REAL ESTATE FORUM w JANUARY 1996 Travers Relishes Confrontation Role as Tenant Strong Man rokers are supposed to adhere to the unspoken principle that if they drive for deals too tough today, their clients of tomorrow will suffer at the hand of the landlord when the market turns. However, Jim Travers never met a building owner that refused to go toe -to -toe with a cement contractor over their price. That is why Travers, the 45 year -old founder, president and CEO of Travers Realty in Los Angeles, relishes his rep- utation as a negotiating expert that tends to beat up landlords. "I like confrontations when I have a strong client behind us," Travers said. 1 understand construction costs, enti- tlements and other details that other brokers don't. I know the costs for developers. We do a lot of analysis. I like to make a sharp deal. "When a landlord buys steel and signs contracts, they are very tough and sharp, so why shouldn't we be?" he stated. "When we say we deliver, we deliver." Travers is so confident of his negoti- ating ability that he has turned around his perception of what the market should accept when he's at the deal table. "We're not market -driven so we want to make sure the market meets the tenant. We don't tell them what the market wants; they tell us what they want to pay and we'll meet it." Travers founded his firm as its sole broker in 1978, based on what he saw as a needed service in commercial real estate: tenant representation. Although he said there are disputes as to who actually started the tenant rep business in the West, he claims it usually comes down to himself and John Cushman. Travers, who grew up in New York, went to New York University's law school and then went into real estate because "it was an opportunity that came up," he said. He started at Douglas Elliman & Co. in 1970 as a broker and two years later moved to Edward S. Gor- don Co. where he stayed until 1974. He left for Los Angeles and landed a job at Milton Meyer Co., representing 5900 Wilshire Boulevard. That is when lie saw the opportunity for a tenant rep -only firm in the city. He will not handle deals for, - landlords —which helps maintain integrity with his � clients, he said and in an age of�.�' broadbased ser- vice firms, his 20 brokers have con- sistently grabbed some of the West's top deals. Over the past 15 years, Travers Real- ty has negotiated more than 8 million square feet of space requirements with 1992 being the firm's best year yet. The brokerage represented tenants in about 1 million square feet worth of transac- tions last year and opened its second office, in Newport Beach, Calif'. But ask Travers how many deals he personally closed last year and he can not give an answer. "My whole person- ality is not geared toward volume. 1 just make sure the deals are right," he said. One of Travers' "right" deals is the. ongoing 412,000-square-foot headquar- ters assignment for 20th Century Insur- ance Co. in Woodland Hills, Calif. Travers is also handling 230,000 square feet worth of other deals for the firm, ranging from 1,000-square-foot drive-in claims centers to regional offices. Among his firm's deals last year, Travers closed on a 300,000-square- foot, 42-acre headquarters deal in Simi Valley, Calif., for Countrywide Credit Industries. The firm is one of the top loan originators in the West, he said, facilitating the need for new space. "We moved Countrywide into Pasade- na eight years ago into about 80,000 square feet," he said. `Now, they are in 200,000 When a land- feet. We wanted lord buys steel to expand into and signs con- either a new con- tracts, they are porate headquar- very tough and ters or move into sharp, so why an additional shouldn't we operations facili—ty. We wanted to 'Travers Realty president & CEO stay in Pasadena Jim Travers. but the cost of space was going to be very expensive." Then Travers looked west. "We went to Simi Valley and saw the property and it was at such a good price. We bought it in 30 days," he said. "The challenge on that transaction was that we were leasing new space every week but want- ed to do away with that. We wanted to go somewhere to meet our future needs. We will build on the land as needed to have a corporate services campus." Travers also set a 195,000-square-foot office deal for Health Net Corp. in Woodland Hills plus other national requirements, 85,000 square feet of space for Pacific Rim Assurance Co. in Encino, Calif'., and 65,000 square feet for law firm Stradling, Yocca, Carlson & Rauth in Irvine, Calif. a -Ken Hunter. S'eiiior Editor Lehman Debt 'Firsts' Meld Bagger Equity Deals Mikulich Hopes to Leverage MPS into Broader REIT Play By Doug Doiwky the mid-1980s.—decisions that still pinch look at our accord and our real estate Associate Editor profits and lead to speculation over the capabilities, you see lot of us being on New York --From his seat on Shear- possibility of the investment bank being the cutting edge of the innovations son Lehman Brothers' eight -member dumped by its likewise troubled parent, going on in the business." investment committee, managing direc- American Cypress Co. Innovator. Creator. Tinkerer. All. for Ray Mikulich has a bird's-eye view Yet. as head of Lehman Brothers' words that apply to Lehman Brothers' of a heap of lousy" real estatr deci- real estate investment banking group, blossoming real estate program which in sion: made by the firm ; former brass u1 Mikulich has another view few ever see: a little over two years is now trying to One in which a combined threaten the likes of Goldman, Sachs, 10•member real estate and Merrill Lynch and Morgan Stanley, the Without any fanfare; mortgage effort breaks recognized "Big Three" in real estate but mith plenty of new ground in commercial finance and advisory work. Lehman is sec-uritrzation, notching iiilovatlon, "Firsts," one.of the few. groups aggressively look- industry and ing to expand operations (particularly, its - ,Mikiilich hTas;=beenassisting in the recapital- underwriting of real estate investment nuTtLlTing Lehmann tzation of mday's real trusts) as well as strategically add staff. BTOti}1e�5' Te8l estate estate market. "Lehman Puffing nut his chest, Mikulich Brothers is boasted: 'We're the only growing mort- program into,a top very well-known, but our gage and teal estate group on The Wall StreetCon- zeal estate and mortgage Street." Other shops re either happy tende>< effort is not," lamented with their size or stumbling. In fact, two Mikulich. "But when you (Continued on page 70) Ron Ravevich Jeff Toin Toga Rolls Out Pru Leasing Arm; Targets 40 MSF By End of 1994 A,i' Ken. Hunter Sentiar Editor Newark, NJ-- inter more than a year of quietly testing the waters: The Prudential Realty Group (PRG) has formally launched an in -horse unit to handle lea •uag for its office and indus- trial projects around the country. Premiss, Marketing Services ("Marketing") will operate as a divi- sion of Premisys Real Estate Services ("Premisys"), the property manage- n1Pnt subsidiary of PRG Premisys it r if wr crCatc.d four years ago to ar he il).t;W-LiTe giant better con- t I rt building opwations at PRG's t, u; r rti ::. Today, the Premisys port- fnh,. whirr, will 1.1611 he rn,rsewl by �I MARCH 10,1993 jEdward Uarey ' kelvin Davis `New' Investors Dworman, Rowe: Tale Aim for Workout Assets By lien Bunter Senior Editor New York Traditional investors, the insurance companies and pension I funds, have surrendered the buyers' market, instead concentrating on their internal struggles over how much new money should go into real estate and whether cash reserve reg- ulations are being met. For precision buyers --those that seriously study their markets and will produce the cash up from - these are the glory dnvs and a new crop of million;dres is being made. i "The buyers are out Finding the guys ,in trouble where a bank is involved," said Ross Dworman, pre.- ident of RD Capital here. "If you can ;it clown with them in a three- way negotiation, put up some work- ing capital and work our a deal with the owner, you can have the owner stay in for a carried interest. "In some cases the owner is in such financial trouble, lie doesn't care about the percentage and will get what we call a 'nuisance fee,"' Dworman continued. The fee is (Confined an page..10) .: t swing from a t I ,- • ' With'the market where devel- r opers and their egos ' = rule to a tenant: and investor- �. .4EL driven arena, commercial. bro- � kers have hail to do some rapid adapting. It is undeniably more elo Stan Jones Mark Elliott difficult today to land deals �® Marty Turehin ' Brendan Lynch than it was five years ago, but the top players in the industry know how to get the job done. . Turn to pages 46 through 52 for , CPN's annual profile of the - hottest brokers, those who are .e-^•': completing the most creative P office, industrial, retail, apart - Carl Peak Lori Brown ment and hotel transactions. Jiin Travers Elysia Holt A MILLER FREEMAN, INC. PUBLICATION - 1515 Broadway. New York. NY 10036 - 212-869-1300 - U.5. Subscri;sl,:Ir ;..T? -Vn pr:, year. Single copies. $7.25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RA-134 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. ONE TO THE CONFIDENTIAL AGREEMENT FOR REAL ESTATE CONSULTING AND REPRESENTATION SERVICES BY AND AMONG THE CITY OF VERNON, THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AND MCKINNEY TRAVERS • ONCOR INTERNATIONAL WHEREAS, Resolution No. RA-103 was adopted by the Redevelopment Agency of the City of Vernon ("Agency") on August 5, 1997, approving and authorizing the execution of a Confidential Agreement for Real Estate Consulting and Representation Services ("Agreement") by and among the City of Vernon ("Vernon"), the Agency and McKinney Travers • ONCO International ("Consultant"); and WHEREAS, the Agreement provides for an expiration date of August 5, 1998; and WHEREAS, Agency and Consultant desire to extend the term of the Agreement through and including December 31, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The Agency hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The Agency hereby approves Amendment No. One to the Confidential Agreement for Real Estate Consulting and Representation Services, a copy.of which has been presented to the Agency concurrently with this resolution, and the Agency hereby orders said Amendment to be received and filed by the Secretary. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: The Agency hereby authorizes the Chairman and the Secretary to execute said Amendment for, and on behalf of, the Agency of the City of Vernon. SECTION 4: The Secretary of the Agency shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. ;APPROVED AND ADOPTED this 8th day of September, 1998. EONIS C. MALB G, Chairman ATTEST• G/ BRUCE V. MALKENHORST, Secretary WE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, Secretary of the Redevelopment Agency of the City of Vernon,,,do hereby certify that the foregoing Resolution, being Resolution No. RA-134, was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Vernon (hereinafter "Agency") at an adjourned regular meeting of the Agency duly held on Tuesday, September 8, 1998, and thereafter was duly signed by the Chairman of the Agency of the City of Vernon. (SEAL) v BRUCE V. MALKENHORST, Secretary -3-