Resolution No. 72641
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RESOLUTION NO. 7264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF AMENDMENT NO. TWO 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 ("City"), the Redevelopment Agency of the City of Vernon
("Agency") and McKinney Travers • ONCOR International
("Consultant"); and
WHEREAS, the City, by adoption of Resolution No. 7213 on
September 8, 1998, extended the expiration date of the Agreement
to December 31, 1998; and
WHEREAS, City and Consultant desire to extend the term of
the Agreement indefinitely on a month -to -month basis, subject to
termination without cause by any party upon thirty days notice to
the others; and
WHEREAS, the parties further desire to clarify terms of
the Agreement respecting CONSULTANT's right to compensation in the
event CITY or AGENCY acquires property by condemnation or under
threat of condemnation.
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
f
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true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. Two 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.
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 26th day of January, 1999.
ATTE .
BRUCS V. MALKENHORST, City Clerk
-2-
r
EONIS C. MA BURG, Mikyor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 7264, was duly adopted by the City Council of the
City of Vernon at an adjourned regular meeting of the City Council
duly held on Tuesday, January 26, 1998, and thereafter was duly
signed by the Mayor of the City of Vernon. e
(SEAL)
-3-
SUPPORTING
DOCUMENTS
AMENDMENT NO. TWO
TO THE
311 CONFIDENTIAL AGREEMENT FOR REAL ESTATE
CONSULTING AND REPRESENTATION SERVICES
4
511 THIS AMENDMENT NO. TWO to the Confidential Agreement for
6 Real Estate Consulting and Representation Services is made and
7 entered into and executed in triplicate originals, any copy of
8 1 which may be considered and used as the original hereof for all
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purposes this 26th day of January,
1999,
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BY AND AMONG
THE CITY OF VERNON, hereinafter
referred to as "City,"
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4305 Santa Fe Avenue
Vernon, California, 90058
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AND
THE REDEVELOPMENT AGENCY OF THE
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CITY OF VERNON, hereinafter
referred to as "Agency,"
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4305 Santa Fe Avenue
Vernon, California, 90058
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AND
MCKINNEY TRAVERS * ONCOR
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INTERNATIONAL, hereinafter
referred to as "Consultant,"
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2833 Leonis Blvd., Suite 311
Vernon, California 90058
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19 RECITALS
20 WHEREAS, CITY, AGENCY and CONSULTANT entered into a
21 Confidential Agreement for Real Estate Consulting and
22 Representation Services ("Agreement") on August 5, 1997, which
23 provided for expiration on August 5, 1998; and
24 1 WHEREAS, on September 8, 1998, the parties entered into
25 Amendment No. One to the Agreement, extending the expiration date
26 to December 31, 1998; and
27 WHEREAS, CITY, AGENCY and CONSULTANT desire to extend
28 said Agreement indefinitely on a month -to month basis, subject to
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termination without cause by either party upon notice to the
other; and
WHEREAS, the parties further desire to clarify terms of
the Agreement respecting CONSULTANT's right to compensation in the
event CITY or AGENCY acquires property by condemnation or under
threat of condemnation.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS
MUTUALLY AGREED BY AND AMONG THE PARTIES HERETO TO AMEND THE
AGREEMENT AS FOLLOWS:
SECTION 1: The first paragraph of Section 2 of said
Agreement is amended as follows:
This Agreement shall continue in effect on a month -to -
month basis, and shall be subject to termination by any
party upon thirty (30) days written notice to the other
parties.
SECTION 2: Subsection (b) of Section 3 of the Agreement
11 is amended to read as follows:
CONSULTANT acknowledges that compensation for services
rendered pursuant to this Agreement shall be governed
solely by the terms for payment of brokerage fees set
forth in any agreement to purchase, sell or lease real
property to which CITY or AGENCY is a party. CONSULTANT
further acknowledges that the intent of this Agreement is
that such compensation shall be paid by the party or
parties with whom CITY or AGENCY has entered into such an
agreement to purchase, sell or lease real property,
despite any custom or practice in the real estate
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industry to the contrary. Notwithstanding the foregoing,
CITY or AGENCY, in CITY's or AGENCY's sole discretion,
may agree to pay other compensation to CONSULTANT in any
transaction where CITY or AGENCY determines that
CONSULTANT has rendered or will render service of value
to CITY or AGENCY.
SECTION 2: Subsection (e) is added to Section 3 of the
Agreement, to read as follows:
It is understood and agreed that CONSULTANT shall not be
entitled to compensation in any matter where an agreement
to purchase real property is made under threat of
condemnation, including, without limitation, any
proceeding initiated by CITY or AGENCY under the Eminent
Domain Law (Cal. Code of Civil Procedure § 1230.010 et
seq.), initiation of a proceeding for an order granting a
right of entry under Code of Civil Procedure § 1245.010
et seq., adoption of a Resolution of Necessity under Code
of Civil Procedure § 1245.210 et seq., or any similar
action.
SECTION 3: In all other respects the terms and conditions
of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this
Amendment No. Two to be executed on the month, day and year first
written above.
REDEVELOPMENT AGENCY OF THE
CITY OF VERNON
BY:
UN--I-SC. MALIJRG, ChAirman
ATTEST:
BY:
BRUCE V. MALKENHORST, Secretary
APPROVED AS TO FORM:
DAVID B. BREAR EY, Legal CounsAl
CITY OF VERNON
BY:
NIS C. MALB G, May r
ATTEST:
BY: v
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
BY:
DAVID B. BREARLE , City Attorney
MCKINNEY TRAVERS • ONCOR
m
Name
Title
-4-
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 Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 6, 2001
Via Facsimile and U. S. Mail
(714) 375-7540 facsimile
Bruce V. Malkenhorst
City Administrator
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, California 90058
Re: McKinney Travers Counter-Pra�Iacaal
Dear Brace:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583--1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
As you know, the City recently received a proposal from a broker regarding the
Agrashell Property. After receiving the proposal, I advised that the City and the Redevelopment
Agency's current agreement with McKinney Travers (the "Agreement") established an
"exclusive" relationship that had a month -to -month term. Therefore, I advised that if the City
desired to utilize another broker, it would need to (1) amend the Agreement to indicate that
McKinney was not the City's exclusive broker or (2) terminate the Agreement and either
negotiate a new agreement or simply work with McKinney without a broad agreement covering
multiple transactions.
Approximately two weeks ago, I sent Ted Attalla of McKinney Travers a draft of
a Third Amendment to the Agreement (the "Amendment"). The Amendment would make the
City's relationship with McKinney non-exclusive. Ted advised me that he would respond to the
Amendment before the City Council meeting on March 21, 2001. He failed to do so. Therefore,,
we obtained the City Council's authority to provide McKinney with notice that the City desired
to terminate the Agreement. Section 2 of the Agreement requires the City to give thirty (30)
days notice of termination. The Notice was sent on March 22, 2001. Therefore, the current
Agreement will expire on April 22, 2001.
Bruce Y. Malkenhorst
April 6, 2001
Page 2
In addition to sending the termination notice, I continued to discuss the
Amendment with Ted. I explained to him on several occasions that I believed the City would
still run most deals through his company, but that the City Council clearly wanted a non-
exclusive relationship. I advised him that this could be accomplished by either executing the
Amendment or terminating the Agreement. I advised Ted that he would have to have some
"faith" in his relationship with the City and that if his company was not pleased with the way in
which the Agreement was working out, he had a right to terminate the Agreement. Ted seemed
to understand and told me that he would talk to his partner, but that he thought this would be
acceptable. Nevertheless, on April 3, 2001, Ted told me that after speaking with his partner, they
believed that it would be unfair to maintain the current compensation structure if McKinney did
not have an exclusive relationship. He advised that he would present the City with a counter-
proposal. I informed him that his counter -proposal would be considered..
I have now received a counter -proposal from McKinney dated April 4, 2001
(attached). The counter -proposal advises that McKinney accepts all terms of the Amendment,
but requests that Section 3, subsection C and D, be deleted. The counter -proposal is referring to
the original Agreement language.
Subsections C and D of Section 3 of the Agreement, entitled, "Compensation,"
read as follows:
C. Consultant shall contribute fifty percent (50%) of any and all commissions, which
shall be defined as City Commissions earned by Consultant on successfully
consummated transactions for Vernon or the Agency. Such City Commissions
shall be first applied toward transactional costs of the acquisition, sale or lease
which produced the commissions, to the benefit of Vernon or Agency including,
but not limited to, escrow fees, closing costs, title fees, city attorney's fees, and
any and all independent consultant reports (including environmental reports,
appraisals and surveys) necessarily related to the transaction.
d. Any remaining balance of City Commissions shall be credited toward the
purchase price, if applicable, on behalf of Vernon or the Agency at the close of
The counter -proposal would get rid of the compensation language that requires
McKinney to split their commission fee with the City. McKinney advises that they still intend to
share equally in the commissions, but that, as the City's non-exclusive agent, they will do so on a
case -by -case basis. In other words, McKinney would not be bound to any commission structure.
The commissions would have to be negotiated for individual transactions. In effect, the City
would be in the same position if the Agreement is terminated. Therefore, I see no benefit to
accepting the proposed modification in the counter -proposal.
At this time, I suggest that we advise McKinney that the counter -proposal is
unacceptable and again invite them to execute the Amendment. If they do not accept, we should
Bruce Y. Malkenhorst
April 6, 2001
Page 3
decide whether the City wants to make a different offer or simply deal with McKinney and other
brokers on a case -by -case basis.
Please let me know how you wish to proceed.
Sincerely,
Eduardo Olivo
City Attorney
Enclosure
04/04/01 15:13 $13235899375 0 001/001
April 4, 2001
me -Kinney Travers
Warldw/de Real Fsapbe RerviocW
2833 Leonis Boulevard
Suite 311
Vernon, CA 90058
Mr. Eduardo Olivo Ph. 323,589.1800
City Attorney F= 323.589.9375
City of Vernon
8135 Florence Avenue, #202
Downey, CA 90240
Re: Amendment #3 to the Confidential Agreement for Real Estate Consulting and
Representation Services --. Confidential Attorney Memo
Dear Eddie:
As you requested, we reviewed Amendment #3 to the Confidential Agreement for Real
Estate Consulting and Representation Services, Travers McKinney Realty Corporation
d.b.a. McKinney Travers - ONOOA International (" MclQnney Travers").
We accept all terms and conditions included in such amendment, except for the
following change and/or modification:
Please delete: Section 3, Subsection C and Subsection D.
McKinney Travers intends to continue participating with the City/Agency in sharing
equally real estate commissions Earned, but as a non-exclusive agent, McKinney
Travers will do so on a case by case basis.
If there are any questions, please contact either one of us at (323) 589-1800.
Sincerely;
Travers McKnney Realty Corporation
d.b.a. McKinney Travers • ONCOR International
Ted Attalla
Senior Broker
TA/JWAy
Jack Whalen
Senior Broker
mydo&ptdbhvo-coufuUymec;o
Offices In 180 Clues • Unftd State, Austria Belgium Conoda, Ctech Republic-, Denmalc Rance, Germany. Hong Kong, .lappn. The Nethedan& SwadeR Untied Kingdom
04/03/01 17.45 '013235899375
444 CITY OF VERNON U 001/001
April 3, 2001
Mr. Bruce Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058:
Re: 2820 S. Soto Street, Vernon, California
Dear Bruce:
Mrn@y Travers
/,
Worldwide Real Estate ServPces
2833 Leonis Boulevard
Suite 311
Vernon, CA 90058
Ph. 323.589.1800
Fax 323.589.9375
Attached please find a marketing brochure and a Property Profile from North American
Title Company for the above referenced property_
Land values for this property should Tange between $14.00 to $16.00 per usable square
foot. Approximately 80,000 usable square feet at $15.00 per square foot gives a
valuation for the land at $1,200,000.00. This price should include the demolition of the
existing structure.
If there are any questions, please contact either one of us at (323).589-1 S00.
Sincerely,
Travers McKinney Realty Corporation d.b.a.
McKinney Travers ONCOR International
Philip `Ted" Attalla John "Jack." Whalen
Senior Broker Senior Broker
PTA/JJW/mp
Attachment
cc: Chris Romero, City of Vernon
AttallaWa[&enhar- 44a301Vnp
Offices In 180 Clhes • United Stores, Austria, Belgium, Canada, Czech RePubUc, �anmerk Fronce. Germany. Hang Kong, Japan ii,e Nethertgnds Sweden, United Kingdorr
03/28/01 16:23 $`13235899375
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444 CITY OF VERNON 121 001/002
em1y1!'Cinr�ey Travers
LYarlditdde Real Estate ServlrOC
2833 Lewis Boulevard
Suite 311
Vernon, CA 90058
Ph. 323,589,1800
FACSIMILE TRANSMITTAL COVED SHEET Fax 323.589,9375
To be transmitted to FAX number, (323) 581-7924
Date: March 28, 2001 Time: 4:30 p.m.
To: Mr. Bruce Malkenhorst From: Ted Attalla
Company: City of Vernon Number of Pages: 2
(including this page)
If you have any problems receiving this facsimile, please call (323) 589-1800.
Bruce:
Please review and make any necessary changes.
Sincerely,
Ted
Offices In 180 Cities • United Staff Austria, 5elglum, Conode, C =h Ropublic, Denman. France, Germony. Wong Kong, Japan The Netherlands, Sweden, United Kingdom
03/28/01 16:24 '$13235899375
4.
March 28, 2001
Mr. Bruce Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re:
AND
4650
Dear Mr. Malkenhorst:
444 CITY OF VERNON Q 002/002
McKinney Travers
. �llllllllllllllllllll/l// � �
Worldwide Reel CStarz ServIraw
2833 I_eonis Boulevard
Suite 311
Vernon, CA 90058
Ph. 323.589.1800
Fax 323.589.9375
OF:
Travers McKinney Realty Corporation d.b.a. McKinney Travers • ONCOR International
("McKinney Travers!'), as the exclusive real estate consultant to the City of Vernon for
the acquisition of rea[ property(ies), hereby grants to the City of Vernon ("City") and the
Redevelopment Agency ("Agency"), an exclusion to the Confidential Agreement
("Agreement") dated August 5, 1997, amended on September 8, 1998 and January 26,
1999.
The City and Agency is hereby given permission, without liability and/or consequence, to
utilize the services of Lee & Associates; lne. to acquire the above referenced property.
The utilization of Lee, & Associates, Inc. for such acquisition shall in no way breach the
above referenced Agreement. The terms and conditions of such Agreement shall
remain confidential.
If so desired by the City and/or Agency, McKnney Travers shall offer assistance in the
analysis and/or acquisition of the subject site.
Bruce, if you have any questions, please contact me at (323) 589-1800.
Sincerely,
Travers McKinney Realty Corporation d.b.a.
McKinney Travers • ONCOR International
Philip 'Ted" Attalla
Senior Broker
PTA/mp
cc: Mr. Jack Whalen
AzW1aWWkanhortlmp
Offices in 180 Cities • United States, Aus r1a, Belgium, C4nada, C:b=h Repulolic, Denmark France, Germany, Hong Kong, Jopen, The Netherlands. Sweden, United bngdom
03/15/01 19:46
444 CITY OF VERNON Z 001/001
March 14, 2001
Mr. Bruce Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Fax: 323-581-7924
]VAcKir�ney xrav�rs
` '�lfllllllllllllllll/ill .. � �.... �
W,,1dwfde Rea! � � 5e!'1/�ces
2833 Leonis Boulevard
Suite 311
Vernon, CA 90058
Ph. 323.589.1800
Fax 323.589.9375
Re: Pechiney Cast Plate facility (former Alcoa) and Watkins Trucking facility
Dear Bruce:
In our search to locate potential sites in the redevelopment area which could satisfy a co-
generation facility, the following have become possible options:
Pechiney is currently in the process of, rernediating and preparing to deliver approximately
250,000 square feet of industrial space to the market which will become available for lease to a
manufacturing operation. The property is located in the redevelopment project area and there
appears to be an opportunity to do the following:
(1) Utilize this large industrial area to attract a large manufacturing project to
redevelopment; or (approximately 10
(27) Possibly consider raising the northern portion of the property
to 14 acres) to graded land in order to permit a co -generation facility_ This could
be accomplished through a long-term ground lease.
Philip spoke wlt Mr. Mike Kevitch of Watkins, who stated that Watkins is in the process of
looking for a 200 door trucking facility in Long Beach. This new acquisition may cause'the
Vernon Watkins facility to become available for lease. Should this occur, there is a possibility that
the Vernon site could be acquired on a long-term land lease in which the City could construct a
co -generation facility.
If there are any questions, please contact either one of us at (323) 589-1800. .
Sincerely,
Travers McKinney Realty Corporation, d.b.a.
McKinney Travers • ONCOR International
Ted Attalla Whalen
Senior Broker enior Broker
TA/JW1mp
AftW6 Me MPhoot0GvOQ51401/my
Offices In 180 Cities • United States, Ausiric, Belgium, Canada, Czech Republic. Denmark, France, Germany, Hong Kong, Japan, The Netherland% Sweden, Unitod 4nCidom
01/10/02 17:40 %YI3235899375 CITY OF VERNON U001/004
1VdeKFnney Travers
Warldw ee Real Estutm 5e -idreff
2833 Leonis Boulevard
Suite 311
Vemon, CA 90058
Ph. 323.589,1800
Fax 323.589:9375
FACSIMILE TRANSMITTAL COVER SHEET
To be transmitted to FAX number. (323)826-1436
Date: January 10, 2002 Time: 4:30 p.m.
To: Mr- Bruce Malkenhorst From: Philip T. Attalla
Company_ . City of Vernon Number of Pages: 4
(including this page)
If you have any problems receiving this facsimile, please call (323) 589-1800.
Dear Bruce:
The land parcel close to City Hall is located in the redevelopment project area.
Let me know if you have any interest in this site.
Sincerely,
Philip T. Attalla
Senior Broker
Offices In 180 Cities - United States. AusMp, Befgfum, Canada, Czech Republic. Denmark. France. Germany, Hong Kong, Japan, Tne Neineriands- Sweden, united IGngciom
01/10/02 17:40 %213235899375
444 CITY OF VERNON Q 002/004
FOR LEASE
LAND OR SALE
AVAIL SF: 69-260
ACRES: IS9
ADORES$ 4418 PACIFIC BL VERNON CA zip 90058
PRTJ" VERNON LOCATION
EXCELLENT BUILD TO SUIT SM - CALL BROKER FOR DETAILS
POSSIBLE TO BUILD 30,000 SF NEW $LPG , SEE NOTES
LEASE RENTAL S moo Imo Gross .Net 6,10$ Tenn _S'CT 1 m
SALE PRICE $ 9S0 UDU PrieelSF S 13.7Y Tex S 7,474 Yr _2000-200t
Temxi CASIT TO SELLER Pimessian Immediate.
Avail SF 69.Z60 Dim rRR X MIR Assessors Parcel # 63RR-f. 9
Min. SF 69,260 Add'I St Ded. NONE _ Savmr Linos Y�c - B-1n ERfJ0 1 iANT TO ,BMX
Fenced Y Paved Y EQ Zone _ iN Rat NONE Water Lines ices-13VYEl f=N TO VFBTF'Y
Net Avall SF 69.261) , Gas Linos Ygc X3 - T1 UTENANT'Tq WRI +`Y
Build To $uil POSSIBLE General Tapogmphy FLAT
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09/24/01 10:25 $`13235899375
444 CITY OF VERNON 0 001/002
McI[nner�. ► Trave►r�
Warldi de Rea/ c.aw 5erVIEWS
2833 Leonis Boulevard
Suite 311
Vemon. CA 90058
Ph. 323.589,1800
FACSIMILE TRANSMITTAL COVER SHEET Fox 323.589.9375
To be transmitted to FAX number ( 3�
Dater y 1 l
Company:Z�le�"L'nej
) T02 1!�- ly_TR
rime:
Fmm:
Number of Pages:
(including this page)
If you have any problems receiving this facsimile, please call (323) 589-1800.
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Offices In 180 Cores • United Stdtes, Aus!Ao, 1321gium, Canada, Czech Rcoubllc, Denmark Frpnce, Germany, Hong Kong, Japan. The NeMerland% Sweden, United Kingdom
09/24/01 10:26 '$13235899375 CITY OF VERNON 191002/002
September 19, 2001 McKinney Tratvers
WbHd Wda 14aa/Estmm Handrzw
Mr. Jim Seving
Comptroller of Glass Container Division 2833 Leonis Boulevard
Owens -Brockway Suite 311
c/o Mr. lack Cline, Jr. Vemon, CA 90058
Lee & Associates, Inc.
500 Citadel Drive, Suite 100 Ph. 323-589-1800
Commerce, CA 90040 Fcx 323,589.9376
Re: Modification to the Letter of Intent to Purchase dated August 6, 2001, for the
real property comprised of approximately 131,986 gross square feet (3.03 gross
acres), approximately 108,900 net square feet �2.5 net acres) of land which is
commonly known as: Southeast Corner of 6fl"Street and Soto Street,
Vernon, California 90058_ See Exhibit "A".
Dear Messrs. Seving & Cline:
As the exclusive real estate consultants. to the Redevelopment Agency of the City of
Vernon (Agency" or "Buyer"), McKinney Travers Realty Corporation is hereby modifying
the above referenced Letter of Intent to Purchase with the following changes and or
modifications:
Item 12. Land Lease'of Laved Parking Lot during Escrow:
Should escrow not close prior to June 1, 2002, then Seller shall lease to Buyer
and/or Buyer's Agents, the 50,400 square foot paved parking area during the
term of escrow_ The lease term shall commence on approximately June 1,
2002 and shall expire upon the Close of Escrow_ Buyer shall pay Seller a
monthly rental payment equal to $6,048.00 (approximately $0.12 per square
foot) for said parking lot. Buyer shall not interfere with Seller's demolition of the
existing structures-. -
As before, the Letter of Intent is non -binding and merely delineates the proposed terms
and conditions of the transaction contemplated by the parties. The Redevelopment
Agericy and the City of Vernon awaits your response to both Letters of .Intent presented
to Seller dated August 6, 2001-
Sincerely,
Travers McKinney Realty Corporation
d.b.a_ McKinney Travers - ONCOR international
Philip T. Attalla John J. Whalen
Senior Broker Senior Broker
cc: Mr. Bruce Malkenhorst, City administrator
Mr. Eduardo .Olivo, City Attorney
PrAM801rcltneast saTirm
OfAces In 180 Cates • United Stag AtWkL SetgtUan. CCn0CC!L Czech Repubria Donmortc. FrancB, Germany, Hong KDrtg. Japan. The Nethadcnds, Sweden, United Kingdom
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 Administrator / City Clerk
FAX (323) 581-7924
City Council
City of Vernon
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
January 20, 1999
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
We have been utilizing the consulting services of McKinney
Travers • Oncor International for Real Estate Consulting and
Representation Services. At this time, it is recommended that we
continue to use the services of McKinney Travers • Oncor
International.
Attached herewith is Amendment No. Two to the Confidential
Agreement for Real Estate Consulting and Representation Services
with McKinney Travers • Oncor International. This Amendment
extends their original Agreement, dated August 5, 1997, with
terms that their services be reviewed on a monthly basis with a
termination notice of 30 days for both parties.
The City Attorney's office has reviewed the Amendment, and it is
hereby recommended that Amendment No. Two be approved and
executed.
Very truly yours,
v. #41�1
e V. Malken
City Clerk
BVM:rcw
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 Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
February 3, 1999
Mr. Philip T. Attalla
McKinney Travers • Oncor International
2833 Leonis Blvd., Suite 311
Vernon, CA 90058
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Re: Our File Nos. RDA 99-001 & C/C 99-002
Amendment No. Two to the Confidential Agreement
For Real Estate Consulting and Representation Services
Dear Phil:
Enclosed, for your records, is a fully executed duplicate original of
the above referenced Amendment which was approved by City Council
through Resolution No. 7264 and the Redevelopment Agency through
Resolution No. RA-137 on January 26, 1999.
An original is being retained by this office for our files.
Veryltruly yoY/z
40
`Chief Depu`y City Clerk
i
GJO:rcm
Enclosure
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RESOLUTION NO. RA-137
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF VERNON
APPROVING AND AUTHORIZING THE EXECUTION OF
AMENDMENT NO. TWO 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 • ONCOR International ("Consultant");
and
WHEREAS, the Agency, by adoption of Resolution No. RA-134
on September 8, 1998, extended the expiration date of the
Agreement to December 31, 1998; and
WHEREAS, Agency and Consultant desire to extend the term
of the Agreement indefinitely on a month -to -month basis, subject
to termination without cause by any party upon notice to the
other; and
WHEREAS, the parties further desire to clarify terms of
the Agreement respecting CONSULTANT's right to compensation in the
event CITY or AGENCY acquires property by condemnation or under
threat of condemnation.
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.
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SECTION 2: The Agency hereby approves Amendment No. Two
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.
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 26th day of January, 1999.
iY,EONIS C. MA BURG, Chairman
ATTE� �-
BRUCE V. MALKENHORST, Secretary
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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-137, 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, January 26, 1999, and thereafter
was duly signed by the Chairman of the Agency of the City of
Vernon.
BRUCE V. MALKENHORST, Secretary
(SEAL)
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THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON
4305 Santa Fe Avenue, Vernon, California 90058 (323) 583-8811 FAX (323) 581-7924
March 22, 2001
Via Facsimile and U. S. Mail
Philip T. Attalla
McKinney Travers • Oncor .
2833 Leonis Blvd., Suite 311
Vernon, California 90058-0805
Re: Thirty Day Notice for Termination of Services
Dear Mr. Attalla:
According to Section 2 of the Confidential Agreement for Real Estate Consulting
and Representation Services (the "Agreement"), the term of the Agreement "shall continue for a
period of twelve (12) months, subject to Vernon and Agency's right to terminate the services
provided for herein, on thirty (30) days written notice." Given your reluctance to amend this
agreement so that McKinney Travers • Oncor would no longer serve as an exclusive broker on
behalf of the City of Vernon Redevelopment Agency (the "Agency") , the Agency has no choice
but to terminate the Agreement. Please be advised that this letter should be considered the thirty
(30) days written notification consistent with the requirements of Section 2 of the Agreement.
Very truly yours,
G/
Bruce V. Malkenhorst
Executive Director
DIRECTORS: Leonis C. Malburg, Chairman; Thomas A. Ybarra, Vice Chairman; Wm. "Bill" Davis, Director
H. `Larry" Gonzales, Director, W. Michael McCormick, Director EXECUTIVE DIRECTOR/SECRETARY
Bruce V. Malkenhorst LEGAL COUNSEL Eduardo Olivo