Resolution No. 86231
2
3
4
5
Cl
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO CONSULTING AGREEMENT BY AND
BETWEEN THE CITY OF VERNON, JOE FURNISH AND
LAKESTREET PROPERTY
WHEREAS, on November 17, 2004, the City Council of the City
of Vernon adopted Resolution No. 8602 approving and authorizing the
execution of a Consulting Agreement (the "Agreement") with Joe Furnish
("Furnish") for consulting services to assist the City in the
acquisition and/or sale of industrial real estate in the City ("Land
Acquisition Program"); and
WHEREAS, Furnish is the President of Lake Street Associates,
Inc. ("Lake Street"); and
WHEREAS, the City and Furnish desire to amend the Agreement
to add Lake Street as a separate party to the Agreement and to clarify
the correct names and relationship of the parties to the Agreement
under the same terms and conditions of the existing Agreement; and
WHEREAS, December 14, 2004, the Finance Committee considered
the recommendation of Bruce V. Malkenhorst, the Director of Finance,
dated December 9, 2004, that an amendment to the Agreement with
Furnish be approved and executed.
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
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
approves the Amendment No. One to Consulting Agreement with Joseph E.
Furnish and Lake Street Associates, Inc., in substantially the same
form as the copy which is attached hereto as Exhibit A and
incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor to execute said Amendment for, and on behalf of,
the City of Vernon and the City Clerk is hereby authorized to attest
thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Amendment to:
Joseph E. Furnish, President
Lake Street Associates, Inc.
4100 West Alameda Avenue, Suite 103
Burbank, CA 91505
SECTION 5: 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 15th day of December, 2004.
ATTEST:
v
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALBURG, Ma or
- 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
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.
8623, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
December 15, 2004, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
AMENDMENT NO. ONE TO CONSULTING AGREEMENT
This Amendment No. One to Consulting Agreement (the "Amendment")
executed this 15`b day of December, 2004, is entered into and executed in duplicate
originals, either copy of which may be considered and used as the original hereof for all
purposes, by and among the City of Vernon ("the City"), Joseph E. Furnish ("Furnish")
and Lake Street Associates, Inc. ("Lake Street"), 4100 West Alameda Avenue, Suite 103,
Burbank, CA 91505.
WHEREAS, the City and Furnish are parties to a Consultant Agreement dated
November 17, 2004 (hereinafter referred to as the "Agreement") under which Furnish
was to provide consulting services to assist the City in the acquisition and/or sale of
industrial real estate in the City; and
WHEREAS, the City and Furnish desire to amend the Agreement to add Lake
Street as a separate party to the Agreement and to clarify the correct names and
relationship of the parties to the Agreement; and
WHEREAS, Furnish is the President of Lake Street; and
WHEREAS, Item 14.d of the Agreement provides for amendments and
modifications to the Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. All references in the Agreement to "Joe Furnish" are hereby amended to
read as follows: Joseph E. Furnish.
2. Lake Street Associates, Inc. ("Lake Street"), whose address is 4100 W.
Alameda Avenue, Suite No. 103, Burbank, CA 91505, is hereby added as a party to the
Agreement and all references in the Agreement to "Furnish" shall be amended to read as
follows: Furnish and Lake Street.
3. Lake Street hereby accepts and agrees to assume, perform, comply with
and to be bound by all of the terms, covenants, provisions and conditions of the
Agreement to be performed as of the date hereof.
4. In all other respects, the terms and conditions of the Agreement shall be
renewed in its entirety.
FIZA
IN WITNESS WHEREOF, the parties have caused this Amendment to be
executed by and through their authorized officers on the date, month and year first
written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
City of Vernon
By:
LEONIS C. MALBURG
Mayor
Joseph E. Furnish, a Sole Proprietor
IM
By:_
Name:
Title:
By:
Name:
Title:
JOSEPH E. FURNISH
Lake Street Associates, Inc.
K
AMENDMENT NO. ONE TO CONSULTING AGREEMENT
This Amendment No. One to Consulting Agreement (the "Amendment")
executed this 15th day of December, 2004, is entered into and executed in duplicate
originals, either copy of which may be considered and used as the original hereof for all
purposes, by and among the City of Vernon ("the City"), Joseph E. Furnish ("Furnish")
and Lake Street Associates, Inc. ("Lake Street"), 4100 West Alameda Avenue, Suite 103,
Burbank, CA 91505.
WHEREAS, the City and Furnish are parties to a Consultant Agreement dated
November 17, 2004 (hereinafter referred to as the "Agreement") under which Furnish
was to provide consulting services to assist the City in the acquisition and/or sale of
industrial real estate in the City; and
WHEREAS, the City and Furnish desire to amend the Agreement to add Lake
Street as a separate party to the Agreement and to clarify the correct names and
relationship of the parties to the Agreement; and
WHEREAS, Furnish is the President of Lake Street; and
WHEREAS, Item 14.d of the Agreement provides for amendments and
modifications to. the Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
L ' All references in the Agreement to "Joe Furnish" are hereby amended to
read as follows: Joseph E. Furnish.
2. Lake Street Associates, Inc. ("Lake Street"), whose address is 4100 W.
Alameda Avenue, Suite No. 103, Burbank, CA 91505, is hereby added as a party to the
Agreement and all references in the Agreement to "Furnish" shall be amended to read as
follows: Furnish and Lake Street.
3. Lake Street hereby accepts and agrees to assume, perform, comply with
and to be bound by all of the terms, covenants, provisions and conditions of the
Agreement to be performed as of the date hereof.
4. In all other respects, the terms and conditions of the Agreement shall be
renewed in its entirety.
1
IN WITNESS WHEREOF, the parties have caused this Amendment to be,
executed by and through their authorized officers on the date, month and year first
written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
City of Vernon
.�� EONIS C. MAL URG
Mayor
Jo� h E. Furnish, a Sole ietor
By:
SEPH E. FURNI
Lake Street Asso ' ems, Inc.
By:
Name:
Title:.e/Z £f';0 £ ti C JNW 74 f2�.
By:
Name:
2