Resolution No. 8664
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RESOLUTION NO. 8664
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO THE EXCLUSIVE MARKETING
AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
KEARNY REAL ESTATE COMPANY IN CONNECTION WITH REAL
ESTATE HELD BY THE CITY OF VERNON
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8 WHEREAS, on October 6, 2004, the City Council of the City of
9 Vernon adopted Resolution No. 8560 approving an Exclusive Marketing
10 Agreement (the "Agreement") with Kearny Real Estate Company ("Kearny")
11 to develop property located at the northeast corner of Atlantic and
12 Bandini in Vernon and at 5001 S. Soto Street in the City of Vernon
13 (collectively the "Property") in connection with the industrial
14 development program in the City; and
15 WHEREAS, on February 2, 2005, the Finance Committee
16 considered the recommendation of Bruce V. Malkenhorst, the Director of
17 Finance, dated January 27, 2005, that an amendment to the Agreement
18 with Kearny to renew the Agreement on a month-to-month basis subject
19 to 30-days notice to terminate be approved and executed; and
20 WHEREAS, the City Council of the City of Vernon has
21 determined that, pursuant to the provisions of subsection (a) of
22 Section 2.27 of the Vernon City Code, it is in the public interest and
23 necessity to enter into an amendment to the Agreement with Kearny.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
25 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
27 finds and determines that the recitals contained hereinabove are true
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SECTION 2:
The City Council of the City of Vernon hereby
2 approves the Amendment No. One to the Exclusive Marketing Agreement
3 with Kearny Real Estate Company, in substantially the same form as the
4 copy which is attached hereto as Exhibit A and incorporated by
5 reference.
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SECTION 3:
The City Council of the City of Vernon hereby
7 authorizes the Mayor to execute said Agreement for, and on behalf of,
8 the City of Vernon and the City Clerk is hereby authorized to attest
9 thereto.
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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:
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Kearny Real Estate Company
Attn. Robert Arron, Vice President
1900 Avenue of the Stars, #320
Los Angeles, CA 90067
SECTION 5:
The City Clerk of the City of Vernon shall
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certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 2nd day of February, 2005.
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ATTEST:
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BRU~E V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8664, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, February 2,
2005, and thereafter was duly signed by the Mayor of the City of
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Vernon.
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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A
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AMENDMENT NO. ONE TO THE EXCLUSiVE
MARKETING AGREEMENT
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THIS AMENDMENT NO. ONE TO THE EXCLUSIVE MARKETING AGREEMENT
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(this "Amendment") is made, entered into and executed in duplicate
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originals, either copy of which may be considered and used as the
original hereof for all purposes, as of this 2nd day of February,
2005, in the City of Vernon, County of Los Angeles, California
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BY AND BETWEEN
THE CITY OF VERNON
(hereinafter referred to as
the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
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AND
KEARNY REAL ESTATE COMPANY
(hereinafter referred to as
"Kearny" )
1900 Avenue of the Stars, #320
Los Angeles, CA 90067
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RECITALS
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WHEREAS, the City and Kearny are parties to an Exclusive
Marketing Agreement (the "Agreement") dated October 6, 2004, wherein
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Kearny is developing property located at the northeast corner of
Atlantic and Bandini in Vernon and at 5001 S. Soto Street in the City
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of Vernon (collectively the "Property"); and
WHEREAS, the City and Kearny desire to amend the
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Agreement to extend the term on a month-to-month, basis, subject to
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30-days notice to terminate, and to modify any terms and conditions
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as deemed necessary.
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NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
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SECTION 1:
Commencing February 4, 2005, Section 1 of
1 the Agreement is amended to read as follows:
2 "1. Term. This Agreement shall be on a month-to-month
3 basis from February 4, 2005, subject to termination by either party on
4 thirty (30) days written notice to the other."
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7 SECTION 3: Approval by City. This Amendment shall be
8 executed by a duly authorized representative of City following
9 approval of the terms of this Amendment by City in accordance with
10 City policies and procedures.
11 SECTION 4: Remainder of Agreement. Except as specifically
12 modified herein, all terms and conditions of the Agreement are
13 unmodified and remain in full force and effect, and are hereby
14 ratified by the parties.
15 SECTION 5: Entire Agreement. The provisions of this
16 Amendment shall constitute the entire agreement of the parties hereto
17 with respect to the subject matter included in this Amendment and
18 shall supercede any other agreement, understanding or arrangement,
19 whether written or oral, between the parties with respect to the
20 subject matter of this Amendment.
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IN WITNESS WHEREOF, the parties have caused this Amendment
No. One to be executed by and through their authorized officers on the
date, month and year first written above.
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
KEARNY REAL ESTATE COMPANY
By:
Robert Arron
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CITY ATTORNEY'S OFFICE
~ INTER-DEPARTMENT MEMORANDUM
DATE:
January 26, 2005
FROM:
Bruce V. Malkenhorst, City Administrator/City Clerk
Eric T. Fresch, City Attorney ~;'~
Renewal of Exclusive Marketing Agreement with Kearny Real
Estate Company
TO:
Re:
Dear Bruce:
I recommend that the City renew the Exclusive Marketing Agreement
with Kearny Real Estate Company on a month-to-month basis subject to
30 days notice to terminate in connection with the industrial
development program for the City. There is no change in
compensation.
I further recommend that the City Attorney be authorized to prepare
an Amendment No. One to the Exclusive Marketing Agreement for
Council approval.
I look forward to discussing this matter with you at your earliest
convenience.
EF: jl
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
Chief Executive Officer of
Light & Power
ERIC T. FRESCH
City Attorney
Finance Committee:
City of Vernon
Honorable Members:
JOHN KARNS
Karns & Karabian
General Counsel
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KEVIN WILSON
Director of Community Services & Water
STEVEN E. PARKER
Fire Chief
SOL BENUDIZ
Police Chief
LEWIS J. POZZEBON
Director of Environmental Health
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
RORY BURNETT
Gursey; Schneider & Co. LLP
City Accountant
January 27, 2005
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It is necessary that the Exclusive Marketing Agreement with Kearny
Real Estate Company be amended to change the term to a month-to-month
basis with no change in compensation. This has been reviewed by the
City Attorney and it is hereby recommended that Amendment No. One to
said agreement be approved and executed.
BVM:ng
Very truly yours,
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Bruce V. Malkenhorst
Director of Finance
"Exclusively Industrial"
CITY ATTORNEY'S OFFICE
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INTER-DEPARTMENT MEMORANDUM
DATE:
January 26, 2005
TO:
Bruce V. Malkenhorst, City Administrator/City Clerk
FROM:
Eric T. Fresch, City Attorney
Re:
Renewal of Exclusive Marketing Agreement with Kearny Real
Estate Company
Dear Bruce:
I recommend that the Cit~~~the Exclusive Marketing Agreement
with Kearny Real Estate Comp y on a month-to-month basis subject to
30 days notice to terminate in connection with the industrial
development program for the City. There is no change in
compensation.
I further recommend that the City Attorney be authorized to prepare
an Amendment No. One to the Exclusive Marketing Agreement for
Council approval.
I look forward to discussing this matter with you at your earliest
convenience.
EF:jl