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Resolution No. 8917 ? 1 RESOLUTION NO. 8917 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. TWO TO CONSULTING AGREEMENT BY AND BETWEEN THE CITY OF VERNON, JOSEPH E. FURNISH AND LAKE STREET ASSOCIATES, INC. 5 6 7 WHEREAS, on November 17, 2004, the City Council of the City 8 of Vernon adopted Resolution No. 8602, as amended by Resolution No. 9 8623 adopted on December 15, 2004, approving and authorizing the 10 execution of a Consulting Agreement (the "Agreement") with Joseph E. 11 Furnish ("Furnish") and Lake Street Associates, Inc. ("Lake Street") 12 for consulting services to assist the City in the acquisition and/or 13 sale of industrial real estate in the City ("Land Acquisition 14 Program"); and 15 WHEREAS, Furnish is the President of Lake Street; and 16 WHEREAS, the City, Furnish and Lake Street desire to amend 17 the Agreement to extend the term of the Agreement through and including 18 November 17, 2006, under the same terms and conditions of the 19 Agreement; and 20 WHEREAS, City staff have recommended that a second amendment 21 to the Agreement with Furnish and Lake Street be approved and executed 22 to extend the term of the Agreement for an additional twelve (12) 23 months, or November 17, 2006. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: 25 CITY OF VERNON AS FOLLOWS 26 SECTION 1: The City Council of the City of Vernon hereby 27 finds and determines that the recitals contained hereinabove are true 28 and correct. 19 20 21 22 23 24 25 26 27 28 - " 1 SECTION 2: The City Council of the City of Vernon hereby 2 approves the Amendment No. Two to Consulting Agreement with Joseph E. 3 Furnish and Lake Street Associates, Inc., a copy of which is attached 4 hereto as Exhibit A and incorporated by reference. 5 SECTION 3: The City Council of the City of Vernon hereby 6 authorizes the Mayor to execute said Amendment for, and on behalf of, 7 the City of Vernon and the Acting City Clerk is hereby authorized to 8 attest thereto. 9 SECTION 4: The City Council of the City of Vernon hereby 10 directs the City Clerk, or his designee, to send one fully executed 11 Amendment to: 12 Joseph E. Furnish, President Lake Street Associates, Inc. 4100 West Alameda Avenue, Suite 103 Burbank, CA 91505 13 14 15 SECTION 5: The City Clerk of the City of Vernon shall 16 certify to the passage of this resolution, and thereupon and 17 thereafter the same shall be in full force and effect. 18 APPROVED AND ADOPTED this 7th day of December, 2005. ~"d~~. ~E NIS C. MALBUR , -Mayor '--- ATTEST'g BRUCE V. MALKENHORST, JR. Acting City Clerk - 2 - 1 STATE OF CALIFORNIA 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 ss COUNTY OF LOS ANGELES Vernon, do hereby certify that the foregoing Resolution, being I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Resolution No. 8917, 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 7, 2005, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, JR. Acting City Clerk (SEAL) 27 28 - 3 - EXHIBIT A AMENDMENT NO. TWO TO CONSULTING AGREEMENT This Amendment No. Two to Consulting Agreement (the "Amendment") executed this 7th day of December, 2005, 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, Furnish and Lake Street are parties to a Consultant Agreement dated November 17,2004, as amended (hereinafter referred to as the "Agreement") under which Furnish and Lake Street were 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, Furnish and Lake Street desire to amend the Agreement to extend the term of the Agreement for another year, through and including November 17, 2006; and WHEREAS, Item 14.d of the Agreement provides for amendments and modifications to the Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The term ofthe Agreement shall be extended from November 17, 2005 through November 17, 2006, with an option to renew said Agreement on a year-to-year basis on the same terms and conditions as prescribed in the Agreement, subject to City's right to terminate the services provided for herein on thirty (30) days written notice. 2. In all other respects, the terms and conditions of the Agreement shallbe renewed in its entirety. /1/ /1/ /1/ 1/1 1/1 /1/ 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. City of Vernon By: LEONIS C. MALBURG Mayor ATTEST: BRUCE V. MALKENHORST, JR. Acting City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney Joseph E. Furnish, a Sole Proprietor By: JOSEPH E. FURNISH Lake Street Associates, Inc. By: Name: Title: By: Name: Title: 2 SUPPORTING DOCUMENTS '"' " AMENDMENT NO. TWO TO CONSULTING AGREEMENT This Amendment No. Two to Consulting Agreement (the "Amendment") executed this ih day of December, 2005, 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 A venue, Suite 103, Burbank, CA 91505. WHEREAS, the City, Furnish and Lake Street are parties to a Consultant Agreement dated November 17, 2004, as amended (hereinafter referred to as the "Agreement") under which Furnish and Lake Street were to pr:ovide consulting services to assist the City in the acquisition and/or sale of industrial real estate in the City; and WHEREAS, the City, Furnish and Lake Street desire to amend the Agreement to extend the term of the Agreement for another year, through and including November 17, 2006; and WHEREAS, Item 14.d of the Agreement provides for amendments and modifications to the Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The term of the Agreement shall be extended from November 17, 2005 through November 17,2006, with an option to renew said Agreement on a year-to-year basis on the same terms and conditions as prescribed in the Agreement, subject to City's right to terminate the services provided for herein on thirty (30) days written notice. 2. In all other respects, the terms and conditions ofthe Agreement shall be renewed in its entirety. 1/1 1/1 11/ III 1/1 1/1 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. ATIE~ ~ BRUCE V. MALKENHORST, JR. Acting City Clerk APPROVED AS TO FORM: ERIS:FRE~ttomeY City of Vemon B~-~~~J. F:ONIS C. MAL URG Mayor By: By. ~.InC' /' Name: vosVJI /i._ fi,dp/'S/-I- Title: f7tt--z..J,',o $ ~ V- S fU;,/Z-'~V?l-- rur By: Name: Title: 2