Resolution No. 91521
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RESOLUTION NO. 9152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. THREE TO CONSULTING AGREEMENT BY
AND BETWEEN THE CITY OF VERNON, JOSEPH E. FURNISH
AND LAKE STREET ASSOCIATES, INC.
WHEREAS, on November 17, 2004, the City Council of the City
of Vernon adopted Resolution No. 8602, as amended by Resolution Nos.
8623 and 8917 adopted on December 15, 2004 and December 7, 2005,
respectively, approving and authorizing the execution of a Consulting
Agreement (the "Agreement") with Joseph E. Furnish ("Furnish") and
Lake Street Associates, Inc. ("Lake Street") 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; and
WHEREAS, the City, Furnish and Lake Street desire to amend
the Agreement to extend the term of the Agreement through and including'
November 17, 2006, under the same terms and conditions of the
[Agreement; and
WHEREAS, City staff have recommended that a third amendment
to the Agreement with Furnish and Lake Street be approved and executed
to extend the term of the Agreement for an additional twelve (12)
months, or November 17, 2007.
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
land correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. Three to Consulting Agreement with Joseph
E. Furnish and Lake Street Associates, Inc., a copy of 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 Acting City Clerk is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the Acting 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 Acting 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 18th day of October, 2006.
(ATTEST:
IBRUCE(V. MALKENHORST, JR.
Acting` ity Clerk
EON 7SC�.MAMRG�,a�yor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9152, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, October 18, 2006, and thereafter was duly signed by the
Mayor of the City of Vernon.
(SEAL)
I
BRUCE V LKENHORST, JR.
Acting ity Clerk
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EXHIBIT
A
1
AMENDMENT NO. THREE TO CONSULTING AGREEMENT
This Amendment No. Three to Consulting Agreement (the "Amendment")
executed this 18t' day of October, 2006, 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,
2007; and
WHEREAS, Item 14.d of the Agreement provides for amendments and
modifications to the Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. The term of the Agreement shall be extended from November 17, 2006
through November 17, 2007, 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 shall be
renewed in its entirety.
Q
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, JR.
Acting City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
City of Vernon
By:
LEONIS C. MALBURG
Mayor
e Street C.
By:
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
November 8, 2006
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
Joseph E. Furnish, President
Lake Street Associates, Inc.
4100 West Alameda Avenue, Suite 103
Burbank, CA 91505
Re: Consulting Agreement
Dear Mr. Furnish:
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
Transmitted herewith is a fully executed agreement as referenced
above, approved by City Council on October 18, 2006, through
Resolution No. 9152.
If you have any questions regarding this matter, please call Mr. Bruce
Malkenhorst, Jr. at (323) 583-8811 ext. 225.
Very truly yours,
el Gi on
Deputy City Clerk
NG:dr
c: Dolores Jaunzemis
Resolution No. 9152
Agreement File No. 06-118
'Excluwdo WOU00,41
AMENDMENT NO. THREE TO CONSULTING AGREEMENT
This Amendment No. Three to Consulting Agreement (the "Amendment")
executed this 18th day of October, 2006, 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,
2007; 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, 2006
through November 17, 2007, 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 shall be
renewed in its entirety.
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.
ATTE
BRUC MALKENHORST, JR.
Acting City Clerk
APPROVED AS TO FORM:
ERIC T. FRE CH, City Attorney
City of Vernon
By:
�E6NIS C�MA L RG
Mayor
Joseph E. Fu Proprietor
By:
SEPH EITRP41SH
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By:
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