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Resolution No. 94661 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 RESOLUTION NO. 9466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. FOUR 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, 8917, and 9152 adopted on December 15, 2004, December 7, 2005 and October 18, 2006, 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 consultingservices 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 from November 17, 2007 through and including November 17, 2008, under the same terms and conditions of the Agreement and to change the address of Furnish and Lake Street; and WHEREAS, City staff have recommended that a fourth 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, 2008, and to modify the address of Furnish and Lake Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: (CITY OF VERNON AS FOLLOWS: 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 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 approves the Amendment No. Four 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 or Mayor Pro-Tem 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 her designee, to send one fully executed Amendment to: Joseph E. Furnish, President Lake Street Associates, Inc. 440 Western Avenue, Suite 202 Glendale, CA 91201 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 6th day of November, 2007. ATTEST: MANUELA GIRON, City Clerk Name: Leonis C. Malburg Title: Mayor ->'—Pga-Ye������ - 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 ) 00 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9466, 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, November 6, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) �� A(-�' AAN UELA GIRON, ity Clerk - 3 - EXHIBIT A AMENDMENT NO. FOUR TO CONSULTING AGREEMENT This Amendment No. Four to Consulting Agreement (the "Amendment") executed this 6h day of November, 2007, 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"), 440 Western Avenue, Suite 202, Glendale, CA 91201. 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, 2008 and to change the address for Furnish and 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. The term of the Agreement shall be extended from November 17, 2007 through November 17, 2008, 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. The new address for Furnish and Lake Street is 440 Western Avenue, Suite 202, Glendale, California 91201. 3. 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. ATTEST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: JEFF A. HARRISON, City Attorney City of Vernon LEONIS C. MALBURG Mayor Joseph E. Furnish, a Sole Proprietor LN By: Name: Title: By: Name: Title: JOSEPH E. FURNISH Lake Street Associates, Inc. 2 E ri 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 November 15, 2007 Joseph E. Furnish, President Lake Street Associates, Inc. 4100 West Alameda Avenue, Suite 103 Burbank, CA 91505 Re: Consulting Agreement - Amendment No. 4 Dear Mr. Furnish: Transmitted herewith is a fully executed agreement as referenced above, approved by City Council on November 6, 2007, through Resolution No. 9466. If you have any questions regarding this matter, please call Mr. Jeff Harrison at (323) 583-8811 ext. 173. Very truly yours, NelAyG�n City Clerk NG:dr c: Sharon Duckworth Resolution No. 9466 Agreement File No. 07-127 E cfusivefy Industriaf AMENDMENT NO. FOUR TO CONSULTING AGREEMENT This Amendment No. Four to Consulting Agreement (the "Amendment") executed this 6h day of November, 2007, 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"), 440 Western Avenue, Suite 202, Glendale, CA 91201. 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, 2008 and to change the address for Furnish and 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. The term of the Agreement shall be extended from November 17, 2007 through November 17, 2008, 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. The new address for Furnish and Lake Street is 440 Western Avenue, Suite 202, Glendale, California 91201. 3. 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. TTEST: MANUELA GIRON City Clerk APPROVED A'S TO FORM: , City Attorney City of Vernon By: EONIS C. MAL URG Mayor Joseph E. F ish, a Sol roprietor By: SEPH E. H By:_ Name: Title: By:_ Name: Title: 2 Lake Street Associates, Inc. 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