Resolution No. 97171
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RESOLUTION NO. 9717 '
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. SIX 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, approving and authorizing the
execution of a Consulting Agreement (the "Agreement") with Joseph E.
Furnish ("Furnish") and Lake Street Associates, Inc. ("Lake Street"),
as amended by Resolution Nos. 8623, 8917, 9152, 9466 and 9583 adopted
on December 15, 2004, December 7, 2005, October 18, 2006, November 6,
20'07 and April 7, 2008, respectively, 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 from November 17,
2008 through and including November 17, 2009, under the same terms and
conditions of the Agreement; and
WHEREAS, City staff have recommended that a sixth 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 to November 17, 2009.
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
ifinds and determines that the recitals contained hereinabove are true
1 and correct.
2 SECTION 2: The City Council of the City of Vernon hereby
3 approves the Amendment No. Six to Consulting Agreement with Joseph E.
4 Furnish and Lake Street Associates, Inc., a copy of which is attached
5 hereto as Exhibit A and incorporated by reference.
6 SECTION 3: The City Council of the City of Vernon hereby
7 authorizes the Mayor or Mayor Pro-Tem to execute said Amendment for,
8 and on behalf of, the City of Vernon and the City Clerk is hereby
9 authorized to attest thereto.
10 SECTION 4: The City Council of the City of Vernon hereby
11 directs the City Clerk, or her designee, to send one fully executed
12 Amendment to:
13 Joseph E. Furnish, President
Lake Street Associates, Inc.
14 440 Western Avenue, Suite 202
15 Glendale, CA 91201
16 SECTION 5: The City Clerk of the City of Vernon shall
17 certify to the passage of this resolution, and thereupon and
18 thereafter the same shall be in full force and effect.
19 APPROVED AND ADOPTED this 6th day of October, 2008.
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21
Leonis C. Malburg
22 Name::
23 Title: Mayor / 44a-�-Pa--Tle«
24 ATTE T:
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26 MA UELA GIRON, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9717, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, October 6, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIRON, , ity Clerk
- 3 -
EXHIBIT A
,
AMENDMENT NO. SIX TO CONSULTING AGREEMENT
This Amendment No. Six to Consulting Agreement (the "Amendment") executed
this 6t" day of October, 2008, 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,
2009; 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, 2008
through November 17, 2009, 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 Amendx
executed by and through their authorized officers on the date, month an
written above.
ATTEST:
MANUELA GIRON, City Clerk
APPROVED AS TO FORM:
JEFF A. HARRISON, City Attorney
City of Vernon
By:
LEONIS C. MALBURG
Mayor
Joseph E. Furnish, a Sole Proprietor
By: ( i & Z<-2 - 61 r��-7
SEPH E. F
L Street crates,
By:
Name: Joseph E Furnish
Title: esident
By:
Name: Joseph E Furnish
Title: Secretary
N
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 21, 2008
Joseph E. Furnish, President
Lake Street Associates, Inc.
440 Western Avenue, Suite 202
Glendale, CA 91201
Re: Consulting Agreement - Amendment No. 6
Dear Mr. Furnish:
Transmitted herewith is a fully executed amendment as referenced
above, approved by City Council on October 6, 2008, through Resolution
No. 9717.
If you have any questions regarding this matter, please call Mr. Jeff
Harrison at (323) 583-8811 ext. 173.
Very truly yours,
Ze 1 N(G3 n
City Clerk
NG:dr
c: Sharon Duckworth
Purchasing Department
Resolution No. 9717
Agreement File No. 08-097
Exclusively Industrial
AMENDMENT NO. SIX TO CONSULTING AGREEMENT
This Amendment No. Six to Consulting Agreement (the "Amendment") executed
this 6th day of October, 2008, 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,
2009; 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, 2008
through November 17, 2009, 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.
ATTEST:
ANUELA GIRO , Cit -Clerk
APPROVED AS TO FORM:
A,---
JEFVj/HjSON, City Attorney
City of Vernon
13' s d
ONIS C. MWBURG
Mayor
Joseph E. Furnish, a Sole Pro ietor
By:
O EPH E. FU
e Street As ociates, n .
By:
Na Joseph E. Furnish
Title: Pre ident
By:
Name: Joseph E. Furnish
Title: Secretary
2
Of
COPY
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
RECEIVED
September 8, 2009
S E P 0 9 2009
CITY CLERK'S OFFICE
Mr. Joseph E. Furnish, President
Lake Street Associates, Inc.
440 Western Avenue, Suite 202
Glendale, California 91201
Subject: Notice of Non -Renewal
Dear Mr. Furnish:
We refer to Amendment No. Six to Consulting Agreement executed on October 6, 2008,
by and among the City of Vernon, Joseph E. Furnish and Lake Street Associates, Inc.,
4400 Western Avenue, Suite 202, Glendale, CA 91201. Please accept this letter as our
formal notice to you that we will not be renewing the Agreement effective November 17,
2009.
I would like to personally thank you for all of your work on behalf of the City.
Very truly yours,
Donal O'Callaghan
City Administrator
DO:rmt
cc: Larry Wiener
Nelly Giron
ErcCusiveCy Industrial