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HomeMy WebLinkAbout2006 CON CDC Falkenberg/Gilliam - Morgan & Kimball TowersFIRST AMENDMENT TO AGREEMENT (Morgan Tower) This First (1st) Amendment to Agreement is made and entered into this 4th day of April, 2006, by and between the Community Development Commission of the City of National City (the "Owner") and Falkenberg/Gilliam & Associates, Inc. (the "Agent"). RECITALS A. The Owner and the Agent entered into an Agreement dated October 5, 1999, entitled "Morgan Tower Management Agreement" (the "Agreement")., wherein the Owner appointed the Agent as exclusive agent for the management of the Owner's property known as Morgan Tower. B. The term of said Amendment to said Agreement expired October 4, 2003, and the Owner and the Agent desire to reinstate the Agreement for a six- month period beginning April 4, 2006 and ending October 6, 2006. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the Owner and the Agent hereby agree as follows: That Section 26 of the Agreement is amended to read as follows: 26. Term of Agreement. The Agreement dated October 5, 1999 is hereby reinstated. The term of this Agreement shall be from April 4, 2006 to October 3, 2006. This Agreement is subject to the following conditions: a. This Agreement will not be binding upon the Parties until executed by representatives authorized to enter into binding contracts on behalf of the respective Parties_ With the foregoing exception, each and every provision of the Agreement dated October 5, 1999, shall remain in full force and effect. Morgan Tower First Amended Agreement Page 2 IN WITNESS WHEREOF, the Principal Parties, by their duly authorized officers, have executed the Agreement on the date first above written. OWNER: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: WITNESS: APPROVED AS TO FORM George H. Eiser, 11I City Attorney AGENT: FALKENBERG/GILLIAM & ASSOCIATES, INC. By: Title: PAS I.1)EN T By: Title: A c_`t i r, S e c r r FIRST AMENDMENT TO AGREEMENT (Kimball Tower) This First (1st) Amendment to Agreement is made and entered into this 4th day of April, 2006, by and between the Community Development Commission of the City of National City (the "Owner") and Falkenberg/Gilliam & Associates, Inc. (the "Agent"). RECITALS A. The Owner and the Agent entered into an Agreement dated October 5, 1999, entitled "Kimball Tower Management Agreement" (the "Agreement"), wherein the Owner appointed the Agent as exclusive agent for the management of the Owner's property known as Kimball Tower. B. The term of the Amendment to said Agreement expired October 4, 2003, and the Owner and the Agent desire to reinstate the Agreement for a six- month period beginning April 4, 2006 and ending October 3, 2006. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the Owner and the Agent hereby agree as follows: That Section 26 of the Agreement is amended to read as follows: 26. Term ofAgreement. The Agreement dated October 5, 1999 hereby reinstated. The term of this Agreement shall be from April 4, 2006 to October 3, 2006. This Agreement is subject to the following conditions: a. This Agreement will not be binding upon the Parties until executed by representatives authorized to enter into binding contracts on behalf of the respective Parties. With the foregoing exception, each and every provision of the Agreement dated October 5, 1999, shall remain in full force and effect. Kimball Tower First Amended Agreement Page 2 IN WITNESS WHEREOF, the Principal Parties, by their duly authorized officers, have executed the Agreement on the date first above written. OWNER: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: WITNESS: By: APPROVED AS TO FORM George H. Eiser, Ill City Attorney AGENT: FALKENBERG/GILLIAM & ASSOCIATES, INC. Title: f g--ES (L/`)'% By: C¢.A..—e.. Title: fi 01- ., Sec r ..-`f Q r. v RESOLUTION NO. 2006 — 65 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE REINSTATEMENT AND EXTENSION OF THE AGREEMENT WITH FALKENBERG/GILLIAM & ASSOCIATES FOR THE MANAGEMENT OF KIMBALL TOWER AND THE MANAGEMENT OF MORGAN TOWER WHEREAS, the Community Development Commission entered into separate agreements in 1999 with Falkenberg/Gilliam & Associates for the management of Kimball Tower and Morgan Tower; and WHEREAS, the terms of the original agreements expired in October 2003. Falkenberg/Gilliam & Associates has continued to perform management services for Kimball and Morgan Towers since that time; and WHEREAS, in his capacity as the new Executive Director of CDC, the City Manager desires to evaluate the management of these two CDC -owned facilities; and WHEREAS, it is recommended that the original agreements with Falkenberg/Gilliam & Associates be extended for a period of 6 months to provide the City Manager sufficient time for the evaluation process. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a First Amendment to the Agreement with Falkenberg/Gilliam & Associates for the Management of Kimball Tower and Morgan Tower. Said Amendment is on filein the Office of the City Clerk. PASSED and ADOPTED this 4th day of April, 2006. Nick In : airman ATTEST: ChZap g , xecutive Director APPROVED AS TO FORM: g010-** George H. Eiser, III Legal Counsel Passed and adopted by the Community Development Commission of National City, California, on April 4, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Natividad, Parra, Zarate. Nays: None. Absent: Morrison. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Chairman Community Development Commission Secretary munitpment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-65 of the Community Development Commission of the City of National City, California on April 4, 2006. Secretary Community Development Commission By: Deputy MEETING DATE April 4, 2006 City of National City, California COUNCIL AGENDA STATEMENT 16 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH FALKENBERG/GILLIAM & ASSOCIATES TO REINSTATE THE AGREEMENT AND EXTEND FOR 6 MONTHS THE MANAGEMENT OF KIMBALL TOWER AND THE MANAGEMENT OF MORGAN TOWER PREPARED BY EXPLANATION George H. Eiser, III Ext. 4221 DEPARTMENT City Attorney The CDC entered into separate agreements in 1999 with Falkenberg/Gilliam & Associates for the management of Kimball Tower and Morgan Tower. The terms of the original agreements expired in October 3, 2003. Falkenberg/Gilliam & Associates has continued to perform management services for Kimball and Morgan Towers since that time. In his capacity as the new Executive Director of the CDC, the City Manager desires to evaluate the management of these two CDC - owned facilities. It is recommended that the original agreements with Falkenberg/Gilliam & Associates be reinstated and extended for a period of 6 months to provide the City Manager sufficient time for the evaluation process. The proposed resolution would authorize the extension. Environmental Review X N/A Financial Statement Fees are paid out of the Rental Agency Account. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Resolution Proposed Amendments Resolution No. ay,6 _ (y C.2,Qb(, -a() A-200 (9/80) RESOLUTION NO. 2006 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE REINSTATEMENT AND EXTENSION OF THE AGREEMENT WITH FALKENBERG/GILLIAM & ASSOCIATES FOR THE MANAGEMENT OF KIMBALL TOWER AND THE MANAGEMENT OF MORGAN TOWER WHEREAS, the Community Development Commission entered into separate agreements in 1999 with Falkenberg/Gilliam & Associates for the management of Kimball Tower and Morgan Tower; and WHEREAS, the terms of the original agreements expired in October 2003. Falkenberg/Gilliam & Associates has continued to perform management services for Kimball and Morgan Towers since that time; and WHEREAS, in his capacity as the new Executive Director of CDC, the City Manager desires to evaluate the management of these two CDC -owned facilities; and WHEREAS, it is recommended that the original agreements with Falkenberg/Gilliam & Associates be extended for a period of 6 months to provide the City Manager sufficient time for the evaluation process. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a First Amendment to the Agreement with Falkenberg/Gilliam & Associates for the Management of Kimball Tower and Morgan Tower. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 4th day of April, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Executive Director APPROVED AS TO FORM: George H. Eiser, III City -CDC Attorney FIRST AMENDMENT TO AGREEMENT (Morgan Tower) This First (1st) Amendment to Agreement is made and entered into this 4th day of April, 2006, by and between the Community Development Commission of the City of National City (the "Owner") and Falkenberg/Gilliam & Associates, Inc. (the "Agent"). RECITALS A. The Owner and the Agent entered into an Agreement dated October 5, 1999, entitled "Morgan Tower Management Agreement" (the "Agreement"), wherein the Owner appointed the Agent as exclusive agent for the management of the Owner's property known as Morgan Tower. B. The term of said Amendment to said Agreement expired October 4, 2003, and the Owner and the Agent desire to reinstate the Agreement for a six- month period beginning April 4, 2006 and ending October 6, 2006. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the Owner and the Agent hereby agree as follows: That Section 26 of the Agreement is amended to read as follows: 26. Term of Agreement. The Agreement dated October 5, 1999 is hereby reinstated. The term of this Agreement shall be from April 4, 2006 to October 3, 2006. This Agreement is subject to the following conditions: a. This Agreement will not be binding upon the Parties until executed by representatives authorized to enter into binding contracts on behalf of the respective Parties. With the foregoing exception, each and every provision of the Agreement dated October 5, 1999, shall remain in full force and effect. Morgan Tower First Amended Agreement Page 2 IN WITNESS WHEREOF, the Principal Parties, by their duly authorized officers, have executed the Agreement on the date first above written. OWNER: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Nick Inzunza, Chairman WITNESS: By: Chris Zapata, Secretary AGENT: FALKENBERG/GILLIAM & ASSOCIATES, INC. By: Title: By: Title: FIRST AMENDMENT TO AGREEMENT (Kimball Tower) This First (1st) Amendment to Agreement is made and entered into this 4th day of April, 2006, by and between the Community Development Commission of the City of National City (the "Owner") and Falkenberg/Gilliam & Associates, Inc. (the "Agent"). RECITALS A. The Owner and the Agent entered into an Agreement dated October 5, 1999, entitled "Kimball Tower Management Agreement" (the "Agreement"), wherein the Owner appointed the Agent as exclusive agent for the management of the Owner's property known as KimballTower. B. The term of the Amendment to said Agreement expired October 4, 2003, and the Owner and the Agent desire to reinstate the Agreement for a six- month period beginning April 4, 2006 and ending October 3, 2006. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the Owner and the Agent hereby agree as follows: That Section 26 of the Agreement is amended to read as follows: 26. Term of Agreement. The Agreement dated October 5, 1999 hereby reinstated. The term of this Agreement shall be from April 4, 2006 to October 3, 2006. This Agreement is subject to the following conditions: This Agreement will not be binding upon the Parties until executed by representatives authorized to enter into binding contracts on behalf of the respective Parties. With the foregoing exception, each and every provision of the Agreement dated October 5, 1999, shall remain in full force and effect. Kimball Tower First Amended Agreement Page 2 IN WITNESS WHEREOF, the Principal Parties, by their duly authorized officers, have executed the Agreement on the date first above written. OWNER: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Nick Inzunza, Chairman WITNESS: By: Chris Zapata, Secretary q AGENT: FALKENBERG/GILLIAM & ASSOCIATES, INC. By: Title: By: Title: City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 May 8, 2006 Priscilla Gilliam, President Falkenberg/Gilliam & Associates, Inc. P.O. Box 7070 Pasadena, CA 91109-7070 Project: National City Community Development Commission — Management Agreement - Morgan and Kimball Towers, Resolution No. 2006-65. Dear Ms.Gilliam: On April 4, 2006, the Community Development Commission of the City of National City passed and adopted Resolution No. 2006 - 65, awarding a First Amendment to Agreement for the management of the Morgan and Kimball Towers to Falkenberg/Gilliam & Associates, Inc. We are pleased to enclose a copy of the Amendments and one certified copy of the Resolution for your records. Should you have any questions, please contact Ms. Patricia Beard, Redevelopment Projects Manager at (619) 336-4225. Michael R. Dalla City Clerk MRD Enclosure cc: CDC ® Recycled Paper