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HomeMy WebLinkAboutReso - CC - 065-1963RESOLUTION NO. 65 - 63 AUTHORIZING EXECUTION OF AN AGRIEMENT MODIFYING . THE AGREEMENT FOR. SPECIAL PLANNING AND ADVISORY SERVICES DATED JANUAP.Y 7 1952 RESOLVED, by the City Council of the City of Burlingame, California, that: A third agreement modifying the agreement for special planning and advisory services dated January 7, 1952, be entered into with GEORGE A. MANN as set forth in the modification of agreement attached hereto, incorporated herein and made a part hereof. PESOLVED, FURTHER, that the City Manager be, and he is hereby, authorized for and on behalf of the City of Burlingame and the City Council to execute said agreement, and that the same be attested by the City Clerk. I, Herbert K. White, City Clerk, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 5th day of August, 1963, and adopted thereafter by the following vote: Ayes: Councilmen: Crosby -George -Johnson -Lorenz -Martin. Noes: Councilmen: None Absent Councilmen: None White - MODIFICATION OF AGREEMENT FOR SPECIAL PLANNING AND ADVISORY SERVICES DATED JANUARY 7, 1952 1. PARTIES. The parties to this Modification Agreement are: CITY OF BURLINGAME, a municipal corporation, hereinafter referred to as 'CITY", and GEORGE A. MANN, hereinafter re- ferred to as "MANN". 2. RECITALS. This Modification Agreement is made with reference to the following facts: a. The parties entered into a written agreement dated January 7, 1952, wherein CITY employed MANN to furnish cer- tain special planning advisory services upon a part time basis at a compensation of $50.00 per month, which compen- sation was increased from time to time. b. The parties entered into a written modification of said Agreement dated September 19, 1960, wherein MANN agreed to perform additional services for CITY in the field of en- forcement of zoning laws and ordinances, and wherein CITY agreed to pay MANN the sum of $5,000.00 per annum, commencing as of September 1, 1960, in twelve equal monthly installments as compensation for services to be rendered by him under the terms of said written Agreement dated January 7, 1952, and for the further services to be rendered by him under the terms of said written modification agreement dated Septem- ber 19, 1960. c. The parties entered into a second written modifica- tion of said Agreement dated August 6, 1962, wherein MANN agreed to furnish office space, office furniture and tele- phone and wherein CITY agreed to pay to MANN the sum of $100.00 per month as long as the same were furnished, and wherein CITY agreed further to pay to MANN the sum of $700.00 - 1 - per month as compensation for services to be rendered by him under the terms of said written agreement and the writ- ten modification thereof. d. CITY presently furnishes office space, office fur- niture and telephone to MANN. e. MANN presently uses his personal automobile in the performance of said agreement and the modifications thereof. f. CITY desires to increase MANN's compensation for services to be rendered by MANN, pursuant to said written Agreement and said written modifications thereof, and also to reimburse MANN for automobile expense incurred by him in the use of his personal automobile in the performance of said agreement. 3. COVENANTS. a. CITY agrees to pay to MANN the sum of $750.00 per month, commencing on August 5, 1963, as compensation for ser- vices to be rendered by him under the terms of said written Agreement and the written modifications thereof. b. CITY agrees to pay to MANN the further sum of $25.00 per month, commencing on August 5, 1963, as automobile ex- pense as long as he continues to use his personal automobile in the performance of services under the terms of said writ- ten Agreement and the written modifications thereof. c. Said Agreement dated January 7, 1952, and said writ- ten modifications dated September 19, 1960, and August 6, 1962, respectively, are hereby ratified and confirmed in all respects except as the same are modified by this third Modi- fication Agreement. - 2 - IN WITNESS WHEREOF, CITY has caused this agreement to be executed in duplicate in its corporate name on its be- half by its duly authorized officers this VA day of August, 1963. CITY OF BURLINGAME, a Municipal Corporation By City Manager ,GEORGE A. MANN ATTEST: City Clerk 3