The URL can be used to link to this page

Home My WebLink AboutTransfer from Steven Burt Assoc to Vintage AssociatesCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Approve Transfer of Contract Numbers from Steven Burt and Associates to Vintage Associates, Inc. SUBMITTED BY: H. Spencer Knight Landscape Manager CONTRACTOR: Vintage Associates, Inc. 78-755 Darby Road Bermuda Dunes, CA 92201 DATE: February 23, 2006 CONTENTS: Documentation of Corporate Name Change Vicinity Maps Recommendation: By minute motion, approve the transfer of contracts from Steven Burt and Associates to Vintage Associates, Inc. Executive Summary: The City of Palm Desert has current contract numbers C23620, C22861, C20992, and C23630 for landscape maintenance services and contract number C23040A for landscape construction with Steven Burt and Associates. These contracts cover Landscape Maintenance Areas (LMA) 3, 4, 5 and 6 and the Landscape and Lighting Assessment District Landscape Renovations, respectively. As of January 1, 2006 the corporate name of Steven Burt and Associates, Inc. was changed to Vintage Associates, Inc. and the previous owner, Steven Burt, sold his minority share in Steven Burt and Associates, Inc. to Gregory A. Gritters. Mr. Gritters has been with the company for over three (3) years serving as Chief Operations Officer. All other management and line personnel remain the same. Transfer Contracts from Steven Burt & Assoc to Vintage Associate, Inc. Page 2 of 2 February 23, 2006 Therefore, staff recommends that City Council, by minute motion, approve the transfer of the listed contract numbers from Steven Burt and Associates to Vintage Associates, Inc. Submitted By: H. 1Spe' cer • ht LaAdsc\•e M. ager Approval: w Omer Cro CM for De m A p ent Services Carlos Ortega City Manager /hsk/dhl Department H-a >A( rrr/ .1 1. %%/ ,..,, Mark Greenwood, P.E. Director of Public Works Paul Gibson Finance Director David Erwin City Attorney G:IPubWaks\StafReports120061February 2316 Transfer Contracts from Steven Burt to Vintage AssociateslApprove Contract Transfer.doc Message Page 1 of 1 Klassen, Rachelle From: Lee, Debra Sent: Tuesday, February 14, 2006 9:54 AM To: Klassen, Rachelle Subject: FW: last-minute staff report FYI -----Original Message ----- From: David J. Erwin [mailto:DJErwin@bbklaw.com] Sent: Tuesday, February 14, 2006 9:47 AM To: Lee, Debra Subject: RE: last-minute staff report Both the staff report and the documentation are satisfactory with me. Dave Erwin -----Original Message ----- From: dlee@ci.palm-desert.ca.us [mailto:dlee@ci.palm-desert.ca.us] Sent: Tuesday, February 14, 2006 9:19 AM To: David J. Erwin Subject: last-minute staff report Importance: High The attached staff report will require your signature. We are circulating it today. <<Approve Contract Transfer.doc>> <<Corporate Name Change Documentation Steven Burt to Vintage.pdf>> Debra Lee Administrative Secretary Department of Public Works City of Palm Desert dlee@cL palm -desert. ca. us (760) 346-0611 ext. 460 ************************************************************************************* IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment). This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. 2/14/2006 73-510 FRED WARING DiuvE PALM DESERT, CALIFORNIA 9226O-2578 TEL- 76o 346—o61I FAX: 760 341-7098 info@palm-deserc.org February 10, 2006 Gregory A. Gritters, President Vintage Associates, Inc. 78 755 Darby Road Bermuda Dunes, CA 92203 Re: Company Name Change Dear Mr. Gritters: VIA FACSIMILE TO 760-772-3674 Your letter dated December 27, 2005 announcing the corporate name change from Steven Burt and Associates to Vintage Associates, has been referred to me for response. As a result of this name change, the City Attorney has indicated to staff that the following actions need to occur to maintain the existing contracts your organization has with the City of Palm Desert: 1. The City needs a letter from Steven Burt indicating that he has sold the company to you. This letter needs to be on Steven Burt and Associates Company letterhead. 2. The existing contracts between Steven Burt and Associates and the City do not have provisions for a company name change. Therefore, it requires Council action for the continuance of the contract under the new company name. I am in the process of preparing a staff report and will attempt to have this item placed on the February 23, 2006 Council meeting agenda, even though the deadline for submission of agenda item requests for this meeting has passed. I will need to have the letter from Steven Burt as soon as possible, to attach to the staff report. Please contact me at (760) 346-0611 ext. 454 with any questions or concerns you may have. Sincerely, H_ p nce Knight Landscape Manager Cc: David J. Erwin, City Attorney Mark Greenwood, P.E., Director of Public Works Paul Gibson, Director of Finance SKldhl GAPubWorksNALPHA FILESWendorslVtnfta)02-70.06 Letter Greg Gdtters re Vintage name change SK.doc p^j Mr1D%WMees STEVEN BURT A LAX-f lPf sMADA3 . December 27, 2005 Dear Valued Client, Effectiv'6 January 1, 2006, our corporate name has been changed to Vintage Associates. The new name is a result of new ownership. Steve Burt has sold his interest is the company to me so he can pursue his ministry as pastor of Garden Fellowship. The Steven Burt and Associates landscape division name has also been changed to Vintage Landscape. The other divisions will continue doing business with their existing names: TreeRite, Vintage Nursery, TurfScapes and EventScapes. Please address all communications and payments to: Vintage Associates 78-755 Darby Road Bermuda Dunes, CA 92203 Please also be sure to notify your security personnel (for on -call help) concerning this change. Our Tax I.D. number, fax number and phones numbers remain unchanged, as do our staff and our commitment to strive for excellence. If you have any questions, please do not hesitate to contact me or Fran Mullahy at our office. We anticipate 2006 to be a great year! Sin ely, Gregory A. ers, President Vntage Associates, Inc. RECEWEID ;`;-;' x3 fWP'I F �i ,k!,), :S4.Z:i4UT,>P,,t)l.izil...i MCA �r.�20i Piii)RE #;�6M �t� ��i�i 2 SY. 1176i`) /y�,,J�7ti� 02/12/2006 23:36 7607723674 STEVENBLRT PAGE 02 October 1, 2005 To: The Board of Directors of Steven Burt and Associates, Inc rdiag: Letter of ResiguMou 1, Steven E. Bun, president- of Steven Burt and Associates Inc. (Corporation), hereby tender my resignation as an employee and Director of the effective the Is' day of October-200S.. Steven E. Burt �� r 02/12/2006 23:36 7607723674 STEVENBURT PAGE 03 RESOLUTION: ACCEPT OFFICER'S RESIGNATION RESOLVED, tbat the resignation of Steven.•E. Burt, as President of the Corporation as evidenced by a re*psdon letter to the Corporation dated October. 1, 2005" is hereby accgne&aad the Secretary of the Corporation shall notify the C�tiP t 1� r the acceptance of said resignation and to finther notify, such public notices as are necessary. The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Stem Burt and Associates, Inc, a corporation'duly formed and pirstant to the laws of the State of California and that the foregoing is a true record of a resolution duly adapted at a meetiV, of the Board of Directors, and that said meeting was held in accordance with the state law and the Bylaws of the above named Corporation on October 4, 2005, and that said -resolution is, now in full force and effect without modification or recession. IN WITNESS WFIMOF, I have executed my name q3 Secretary and have hmu " affixed the C�tir �.�� . seal ofthe above -named Corporation this 41h day of October 2005. A True Record Secretary 02/12/2006 23:36 7607723674 STEVENBURT PAGE 04 SSARE REPURCHASE AGRLT31+ MS SUMM REI" MCHAST A,GRE AMT ("A.Sreement') is pale .and entered into as of . the 1st day of October 2W5, by and amon6the shareholdern of Steven Burt & Associates, Inc., a California corporation ( , C o m fy") and Steven E. Burt (leper"), a shareholder of Company stock. - I. pcmchase Ted Schedule. A- Company sham repurchaoe from the Seller all of his shares equal to: l-, -- -4 j. five hundred (2 w) shares including his buslnes3 goodwill and personal goodwilL B. Purccham price will be . • , share. The total Purchase price _ C. The Seller agrees to enter into a separate Nonconqxte and Confidentiality .Agreement according to the terms and conditions set forth in said sgreement, IN WITNBSS WIffiREOF; the Shareholders have hereunder set their laat* and the - Company hascaused this A6. ...:,j A to be executed by its Secretary on the day . and year first above written SHAREHOLDERS: 'Dart E. Young Duane YbunS a0L J/ COMPANY: Steven Burt and Associates C.':k.4-,4:au, a California au'.x �AAII:'on • Ida/��".'`. , - - . Secretary � J ol 02/12/2006 23:36 7607723674 STEVENBURT PAGE 05 ; �a 7558 State of California Secretary of State I, BRUCE McPHERSON, Secretary of State of the State of California, hereby certify: That the attached transcript of I page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of DEC 16 2005 BRUCE'McPHMON Secretary of State SeaOace FCrm CE•107 rREV 03 IMS) = o'sp nr Rz796 02/12/2006 23:36 76e7723674 STEVENBURT PAGE 06 ENDORSED - FILED in the office of the Secratary of alai* of the state of ceiRo4e Nov 2 ti 2005 Certificate of Amendment of Articles of Incorporation The undersigned certify that: 1. They are the President and secretary, respectively, of Steven Burt R Associates, 111c., a California coiporatiorl. 2. Article I of the Articles of Incorporation of this corporation is amended to read as follows: I The name of this corporation is VINTAGE ASSOCIATES, Inc. 3. The board of directors has duly approved the foregoing amendment of A.rticies of Incorporation 4. The foreging amendment of Articles of Incorporation has been duly approved by the required vote of shareholders in accordance with Section 902, California Code. The total number of outstanding shares of the corporation is ten thousand (10,000). The number of shares voting in favor of the amendment was 100%. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. Late: November 16, 2005 regery A. r tars, President Darl E. Young, Sec. tar 02/12/2006 23:36 7607723674 STEVENBLRT PAGE 01 10J �SSQC.IAi ��., INC.. .A d66ion of Ymtege Amo ates, Inc. 78-7s5 Darby Road Bermuda Dui, CA 92203 FACSIMILE TRANSMITTAL SHEET To: Spencer Knight FAX HUMBEIt: 341.-7098 COMPANY: City of Palm Desert sEHIMW S PHONE NUMBER: 760) 772.3673 Re: NOTUMONNNENTS: Spencer, FMM: Fran Mullahy Dab: TOTAL NO. OF PAGES INCLUDING COVER: 6 SENDER'S FAX NUNIf, M (760) 772-3674 YOUR REFERENCE NUMBEfb Enclosed are a copy of the Leiter of resignation from Steve Burt and the sale and repurchase of Steve Burt's shares along with Shareholders signatures. I have enclosed the endorsement from the State of California too. We are hopeful this will satisfy the City Attorney and council of the name change. Please lot me knew if any thing further Is needed. Thank you. Please call if you do not receive all pages. Fri�j- -Ni;t -s F..nn — PoO. MISSM , . ji., 9-1+. 5�1.p DINAH SHORE DKM MEDUMS1 4>. DINAH SHORE DR (iERALD FORD DR/YE MEDIAIYSI RALD FORD DR El numi simm oxim mzvmmb FRANK SINATRA D jCOOK STREET mfD"ms COVNnW CLUB DRIVE MEMNA %PUNTRYCLUB DR 9 O PARKVIEW DR c1tv of palm Desert Amwft� 45 ;-ondscope r-lorlaqernerl,+ Area Out for Bid June, 200-- is> covwjw avir DRIVE' mepftv3 �,p Coumnry CLVo Diffm O O HOVLEY LN W I m CINTA MWMV� I'vo"FLAWE EAST MED/AA N E CORD YARD CL MAGNESIA FALLS joXrAsu M< I �✓- I >U.O 2 0�1 2.0 HOVLEY LN E Mo. WASMITOTON STREET XVPU*4� 110 ME Y LAMB LAST MCDM coom snwer mwmM JAVENUE OPTHE STATES NEDIAUYS CALIFO FRED WARING DR ,jr a &ems`4fqvAfi waggg.,�NILIVM ao 3a� aO VariiLll'1 i '>ONWQ,N, - 1�,DNgIrM- - � •Y1aIMap rani>1M ' j' -'dtfY3e:L'ari gC_i iYnollRrS'nw u� ° fifiii - ; �'.� , r_� a 8r>ou . m NNi IVd"TA aQ ` oy 4N�NYa YO n03ws NrS 'N 1:l acJ OOtlYtan .(• C 1N1 a! viol WA Issoa NVa � � .� AYM KIOQS OaMa a: Z. j "AV"�QQj 111N Oi31:1 .jhr otita 4AY onuN - _ . GQ No alas B"m < 5 w141 vus ui3" A' is yoaa�i 4 . — lb AMa31vM A�tf1AV0; 4 &AY l/IIQNAI► - AVM ip!r,3llfla -' n' AVM Vmallnv �,,�•..., •,,,� .. . - '7 SgM07iMVUt4't•Iti6YV+l00zr .a3000M�FWLflBJ �� ^ - ,i _:Avwiti'aNaiwt. • �YNho1NYs_g __. � ' agoa,1 l_ �tr""' X31dWOO SI?10dS _ 133NIS >1000 or Snr.�euaiic r_ .. wNVd HaM30 OWO G 131A lIV93SVS I 4t NOS r =. _ : ,witiGW — _ aaawart a' •1 .aownfpto t 'a At" a�o'o i" ��, � _r ' ��• . ArNi�7�. .. �° f- ray _ _ `'�,. �bi�_ ��` - ' - -.Av,yo4 ; .�l i oadwr�titi�+�NY a.:' SoQz r i . " anrowa fir/ , r-- -------- • � .. °�koo asi Illee.�� !� r •" �'�P � af`, i► � � b"oaouu+,$c a" fit. JusWeaeueyy , II------..----' ode,ospug-j 3 N 7 A3lAOH 3 N-1 A3lA0N +NMo&A s}NBvVs�ra�s 4C4 i nO Vd 83000S 'o AVMYBDI 183S3Ci Wldd) 0 WOW" Natlam os,b ! vM V N 3Q I.,asaQ ur/ed,�o 1!� �► `, ° aQ : � x va,N9i,•