HomeMy WebLinkAboutSA RESO 2013-38RESOLUTION NO. 2013 — 38
RESOLUTION OF THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION
AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AUTHORIZING THE CHAIRMAN TO EXECUTE A FOURTH
AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES
BY BEST BEST & KRIEGER, LLP, FOR THE CYAC LEGAL
CHALLENGE DEFENSE TO INCREASE THE NOT TO EXCEED
AMOUNT BY $53,500 FOR A TOTAL AMOUNT OF $462,500
WHEREAS, on November 23, 2010, the Community Development Commission
of the City of National City ("CDC') adopted Resolution No. 2010-265 approving an Agreement
between the City of National City, the CDC, and Best Best & Krieger, LLP ("BB&K"), to provide
legal defense services regarding the Community Youth Athletic Center ("CYAC") litigation in the
not to exceed amount of $160,000; and
WHEREAS, on October 18, 2011, the CDC (now the Successor Agency)
adopted Resolution No. 2011-233 approving the First Amendment to the Agreement that
increased the not to exceed amount by $134,000, bringing the total not to exceed amount to
$294,000; and
WHEREAS, on May 15, 2012, the Successor Agency adopted Resolution No.
2011-10 authorizing the Second Amendment to the Agreement in the amount of $70,000 for the
on -going appeal process, for a total not -to -exceed amount of $364,000; and
WHEREAS, on October 30, 2012, the Successor Agency adopted Resolution No.
2012-25 authorizing the Third Amendment to the Agreement in the amount of $45,000 for the
on -going appeal process, for a total not -to -exceed amount of $409,000; and
WHEREAS, a Fourth Amendment to the Agreement in the amount of $53,500 is
necessary for the final process of the appeal, which will bring the total not -to -exceed amount to
$462,500; and
WHEREAS, the Fourth Amendment must also be approved by the Oversight
Board to the Successor Agency prior to being effective.
NOW, THEREFORE, BE IT RESOLVED that the Board of the Successor Agency
to the Community Development Commission as the National City Redevelopment Agency
hereby authorizes the Chairman to execute the Fourth Amendment to the Agreement with Best
Best & Krieger, LLP ("BB&K"), to increase the not to exceed amount by $53,500, which will
bring the total not -to -exceed amount to $462,500, to cover legal services for the appeal
regarding the Community Youth Athletic Center ("CYAC") litigation. Said Fourth Amendment to
the Agreement is on file in the office of the City Clerk.
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Resolution No. 2013 — 38
Page Two
PASSED and ADOPTED this 17th day of Sezonornson,
013.
Chairman
ATTEST:
jif
Michael R. Dalla, qity Clerk as
Secretary to the Successor Agency
AS TO FORM:
ClaLWa Gacitu ilva
Successor A nc Cc
Passed and adopted by the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California, on
September 17, 2013 by the following vote, to -wit:
Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman of the Successor Agency to the
Community Development Commission
as the Redevelopment Agency of the
City of National City, California
By:
&yyClerk Servi g as Secretary
to the Successor Agency
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-38 of the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California,
passed and adopted on September 17, 2013.
City Clerk Serving as Secretary
to the Successor Agency
By:
Deputy