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HomeMy WebLinkAboutSA RESO 2013-40RESOLUTION NO. 2013 — 40 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE AN ASSIGNMENT AND ASSUMPTION OF AGREEMENT FOR LEGAL SERVICES WITH THE LAW OFFICES OF EDWARD Z. KOTKIN WHEREAS, on June 19, 2012, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") and the law firm of Cummins & White, LLP, entered into an Agreement for Legal Services (the "Agreement"); and WHEREAS, under the Agreement, Cummins & White, LLP, provided professional services as legal counsel to the Oversight Board, existing and functioning pursuant to California Health and Safety Code Section 34179 and other applicable law, to oversee the affairs of the Successor Agency' and WHEREAS, on February 26, 2013, the Chairman of the Oversight Board, under authority provided by the Agreement, executed that certain "Addition of Key Personnel Under the Agreement for Legal Services and Consent" ("Consent"), approving the addition of Edward Z. Kotkin ("Kotkin"), as "key personnel" of Cummins & White, LLP, and allowing Kotkin, in his capacity as an attorney "of counsel" with Cummins & White, LLP, to serve as legal counsel to the Oversight Board; and WHEREAS, with adequate advance notice to and without objection by the Successor Agency and the Oversight Board, Cummins & White, LLP has elected to discontinue the provision of legal services under the Agreement; and WHEREAS, the Successor Agency's staff and legal counsel have considered securing competent legal services to replace those provided by Cummins & White, LLP, and requested Kotkin do so pending consideration by the Successor Agency and Oversight Board of the Assignment and Assumption of Agreement for Legal Services with the Law Offices of Edward Z. Kotkin; and WHEREAS, the Assignment would assign the Agreement originally entered into between the Successor Agency and Cummins & White, LLP to the Law Offices of Edward Z. Kotkin upon similar terms as set forth in Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency hereby authorizes the Chairman to execute the Assignment and Assumption of Agreement for Legal Services attached and incorporated by this reference in this Resolution as Exhibit A; and BE IT FURTHER RESOLVED that this Assignment shall take effect after the Oversight Board approves this Assignment, and the same has been submitted to the Department of Finance, subject to California Health and Safety Code Section 34179, subdivision (h). [SIGNATURE PAGE TO FOLLOW] Resolution No. 2013 — 40 Page 2 November 5, 2013 PASSED and ADOPTED this 5th day of Novemb , 13. on Morrison, Chairman ATTEST: Michael R. Dalla, ity Clerk as Secretary to the Successor Agency AS TO FORM: Silva -v Counsel Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, on November 5, 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: City Clerk Se ng 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. 2013-40 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on November 5, 2013. City Clerk Serving as Secretary to the Successor Agency By: Deputy