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HomeMy WebLinkAboutSA RESO 2015-61RESOLUTION NO. 2015 — 61 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY MUNITY DEVELOPMMENT COMMIISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY ("SUCCESSOR AGENCY"), THE CITY OF NATIONAL CITY ("CITY'), AND THE LAW FIRM OF MAZZARELLA & MAZZARELLA, LLP, SUPERSEDING THE PRIOR AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY, THE CITY OF NATIONAL CITY, AND MAZZARELLA LORENZANA, LLP, CONTINGENT UPON STATE DEPARTMENT OF FINANCE APPROVAL, WITH NO INCREASE IN THE PREVIOUSLY APPROVED NOT TO EXCEED AMOUNT OF $250,000 FOR HOURLY FEES WHEREAS, the City of National City and the former Community Development Commission entered into an Agreement for Legal Services with Mazzarella Lorenzana, LLP, effective November 21, 2011 ("2011 Agreement) for the not to exceed amount of $50,000 to Pursue various claims against Rosenow Spevacek Group ("RSG') based on and related to the work RSG performed in connection with the 2007 Redevelopment Plan Amendment; and WHEREAS, pursuant to ABx1 26 and AB1484, the Successor Agency has an obligation to minimize liabilities of its redevelopment agency; and WHEREAS, the compensation to the firm was a combination of a lower hourly rate for legal fees ($150/hour) in addition to a contingency fee (no greater than 20%); and WHEREAS, on January 21, 2012, the City Council adopted Resolution No. 2012- 31 approving a First Amendment to the 2011 Agreement to increase the not to exceed amount by $200,000, for a total not to exceed amount of $250,000; and WHEREAS, the firm has changed names and seeks to enter into a new Agreement for Legal Services to reflect the name change from Mazzarella Lorenzana, LLP, to Mazzarella & Mazzarella, LLP, reflect the current Successor Agency name in place of what was formerly the Community Development Commission, and confirm the compensation structure of the reduced hourly rate of $150 per hour with a not to exceed amount of $250,000 (no increase from the original amount) in addition to a. educed contingency fee of up to 20%9. 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 an Agreement for Legal Services between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, the City of National City, and the Law Firm of Mazzarella & Mazzarella, LLP, superseding the prior Agreement for Legal Services between the Successor Agency, City of National City, and Mazzarella Lorenzana, LLP, contingent upon State Department of Finance approval, with no increase in the previously approved not to exceed amount of $250,000 for hourly fees. [Signature Page to Follow} Resolution No. 2015 — 61 Page Two PASSED and ADOPTED this 17"' day of March, 2015. Ron Momson, Chairman ATTEST: Mic ael R. Dalla, tity Clerk as Secretary to the Successor Agency FORM: Successor Agen& 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 March 17, 2015 by the following vote, to -wit: Ayes: Boardmembers Cano, Mendivil, Morrison, 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 U City Clerk Servi g as Secretary to the Successor Agency By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-61 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on March 17, 2015. City Clerk Serving as Secretary to the Successor Agency By: