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HomeMy WebLinkAboutSA RESO 2017-84v RESOLUTION NO. 2017 — 84 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE FOURTH AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY AND CHRISTENSEN & SPATH, LLP, TO EXTEND THE TERM, WITH NO CHANGE TO THE TOTAL AGREEMENT AMOUNT OF $450,000 WHEREAS, on December 7, 2010, the Community Development Commission of the City of National City ("CDC") and the law firm of Christensen & Spath entered into a two-year Agreement for the total amount of $150,000, wherein the Firm agreed to provide litigation support, and legal services for real estate transactions for both market rate and affordable housing redevelopment projects, as well as commercial and industrial projects; and WHEREAS, on October 30, 2012, the Successor Agency adopted Resolution No. 2012-24 to extend the term of the Agreement for an additional two years (expiring December 6, 2014), and to increase the not to exceed amount by $125,000; and WHEREAS, on April 1, 2014, the Successor Agency adopted Resolution No. 2014-45 to increase the not to exceed amount by $75,000, for a total not to exceed amount of $350,000;and WHEREAS, on November 18, 2014, the Successor Agency approved a Third Amendment to amend Section 12 to extend the term of the Agreement to December 6, 2016, and to amend Section C of Article 3 (Compensation) to increase the not to exceed amount to $450,000; and WHEREAS, Christensen & Spath currently represents the Successor Agency in the litigation matter of Morgan Square, (Superior Court Case No. 37-2013-00054606-CU-OR- CTL), and is assisting with ongoing legal aspects of the WI-TOD Project; and WHEREAS, the Parties desire to amend the Agreement to extend the term for an indefinite period subject to termination by either party upon sixty (60) days' written notice, with no change to the total not to exceed amount of $450,000; and WHEREAS, this Fourth Amendment will require the approval of the Oversight Board to the Successor Agency and the California Department of Finance prior to being effective. 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 a Fourth Amendment to the Agreement by and between the Successor Agency and Christensen & Spath, LLP, to extend the term for an indefinite period, subject to termination by either party upon sixty (60) days' written notice, with no change to the total not to exceed amount of $450,000. The Fourth Amendment to the Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2017 — 84 Page Two PASSED and ADOPTED this 7th day of February, 2017. Feb; Morrison, Chairman ATTEST: Miaeee14R4DaIlCitvClerk as Secretary to the Successor Agency APPROVED AS TO FORM: Z:) /-)s': George H. Eiser, III Interim Successor Agency 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 February 7, 2017 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 0 N 4JIJ1,?A City Clerk Servi 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. 2017-84 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on February 7, 2017. By: City Clerk Serving as Secretary to the Successor Agency Deputy