HomeMy WebLinkAbout4th Amendment to AgreementFOURTH AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY,
THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION
AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AND
BEST BEST & KRIEGER, LLP
This Fourth Amendment to Agreement is entered into this 3rd day of September , 2013,
by and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), THE
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE
NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the
"SUCCESSOR AGENCY"), and BEST BEST & KRIEGER, LLP, (the "FIRM").
RECITALS
A. The CITY, the SUCCESSOR AGENCY and the FIRM (the "Parties") entered into an
agreement on October 9, 2010, ("the Agreement") wherein the FIRM agreed to provide
legal services in the defense of the case entitled Community Youth Athletic Association v. All
Persons Interested in the Matter of the Amendment to National City's Redevelopment Plan
as
Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-CTL, in the
amount of $160,000, and subject to the terms of the Agreement.
B. The Parties entered into the First Amendment to the Agreement on October 18, 2011,
(the "First Amendment") to increase the not -to -exceed amount of the Agreement by
$134,000, for a total Agreement not -to -exceed amount of $294,000.
C. The Parties entered into a Second Amendment on May 15, 2012 to increase the not -to -
exceed amount by $70,000 for a total not -to -exceed amount of $364,000.
D. The Parties entered into a Third Amendment on October 30, 2012 to increase the not -to -
exceed amount of the Agreement by $45,000 for a total not -to -exceed amount of
$409,000.
E. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the
Agreement by $53,500 for a total not -to -exceed amount of $462,500.
F. The case remains on -going as it is on appeal, and requires continued legal representation.
G. On January 10, 2012, the City Council adopted Resolution No. 2012-15, pursuant to Part
1.85 of the California Health and Safety Code, electing for the City to serve as the
successor agency to the CDC upon the dissolution of the Redevelopment Agency.
H. On February 1, 2012, all California redevelopment agencies were dissolved, successor
agencies were established as successor agencies to the former redevelopment agencies
pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with
paying, performing and enforcing the enforceable obligations of the former
redevelopment agencies.
I. This Fourth Amendment will require the approval of the Oversight Board to the Successor
Agency prior to being effective.
NOW, THEREFORE, the Parties agree that the Agreement entered into on October 9, 2010, and
amended on October 18, 2011, May 15, 2012, and October 30, 2012, shall be amended by amending
Article 3 (Compensation), Section C of the Agreement by increasing the not -to -exceed amount by $53,500
for a total not -to -exceed amount of $462,500.
The parties further agree that with the foregoing exception, each and every term and provision of
the Agreement dated October 9, 2010, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the
Agreement on the date and year first above written.
SUCCESSOR AGENCY TO
THE COMMUNITY DEVFY,OPMENT
COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY
By.
Ron Morrison, Chairman
APPROVED AS TO FORvI:
By:
Claudia Gacitua Silva
Successor Agency Counsel
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:
Claudia Gacitua Silva
City Attorney
BEST, BEST, & KRIEGER, LLP
By:
Bruce Beach, Esq.
Fourth Amendment to Agreement 2 National City, Successor Agency,
and Best Best & Krieger, LLP