HomeMy WebLinkAboutSecond Amendment to the AgreementSECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION
AS THE NATIONAL CITY REDEVELOPMENT AGENCY,
THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS
THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY,
AND KANE, BALLMER & BERKMAN
This SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES (the "Second
Amendment") is entered into this 19th day of November, 2013, by and between THE SUCCESSOR
AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY, a public entity, duly created; validly existing and in good standing
under the laws of the State of California (the "SUCCESSOR AGENCY") (as the successor in interest
to the Community Development Commission of the City of National City, acting in its capacity as
the National City Redevelopment Agency (the "CDC -RDA")); THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS
CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, a public
body, corporate and politic (the "CDC -HA"); and KANE, BALLMER & BERKMAN, a law
corporation, (the "FIRM").
RECITALS
A. The SUCCESSOR AGENCY, the CDC -HA, and the FIRM (the "Parties") entered into an
Agreement for legal services on February 1, 2011, (the "Agreement") wherein the FIRM
agreed to provide as -needed professional legal services pertaining to redevelopment and
housing authority matters subject to the terms and conditions of the Agreement.
B. The First Amendment to the Agreement entered into on July 3, 2012, increased the not to
exceed amount of compensation payable to the FIRM as stated in Article 3, Section C of the
Agreement by an additional $25,000, for a total not to exceed amount of $50,000.
C. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the
Agreement by $43,000, for a total not -to -exceed amount of $93,000.
D. On January 10, 2012, the City Council of the City of National City adopted Resolution No.
2012-15, pursuant to Part 1.85 of Division 24 of the California Health and Safety Code,
electing for the City to serve as the successor agency to the CDC -RDA upon the dissolution
of the National City Redevelopment Agency and the CDC -RDA.
E. On February 1, 2012, all California redevelopment agencies and all redevelopment agency
components of community development 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.
F. The services related to matters of the SUCCESSOR AGENCY and/or the former National
City Redevelopment Agency/CDC-RDA under this Second Amendment will be included on
the SUCCESSOR AGENCY'S Recognized Obligation Payment Schedule and the
Recognized Obligation Payment Schedule will require the approval of the Oversight Board
to the Successor Agency prior to being effective.
NOW, THEREFORE, the SUCCESSOR AGENCY, the CDC -HA, and the FIRM hereto
agree that the Agreement entered into on February 1, 2011, as amended by the First Amendment, is
hereby further amended by this Second Amendment by amending Article 3 (Compensation), Section
C of the Agreement and increasing the not -to -exceed amount by $43,000, for a total not -to -exceed
amount of $93,000.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated February 1, 2011, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Agreement on the date and year first above written.
SUCCESSOR AGENCY TO THE
COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY
By:
Ron Morrison
Chairman
APPROVED AS TO FORM:
By:
Claudia Gacitua Silva
General Counsel
THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL
CITY ACTING IN ITS CAPACITY AS THE
HOUSING AUTHORITY OF THE CITY OF
NATIONAL CITY
By:
Ron Morrison
Chairman
APPROVED AS TO FORM:
By:
Claudia Gacitua Silva
General Counsel
KANE BALLMER & BERKMAN
By:
Murray O. Ka e, President
endall D. Berkey, Officer
November 19, 2013 2 Second Amendment to Agreement
Successor Agency, CDC -HA & Kane Ballmer & Berkman
expstat.rpt
11 /20/2013 3:32PM
Periods: 0 through 14
Expenditure Status Report Page: 1
CITY OF NATIONAL CITY
7/1/2013 through 6/30/2014
711 REDEV OBLIGATIONS RETIREMENT FUND
409 NON -DEPARTMENTAL
Account Number
000 OPERATIONS
000-200 Maintenance & Operations
000-209-0000 LEGAL SERVICES
Total REDEV OBLIGATIONS RETIREMENT FUND
Grand Total
Adjusted Year-to-date Year-to-date Prct
Appropriation Expenditures Expenditures Encumbrances Balance Used
700, 089.66
700,089.66
88,339.65
88,339.65
700,089.66 88,339,65
88,339.65
88,339.65
88,339.65
415.250.01
415,250.01
415,250.01
196,500.00 71.93
196,500.00 71.93
196,500.00 71.93
Page: 1