HomeMy WebLinkAbout5th AmendmentFIFTH 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 Fifth Amendment to Agreement is entered into this 18th day of February, 2014, 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 entered into a Fourth Amendment on September 3, 2013 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 Parties desire to amend the Agreement to increase the not -to -exceed amount of the
Agreement by $100,000 for a total not -to -exceed amount of $562,500.
G. The case remains on -going as it has been remanded to the trial court for further proceedings
after appeal, and CYAC has petitioned for review to the California Supreme Court, thus
continued legal representation remains necessary.
H. On February 1, 2012, all California redevelopment agencies were dissolved, successor
agencies were established as successor agencies to the former redevelopment agencies
Fifth Amendment to Agreement
2 National City, Successor Agency,
and Best Best & Krieger, LLP
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 and the California Department of Finance 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, October 30, 2012, and September 3, 2013, shall be amended by
amending Article 3 (Compensation), Section C of the Agreement by increasing the not -to -exceed amount by
$100,000 for a total not -to -exceed amount of $562,500.
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
DEVELOPMENT COMMISSION AS THE NATIONAL
CITY REDEVELOPMENT AGENCY
By:
Ron Morrison, Chairman
APPROVED AS TO FORM:
Claudia Gacitua Silva
Successor Agency Counsel
CITY OF NATIONAL LI'1'Y
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:
Claudia Gacitua Silva
City Attorney
BEST, BEST, & KRIEGER, LLP
Bruce Beach, Esq.
Fifth Amendment to Agreement 2 National City, Successor Agency,
and Best Best & Krieger, LLP