HomeMy WebLinkAbout2012 CON SA Kane, Ballmer & Berkman - Amendment #1 - Legal ServicesFIRST AMENDMENT TO AGREEMENT
FOR LEGAL SERVICES BY AND BETWEEN
THE 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 FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES (the "First
Amendment") is entered into this 3rd day of July, 2012, 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 Parties desire to amend the Agreement for the purpose of increasing 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
compensation of $50,000.
C. 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.
D. 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 and winding down the fiscal and business affairs of the former
redevelopment agencies.
E. The services under this First 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 is hereby amended by this First Amendment by amending Article 3
(Compensation), Section C of the Agreement and increasing the not -to -exceed amount of
compensation by an additional $25,000, for a total not -to -exceed amount of compensation of
$50,000.
The Parties further agree that with the foregoing exception, each and every term and
provision of the Agreement shall remain in full force and effect.
[Remainder of Page Intentionally Left Blank; Signatures on Following Page]
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the
Agreement on the date and year first above written.
SUCCESSOR AGENCY TO KANE BALLMER & BERKMAN
THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL
CITY REDEVELOPMENT AGENCY
Leslie Deese
Executive Director
APPRO D AS TO FORM:
By:
Clau
Successor Ag Counsel
By:
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COMMUNITY DE ELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
ACTING IN ITS CAPACITY AS THE
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Leslie Deese
Executive Director
ED AS TO FORM:
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2 First Amendment to Agreement for Legal Services
Successor Agency, CDC -HA. Kane Ballmer & Berkman
KBB
515 S. FIGUEROA STREET
SUITE 1850
LOS ANGELES, CALIFORNIA 90071
TELEPHONE (213) 617-0480
FAX (213) 625-0931
Claudia Gacitua Silva
City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950
KANE, BALLMER & BERKMAN
A LAW CORPORATION
WWW. KBBLAW.COM
BRUCE D. BALLMER
(RETIRED)
ROBERT P. BERKMAN
September 9'4, 2012
RE: Agreement for Legal Service & First Amendment to Agreement
Dear Ms. Silva:
402 WEST BROADWAY
4TH FLOOR
SAN DIEGO, CALIFORNIA 92101
TELEPHONE (619) 567-3450
FAX (619) 567-3448
I have attached two signed copies of the Agreement for Legal Services and two signed copies of
the First Amendment to Agreement for Legal Services. The signer's are Murray O. Kane,
President and Susan Apy, Office to the corporation.
If you have any questions about this, please feel free to contact me.
Charles F. Lohr,
Administrator for,
Kane, Ballmer & Berkman
CFL/pc
Encl. 4
Mayor
Ron Morrison
Council Members
Alejandra Sotelo-Solis
Louis Natividad
Mona Rios
Rosalie Zarate
August 19, 2012
Kendall DeMatteo Berkey, Esq.
Kane Ballmer & Berkman
402 West Broadway, 4th Floor
San Diego, CA 92101
`s
try
watt
Office of the City Attorney
City Attorney
Claudia Gacitua Silva
Deputy City Attorney
Jennifer Knight
RE: Agreement for Legal Services dated August, 2012, and First Amendment to Agreement
for Legal Services dated February 1, 2011
Dear Ms. Berkey:
Enclosed please find fully -executed originals of the above -referenced agreements for your files.
Thank you.
Executive Assistant
Enclosures
cc: City Clerk
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327