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HomeMy WebLinkAbout2012 CON SA Christensen & Spath - Amendment #1 - Legal ServicesFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AND CHRISTENSEN & SPATH, LLP This First Amendment to the Agreement is entered into this 30th day of October, 2012, by and between the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the "SUCCESSOR AGENCY") (formerly the Community Development Commission of the City of National City, a public body, (the "CDC")), and CHRISTENSEN & SPATH, LLP, (the "FIRM"). RECITALS A. The CDC and the FIRM (the "Parties") entered into a two-year Agreement on December 7, 2010, (the "Agreement") 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, in the amount of $150,000, and subject to the terms of the Agreement. B. Because all redevelopment agencies were dissolved by the State of California, this First Amendment is between the SUCCESSOR AGENCY TO TIIE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY (the "SUCCESSOR AGENCY") and Christensen & Spath C. The FIRM is currently representing the SUCCESSOR AGENCY in the litigation matter of ARE Holdings, LLC v. Community Development Commission and Parking Authority, et al. (Superior Court Case No. 37-2010-00102387-CU-BC-CTL), and assisting with certain aspects of the WI-TOD Project; and D. The litigation matter and the WI-TOD Project remain on -going and require continued legal representation and services. E. The two-year Agreement expires on December 6, 2012. F. The Parties desire to amend the Agreement to extend the term of the Agreement for an additional two years (expiring December 6, 2014) and increase the not to exceed amount by $125,000, for a total not to exceed amount of $275,000. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on December 7, 2010, shall be amended by an amendment to Article 3 (Compensation), Section C of the Agreement by increasing the not -to -exceed amount by $125,000, for a total not to exceed amount of $275,000, and extending the Agreement term for an additional two years through December 6, 2014. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated December 7, 2010, shall remain in full force and effect. 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 THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY By: Ron Morrison, Chairman APPROVED AS TO FORM: By: a = a iva Success.( gency General Counsel CHRISTENSEN & SPATH, LLP By: Charles Christensen, Esq. 2012 Amendment to Agreement 2 National City Successor Agency and Christensen & Spath, LLP RESOLUTION NO. 2012 — 24 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY AND CHRISTENSEN & SPATH, LLP, TO EXTEND THE TERM FOR AN ADDITIONAL TWO YEARS AND INCREASE THE NOT TO EXCEED AMOUNT BY $125,000, FOR A TOTAL AGREEMENT AMOUNT OF $275,000 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, the firm is currently representing the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency) in the litigation matter of ARE Holdings, LLC v. Community Development Commission and Parking Authority, et al., and assisting with certain aspects of the WI-TOD Project; and WHEREAS, a First Amendment to the Agreement is necessary to extend the term of the Agreement for an additional two years, and to increase the not -to -exceed amount by an additional $125,000 for continued legal services for the on -going litigation matter and the WI- TOD Project, for a total not to exceed amount of $275,000. WHEREAS, because all redevelopment agencies were dissolved by the State, this First Amendment is between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Christensen & Spath; and WHEREAS, the First Amendment must also be approved by the Oversight Board to the Successor Agency 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 Frist Amendment to the Agreement by and between the Successor Agency and Christensen & Spath, LLP, to extend the term for an additional two -years and increase the not to exceed amount by $125,000, bringing the total not to exceed amount to $275,000. Said First Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 30th day of October, 12 n Morrison, Chairman ATTEST: Michael R. Dalla,'City Clerk as Secretary to the Successor Agency OVED AS TO FORM: Claudia G : ua Silva Successor . - ncy 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 October 30, 2012 by the following vote, to -wit: Ayes: Boardmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. 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 ity Clerk Serving as Secretary to the Successor Agency By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-24 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on October 30, 2012. City Clerk Serving as Secretary to the Successor Agency By: Deputy MEETING DATE: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT October 30, 2012 AGENDA ITEM NO. 2 ITEM TITLE: Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") authorizing the Chairman to execute a First Amendment to the Agreement for Legal Services between the Successor Agency and Christensen & Spath, LLP, to extend the term for an additional two years and increase the not to exceed amount by $125,000, for a total agreement amount of $275,000 PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: Please see attached staff report. DEPARTMENT: S ess.r Agency Counsel APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are budgeted in Account 711-409-000-209-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: First Amendment to the Agreement with Christensen & Spath, LLP for Legal Services Proposed resolution STAFF REPORT On December 7, 2010, the 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. The firm is currently representing the Successor Agency in the litigation matter of ARE Holdings, LLC v. Community Development Commission and Parking Authority, et al. In addition, the firm is assisting the Agency with certain aspects of the WI-TOD Project. An amendment is necessary to extend the term of the Agreement for an additional two years, and to increase the not -to -exceed amount by an additional $125,000 for continued legal services in the on -going litigation matter and the WI-TOD Project, for a total Agreement amount of $275,000. The trial for ARE Holdings is set for January 7, 2013. Accordingly, discovery and trial preparation must occur. To date, approximately $99,967.25 has been spent on defense fees in the ARE matter. Because all redevelopment agencies were dissolved by the State, this First Amendment is between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Christensen & Spath. The First Amendment will also require the approval of the Oversight Board to the Successor Agency prior to being effective. FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AND CHRISTENSEN & SPATH, LLP This First Amendment to the Agreement is entered into this 30th day of October, 2012, by and between the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the "SUCCESSOR AGENCY") (formerly the Community Development Commission of the City of National City, a public body, (the "CDC")), and CHRISTENSEN & SPATH, LLP, (the "FIRM"). RECITALS A. The CDC and the FIRM (the "Parties") entered into a two-year Agreement on December 7, 2010, (the "Agreement") 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, in the amount of $150,000, and subject to the terms of the Agreement. B. Because all redevelopment agencies were dissolved by the State of California, this First Amendment is between the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY (the "SUCCESSOR AGENCY") and Christensen & Spath C. The FIRM is currently representing the SUCCESSOR AGENCY in the litigation matter of ARE Holdings, LLC v. Community Development Commission and Parking Authority, et al. (Superior Court Case No. 37-2010-00102387-CU-BC-CTL), and assisting with certain aspects of the WI-TOD Project; and D. The litigation matter and the WI-TOD Project remain on -going and require continued legal representation and services. E. The two-year Agreement expires on December 6, 2012. F. The Parties desire to amend the Agreement to extend the term of the Agreement for an additional two years (expiring December 6, 2014) and increase the not to exceed amount by $125,000, for a total not to exceed amount of $275,000. 2012 Amendment to Agreement 2 National City Successor Agency and Christensen & Spath, LLP NOW, THEREFORE, the parties hereto agree that the Agreement entered into on December 7, 2010, shall be amended by an amendment to Article 3 (Compensation), Section C of the Agreement by increasing the not -to -exceed amount by $125,000, for a total not to exceed amount of $275,000, and extending the Agreement term for an additional two years through December 6, 2014. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated December 7, 2010, shall remain in full force and effect. 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 THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY By: Ron Morrison, Chairman APPROVED AS TO FORM: By: Claudia Gacitua Silva Successor Agency General Counsel CI-IRISTENSEN & SPATH, LLP By: Charles Christensen, Esq. 2012 Amendment to Agreement 2 National City Successor Agency and Christensen & Spath, LLP RESOLUTION NO. 2012 — RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY AND CHRISTENSEN & SPATH, LLP, TO EXTEND THE TERM FOR AN ADDITIONAL TWO YEARS AND INCREASE THE NOT TO EXCEED AMOUNT BY $125,000, FOR A TOTAL AGREEMENT AMOUNT OF $275,000 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, the firm is currently representing the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency) in the litigation matter of ARE Holdings, LLC v. Community Development Commission and Parking Authority, et al., and assisting with certain aspects of the WI-TOD Project; and WHEREAS, a First Amendment to the Agreement is necessary to extend the term of the Agreement for an additional two years, and to increase the not -to -exceed amount by an additional $125,000 for continued legal services for the on -going litigation matter and the WI- TOD Project, for a total not to exceed amount of $275,000. WHEREAS, because all redevelopment agencies were dissolved by the State, this First Amendment is between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Christensen & Spath; and WHEREAS, the First Amendment must also be approved by the Oversight Board to the Successor Agency 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 Frist Amendment to the Agreement by and between the Successor Agency and Christensen & Spath, LLP, to extend the term for an additional two -years and increase the not to exceed amount by $125,000, bringing the total not to exceed amount to $275,000. Said First Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 30th day of October, 2012 Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk as Claudia Gacitua Silva Secretary to the Successor Agency Successor Agency Counsel OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax November 5, 2012 Mr. Charles Christensen Christensen & Spath, LLP 550 West C Street, Suite 1660 San Diego, CA 92101 Dear Mr. Christensen, On October 30th, 2012, Resolution No. 2012-24 was passed and adopted by the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, authorizing execution of a First Amendment to an Agreement with Christensen & Spath, LLP. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosures