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HomeMy WebLinkAbout2013 CON Opper & Varco - Legal Services - Amendment #1FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND OPPER AND VARCO, LLP This First Amendment to Agreement is entered into this 26th day of February, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation, ("CITY"), and OPPER AND VARCO, LLP, ("FIRM"). RECITALS A. CITY and FIRM (the "Parties") entered into an Agreement on October 3, 2011, ("the Agreement") wherein the FIRM agreed to assist in representing the CITY with environmental site conditions, remediation, regulatory issues and closure pursuant to the Disposition and Disposition Agreement ("DDA") by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP. B. The CITY requires continuing legal services related to the DDA matters described in Recital "A". In order to meet the obligations under the DDA regarding the project, which have and continue to exceed the original amount of the Agreement. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the Agreement by $30,500, for a total not -to -exceed amount of $50,000. AGREEMENT NOW, THEREFORE, the CITY OF NATIONAL CITY and OPPER AND VARCO, LLP, hereto agree that the Agreement entered into on October 3, 2011, shall be amended by amending Article 3 (Compensation), Section C of the Agreement by increasing the not -to -exceed amount by $30,500, for a total not -to -exceed amount of $50,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 3, 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. CITY OF NATIONAL CITY OPP APP By: Leslie Deese Executive Director ';�I ED AS TO FORM: t .ia Gt a Silva Successor ncy Counsel Richard Opper, Partner Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano March 13, 2013 Richard G. Opper, Esq. Opper & Varco, LLP 225 Broadway, Suite 1900 San Diego, CA 92101 N�l' t� � r " CITY Tin Office of the City Attorney City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight RE: First Amendment to the Agreement for Legal Services with the City of National City, and First Amendment to the Agreement for Legal Services with the National City Successor Agency Dear Mr. Opper: Enclosed please find fully -executed originals of the above -referenced amendments for your files. Thank you. Ginny Miller Executive Assistant Enclosur cc: 1 /iity Clerk 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327