HomeMy WebLinkAbout2013 CON SA Opper and Varco LLP - Park Village Project Beauchamp Family Trust - Amendment #1FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION
AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AND
OPPER AND VARCO, LLP
This First Amendment to Agreement is entered into this 26th day of February,
2013, by and between the SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT
AGENCY, a California public entity, ("SUCCESSOR AGENCY"), and OPPER AND
VARCO, LLP, ("FIRM").
RECITALS
A. SUCCESSOR AGENCY and FIRM (the "Parties") entered into an Agreement on
October 3, 2011, ("the Agreement") wherein the FIRM agreed to assist in
representing the CDC in connection with environmental obligations and funds owed to the
CDC per the Cooperative Remediation Agreement for the Park Village Project, National
City California, by and between the CDC and the Beauchamp Family Trust dated Febnaary
6, 2006.
B. The SUCCESSOR AGENCY requires continuing legal services related to
representing and advising the SUCCESSOR AGENCY on matters related to the collection
of money for obligations that were created in prior redevelopment and remediation
agreements regarding the project and the developer for the Park Village Project which was
not completed. The Parties desire to amend the Agreement to increase the not -to -
exceed amount of the Agreement by $37,000, for a total not -to -exceed amount of
$50,000.
C. On January 10, 2012, the City Council adopted Resolution No. 2012-15, pursuant
to Part 1.85 of the California Health and Safety Code, electing for the City to serve
as the successor agency to the Community Development Commission of the City
of National City upon the dissolution of the Redevelopment Agency.
D. On February 1, 2012, all California redevelopment 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.
E. This First Amendment may require the amendment of the Recognized Obligations
Payments Schedule and will require approval of the Oversight Board to the
SUCCESSOR AGENCY as well as the California Department of Finance prior to
being effective.
- 2 - First Amendment to Agreement
Successor Agency/Opper and Varco, LLP
AGREEMENT
NOW, THEREFORE, the SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT
AGENCY, 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 $37,000, 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.
SUCCESSOR AGENCY TO THE OPPER
COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL
CITY REDEVELOPMENT AGENCY By:
Leslie Deese
Executive Director
APP' • VED AS TO FORM: By: 1,11J
tr: udi. i . citua Silva
11 Succe , • gency Counsel
Richard Opper, Partner
- 2 - First Amendment to Agreement
Successor Agency/upper and Varco, LLP
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
'' ..
1t8 8'7 -_.
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.
l,2 fi J
Ginny Miller
Executive Assistant
Enclosur
cc: 1 ,ity Clerk
4722
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327