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HomeMy WebLinkAbout2014 CON SA Christensen & Spath - Legal Services - Amendment #2SECOND 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 Second Amendment to the Agreement is entered into this 1st day of April, 2014, 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 legal services, as and when requested by the CDC, involving issues of affordable housing, redevelopment law, and related litigation, if requested, in the amount of $150,000, and subject to the terms of the Agreement. B. Due to the dissolution of redevelopment agencies by the State of California, the Successor Agency adopted Resolution No. 2012-24, approving a First Amendment between the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY (the "SUCCESSOR AGENCY") and Christensen & Spath to extend the term of the Agreement for an additional two years, expiring on December 6, 2014. C. The affordable housing responsibilities remained under the CDC as the "CDC - HA". D. The FIRM currently represents the SUCCESSOR AGENCY in the litigation matter of Morgan Square, (Superior Court Case No. 37-2013-00054606-CU-OR-CTL), and is currently assisting with ongoing legal aspects of the WI-TOD Project. E. The FIRM currently provides legal services to the CDC -HA in affordable housing matters. F. The Parties desire to amend the Agreement to increase the not to exceed amount by $75,000. G. This Second 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 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 $75,000. 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 Second 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 B APP By: n M rrison, Chairman VED AS TO FORM: . tua Silva Success ncy General Counsel CHRISTENSEN & SPATH, LLP By: Charles Christensen, Esq. Second Amendment to Agreement (2014) 2 National City Successor Agency and Christensen & Spath, LLP RESOLUTION NO. 2014 — 45 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY AND CHRISTENSEN & SPATH, LLP, TO INCREASE THE NOT TO EXCEED AMOUNT BY $75,000 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, on October 30, 2012, the Successor Agency adopted Resolution No. 2012-24 to extend the term of the Agreement for an additional two years (expiring December 6, 2014), and to increase the not to exceed amount by $125,000; and WHEREAS, Christensen & Spath currently represents the Successor Agency in the litigation matter of Morgan Square, (Superior Court Case No. 37-2013-00054606-CU-OR- CTL), and is assisting with ongoing legal aspects of the WI-TOD Project; and WHEREAS, the Parties desire to amend the Agreement to increase the not to exceed amount by $75,000; and WHEREAS, this Second 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, 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 Second Amendment to the Agreement by and between the Successor Agency and Christensen & Spath, LLP, to increase the not to exceed amount by $75,000. Said Second Amendment to the Agreement is on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 1st day of April, 201 R Morrison, Chairman P'RD AS TO FORM: Michael R. Dalla, Gity Clerk as Secretary to the Successor Agency di Ga a Silva Succes Age cy 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 April 1, 2014 by the following vote, to -wit: Ayes: Boardmembers Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: Boardmember Natividad. 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 bs 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. 2014-45 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on April 1, 2014. City Clerk Serving as Secretary to the Successor Agency By: Deputy SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT MEETING DATE: April 1, 2014 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 Second Amendment to the Agreement for Legal Services between the Successor Agency and Christensen & Spath, LLP, to increase the not to exceed amount by $75,000, for a total agreement amount of $350,000, PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 DEPARTMENT: Su I - .sor Agency Counsel EXPLANATION: On December 7, 2010, the CDC and the law firm of Christensen & Spath entered 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 assisting the Agency with certain aspects of the WI-TOD Project. APPROVED BY: Because all redevelopment agencies were dissolved by the State, the First Amendment dated October 30, 2012, was between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Christensen & Spath. A second amendment is necessary to increase the not -to -exceed amount by an additional $75,000 for continued legal services in the on -going WI-TOD Project, for a total Agreement amount of $350,000. The Second Amendment will also require the approval of the Oversight Board to the Successor Agency prior to being effective. FINANCIAL STATEMENT: APPROVED: f ( �(,.---Finance ACCOUNT NO. APPROVED: MIS Funds are budgeted in Account 711-409-000-209-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Second Amendment to the Agreement with Christensen & Spath, LLP for Legal Services Proposed resolution F' • c. v�\Ch O. SECOND 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 Second Amendment to the Agreement is entered into this 1st day of April, 2014, 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 legal services, as and when requested by the CDC, involving issues of affordable housing, redevelopment law, and related litigation, if requested, in the amount of $150,000, and subject to the terms of the Agreement. Due to the dissolution of redevelopment agencies by the State of California, the Successor Agency adopted Resolution No. 2012-24, approving a First Amendment between the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY (the "SUCCESSOR AGENCY") and Christensen & Spath to extend the term of the Agreement for an additional two years, expiring on December 6, 2014. C. The affordable housing responsibilities remained under the CDC as the "CDC - HA". D. The FIRM currently represents the SUCCESSOR AGENCY in the litigation matter of Morgan Square, (Superior Court Case No. 37-2013-00054606-CU-OR-CTL), and is currently assisting with ongoing legal aspects of the WI-TOD Project. E. The FIRM currently provides legal services to the CDC -HA in affordable housing matters. F. The Parties desire to amend the Agreement to increase the not to exceed amount by $75,000. G. This Second 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 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 $75,000. 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 Second 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 CHRISTENSEN & SPATH, LLP By: Charles Christensen, Esq. Second Amendment to Agreement (2014) 2 National City Successor Agency and Christensen & Spath, LLP RESOLUTION NO. 2014 — RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY AND CHRISTENSEN & SPATH, LLP, TO INCREASE THE NOT TO EXCEED AMOUNT BY $75,000 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, on October 30, 2012, the Successor Agency adopted Resolution No. 2012-24 to extend the term of the Agreement for an additional two years (expiring December 6, 2014), and to increase the not to exceed amount by $125,000; and WHEREAS, Christensen & Spath currently represents the Successor Agency in the litigation matter of Morgan Square, (Superior Court Case No. 37-2013-00054606-CU-OR- CTL), and is assisting with ongoing legal aspects of the WI-TOD Project; and WHEREAS, the Parties desire to amend the Agreement to increase the not to exceed amount by $75,000; and WHEREAS, this Second 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, 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 Second Amendment to the Agreement by and between the Successor Agency and Christensen & Spath, LLP, to increase the not to exceed amount by $75,000. Said Second Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of April, 2014. 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 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk April 3, 2014 Mr. Charles Christensen Christensen & Spath, LLP 550 West C Street, Suite 1660 San Diego, CA 92101 Dear Mr. Christensen, On April 151, 2014, Resolution No. 2014-45 was passed and adopted by the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, authorizing execution Amendment #2 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. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures