HomeMy WebLinkAboutBest, Best & Krieger, LLP - Legal Services Community Youth Athletic Center - Amendment No. 6 - 2014SIXTH AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY,
THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION
AS THE NATIONAL CITY REDEVELOPMENT AGENCY,
AND
BEST BEST & KRIEGER, LLP
This Sixth Amendment to Agreement is entered into this 21 st day of November, 2014, by
and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), THE
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE
NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the
"SUCCESSOR AGENCY"), and BEST BEST & KRIEGER, LLP, (the "FIRM").
RECITALS
A. The CITY, the SUCCESSOR AGENCY and the FIRM (the "Parties") entered into an
agreement on October 9, 2010, ("the Agreement") wherein the FIRM agreed to provide legal
services in the defense of the case entitled Community Youth Athletic Association v. All Persons
Interested in the Matter of the Amendment to National City's Redevelopment Plan as Adopted
by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-CTL, in the
amount of $160,000, and subject to the terms of the Agreement.
B. The Parties entered into the First Amendment to the Agreement on October 18, 2011, (the
"First Amendment") to increase the not -to -exceed amount of the Agreement by
$134,000, for a total Agreement not -to -exceed amount of $294,000.
C. The Parties entered into a Second Amendment on May 15, 2012 to increase the not -to -
exceed amount by $70,000 for a total not -to -exceed amount of $364,000.
D. The Parties entered into a Third Amendment on October 30, 2012 to increase the not -to -
exceed amount of the Agreement by $45,000 for a total not -to -exceed amount of $409,000.
E. The Parties entered into a Fourth Amendment on September 3, 2013 to increase the not -to -
exceed amount of the Agreement by $53,500 for a total not -to -exceed amount of $462,500.
F. The Parties entered into a Fifth Amendment on February 18, 2014 to increase the not -to -
exceed amount of the Agreement by $100,000 for a total not -to -exceed amount of $562,500.
G. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the
Agreement by $225,000 for a total not -to -exceed amount of $787,500.
H. The case remains on -going as it has been remanded to the trial court for further proceedings
after appeal, which has necessitated the retention of experts, the detailed review of seven
years' worth of legal bills involving entries by over twenty attorneys on petitioners' side, and
the trial court has requested additional briefing regarding petitioners' request for
approximately $2,400,000 in attorneys' fees, thus additional funding for continued legal
representation remains necessary.
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.
J. This Sixth 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 agree that the Agreement entered into on October 9, 2010, and
amended on October 18, 2011, May 15, 2012, October 30, 2012, September 3, 2013, and February 18, 2014
shall be amended by amending Article 3 (Compensation), Section C of the Agreement by increasing the not -to -
exceed amount by $225,000 for a total not -to -exceed amount of $787,500.
The parties further agree that with the foregoing exception, each and every term and provision of the
Agreement dated October 9, 2010, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the
Agreement on the date and year first above written.
SUCCESSOR AGENCY TO THE COMMUNITY BEST, BEST, & KRIEGER, LLP
DEVELOPMENT COMMISSION AS THE
NATIONAL CITY REDEVELOPMENT AGENCY
By:
Ron Morrison,
airman
APPROVED AS TO FORM:
Bv:
audia G. va
Successor :ency Counsel
CITY OF ►ii ONAL CITY
By:
R=.' Morrison, Mayor
APPRA VED AS TO FORM:
By:
dia G. Silva
City Attorn y
Sixth Amendment to Agreement
November 18, 2014
By azuu -ea�n
Bruce Beach, Esq.
2 National City, Successor Agency,
and Best Best & Krieger, LLP
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
December 2, 2014
Mr. Bruce Beach
Best, Best & Krieger, LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Dear Mr. Beach,
On November 18th, 2014, Resolution No. 2014-155 was passed and adopted by the City
Council of the City of National City and Resolution No. 2014-56 was passed and adopted
by the Successor Agency to the Community Development Commission as the National
City Redevelopment of the City of National City, authorizing execution of a Sixth
Amendment to an Agreement with Best, Best & Krieger, LLP.
We are enclosing for your records certified copies of the above Resolutions and a fully
executed original copy of the Amendment.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures