HomeMy WebLinkAbout2014 CON SA Christensen & Spath - Legal Services - Amendment #3e•.
THIRD 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 Third Amendment to the Agreement is entered into this 18th day of
November, 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, and
increase the not to exceed amount by $125,000, for a total not to exceed amount of
$275,000.
C. On April 1, 2014, the Successor Agency approved the Second Amendment to
increase the not to exceed amount by $75,000 for ongoing legal expenses, for a
total not to exceed amount of $350,000.
D. The affordable housing responsibilities remained under the CDC as the "CDC -
HA".
E. 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.
F. The FIRM currently provides legal services to the CDC -HA in affordable housing
matters.
G. The Parties desire to amend the Agreement to extend the term for two additional
years, with an expiration date of December 6, 2016, and increase the not to exceed
amount by $100,000, for a total not to exceed amount of $450,000.
H. This Third 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 amending Article 12 of the Agreement by
extending the term of the Agreement for two additional years, expiring December 6, 2016.
THE PARTIES FURTHER AGREE that Article 3 (Compensation), Section C of
the Agreement shall be amended to increase the not to exceed amount by $100,000, for a
total not to exceed amount of $450,000.
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 Third 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:
Rdn Morrison, Chairman
APP
By:
Third Amendment to Agreement
November 2014
CHRISTENSEN & SPATH, LLP
By:
Charles Christensen, Esq.
2 National City Successor Agency
and Christensen & Spath, LLP
RESOLUTION NO. 2014 — 55
RESOLUTION OF THE SUCCESSOR AGENCY TO
THE COMMUNITY DEVELOPMENT COMMISSION AS
THE NATIONAL CITY REDEVELOPMENT AUTHORIZING
THE CHAIRMAN TO EXECUTE THE THIRD AMENDMENT
TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN
THE SUCCESSOR AGENCY AND CHRISTENSEN & SPATH, LLP,
TO EXTEND THE TERM FOR TWO YEARS AND INCREASE
THE NOT TO EXCEED AMOUNT BY $100,000, FOR
A TOTAL AGREEMENT AMOUNT OF $450,000
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, on April 1, 2014, the Successor Agency adopted Resolution No.
2014-45 to increase the not to exceed amount by $75,000, for a total not to exceed amount of
$350,000; 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 extend the term by
two years, expiring on December 6, 2016, and to increase the not to exceed amount by
$100,000, for a total not to exceed amount of $450,000; and
WHEREAS, this Third 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 Third Amendment to the Agreement by
and between the Successor Agency and Christensen & Spath, LLP, extend the term by
two years, expiring on December 6, 2016, and to increase the not to exceed amount by
$100,000, for a total not to exceed amount of $450,000. The Third Amendment to the
Agreement is on file in the office of the City Clerk.
[Signature Page to Follow]
Resolution No. 2014 — 55
Page Two
PASSED and ADOPTED this 18th day of November, 2014.
on Morrison, Chairman
ATTEST:
Michael R. Dalla, ity Clerk as
Secretary to the Successor Agency
ROVED A .TO FOR
audia Gacitu_ Silva
Successor £ ge cy Cou
Passed and adopted by the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California, on
November 18, 2014 by the following vote, to -wit:
Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
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
City Clerk ServirSg 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. 2014-55 of the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California,
passed and adopted on November 18, 2014.
City Clerk Serving as Secretary
to the Successor Agency
By:
Deputy
MEETING DATE:
SUCCESSOR AGENCY TO ✓ c a o 0 6 y
THE COMMUNITY DEVELOPMENT COMMISSION y o 6 • \o - \ a
AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AGENDA STATEMENT
November 18, 2014
AGENDA ITEM NO. 3
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
Third Amendment to the Agreement for Legal Services between the Successor Agency and
Christensen & Spath, LLP, to extend the term for two years and increase the not to exceed amount by
$100,000, for a total agreement amount of $450,000.
PREPARED BY: Claudia Gacitua Silva
PHONE: Ext. 4222
EXPLANATION:
DEPARTMENT: S
..: or A.`e F. .unsel
APPROVED BY: '� Ik I,�' _t
On December 7, 2010, the CDC and the law firm of Christensen & Spath en''-. into a t o ear
Agreement for the total amount of $150,000. wherein the Firm agreed to provide litigation suppo an legal
services for real estate transactions for both market rate and affordable housing redevelopment cts, as well
as commercial and industrial projects. The firm is assisting the Agency with certain aspects of the WI-TOD Project.
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 to extend the term for two years, expiring December 6, 2014,
and to increase the not to exceed amount by $125,000. On April 1, 2014, the Successor Agency approved the
Second Amendment to increase the not to exceed amount by $75,000, for a total Agreement amount of $350,000.
A third amendment is necessary to extend the term for two years, expiring December 6, 2016, and to
increase the not -to -exceed amount by $75,000, for a total Agreement amount of $450,000, for continued legal
services in the on -going WI-TOD Project and the Morgan Square litigation. The Third Amendment will require the
approval of the Oversight Board to the Successor Agency and the California Department of Finance prior to being
—effactuP
FINANCIAL STATEMENT: APPROVED: 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:
• Third Amendment to the Agreement with Christensen & Spath, LLP for Legal Services
• Proposed resolution
THIRD 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 Third Amendment to the Agreement is entered into this 18th day of
November, 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, and
increase the not to exceed amount by $125,000, for a total not to exceed amount of
$275,000.
C. On April 1, 2014, the Successor Agency approved the Second Amendment to
increase the not to exceed amount by $75,000 for ongoing legal expenses, for a
total not to exceed amount of $350,000.
D. The affordable housing responsibilities remained under the CDC as the "CDC -
HA".
E. 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.
F. The FIRM currently provides legal services to the CDC -HA in affordable housing
matters.
G. The Parties desire to amend the Agreement to extend the term for two additional
years, with an expiration date of December 6, 2016, and increase the not to exceed
amount by $100,000, for a total not to exceed amount of $450,000.
H. This Third 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 amending Article 12 of the Agreement by
extending the term of the Agreement for two additional years, expiring December 6, 2016.
THE PARTIES FURTHER AGREE that Article 3 (Compensation), Section C of
the Agreement shall be amended to increase the not to exceed amount by $100,000, for a
total not to exceed amount of $450,000.
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 Third 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.
Third Amendment to Agreement 2 National City Successor Agency
November 2014 and Christensen & Spath, LLP
RESOLUTION NO. 2014 —
RESOLUTION OF THE SUCCESSOR AGENCY TO
THE COMMUNITY DEVELOPMENT COMMISSION AS
THE NATIONAL CITY REDEVELOPMENT AUTHORIZING
THE CHAIRMAN TO EXECUTE THE THIRD AMENDMENT
TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN
THE SUCCESSOR AGENCY AND CHRISTENSEN & SPATH, LLP,
TO EXTEND THE TERM FOR TWO YEARS AND INCREASE
THE NOT TO EXCEED AMOUNT BY $100,000, FOR
A TOTAL AGREEMENT AMOUNT OF $450,000
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, on April 1, 2014, the Successor Agency adopted Resolution No.
2014-45 to increase the not to exceed amount by $75,000, for a total not to exceed amount of
$350,000; 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 extend the term by
two years, expiring on December 6, 2016, and to increase the not to exceed amount by
$100,000, for a total not to exceed amount of $450,000; and
WHEREAS, this Third 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 Third Amendment to the Agreement by
and between the Successor Agency and Christensen & Spath, LLP, extend the term by
two years, expiring on December 6, 2016, and to increase the not to exceed amount by
$100,000, for a total not to exceed amount of $450,000. The Third Amendment to the
Agreement is on file in the office of the City Clerk.
[Signature Page to Follow]
Resolution No. 2014 —
Page Two
PASSED and ADOPTED this 18th day of November, 2014.
Ron Morrison, Chairman
ATTEST:
Michael R. Dalla, City Clerk as
Secretary to the Successor Agency
APPROVED AS TO FORM:
Claudia Gacitua Silva
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
November 26, 2014
Mr. Charles Christensen
Christensen & Spath, LLP
550 West C Street, Suite 1660
San Diego, CA 92101
Dear Mr. Christensen,
On November 18th, 2014, Resolution No. 2014-55 was passed and adopted by the
Successor Agency to the Community Development Commission as the National City
Redevelopment Agency, authorizing execution Amendment #3 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