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HomeMy WebLinkAbout2017 CON SA Christensen & Spath - Legal Services - Amendment #4FOURTH 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 Fourth Amendment to the Agreement is entered into this 7th day of February, 2017, 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 a 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. On November 18, 2014, the Successor Agency approved a Third Amendment to amend Section 12 to extend the term of the Agreement to December 6, 2016, and to amend Section C of Article 3 (Compensation) to increase the not to exceed amount to $450,000. E. The affordable housing responsibilities remained under the CDC as the "CDC -HA". F. 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. G. The FIRM currently provides legal services to the CDC -HA in affordable housing matters. H. The Parties desire to amend the Agreement to amend the term to continue indefinitely, subject to sixty (60) days' written notice of cancellation by either party. Fourth Amendment to Agreement 2 National City Successor Agency and Christensen & Spath, LLP I. This Fourth 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 to read as follows: Article 12. Effective Date and Term. This Agreement shall be effective upon execution by the FIRM and the SUCCESSOR AGENCY and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the FIRM shall be given to the SUCCESSOR AGENCY's General Counsel. THE PARTIES FURTHER AGREE that Article 3 (Compensation), Section C of the Agreement as previously amended, shall remain in effect to provide a total not to exceed amount of $450,000. THE PARTIES FURTHER AGREE that with the foregoing exceptions, 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 Fourth 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 on Morrison, Chairman APPROVED AS TO FORM: By: 41 il George H. Eiser, III Interim General Counsel CHRISTENSEN & SPATH, LLP By: Charles Christensen, Esq. Fourth Amendment to Agreement 2 National City Successor Agency and Christensen & Spath, LLP Acc RO CERTIFICATE OF LIABILITY INSURANCE `...�� DATE(MM/DD/YYYY) 02/22/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH & MCLENNAN AGENCY LLC 9171 TOWNE CENTRE DR STE 500 SAN DIEGO, CA92122 (888) 661-3938 CONTACT NAME: PHONE (A/C, No, Ext): (888) 661-3938 FAX (A/c, No): (877) 552-6091 E-MAIL ADDRESS: Service.certer@travelers.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURED CHRISTENSEN & SPATH LLP 550 WEST C STREET, SUITE 1660 SAN DIEGO, CA 92101 INSURER B : INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 500624225471350 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 680-4547L498-16 06/15/2016 06/15/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 X HIRED AUTO PERSONAL &ADV INJURY $1,000,000 X NONOWNED AUTO GENERAL AGGREGATE $2,000,000 GEN'L X AGGREGATE LIMIT APPLIES POLICY IPRO- JECT OTHER: PER: LOC PRODUCTS - COMP/OPAGG $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED (Ea acccident)SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ U UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ _ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A X UB-7011Y379-16 06/15/2016 06/15/2017 X STATUTE OTH ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) AS RESPECTS TO WORKERS COMPENSATION COVERAGE, WC 99 03 76 (A) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA HAS BFFN ATTACHED TO THE POLICY. AS RESPECTS TO GENERAL LIABILITY, SUBROGATION AGAINST CITY OF NATIONAL CITY AND ITS EMPLOYEES, OFFICERS, AGENTS, CONTRACT EMPLOYEES AND DESIGN, PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTION CONSULTANTS, HAS BEEN WAIVED PER CG D1 86. AS RESPECTS TO GENERAL LIABILITY, CITY OF NATIONAL CITY AND ITS EMPLOYEES, OFFICERS, AGENTS, CONTRACT EMPLOYEES AND DESIGN, PROJECT MANAGEMENT, (CONTINUED ON ATTACHED) CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY SUCCESSOR AGENCY TO THE AND AS PER ATTACHED 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • rl0--r--J ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD The Certificate Holder name is: CITY OF NATIONAL CITY SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISION AS THE NATIONAL CITY REDEVELOPMENT AGENCY DESCRIPTION OF OPERATIONS CONTINUED: CONSTRUCTION MANAGEMENT AND INSPECTION CONSULTANTS ARE ADDITIONAL INSURED - BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS, CG D1 05, BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended to include as an insured any person or organiza- tion (called hereafter "additional insured") whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of "your work" or your ongoing operations for that addi- tional insured performed by you or for you. 2. With respect to the insurance afforded to Addi- tional Insureds the following conditions apply: a. Limits of Insurance — The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed CG D1 05 04 94 in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to "bodily injury," "property damage," "per- sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: 1. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or engineering services. Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. TRAVELERS) ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: (IJUB-7011Y37-9-16) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 4 .00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 02-14-17 ST ASSIGN: Page 1 of 1 CHRISPI OP ID: AO ,a► KO CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDWY 1� 02/2112017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Mitchell & Mitchell-Lic0620650 250 Bel Marin Keys Blvd, Bid E Novato, CA 94949 Paul W. Morris CONTACT PHON: X WC, No, Ext): 415-883-2525 (Arc, No): 415-883-7752 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: CNA Insurance Co INSURED Christensen & Spath, LLP Courtney Chistensen 550 West "C" St.,#1660 San Diego, CA 92101 INSURERB: INSURER C: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDNYYY) POLICY EXP (MM/DD1YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER LIMIT APPLIES PRO JECT PER' LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE - LIABILITY -NON-OWNED SCHEDULED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY(Per$ accident) PROPERnDAMAGE (Pera $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below f N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liab 592399562 05/28/2016 05/28/2017 Each clm 2,000,000 Agg reg ate 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) $10,000 deductible Prior acts date: 05/01/1983 Claims -made basis CERTIFICATE HOLDER CANCELL Successor Agency to the Community Development Commission as the National City Redevelopment Agency 1243 National City Blvd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. National City, CA 91950-4397 I AUTHORIZED REPRESENTATIVE Off.- �iCZ1")1a.." ACORD 25 (2014101) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RESOLUTION NO. 2017 — 84 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE FOURTH AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY AND CHRISTENSEN & SPATH, LLP, TO EXTEND THE TERM, WITH NO CHANGE TO THE 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, on November 18, 2014, the Successor Agency approved a Third Amendment to amend Section 12 to extend the term of the Agreement to December 6, 2016, and to amend Section C of Article 3 (Compensation) to increase the not to exceed amount to $450,000; 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 for an indefinite period subject to termination by either party upon sixty (60) days' written notice, with no change to the total not to exceed amount of $450,000; and WHEREAS, this Fourth 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 Fourth Amendment to the Agreement by and between the Successor Agency and Christensen & Spath, LLP, to extend the term for an indefinite period, subject to termination by either party upon sixty (60) days' written notice, with no change to the total not to exceed amount of $450,000. The Fourth Amendment to the Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, on February 7, 2017 by the following vote, to -wit: Ayes: Boardmembers Cano, Mendivil, Morrison, 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 mot ' ity Clerk Servias 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. 2017-84 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on February 7, 2017. City Clerk Serving as Secretary to the Successor Agency By: Deputy Resolution No. 2017 — 84 Page Two PASSED and ADOPTED this 7th day of February, 2017. on Morrison, Chairman ATTEST: 4 Mi •ael R. Dall. City Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: George H. iser, III Interim Successor Agency Counsel MEETING DATE: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT CQOOG-4t February 7, 2017 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 Fourth Amendment to the Agreement for Legal Services between the Successor Agency and Christensen & Spath, LLP, to amend the term, with no change in the total agreement amount of $450,000. PREPARED BY: George H. Eiser, III DEPARTMENT: Successor Agency Counsel PHONE: Ext. 4222 EXPLANATION: On November 18, 2014, the Successor Agency approved the Third Amendment to its Agreement with the law firm of Christensen & Spath, LLP, whereby the term was extended to December 6, 2016 and the not to exceed amount was increased by $100,000, to $450,000. A fourth amendment is necessary to extend the term of the Agreement. Consistent with other agreements for legal services, the Fourth Amendment will provide for an indefinite term, subject to termination by either party upon sixty (60) days' written notice. There will be no change in the not to exceed amount of $450,000. Christensen & Spath will continue to provide legal services related to affordable housing, redevelopment law, and related litigation. The Fourth Amendment will require the approval of the Oversight Board and the California Department of Finance prior to becoming effective. Christensen & Spath is an authorized payee (Item 147) on the current Recognized Obligation Payment Schedule (ROPS 16-17) and is included in the ROPS 17-18 that was approved by the Successor Agency on January 17, 2017 and the Oversight Board on January 18, 2017. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. ROPS Item 147 APPROVED: ENVIRONMENTAL REVIEW: Pursuant to Title 15 of the California Code of Regulations, Section 15378(b)(4), this item is not subject to the California Environmental Quality Act review because the recommended approvals are not considered a project and are governmental funding mechanisms and fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant environmental impact. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt proposed resolution and submit the Fourth Amendment to the Agreement with Christensen & Spath to the Oversight Board for approval and subsequent submittal to the State. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Fourth Amendment to the Agreement with Christensen & Spath, LLP for Legal Services 2. Proposed resolution FOURTH 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 Fourth Amendment to the Agreement is entered into this 7th day of February, 2017, 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 a 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. On November 18, 2014, the Successor Agency approved a Third Amendment to amend Section 12 to extend the term of the Agreement to December 6, 2016, and to amend Section C of Article 3 (Compensation) to increase the not to exceed amount to $450,000. E. The affordable housing responsibilities remained under the CDC as the "CDC - HA". F. 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. G. The FIRM currently provides legal services to the CDC -HA in affordable housing matters. H. The Parties desire to amend the Agreement to extend the term to December 6, 2018. I. This Fourth 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 to extend the term of the Agreement to December 6, 2018. THE PARTIES FURTHER AGREE that Article 3 (Compensation), Section C of the Agreement as previously amended, shall remain in effect to provide a total not to exceed amount of $450,000. THE PARTIES FURTHER AGREE that with the foregoing exceptions, 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 Fourth 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: George H. Eiser, III Interim General Counsel Fourth Amendment to Agreement CHRISTENSEN & SPATH, LLP By: C.- Charles Christensen, Esq. 2 National City Successor Agency and Christensen & Spath, LLP RESOLUTION NO. 2017 — RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE FOURTH AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY AND CHRISTENSEN & SPATH, LLP, TO EXTEND THE TERM, WITH NO CHANGE TO THE 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, on November 18, 2014, the Successor Agency approved a Third Amendment to amend Section 12 to extend the term of the Agreement to December 6, 2016, and to amend Section C of Article 3 (Compensation) to increase the not to exceed amount to $450,000; 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 for an indefinite period subject to termination by either party upon sixty (60) days' written notice, with no change to the total not to exceed amount of $450,000; and WHEREAS, this Fourth 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 Fourth Amendment to the Agreement by and between the Successor Agency and Christensen & Spath, LLP, to extend the term for an indefinite period, subject to termination by either party upon sixty (60) days' written notice, with no change to the total not to exceed amount of $450,000. The Fourth Amendment to the Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2017 — Page Two PASSED and ADOPTED this 7th day of February, 2017. Ron Morrison, Chairman ATTEST: Michael R. Dalla, City Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: George H. Eiser, III Interim Successor Agency Counsel CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk March 7, 2017 Mr. Charles Christensen Christensen & Spath, LLP 550 West C Street, Suite 1660 San Diego, CA 92101 Dear Mr. Christensen, On February 7th, 2017, Resolution No. 2017-84 was passed and adopted by the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, authorizing execution of a Fourth Amendment 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. alla, CMC City Clerk Enclosures