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Home My WebLink AboutRedevelopment Agency - 32 RESOLUTION NO. 32 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE AGREEMENT RE LEGAL SERVICES AND AUTHORIZING THE EXECUTION THEREOF. WHEREAS, the Redevelopment Agency of the City of Huntington Beach ( "Agency" ) desires to, employ legal counsel to represent the Agency in connection with the adoption and implementation of a new redevelopment plan( s) and the implementation and/or amendment of the Agency' s existing redevelopment plan; and, WHEREAS, the Agency has reviewed the qualifications and experience of Stradling, Yocca, Carlson & Rauth, a professional corporation ( "Legal Counsel" ) and finds Legal Counsel duly qualified to render the legal services required by the Agency; and, WHEREAS, there has been presented to the Agency that certain Agreement Re Legal Services with Legal Counsel attached hereto as Exhibit "A" incorporated herein by reference pursuant to which the Agency employs Legal Counsel and Legal Counsel accepts such employment to represent Agency in connection with the adoption and implementation of a new redevelopment plan( s) and the implementation and/or. amendment of the existing redevelopment plan. NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach does hereby resolve as follows : Section 1 . The Agreement Re Legal Services attached hereto as Exhibit "A" and incorporated herein by reference ' is hereby approved and the Chairman and Secretary of the Agency are hereby authorized and directed to execute said Agreement Re Legal Services on behalf of the Agency as the Agency' s act and deed. The Secretary of the Agency is hereby authorized and directed to mail an executed copy of the attached Agreement to . Legal Counsel. PASSED, APPROVED and ADOPTED this 17thday of May , 1982, at a Reticular meeting of the Redevelopment Agency of the City of Huntington Beach by the following vote: Ayes : MacAllister, Mandi c, Finley, Bailey, Kelly Noes: Thomas Absent: Patti nson Chairman ATTEST: ;APQROVEO A$ TO FORM r Secretary ----------------- ----�-�� GAIL HUTTON; � .. City Attorney "" AGREEMENT RE LEGAL SERVICES THIS AGREEMENT is made and entered into as of the day of , 1982, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ( "Agency" ) and STRADLING, YOCCA, CARLSON & RAUTH, a professional corporation ( "Legal Counsel" ) . R E C I T A L S : A. Agency desires legal services in connection with the adoption of a redevelopment plan( s) and the implementation thereof as well as the implementation and/or amendment of its existing redevelopment plan. B. Legal Counsel represents that it is ready, willing and able to provide the legal services which will be required by the Agency in connection with the adoption of a redevelopment plan( s) and the implbmentidn thereof as well as the implementation and/dr amendment of its existing redevelopment plan. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. Agency hereby employs Legal Counsel and Legal Counsel hereby accepts such employment to represent Agency in connection with the adoption and implementation of a redevelopment plan( s) as well as the implementation and/or amendment of its existing redevelopment plan. SECTION 2. Legal services shall include, but not be limited to, the preparation of a calendar of proceedings setting forth the various steps required to be taken in connection with the approval of the redevelopment plan( s ) ; the preparation of drafts of the required legal documents, including the various resolutions and ordinances adopting the plan( s) ; receiving and reviewing comments with respect to these drafts and preparing the final versions of such documents; attendance at sdc� informal, informational meetings and formal meetings of the Agency and/or City Council of the City of Huntington 004ch as the Agency may specify; consultations with and the roddering of advice to the Agency, the City Attorney of the City of Huntington, Staff and other persons designated by the Agency in connection with the foregoing; and attendance at the public hearing at which the redevelopment plan( s) is considered. • In addition to the foregoing, Legal Counsel ' s services shall also include supplying Agency Staff with advice concerning the statutory criteria pertaining to the documents to be prepared by the Agency Staff, providing such assistance to the Agency Staff as may be necessary in order to complete such documents, and consulting with and advising the Agency Staff with respect to the nonlegal and legal requirements leading to the adoption of a redevelopment plan( s ) and the implementation thereof. In connection with the implementation of the redevelopment plan( s) , Legal Counsel ' s services will 2 2130P include, but not be limited to, participation in discussion with property oWftbra and potential developers regarding the dispositidn acid dbvdioprent of property in accordance with the redevelopmOdti plAn( s ) And the drafting of appropriate agreemento 446 accomplibh such purposes . SECTION ' 3. Legal Counsel' s fee for such services shall be based upon the hourly rate of Ninety-Five Dollars ( $95 .00) per hour to be billed monthly. Legal Counsel shall prepare a monthly statement which will set forth the nature of the services provided during the preceding month for the total number of hours attributable to providing such services . In addition, Legal Counsel shall be entitled to reimbursement from Agency for out-of-pocket expenses incurred in connection with the provision of said legal services, such as long distance telephone charges, messenger fees, xerox and word processing fees and charges for travel outside of the Southern California area at the direction of Agency. Said monthly statement shall include the total amount of such expenses incurred during the preceding month. 3 - 2130P i SECTI 4 Prior to incurring out-of-pocket expenses under Section 3 v hld]4 exceed $50 for any cost item , T_,et�al. Counsel will obtain prior approval from Agency as a condition of reimbursement. SECTION 5. In performing legal services under this agree- ment , Legal Counsel shall work under the direction and control of the City Attorney and shall not render additional legal services other than those specified in this agreement without the advance concurrence of the City Attorney. Legal Counsel shall report jointly to the City Attorney and the City Administrator or his designee. SECTION 6. This Agreement may be terminated by the Agency at any time by giving written notice to Legal Counsel with or without cause. In the event of termination , all finished and unfinished documents , exhibits , project data, reports , and evidence shall , at the option of Agency, become its property and shall be delivered to it by Legal Counsel. SECTION 7. Legal Counsel shall defend , indemnify and hold harmless Agency and city, its officers , agents and employees , from and against any and all liability, judgments , damages , costs , losses, claims, including Workers' Compensation claims, and ex- penses resulting from or connected with Legal Counsel ' s negligence or other tortious conduct in the performance of this agreement. SECTION 8. It is further understood and agreed that Legal Counsel are , and shall be , acting at all times as independent contractors herein and not as employees of ,Agency. Legal Counsel -4- shall secure at their expense , and be responsible for any and all payment of income tax , social security, state disability insur- ance compensation, unemployment compensation, Workers' Compensa- tion, and payroll deductions for Legal Counsel and their officers , agents and employees , and all business licenses, if any, in con- nection with the services to be performed hereunder. SECTION 9. Legal Counsel hereby designates Thomas P. Clark Jr. as the attorney primarily responsible for the services rendered hereunder with principal backup being provided by David R. McEwen and Barney A. Allison. IN WITNESS WHEREOF , the parties hereby have caused this Agree- ment to be executed as of the date and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH BY44 IP. Chairman ATTEST: ec_76ary3 /7 APPROVED, STRADLING, YOCCA , CARLSON & RAUTH , a Professional Corp r do r. -t �- City Admin strator By: Thomas P. Clark, Jr. z- 17 V,r_� - - APPROVED AS TO FORM: Ciff Attorney -5- Res. No. 32 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 17th day of May , 19782, and that it was so adopted by the following vote: AYES: Members: MacAllister, Mandic, Finley, Bailey, Kelly NOES Members: Thomas ABSENT: Members: Pattinson Secretary of the Redevelopment Agency of the City of Huntington Beach