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HomeMy Public PortalAboutA1990-06-19LRA• a LYNWOOD REDEVELOPMENT AGENCY 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (213) 603-0220 Robert Henning CHAIRMAN Paul Richards, VICE CHAIRMAN Louis J. Heine. MEMBER Call Armando Rea. MEMBER to Order. Evelyn Wells, MEMBER R E C E I V E D Call. CITY OF LYNWOOD I CITY G:. C. ^..:St'„ -DICE AGENDA JUN 1�1990 A D D E N D U M AM PM 71819110 1111 12111213 14I 6 LYNWOOD REDEVELOPMENT AGENCY JUNE 19, 1990 REGULAR MEETING 7:30 P.M. i LYNWOOD CITY HALL, 11330 BULLIS ROAD ROBERT HENNING CHAIRMAN PAUL H. RICHARDS VICE CHAIRMAN ARMANDO REA MEMBER EXECUTIVE DI CHARLES G. GOMEZ OPENING CEREMONIES: A. Call Meeting to Order. B. Roll Call. ( HENNING- RICHARDS -HEINE -REA WELLS). C. Certification of Agenda Posting by Secretary. ITEMS FOR CONSIDERATION 1. APPROPRIATION TO COVER LEGAL SERVICES. Comments: LOUIS HEINE MEMBER EVELYN M. WELLS MEMBER AGENCY C OUNSEL HENRY S. BARBOSA To have the Agency adopt the attached resolution appropriat- ing funds to cover fees for Kane, Ballmer and Berkman. Recommendatio It is recommended that the Agency approve the attached resolu- tion. 0 B �M LYNWOOD REDEVELOPMENT AGENCY 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (213) 603 -0220 Robert Henning CHAIRMAN Paul Richards, VICE CHAIRMAN Louis J. Heine, MEMBER Armando Rea, MEMBER Evelyn Wells, MEMBER !� A G E N D A LYNWOOD REDEVELOPMENT AGENCY June 19, 1990 I U REGULAR MEETING 7:30 P.M. LYNWOOD CITY HALL, 11330 BULLIS ROA_ ROBERT HENNING CHAIRMAN PAUL H. RICHARDS II VICE CHAIRMAN ARMANDO REA MEMBER EXECUTIVE DIRECTOR CHARLES G. GOMEZ OPENING CEREMONIES: A. Call Meeting to Order. ,A) F ITY OF LYTTNOOD 'Y CLE^I<S OFFICE JUN 15 1990 AM PM 7 1 8 i 9 i 10 i 11 i 12 i1i2i314i5ii6 LOUIS J. HEINE MEMBER EVELYN WELLS MEMBER AGENCY COUNSEL JAMES D. CLARK B. Roll Call. ( HENNING- HEINE - REA- RICHARDS- WELLS) C. Certification of Agenda Posting by Secretary. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) ITEMS FOR CONSIDERATION: 1. MINUTES OF PREVIOUS MEETING Regular Meeting of June 5, 1990 2. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD, CALIFORNIA ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFOR. III REGULAR ITEMS 3. EXCESS TAX INCREMENT MONEY RELEASED BY FISCAL AGENT Comments: To have Agency members approve the appropriation of seven hundred fifty eight thousand dollars ($758,000.00) to the City of Lynwood to be applied towards outstanding indebtedness of the Agency with the City of Lynwood. Recommendation: It is recommended that Agency members approve the attached resolution appropriating $758,019 of excess tax increment money received by the Agency towards the outstanding indebtedness of the Agency with the City of Lynwood. 4. REAL ESTATE APPRAISAL SERVICES - LEA ASSOCIATES, INC. 5 [1 Comments: To request Agency approval to enter into an Agreement with Lea Associates, Inc. to provide real estate appraisal services for the Freedom Ford project. Recommendation: Staff respectfully requests that, after consideration, the Agency adopt the attached Resolution approving the attached Agreement with Lea Associates, Inc. for an amount not to exceed $22,900 and direct the Chairman to execute the Agreement. FIXTURE & EQUIPMENT APPRAISAL SERVICES - CROCKETT & ASSOCIATES, LTD. Comments: To request Agency approval to enter into an Agreement with Crockett & Associates, Ltd. to provide fixture, furniture and equipment appraisal services for the Freedom Ford project. Recommendation: Staff respectfully requests that, after consideration, the Agency adopt the attached Resolution approving the attached Agreement with Crockett & Associates, Ltd. for an amount not to exceed $10,000 and direct the Chairman to execute the Agreement. AMENDMENT TO RATES FOR LEGAL SERVICES OF AGENCY SPECIAL COUNSEL Comments: To request Agency amendment to the rate schedule Agency Special Counsel. Recommendation: consideration to a proposed for legal services provided by Staff respectfully requests that the Agency provide staff with appropriate direction in this matter. K DISCUSSION ITEMS 7. DISPOSITION AND DEVELOPMENT AGREEMENT WITH MR. MOHANDRA PATEL Comments: Staff will review draft Disposition and Development Agreement and Section 33433 Report pertaining to the Travelodge. INFORMATIONAL ITEMS None CLOSED SESSION ITEMS None AGENCY ORAL AND WRITTEN COMMUNICATION PUBLIC ORAL COMMUNICATION ADJOURNMENT: Motion to adjourn to a Regular Meeting of the Lynwood Redevelopment Agency to be held July 3, 1990 at 7:30 p.m. in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California. wsibm \lracvr \sf 3 REGULAR MEETING JUNE 5, 1990 The Redevelopment Agency of the City of Lynwood met in a regular session in the City Hall, 11330 Bullis Road on the above date at 7:35 p.m. Vice - Chairman Richards in the chair. Members Heine, Rea, Richards answered the roll call. Members Henning and Wells were absent. It was moved by Mr. Rea, seconded by Mr. Heine to excuse Mr. Henning and Mrs. Wells. Also present were Executive Director Gomez, General Counsel Barbosa, Secretary Hooper and Treasurer Wright. Secretary hooper announced the agenda had been duly posted in accordance with The Brown Act. PUBLIC ORAL COMMUNICATIONS - AGENDA ITEMS ONLY: Hearing no response, public oral communications was closed ITEMS FOR CONSIDERATION: It was moved by Mr. Rea, seconded by Mr. Heine to approve minutes of Regular Meeting of May 15, 1990. ROLL CALL: AYES: MEMBERS HEINE, REA, RICHARDS NOES: NONE ABSENT: MEMBERS HENNING, WELLS LRA RESOLUTION NO. 90 -24 entitled: "A RESOLUTION OF THE REDEVELOP- MENT AGENCY OF THE CITY OF.LYNWOOD, CALIFORNIA ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFOR." was presented. it was moved by Mr. Heine, seconded by Mr. Rea to adopt the resolution. ROLL CALL: AYES: MEMBERS HEINE, REA, RICHARDS NOES: NONE ABSENT: MEMBERS HENNING, WELLS LRA RESOLUTION NO. 90 -25 entitled: "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY ENTERING INTO AN AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC:" was presented. It was moved by'Mr. Heine, seconded by Mr. Rea to adopt the resolution. ROLL CALL: AYES: MEMBERS HEINE, REA, RICHARDS NOES: NONE ABSENT: MEMBERS HENNING, WELLS LRA RESOLUTION NO. 90 -26 entitled; "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY EXTENDING THE TERM OF THE EXCLUSIVE NEGOTIATION AGREEMENT WITH MR. MOHANDRA PATEL." was presented. It was moved by Mr. Heine, seconded by Mr. Rea to adopt the resolution. ROLL CALL: AYES: MEMBERS HEINE, REA, RICHARDS NOES: NONE ABSENT: MEMBERS HENNING, WELLS Vice - Chairman Richards requested item - Economic Development Grant to relocate Buzz Sportswear to the City of Lynwood, continued to the next scheduled meeting. Vice - Chairman Richards requested item - Developments pertaining to the Lynwood Market place, continued to the next scheduled meeting. Mr. Heine discussed time schedule M & D was working with. PUBLIC ORAL COMMUNICATIONS: Hearing no response, public oral communications was closed. There was no further business and it was moved by Mr. Heine, I seconded by Mr. Rea to adjourn. Chairman APPROVED Secretary 17A ` RESOLUTION NO. LRA A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD LYNWOOD, CALIFORNIA ALLOWING AND APPROVING THE DEMANDS AND ORDERING 1;4 _ WARRANTS THEREFOR W E ' 1 A The Redevelopment Agency of the City of Lynwood does hereby resolve as follows: c7 Section 1. That the demands presented, having been regularly audited, are hereby allowed and ^ approved, and that warrants ordered drawn therefor by the Agency Treasure to the payee and in the amounts indicated. R? WARRANT# /DATE PAYEE DESC AMOUNT AREA A ALAMEDA 274 06 -19 -90 CITY OF LYNWOOD PARTIAL PMT -PROP ACQUIST 758,019.00 738,019.00 0.00 2402 06 -19 -90 RAYNOPID M-1 VOID -CK STALE DATED -23,608.97 -23,608.97 0.00 2972 -75 06 -19 -90 SPOILED CHECK SPOILED CHECK 0.00 ,u 2976 06 -19 -90 DATALOGIC TONER CARTRIDGES 90.00 45.00 45.00 2977 06 -19 -90 HO OFFICE SUPPLIES WAREHOUSE OFFICE SUPPLIES 219.30 109.65 109.65 2977 06 -19 -90 HO OFFICE SUPPLIES WAREHOUSE OFFICE SUPPLIES 441.92 220.96 220.96 2978 06 -19 -90 KATZ HOLLIS COREN & ASSOC INC. FINANCIAL SERVICES 4/90 115.00 0.00 115.00 2979 06 -19 -90 CITY OF LYNWOOD SALARIES & BENEFITS 3/90 15,269.53 11,753.00 3,516.53 AO 2979 06 -19 -90 CITY OF LYNWOOD CIP EXPENDITURES 5/90 24,554.37 24,354.37 0.00 2979 06 -19 -90 CITY OF LYNWOOD SALARIES & BENEFITS 4/90 10,352.25 7,794.43 2, 557. SO 2979 06 -19 -90 CITY OF LYNWOOD CIP EXPENDITURES 4/90 70,739.99 70,739.99 0.00 r 2979 06 -19 -90 CITY OF LYNWOOD ADMIN. EXP.--3/90 14, 239.45 11, 792. 41 2,447.04 2980 06 -19 -90 LYNWOOD REDEVELOPMENT AGENCY FUND TRANS /TAX INC FUND 758,019.00 758,019.00 0.00 - 2981 06 -19 -90 MORELAND AND ASSOCIATES ACCTG ASSIST 5/90 779.86 389.93 389.93 2982 06 -19 -90 NEIL'S STATIONERS,INC OFFICE EQUIPMENT 628.75 314.38 314.37 40 2983 06 -19 -90 PEERLESS STATIONERS OFFICE SUPPLIES 29.31 14.66 14.63 2984 06 -19 -90 RAPID PUBLISHING, INC. PROMOTIONAL AD 5/90 1,600.00 800.00 800.00 2985 06 -19 -90 TIMELY TEMPORARY TEMPORARY HELP 580.00 290.00 290.00 of ar TOTAL 1, 632, 068_76 1, 621, 247. 83 10, 820. 93 Section 2. That the Agency Secretary shall certify to the adoption of the resolution and shall deliver a certified copy to the Agency Treasure and shall retain a copy thereof for the record. PASSED, APPROVED AND ADOPTED THE day of 1990 ATTEST: ANDREA ,ROBERT HENNING"p L. HOOPER SECRETARY - CHAIRMAN, Lynwood Redevelopment Agency DATE: TO: June 19, 1990 HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY & / ; I— FROM: Kenrick R. Karefa- Johnson Interim Director of Community Development SUBJECT: EXCESS TAX INCREMENT MONEY RELEASED BY FISCAL AGENT Objective: To have Agency members approve the appropriation of seven hundred fifty eight thousand dollars ($758,000.00) to the City of Lynwood to be applied towards outstanding indebtedness of the Agency with the City of Lynwood. Facts: 1. On May 25, 1990, the Agency received a check in the amount of $758,019.00 from Security Pacific National Bank for the excess tax increment for the fiscal years 1986 -87, 1987 -88 and 1988 -89. 2. In accordance with Section 33670(b) of the Health and Safety Code, excess tax increment should be allocated and used to pay indebtedness incurred by the Redevelopment agency in financing projects. 3. As of June 20, 1990, the Agency has an outstanding debt of $1,042,183.00 owed to the City of Lynwood for the acquisition of the Towne Center property. ($634,784 original principal + $407,399 accrued interest = $1,042,183) 4. In order to comply with Health & Safety code Section 33607(b), it is required that an appropriation of $758,019 be approved to pay a portion of outstanding indebtedness owed to the City of Lynwood. Recommendation: It is recommended that Agency members approve the attached resolution appropriating $758,019 of excess tax increment money received by the Agency towards the outstanding indebtedness of the Agency with the City of Lynwood. AGENDA ITEM 3 LRA RESOLUTION 90- A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE APPROPRIATION OF FUNDS FOR PAYMENT OF INDEBTEDNESS TO THE CITY OF LYNWOOD WITH EXCESS TAX INCREMENT MONEY WHEREAS, the Lynwood Redevelopment Agency desires to pay a portion of outstanding indebtedness owed to the City of Lynwood with excess tax increment money received in the amount of $758,019.00; and WHEREAS, under Section 33670(b) of the Health and Safety Code, excess tax increments should be allocated and used to pay indebtedness incurred by the Redevelopment Agency in financing projects; . NOW, THEREFORE, be it resolved that members of the Lynwood Redevelopment Agency do find, order, proclaim and resolve as follows: Section 1. The Agency approves authorization to make the following appropriations: From: $758,019 Project Area " A " Tax Increment Fund To: 14 -5140 $407,399 14 -5150 $350,620 Section 2. The Agency hereby adopts this resolution and directs and authorizes the Executive Director to make the above appropriation. PASSED, APPROVED and ADOPTED by the Lynwood Redevelopment Agency at a regular meeting duly held on the 19th. day of June, 1990. ATTEST: Andrea L. Hooper, Secretary Lynwood Redevelopment Agency APPROVED AS TO CONTENT: James Dexter C Agency Counsel lra \16 \extaxinc \061490 \sf Esq. ROBERT HENNING, CHAIRMAN Lynwood Redevelopment Agency APPROVED AS TO FORM: Kenrick R. Karefa- Johnson Interim Director of Community Development NOTED AS TO CONTENT: Alfretta Earnest Interim Director of Finance I DATE: TO: FROM: SUBJECT: PURPOSE: To request Associates, the Freedom FACTS: June 19, 1990 HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY Kenrick Karefa - Johnson �Lg, Interim Director of Community Development REAL ESTATE APPRAISAL SERVICES - LEA ASSOCIATES. INC. 1. The Lynwood Redevelopment Agency has entered into an exclusive negotiation agreement with MKWT Development Company, owner of Freedom Ford, to consider a proposal to relocate their current operations in South Gate to Lynwood. 2. To determine the cost of the project it is necessary to obtain real property analysis services to appraise the properties located on the project site. 3. Agency staff has requested Lea Associates, Inc. to submit a proposal to conduct the real estate appraisals of thirteen residential and commercial properties. 4. Agency staff has received the proposal of Lea Associates, Inc. to conduct appraisals of said properties. ANALYSIS AND CONCLUSION: The basic services which Lea Associates, Inc. proposes to provide for a fixed fee of $16,000 consists of narrative appraisal reports, in three (3) copies, sufficient in form and content to provide an estimate of the fair market value of the subject properties. As part of the basic services, Lea Associates, Inc. will order Title Reports on each of the parcels from the Title Company on behalf of the Lynwood Redevelopment Agency; however, the cost of the Title Reports will be passed onto the Agency. The cost for thirteen Title Reports is $3,900. Lea Associates will provide additional services upon the request of the Agency, including valuation updates and hearing or trial preparation and appearances. If these services are necessary and provided by John G. Ellis, MAI, they will be billed at the rate of $165.00 per hour. If these services are provided by other professional staff members of Lea Associate, Inc., they will be billed in accordance with its current standard billing rate. Lea Associates will also bill the Agency for a minimum of one - half day for any required appearance at trial, deposition, or other judicial proceeding. Any costs incurred for necessary overnight travel, messenger delivery services, and exhibits requested by counsel will also be passed on to the Agency. AGENDA ITEM Agency approval to enter into an Agreement with Lea Inc. to provide real estate appraisal services for Ford project. The basic real estate appraisal services Lea Associates, Inc. proposes to provide, can provide the Agency with essential information during the negotiations with MKWT Development Company and in the acquisition phase of the project. Knowledge of the valuation of the properties on the proposed site can help assist the Agency in determining the cost of acquiring the project site. Moreover, in attempting to acquire the properties it provides the Agency with information necessary to make sound offers to the property owners. Staff proposes that the Agency include an additional sum $3,000 to cover the cost of any other additional services that it might need to obtain from Lea Associates, Inc. in the occurrence of any unforeseen problems in the Agency's attempt to acquire the properties located on the project site. RECOMMENDATION: Staff respectfully requests that after consideration the Agency adopt the attached Resolution approving the attached Agreement with Lea Associates, Inc. for an amount not to exceed $ 22,900 and direct the Chairman to execute the Agreement. dk5 \resleaas.j1h.061390 i • CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into this day of June 1990, by and between the LYNWOOD REDEVELOPMENT AGENCY (hereinafter referred to as the "Agency ") and LEA ASSOCIATES, INC. (hereinafter referred to as the "Consultant "). WHEREAS, the Agency has undertaken certain activities pursuant to the California Community Redevelopment Law necessary to the planning and execution of redevelopment projects; and WHEREAS, the Agency desires to engage the Consultant to render certain real estate appraisal services related to the Freedom Ford project; and WHEREAS, the Consultant represents that it is qualified to perform such services under this Agreement. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: I. SCOPE OF SERVICES A. Subject to the terms and conditions set forth in this Agreement, the Consultant shall provide to the Agency the basic services as described: 1. Consultant shall conduct appraisal inspections of thirteen properties located on the proposed project site. 2. Consultant shall provide narrative appraisal reports, in three (3) copies, sufficient in form and content to provide an estimate of the fair market value of the subject properties. 3. Consultant will order Title Reports on each of the parcels from the Title Company on behalf of the Agency; however, Consultant will pass the cost of the Title Reports to the Agency. B. Subject to the terms and conditions set forth in this Agreement, the Consultant shall provide to the Agency the additional services as described: 1. Upon the request of the Agency, Consultant shall provide valuation updates and hearing or trial preparations and appearances. II. ASSISTANCE. DATA AND INFORMATION TO BE FURNISHED BY THE AGENCY The Agency shall provide the Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder, which are reasonably available to the Agency. 1 The Agency shall additionally provide the Consultant with appropriate staff assistance and shall take prompt and appropriate action when it will assist in insuring proper and timely performance by the Consultant hereunder. III. METHOD AND TIME OF PERFORMANCE Consultant shall complete the basic services•as described in Section I.A., under Scope of Services, within five to six weeks of receipt of notice to proceed. Consultant, if requested will perform and complete the additional service(s) described in Section I. B., under Scope of Services, within a time period negotiable between the Agency and the Consultant. Consultant shall perform the services of this Agreement in conformity with and subject to the requirements the Code of Professional Ethics and the Standards of Professional Practice of the American Institute of Real Estate Appraisers. IV. COMPENSATION AND METHOD OF PAYMENT A. Compensation 1. The basic services described in Section 1. A. of,said Agreement, shall be provided for a fixed fee of $16,000. 2. The Consultant shall bill the Agency for the cost of the Title Reports at a fee $3,900. 3. The additional services of Lea Associates, Inc. as described in Section 1. B., of said Agreement shall be billed in accordance with the Consultant's current standard billing rate;, however, the cost for obtaining the professional services of John G. Ellis, MAI, is $165.00 per hour. 4. Consultant shall bill the Agency for any costs incurred for necessary overnight travel, messenger delivery services, and exhibits requested by counsel. B. Method of Payment Consultant shall submit an invoice to the Agency upon starting the appraisal assignment for one -half of the total basic service fee including the cost of title reports. "Consultant, upon completion of appraisal assignment shall submit an invoice to the Agency for final half of the basic service fee including the cost of title reports. For any additional services performed once the basic appraisal services are completed, Consultant shall submit an invoice to the Agency specifying the amount due upon completion of the specific service(s). A late fee of 1 1/2% per month will be charged on any balances outstanding over 30 days. The total compensation for services shall not exceed the sum of $22,900. 2 V. GENERAL PROVISIONS 1. Litigation Fees. In the event of any controversy, claim or dispute between the Consultant and the Agency, arising out of or related to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, including all investigation, collection, attorneys' and arbitrators' fees and expenses. IN WITNESS WHEREOF, the Agency and the Consultant have executed this Agreement as of the date first hereinabove set forth. LYNWOOD REDEVELOPMENT AGENCY By: Chairman By: Secretary LEA ASSOCIATES, INC. By: 3 LRA RESOLUTION NO. • A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY ENTERING INTO AN AGREEMENT WITH LEA ASSOCIATES, INC. WHEREAS, the Lynwood Redevelopment Agency is considering a proposal of Freedom Ford to locate their current operations to Lynwood; and WHEREAS, to help determine the acquisition costs of acquiring the site proposed for the Freedom Ford project, it is necessary for the Agency to obtain real estate appraisal services for the properties on the site; and WHEREAS, Agency staff has received a proposal from Lea Associates, Inc. to provide real estate appraisal services for the Freedom Ford project; and WHEREAS, the Agency has determined that Lea Associates, Inc. is qualified by training and experience to perform the needed services; and NOW THEREFORE, the Lynwood Redevelopment Agency does hereby resolve as follows: Section 1. The Lynwood Redevelopment Agency hereby consents to the execution of the Agreement between the Agency and Lea Associates, Inc. for real estate appraisal services for a fee not to exceed $22,900. Section 2. The Lynwood Redevelopment Agency hereby directs the Chairman to execute said Agreement. PASSED, APPROVED and ADOPTED this 19th day of June, 1990. ATTEST: Andrea L. Hooper, Secretary APPROVED AS TO FORM: General Counsel ROBERT HENNING, CHAIRMAN Lynwood Redevelopment Agency APPROVED AS TO CONTENT: Kenrick R. Karefa- Johnson Interim Director of Community Development NOTED AS TO CONTENT: Alfretta Earnest Interim Director of Finance dk5\traresla.jjh.061390 L] DATE: June 19, 1990 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY FROM: Kenrick Karefa- Johnson Interim Director of Community Development SUBJECT:, FIXTURE & EQUIPMENT APPRAISAL SERVICES - CROCKETT & ASSOCIATES. LTD. PURPOSE: To request Agency approval to enter into an Agreement with Crockett & Associates, Ltd. to provide fixture, furniture and equipment appraisal services for the Freedom Ford project. FACTS: 1. The Lynwood Redevelopment Agency has entered into an exclusive negotiation agreement with MKWT Development Company, owner of Freedom Ford, to consider a proposal to relocate their current operations in South Gate to Lynwood. 2. To determine the cost of the project it is necessary to obtain a furniture, fixture and equipment appraisal of the businesses located on the project site. 3. Agency staff has requested Crockett & Associates, Ltd. to submit a proposal to conduct the furniture, fixture and equipment appraisal of the thirteen businesses located on Imperial Highway. 4. Agency staff has received the proposal of Crockett & Associates, Ltd. to conduct a fixture and equipment appraisal of commercial properties located on the proposed Freedom Ford site. ANALYSIS AND CONCLUSION: The basic services that Crockett & Associates Ltd. proposes to provide for a.fixed fee of $8,250 include: 1. A complete listing of all furniture, fixtures, machinery and equipment. 2. A description of each item, including name, manufacturer's name, model number, serial number, sizes and capacities, and all attachments and modifications where available. 3. Photographs of each item. 4. Three value categories, Replacement /Reproduction and Liquidation Value. including New Cost, Fair Market Value, 5. one original report and two copies of the appraisal. In addition to the cost for basic service, any updating of the report, analyzing of additional problems not covered or required in the original report, consultation or pretrial and trial conferences will be bill to the Agency at rate of $93.75 per hour. AGENDA ITEM S The basic appraisal services Crockett & Associates, Ltd. proposes to provide, can prove to be an essential information tool to the Agency during the negotiations with MKWT Development Company. Knowledge of the valuation of the equipment and fixtures of the businesses located on the project can help assist the Agency in determining the cost of acquiring the project site. Additionally, if it is necessary to purchase the equipment and fixtures, knowledge of the valuation of each will enable the Agency in making prudent offers to the business owners. Furthermore, staff proposes that the Agency include an additional $1,750 to cover the cost of the other said services Crockett & Associates Ltd. can provide in the occurrence of unforeseen problems in the Agency's attempt to acquire commercial properties on the project site.. RECOMMENDATION: Staff respectfully requests that after consideration the Agency adopt the attached Resolution approving the attached Agreement with Crockett & Associates, Ltd. for an amount not to exceed $10,000 and direct the Chairman to execute the Agreement. dk5 /lraleasr.jjh.061290 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into this ___ day of June 1990, by and between the LYNWOOD REDEVELOPMENT AGENCY (hereinafter referred to as the "Agency ") and CROCKETT ASSOCIATES, LTD. (hereinafter referred to as the "Consultant "). WHEREAS, the Agency has undertaken certain activities pursuant to the California Community Redevelopment Law necessary to the planning and execution of redevelopment projects; and WHEREAS, the Agency desires to engage the Consultant to render certain real estate appraisal services related to the Freedom Ford project; and WHEREAS, the Consultant represents that it is qualified to perform such services under this Agreement. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: I. SCOPE OF SERVICES A. , Subject to the terms and conditions set forth in this Agreement, the Consultant shall provide to the Agency the basic services as described: 1. Consultant shall conduct a• furniture, fixture and equipment appraisal of the commercial properties located on the proposed Freedom Ford project site on East Imperial Highway and provide a complete listing of all furniture, fixtures, machinery and equipment. 2. For each item description Consultant shall provide the name, manufacturer's name, model number, serial number, sizes and capacities, and all attachments and modifications where available. 3. Consultant shall provide photographs of each item of each item appraised. 4. Consultant's appraisal shall include three value categories: New Replacement /Reproduction Cost, Fair Market Value, and Liquidation Value. 5. Consultant shall submit one original report and two copies. 6. Consultant's report shall not cover good will, stock in trade, licensed vehicles, off -site equipment, stored equipment, parts inventory, work in progress, residential furnishings, or raw material of any kind. 4 1 0 . B. Subject to the terms and conditions set forth in this Agreement, the Consultant shall provide to the Agency the additional services as described: 1. Upon the request of the Agency, Consultant shall provide any report updates, analyses of additional.problems not covered or required in the original report, and consultation or pretrial and trial conferences. II. ASSISTANCE, DATA AND INFORMATION TO BE FURNISHED BY THE AGENCY The Agency shall provide the Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder, which are reasonably available to the Agency. The Agency shall additionally provide the Consultant with appropriate staff assistance and shall take prompt and appropriate action when it will assist in insuring proper and timely performance by the Consultant hereunder. III. METHOD AND TIME OF PERFORMANCE Consultant shall complete the basic services as described in Section I. A. under Scope of Services, within three or four weeks of authorization of the Agreement. Consultant, if requested will complete the additional services described in Section I. B. under Scope of Services, within a time period negotiable between the Agency and the Consultant. IV. COMPENSATION AND METHOD OF PAYMENT A. Compensation 1. The basic furniture, fixture and equipment appraisal services as described in Section 1. A. of said Agreement, will be provided for a fixed fee of $8,250. 2. The additional services as described in Section 1. B. of said Agreement, will be billed by the Consultant to the Agency at a rate of $93.75 per hour. B. Method of Payment Consultant shall submit an invoice(s) to the Agency specifying the amount due for basic and or any additional services performed by Consultant during the appraisal upon completion of the assignment. For any additional services performed once the basic appraisal services are completed, Consultant shall submit an invoice to the Agency specifying the amount due upon completion of the specific service(s). The total compensation for services shall not exceed the sum of $10,000. 2 0 Payment of the invoice(s) will be made after acceptance and approval by the Agency within (30) days of receipt of such invoice(s). Agency's approval of the invoice shall not be unreasonably withheld. V. RIGHT OF TERMINATION This Agreement may be terminated by either party on thirty (30) days written notice to the other, the effective date of cancellation being the 30th day of said written notice without further action by either party. IN WITNESS WHEREOF, the Agency and the consultant have executed this Agreement as of the date first hereinabove set forth. LYNWOOD REDEVELOPMENT AGENCY By: Chairman By: Secretary CROCKETT ASSOCIATES, LTD. By: 3 LRA RESOLUTION NO. A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY ENTERING INTO AN AGREEMENT WITH CROCKETT & ASSOCIATES, LTD. WHEREAS, the Lynwood Redevelopment Agency is considering a proposal of Freedom Ford to locate their current operations to Lynwood; and WHEREAS, to help determine the acquisition costs of acquiring the site proposed for the Freedom Ford project it is necessary for the Agency to obtain a furniture, fixture and equipment appraisal of the businesses located on site; WHEREAS, Agency staff has received a proposal from Crockett & Associates, Ltd. to conduct a furniture, fixture and equipment appraisal of the commercial properties located on the proposed Freedom Ford site. WHEREAS, Crockett Associates, Ltd. is well qualified having successfully provided appraisal services to the Lynwood Redevelopment Agency for other redevelopment projects; and WHEREAS, the Agency has determined that Crockett Associates, Ltd. is qualified by training and experience to perform the needed services; and NOW THEREFORE, the Lynwood Redevelopment Agency does hereby resolve as follows: Section 1. The Lynwood Redevelopment Agency hereby consents to the execution of the Agreement between the Agency and Crockett Associates, Ltd. for furniture, fixture and equipment appraisal services for a fee not to exceed $10,000. Section 2. The Lynwood Redevelopment Agency hereby directs the Chairman to execute said Agreement. PASSED, APPROVED and ADOPTED this 19th day of June, 1990. ROBERT HENNING, CHAIRMAN Lynwood Redevelopment Agency ATTEST: Andrea L. Hooper, Secretary APPROVED AS TO FORM: General Counsel APPROVED AS TO CONTENT: Kenrick R. Karefa- Johnson Interim Director of Community Development NOTED AS TO CONTENT: Alfretta Earnest Interim Director of Finance dk5 \rescrock \11h.061390 6 DATE: June 19, 1990 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD FROM: Kenrick R. Karefa- Johnson Interim Director of Community Development SUBJECT: AMENDMENT TO RATES FOR LEGAL SERVICES OF AGENCY SPECIAL COUNSEL Purpose: To request Agency consideration to a proposed amendment to the rate schedule for legal services provided by Agency Special Counsel. Discussion: Per the attached letter, Kane, Ballmer & Berkman, Agency Special Counsel, is requesting Agency's approval of the First Amendment to the Agreement for Legal Service. The adjustment to the rate schedule as proposed ranges from 1.5% to + 5.0 %. The 5% increase go to the Associates, the Redevelopment Specialist and the Legal Assistant II categories of the schedule. For detail, please refer to Table 1 of the attached letter. Recommendation: Staff respectfully requests that the Agency provide staff with appropriate direction in this matter. lra \16 \amendkbb \061590 \sf AGENDA ITEM 6 A LAW CORPORATION 354 SOUTH SPRING STREET, SUITE 420 LOS ANGELES, CALIFORNIA 90013 TELEPHONE (213) 617-0400 MURRAY O. KANE TELECOPIER (213) 625-0931 BRUCE D. BALLMER JAMES DEXTER CLARK GLENN F. WASSERMAN MARJORIE R. FRIEDLANDER R. BRUCE TEPPER, JR. RENEE L. CAMPBELL KATHRYN REIMANN PRINCIPALS Mr. Robert Henning Executive Director Redevelopment Agency City of Lynwood 11330 Bullis Road Lynwood, California Dear Mr. Henning: of the 90262 May 18, 1990 ROBERT P. BERKMAN RETIRED EUGENE B. JACOBS A PPOIE.51014a1- COPcOPAI.ON OF COUNSEL Over two years ago the Agency and our firm entered into a legal services agreement containing rates for services at our prevailing rate schedule, as shown in column (1) on Table 1 enclosed. Since that time we have experienced a general but significant increase in salary requirements, particularly among the senior associates. In hiring the best people, modernizing our equipment related services, and meeting personnel and office needs generally we have had to accept cost increases. We are absorbing much of the increase, but are also now requesting an adjustment in rates at basically inflationary levels only to our new prevailing rate schedule. Table 1 enclosed shows the adjustments we are requesting, ranging from -1.5% to i5.0% per year. It also shows a split in the billing rates for partners (principals) based on experience, and the attorney categories we are adding for our new highly experienced associates. Finally, we are requesting an increase in copying reimbursement from .15 to .25 per page to reflect changes from 1980 when the former rate was instituted, and to clarify the FAX cost recovery charge of $1.00 per page. Table 2 enclosed shows the categories in which the various professionals in the firm would be billed at this time. We are requesting that the changes be effective for work performed and charges incurred after July 1, 1990. KANE, BALLMER & BERKMAN Enclosed are two executed copies (one for each of us) of a proposed amendment to our legal services agreement which would memorialize these changes. We respectfully request that this • 6 r Robert Henning May 18, 1990 Page 2 amendment be presented to the Agency Board at your earliest convenience for their consideration. Thank you for your consideration of this matter. Very truly yours, KANE, BALLMER & BERKMAN Murray Kane Enclosures cc: Henry S. Barbosa City Attorney L � • Table 1 ( (2) (3) Proposed Annual Category Old Rate New Rate Increase Senior Principals (Partners) 150 160 3.3% Sr. Principal Level Assoc. - 160 - Principals (Partners) 150 145 Principal Level Assoc. - 145 - Senior Associates (Senior 120 125 2.0% Attorneys) Associates 100 110 5.0% Redevelopment Specialists 100 110 5.0% Legal Assistant I 70 75 3.5% Legal Assistant II 50 55 5.0% Word Processing 25 25 0% 0 Table 2 6 STATUS OF ATTORNEYS AND OTHER PROFESSIONALS Murray 0. Kane Bruce D. Ballmer James Dexter Clark Glenn F. Wasserman R. Bruce Tepper, Jr. Marjorie R. Friedlander Kathryn Reimann Renee L. Campbell Edwin Freston Gerald Greene Joseph Pannone June E. Ailin Alex Chiu Pamela S. Greer Royce K. Jones Marc J. Manason Ellyn J. Stein Niki Frank Stokols Erma S. Lake Michael Estrada John V. Leary Michael D. Montoya Jane Barrington Denise Gardiner Andre Sosnowski Word Processing Senior Principal (Partner) $160 /hr Senior Principal (Partner) $160 /hr Senior Principal (Partner) $160 /hr Senior Principal (Partner) $160 /hr Senior Principal (Partner) $160 /hr Principal (Partner) $145 /hr Principal (Partner) $145 /hr Principal (Partner) $145 /hr Principal Level Associate $145 /hr Principal Level Associate $145 /hr Principal Level Associate $145/hr Senior Associate $125 /hr Senior Associate $125 /hr Senior Associate $125 /hr Senior Associate $125 /hr Senior Associate $125 /hr Senior Associate $125 /hr Senior Associate $125 /hr Redevelopment Specialist $110 /hr Associate $110 /hr Associate $110 /hr Associate $110 /hr Legal Assistant I $ 75 /hr Legal Assistant I $ 75 /hr Legal Assistant I $ 75 /hr RATE SUMMARY Senior Principals Senior Principal Level Associates Principals Principal Level Associates Senior Associates Redevelopment Specialist Associates Legal Assistant I Legal Assistant II Word Processing Photocopies (per page) Telecopies (per page) $ 25 /hr $160 /hr $160 /hr $145 /hr $145 /hr $125 /hr $110 /hr $110 /hr $ 75 /hr $ 55 /hr $ 25 /hr 0.25 Each 1.00 Each 0 0 FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH KANE, BALLMER & BERKMAN THIS AGREEMENT, entered into this day of 1990, by and between the LYNWOOD REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter referred to as the "Agency "), and KANE, BALLMER & BERKMAN, A Law Corporation, authorized to practice law in California and with principal offices in the City of Los Angeles, California (hereinafter referred to as "Special Counsel "). WITNESSETH WHEREAS, the Agency and Special Counsel entered into an Agreement for Legal Services on February 16, 1988; WHEREAS, the Agency and Special Counsel desire to amend the Agreement. NOW, THEREFORE, the parties do hereby mutually agree to amend the Agreement as follows: 1. The provisions for compensation in the Agreement (pages 5 & 6) are hereby amended to read in their entirety as follows: apeclal Counsel shall be compensated for services rendered under this Agreement in accordance with the following schedule: Senior Principals - - - - -- -$160 per hour Senior Principal Level Associates----- - - - - -- -$160 per hour Principals - - - - -- -$145 per hour Principal Level Associates - - - - -- -$145 per hour Senior Associates - - - - -- -$125 per hour As sociates ----------------- ----------- - - - - -- -$110 per hour Redevelopment Specialist - - - - -- -$110 per hour Legal Assistant I - - - - -$ 75 per hour Legal Assistant II --------------------------- $ 55 per hour Word Processing ------------------------------ $ 25 per hour For travel, subsistence, and other out -of- pocket expenses authorized by the Agency in connection with the performance of duties under this Agreement: (a) The amount of the actual cost of transportation by common carrier or at the rate of twenty -five (25) cents per mile, if travel is performed by privately owned automobile. (b) Subsistence expenses, supported by detailed records in the amount of the actual costs. 0 9 (c) Taxi fares, long distance telephone calls, and similar expenditures in the amount of actual cost. (d) Duplication costs for all copies in excess of first copy, at a cost of twenty -five (25) cents per page and facsimile costs at one dollar ($1.00) per page. (e) Fees and costs incurred by Special Counsel on engaging consultants and experts approved by the Agency. Special Counsel shall not be reimbursed for secretarial or typist services nor for normal office operating expenses, with the exception of word processing fees as noted above. Special Counsel shall be reimbursed for actual litigation costs, fees and expenses such as filing fees, expert witness fees, charges for service of process and costs of investigation. 2. All other terms and conditions shall remain in full force and effect. 1990. 3. The effective date of this Amendment shall be July 1, IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first above written. LYNWOOD REDEVELOPMENT AGENCY By: KANE, BALLMER & BERKMAN A Law Corporation By: ©. '�'. 9 FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH KANE, BALLMER & BERKMAN THIS AGREEMENT, entered into this day of 1990, by and between the LYNWOOD REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter referred to as the "Agency "), and KANE, BALLMER & BERKMAN, A Law Corporation, authorized to practice law in California and with principal offices in the City of Los Angeles, California (hereinafter referred to as "Special Counsel "). WITNESSETH WHEREAS, the Agency and Special Counsel entered into an Agreement for Legal Services on February 16, 1988; WHEREAS, the Agency and Special Counsel desire to amend the Agreement. NOW, THEREFORE, the parties do hereby mutually agree to amend the Agreement as follows: 1. The provisions for compensation in the Agreement (pages 5 & 6) are hereby amended to read in their entirety as follows: Special Counsel shall be compensated for services rendered under this Agreement in accordance with the following schedule: Senior Principals----------- - - ---- - -$160 per hour Senior Principal Level Associates----- - - - - -- -$160 per hour Pri - - - --- -- -- - -- --- ----------------------------------- $145 per hour Principal Level Associates - - - - -- ------$145 per hour Senior Associates ---- ---- -- - - -- -$125 per hour Assoc ---- - - ------ --------$110 per hour Redevelopment Specialist per per hour Legal Assistant I ---------- - - -- ----- ------ ---$ 75 per hour Legal Assistant II --------------------------- $ 55 per hour Word Processing ------------------------------ $ 25 per hour For travel, subsistence, and other out -of- pocket expenses authorized by the Agency in connection with the performance of duties under this Agreement: (a) The amount of the actual cost of transportation by common carrier or at the rate of twenty -five (25) cents per mile, if travel is performed by privately owned automobile. (b) Subsistence expenses, supported by detailed records in the amount of the actual costs. (c) Taxi fares, long distance telephone calls, and similar expenditures in the amount of actual cost. (d) Duplication costs for all copies in excess of first copy, at a cost of twenty -five (25) cents per page and facsimile costs at one dollar ($1.00) per page. (e) Fees and costs incurred by Special Counsel on engaging consultants and experts approved by the Agency. Special Counsel shall not be reimbursed for secretarial or typist services nor for normal office operating expenses, with the exception of word processing fees as noted above. Special Counsel shall be reimbursed for actual litigation costs, fees and expenses such as filing fees, expert witness fees, charges for service of process and costs of investigation. 2. All other terms and conditions shall remain in full force and effect. 1990. 3. The effective date of this Amendment shall be July 1, IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first above written. LYNWOOD REDEVELOPMENT AGENCY By: KANE, BALLMER & BERKMAN A Law Corporation By: 21 � o . A�