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HomeMy Public PortalAbout2016.064 (03-01-16)CITY COUNCIL RESOLUTION NO. 2016.064 LHA RESOLUTION NO. 2016.003 LPA RESOLUTION NO. 2016.001 A JOINT RESOLUTION OF THE LYNWOOD PARKING AUTHORITY, THE LYNWOOD HOUSING AUTHORITY AND CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE AGREEMENT FOR SPECIAL COUNSEL LEGAL SERVICES WITH KANE BALLMER & BERKMAN TO PERFORM LEGAL SERVICES ON THE BEHALF OF THE LYNWOOD PARKING AUTHORITY, THE LYNWOOD HOUSING AUTHORITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD IN CONNECTION WITH THE NEGOTIATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE EXPANSION OF PLAZA MEXICO WHEREAS, Kane Ballmer & Berkman is a law firm that specializes in providing legal services to successor agencies to former redevelopment agencies, municipalities, development commissions, special districts and other public entities within and outside the State _of California; and WHEREAS, Kane Ballmer & Berkman has served as special counsel to the City of Lynwood and its constituent entities for more than two decades; and WHEREAS, Plaza Mexico (the "Project ") is one of Lynwood's more significant commercial development projects and a major landmark in the region, and has developed into a major destination and attraction but is in need of considerable improvements and renovation; WHEREAS, as part of the efforts for the modernization and expansion of Plaza Mexico, the City of Lynwood and the Lynwood Parking Authority entered into a Development and Disposition Agreement ( "DDA ") with the developer of Plaza Mexico on November 5, 2013; and WHEREAS, on August 18, 2015 Kane Ballmer & Berkman was authorized to serve as Special Counsel on matters pertaining to the Project with an initial approval of $40,000 for their services; and WHEREAS, the negotiations involving. Special Counsel and counsel for Plaza Mexico let to a complete restructuring of the original DDA, and a new approach under an owner participation agreement ( "OPA ") was selected as the legal vehicle for the development of the initial phase of the Project at the K &K site and a neighboring parcel directly across Imperial Highway; and WHEREAS, the extended negotiations and the changing complexity of the agreement for the development of the Project resulted in a work load for Special Counsel far in excess of the work initially contemplated; and WHEREAS, the City initially authorized an amount of $40,000 for services by Special Counsel, which amount and any additional fees were to be covered by the initial deposit from the developer; and WHEREAS, the services of Special Counsel for completion of the negotiation and execution of the OPA have now been concluded, and payment must be made; the OPA requires further implementation and the developer has made a deposit and, as approved by the OPA, supplemental deposits are required from the developer for ongoing implementation related to the OPA; and WHEREAS, sufficient funds are on hand from the initial deposit from developer to make the necessary payments to Special Counsel, pursuant to and in the amounts authorized under the OPA. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood authorizes the Mayor to approve the Amendment to the City Agreement authorizing Kane Ballmer & Berkman to provide special counsel legal services to the City, the Lynwood Parking Authority and the Lynwood Housing Authority concerning the expansion of Plaza Mexico, including, but not limited to implementation of the Owner Participation Agreement regarding improvements to the Plaza Mexico site and a residential development under an Owner Participation Agreement among the City, Lynwood Housing Authority, and the related Plaza Mexico entities. Section 2. That the City Council of the City of Lynwood authorizes payment to Special Counsel for services rendered to date in this matter not to exceed the funds on deposit from the Plaza Mexico developer tendered to the City for the express purpose of covering such expenditures. This authorization confers upon the City Manager of the City, Executive Director of the Lynwood Housing Authority, and, if appropriate, the Authority Administrator of the Lynwood Parking Authority, to amend the Special Counsel City Agreement accordingly as and in such amounts of the supplemental deposit from the developer authorized, required, and contemplated by the OPA for ongoing implementation of the Plaza Mexico expansion and OPA matters. In addition, funds previously advanced for payment of Special Counsel services shall be refunded to the City from the developer's deposit. Unless otherwise authorized herein as to the OPA supplemental deposit and corresponding authority for continuing amendment without any impact to the City general fund, continuing services by Special Counsel for OPA related matters shall be provided solely at the direction of the City and condition upon replenishment of the initial deposit tendered under the OPA. Section 3. This resolution , shall become effective immediately upon its adoption. 2 Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 1St day of March 2016. ATTEST: aria Quinonez- City Clerk/Authority Secretary APPROVED AS TO FOR � 0-,/ A 0 David A. Garcia City Attorney /Authority Counsel 3 Edwin Hernandez, Mayor/ air/ J. Arnoldo Beltran, City Manager /Executive Director/ Authority Administrator STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood /Secretary to the Lynwood Housing Authority and Lynwood Parking Authority, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 1St day of March, 2016, and passed by the following vote: AYES: COUNCIL MEMBERS /COMMISSIONERS ALATORRE, SANTILLAW BEAS, SOLACHE, CASTRO AND MAYOR/CHAIR HERNANDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE X&A Maria Quinonez, CiN Clerk/Secreta STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood /Secretary to the Lynwood Housing Authority and Lynwood Parking Authority do hereby certify that the above foregoing are a full, true and correct copy of Resolution No. 2016.064, LHA Resolution No. 2016.003, LPA Resolution No. 2016.001 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1St day of March, 2016. r 1. aria Quinonez, City Clerk/Secre 0