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RESOLUTION NO. CDC/2005-36
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
3 OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
4 AMENDMENT NO. 1 TO THE 2000 AGREEMENT WITH LEWIS,
BRISBOIS, BISGAARD & SMITH, L.L.P., AS AGENCY SPECIAL
5 COUNSEL, EXTENDING THE 2000 AGREEMENT FOR 6 MONTHS, OR
THROUGH APRIL 30, 2006, ON THE SAME TERMS AND CONDITIONS
6 OF THE 2000 AGREEMENT
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WHEREAS, in August 1999, Staff solicited proposals from three (3) law firms in order
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to provide legal services to the Agency for CDBG, HOME, ESG, economic development and
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redevelopment related matters; and
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WHEREAS, on October 19, 2000, the Redevelopment Committee recommended to the
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Community Development Commission ("Commission") approval of a five (5) year contract
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with Lewis, D' Amato, Brisbois and Bisgaard, L.L.P. ("2000 Agreement") and forwarded that
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recommendation to the Commission for approval; and
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WHEREAS, on November 6, 2000, the Commission approved and authorized execution
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of the 2000 Agreement; and
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WHEREAS, said 2000 Agreement expires on November 6, 2005 and the parties desire
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to extend the 2000 Agreement for a further six (6) months from date of expiration, or until April
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30,2006, for the reasons noted in the corresponding agenda Staff Report.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
FOLLOWS:
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Section 1.
The Commission hereby approves Amendment No. 1 to the 2000
25 Agreement and hereby authorizes and directs the Executive Director of the Agency to execute
said Amendment No. 1 by and between the Redevelopment Agency of the City of San
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CDC/2005-36
Bernardino and Lewis, Brisbois, Bisgaard and Smith, L.L.P., as Agency Special Counsel. A
copy of said Amendment No. 1 to the 2000 Agreement is on file with the Agency Secretary.
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Section 2.
The Resolution shall become effective immediately upon its adoption.
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CDCj200S-36
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
AMENDMENT NO. 1 TO THE 2000 AGREEMENT WITH LEWIS,
BRISBOIS, BISGAARD & SMITH, L.L.P., AS AGENCY SPECIAL
COUNSEL, EXTENDING THE 2000 AGREEMENT FOR 6 MONTHS, OR
THROUGH APRIL 30, 2006, ON THE SAME TERMS AND CONDITIONS
OF THE 2000 AGREEMENT
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Community Development Commission of the City of San Bernardino at a j oint regular
8 meeting thereof, held on the 17th day of October , 2005, by the following vote to wit:
9 Commission Members: Ayes Nays Abstain Absent
10 ESTRADA x
LONGVILLE x
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MCGINNIS X
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DERRY x
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KELLEY x
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14 JOHNSON
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15 MC CAMMACK X
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The foregoing resolution is hereby approved this
Sreta7
/9 Ii day of October
f'
,2005.
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~-.17 ~ C?~
~. h Valles, Chairperson
mmunity Development Commission
f the City of San Bernardino
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Approved as to form and Legal Content:
By Af.Z~"-~
'J
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Amendment No.1
to the
2000 Agreement
(Lewis, Brisbois, Bisgaard & Smith, L.L.P.)
This Amendment No. 1 (this "Amendment No.1") to that certain 2000 Agreement for
special legal counsel services, dated November 6, 2000 (the "Agreement"), is dated as of October
17,2005, by and between the Redevelopment Agency of the City of San Bernardino, a public body,
corporate and politic (the "Agency"), and Lewis, Brisbois, Bisgaard & Smith, L.L.P. ("Special
Counsel"), and is entered into in light of the facts as set forth in the following Recitals:
RECITALS
Whereas, the Agency and Lewis D' Amato, Brisbois & Bisgaard, L.L.P., have previously
entered into the Agreement as referenced above for a term of five (5) years from November 6,2000
through November 6, 2005; and
Whereas, Lewis D' Amato, Brisbois & Bisgaard, L.L.P., is now known as Lewis, Brisbois,
Bisgaard & Smith, L.L.P.; and
Whereas, the Agreement will expire on November 6, 2005, and the parties to the Agreement
desire to extend the term of the Agreement for a period of six (6) months which shall be deemed to
be April 30, 2006, for the reasons noted in the complimentary Staff Report to this Amendment No.
1; and
Whereas, all other terms, provisions and conditions of the Agreement shall remain in full
force and effect, except to the extent specifically modified by this Amendment No.1.
NOW THEREFORE, the parties to this Amendment No. 1 to the Agreement agree as
follows:
Section 1.
Recitals.
The facts and statements contained in the Recitals hereto are true and accurate in all
respects to the best knowledge of the parties as of the date hereof.
Section 2.
Further Extension of Term of Ae:reement.
The parties intend by the approval and execution of this Amendment No. 1 to extend
the term of the Agreement until April 30, 2006, on the same terms and conditions of
the Agreement.
Section 3.
Effective Date.
This Amendment No.1 shall take effect and be in full force and effect from and after
the date of approval hereof by the governing body of the Agency and the final
execution and delivery of this Amendment No.1 by both parties to the Agreement.
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IN WITNESS WHEREOF, the parties have executed this Amendment No.1 as of the date
first above written.
Date: / t/ ~ /~ )~
/
Approved as to Legal Form
and Content:
A!2~'-~
Date: /oIIYIJ.\
,
REDEVELOPMENT AGENCY
OF THE CI OF SAN BERNARDINO
By:
SPECIAL LEGAL COUNSEL
BY~
Lewis, Brisb is, Bisgaard & Smith, L.L.P.
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