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HomeMy WebLinkAboutRS03-Redevelopment Agency 11 ~ - -- -- . o 000 AQBNCY.RBGUEST FOR ~I8SION/COUNCL ACTION 0: Glenda Saul. Ezecutive Director Dept: Redevelopment Agency Dlte: AuaU8t 15, 1986 Subject: LEGAL SERVICES FOI. IWmlUPTCY ACTION Synopsis of Previous Commission/Council ection: Staff was directed to uecute Aare_l1t for Legal Service8 with S1.II0I1 & S1II0l1, a Profesa101l&l Ls. Corporatiol1, to repre8ent the il1tare8ts of the City ill the BlUlkruptcy PetitiOl1 of the I.nai88B1lcs Bakery, ActiOl1 .a8 takel1 ill the Ezecutive Sessiol1 ill Deceaber, 1985 al1d subsequel1tly ratified ill Executive Se88iOl1 ill July; 1986, Racommanded motion: (COlIMllHITY DEVBLOPMBNr COIIIIISSION) o HOVE TO ADOPT IlESOLtJ'lION OF TIlE COMMUNITY DEVELOPMENT COKKISSION OF TIlE CITY OF SAN BEBlWlDINO AtJ'lIIOIIZING AND DIIlECTING TIlE EXECU'rION OF AN AGUEMEN'r FOB. LEGAL SERVICES BETWEEN TIlE 1lEDEVELOPMENT AGENCY OF TIlE CIn OF SAN BEBlWlDINO AND SIMON & SIMON, A PaOlESSIONAL LAW CORl'OIlATION. ,~/~>> Signature Supportillll dste Iltlo.h8d: FUNDING REQUIREMENTS: '1&8 Phone: 383.5081 Ward: 3 Contact parson: lillet1.4a 8ati Amount: $ Project: 11.' A DlIte: A1II'Is, 18. 1-911i No advene Impact on City: Ceil Notes: Aaenda Item No. ICS-3 III L . - , CI-R OF SAN BERNARDlfIO - REQUa9r FOR COUNCIL AC1ibN . o o o _114 STAFF REPORT Legal Servicea in thi8 utter was approved and later ratified in Ezecutive Se8aion. No aiped agreelUllt a1sta to 8UPPOrt payment of the 8tat_t, aubm.tted to the "eney, for Legal Service8. Staff rec_enda adoption of the Re80lution to provide an auditable baaea for payment, Peraanent I/O error : Printout terminated by ayatea. , .' 0 1 '0 2 3 4 5 6 7 8 9 10 11 12 o o Ai w - - o o o RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING TIE EXECUTION OF AN AGREEMENT 'OR LEGAL SERVICES BETWEEN TIE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SIMON , SIMON, A PRO'ESSIONAL LAW CORPORATION. BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS I SECTION 1, Tbe Cbairman and Secretary of tbe Redevelopment Agency of tbe City of San Bernardino are bereby authorized and directed to execute for and on bebalf of said Agency an Agreement for Legal Services between tbe Redevelopment Agency of tbe City of San Ber~ardino and Simon , Simon, a professional law corporation, a copy of wbicb is attacbed bereto as Exbibit -l- and incorporated berein by reference as tbougb fully set fortb at 13 lengtb. as to form: 17 18 By A ~~.:...-... 19 Allen R. ~~- atedl 20 21 Tbe foregoing resolution was duly adopted by tbe following 22 vote, to vitI 23 24 25 Members AYES I NAYS I 26 27 28 ABSENT or ABSTAINI " o . o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o o AGREEMENT POR LEGAL SERVICES THIS AGREEMENT, effective tbe 2nd day of December, 1985, by and between THE REDEVELOPMENT AGENCY OF THE CITY OP SAN BERNARDINO, CALIFORNIA, hereinafter -Agency,- and SIMON' SIMON, a professional law corporation, hereinafter -Contractor,- sets forth the agreement between tbe parties. I. Reeit.alR. A. The City of San Bernardino and the Agency are each involved with Renaissance Bakery, a California general partnersbip, regarding the operation of a.bakery on Mt. Vernon Avenue in this City, which bakery was the recipient of various loans from tbe City, as beneficiary of an Urban Devel~.ent Action Grant from tbe federal Housing and Urban Development Agency. B. Renaissance Bakery bas filed a Petition in tbe United States Bankruptcy Court for tbe Central District of California, in tbe San Bernardino office of tbat Court, for reorganization under the protection of tbe bankruptcy laws. C. Contractor is eaperienced in the intricacies of the Bankruptcy Code, and limits its practice primarily to tbe bankruptcy field, and represents tbat it is willing and able to represent tbe interests of tbe City of San Bernardino and Agency regarding the Renaissance Bakery proceeding before the Bankruptcy Court, and is willing to act as co-counsel to tbe City Attorney's office in tbat matter and a related adversary proceeding involving the Bank of California, Murray O. Kane, Carl D, Bonaventura and others. , . <:) o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 ~ ~ ~ 25 26 27 ~ 000 II, Impl.m.n~a~ion. The parties ther.fore do hereby agree: A. Agency h.reby retains the ..rvices of Contractor for the purpo.e of providing legal .ervice. to Ag.ncy and to the City of San Bernardino in conjunction with th. bankruptcy court proceeding involving Renais.anc. Bakery, as co-coun.el with the City Attorn.y's offic., and agre.s to pay Contractor for .uch ..rvice. at th. rate of $140.00 per bour, plus rea.onable .xpen.... B. Contractor agree. to provide legal services in conjunction witb the bankruptcy of ..nai..ance Bakery and the ancillary proceedings in repr..enting th. City of San Bernardino and tb. Agency in .uch aatt.r, and in all a.pect. tbereof, a. co- coun.el witb tb. City Attorney's office and agree. to provide .peciali.ed legal coun.el in all proceeding. before tb. United State. Bankruptcy Court in San Bernardino in conjunction tberewitb, C. Contractor agree. to provide, at lea.t aontbly, and more oft.n if reque.ted, a .tatu. report to tbe City and Agency on development. in tbe Renai..ance Bakery matter, .ucb report to accompany any billing for .ervices rendered. Tbe original of .ucb report and billing .ball be .ubmitted to tbe Executive Director, Redevelopment Agency of tbe City of San Bernardino, 300 North -D- Street, San Bernardino, California, 92418, with a copy of eacb to the City Attorney'. office. IN WITNESS WHEREOF, the partie. bave executed tbis agreement by tbeir duly autbori.ed officera effective as of the date and year .et fortb above, 2 . , 0 ' , t . 1 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 o REDEVELOPMENT AGENCY OP THE CITY OP SAN BElUWU)INO By Chairman By Secretary Approved a. to forml AGENCY COONSEL BY~'<~ Allen R. Brigg. o 0 SIMON , SIMON, A Profe.sional Law Corporation By Its