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1987/02/10 Community Development Agency Resolution (3)RESOLUTION NO. 87-03 A RESOLUTION APPROVING AGREEMENT WITH SABO & DEITSCH, ATTORNEYS AT LAW BE IT RESOLVED by the Community Development Agency of the City of Rohnert Park that that certain agreement as outlined in proposal letter dated January 13, 1987 between the Community Development Agency of the City of Rohnert Park and Sabo & Deitsch, a Professional Corporation, be and the same is hereby approved and the Chairman is authorized and directed to execute same for and on behalf of Agency. DULY AND REGULARLY ADOPTED this 10th day of February, 1987. COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF ROHNERT PARK C airman ATTEST: retary + AYES: (5) Cochran, Hollingsworth, Hopkins, Lepinski and Eck NOES: (0) None SABO & DEITSCH A PROFF-SHIONA1, CORPORATIOY ATTORNEYS AT LAW SUITE 400 6320 CANOGA AVENUE WOODLAND HILLS. CALIFORNIA 91367 (9181704-0195 TELECOPIER 18181 704-1729 January 13, 1987 Rohnert Park Redevelopment Agency c/o Mr. Joseph D. Netter Assistant to City Manager 6750 Commerce Boulevard Rohnert Park, California 94928 Dear Agency Members: This Firm is pleased to submit this proposal for your consideration in connection with the providing of Special Redevelopment Counsel Services to the Rohnert Park Redevelopment Agency (the "Agency"). This Firm proposes to provide Special Redevelopment Counsel Services in connection with the consideration of the adoption of a new redevelopment plan for a proposed redevelopment project area of one or more subareas to be located within the City of Rohnert Park (the "City"). This Firm will initiate proceedings in connection with the proposed redevelopment project area to consider the legal and financial feasibility of including said area within the redevelopment project area in accordance with the requirements of the Community Redevelopment Law and to make appropriations to the Agency and the City. This Firm would undertake to prepare all necessary resolutions, ordinances and other reports as required for the adoption of a redevelopment plan for the proposed redevelopment project area. We would also draft or review, as appropriate, the redevelopment plan, the preliminary plan, the applicable portions of the redevelopment plan report which are not considered to be a part of the Administrative Services and all the transmittal letters and notices to public agencies and affected property owners ("Special Redevelopment Counsel Services"). Furthermore, this Firm will review the organizational documents of the Agency and make recommendations as to State required filings and as to necessary amendments to such organizational documents such as the Agency By-laws. Additionally, an environmental assessment pursuant to the California Environmental Quality Act of 1970, as amended ("CEQA"), will need to be undertaken by City Staff and/or an independent consultant and a determination as to the method of proceeding pursuant to CEQA will be Page 2 made based upon future conversations with City Staff after analyzing the available documentation presently in existence as to the best course to proceed in the drafting of the appropriate initial study and, if warranted, the environmental impact report ("EIR"). It will be necessary to analyze the existing information previously assembled by the City for recent environmental projects that would be of assistance in compiling the necessary documentation for an EIR on the proposed redevelopment plan adoption project. Circumstances will also warrant that administrative services be provided in connection with the coordination of other redevelopment activities, negotiations with property Owners and taxing agencies, preparation of the survey of conditions report, the formation of and attending meetings of the Project Area Committee, if necessary, and assistance with the preparation and/or review, as necessary, of the EIR (the "Administrative Services"). We will advise the Staff if and when additional subcontracting—serx!Zt may be necessary for purposes of completing a thorough and proper environmental assessment and for the coordination of community involvement and for the preparation of reports in the redevelopment plan adoption process as warranted by the circumstances. All such Administrative Services may either be provided by this Firm in addition to the Special Redevelopment Counsel Services or by a separate consultant or consultants who may be contracted with directly by the Agency for such Administrative Services. After the proceedings for the redevelopment plan adoption have been commenced, we will advise the Agency as to the necessity for formation of a Project Area Committee as may be required by Health and Safety Code Section 33385, et seq., or whether one of the other findings so as to preclude the necessity for a Project Area Committee may be made by the City Council and the Agency. We will also advise the Agency and the City Council with regard to the elements of b�l ght that we deem to be present within the proposed redevelopment project area and the applicability of such physical elements to the recent amendments to the Community Redevelopment Law. Additionally, as part of the Administrative Services we will either assist the City Staff or an independent consultant or independently undertake to prepare the necessary survey of conditions report which lists, on a parcel by parcel basis, the physical elements which qualify such property for inclusion within a redevelopment project area and to document such by the appropriate photographic evidence. An attorney of this Firm will attend all Planning Commission, Agency and City Council meetings as may be requested by City Staff, Council Members or the City Attorney with regard to any proceedings, actions or public hearings to be held or undertaken by the Planning Commission, the Agency or the City Council. Members of this Firm will also be available as part of the Administrative Services to attend meetings and negotiating sessions with the affected taxing agencies, including the Fiscal Review Committee if one is so established by the County of Sonoma, and to assist in negotiations on behalf of the Agency with such taxing agencies with regard to the use of tax increment revenues attributable to the proposed Page 3 redevelopment project area. In this connection but as part of the Special Redevelopment Counsel Services, we will draft or review whatever agreements that are to be prepared to evidence such negotiations with said taxing agencies. This Firm will also assist City Staff, Agency Staff and the City Attorney in negotiating with any property owners or proposed developers with regard to the implementation of owner participation rights or the drafting of any owner participation agreement or disposition and development agreement with regard to any potential development in the proposed redevelopment project area or to represent the Agency in any validation action or other litigation filed in connection with the redevelopment plan adoption or the approval of any such agreements. Such special counsel services shall be exclusive of any work which is required in connection with the actual authorization, issuance and delivery of tax exempt obligations by the Agency to fund such projects and would not include any such bond counsel services which this Firm would be available to provide pursuant to our standard bond counsel fee schedules. For the Special Redevelopment Counsel Services as set forth above, the fees for legal services of this Firm shall be based on the hourly rate of $135.00 per hour for principal attorneys, $100.00 per hour for associate attorneys and $60.00 per hour for law clerks and legal assistants. In addition, this Firm shall be compensated on monthly statements for the fees as above set forth under separate billings for Special Redevelopment Counsel Services and, if the situation warrants, Administrative Services, plus out-of-pocket expenses for such items as travel, long-distance telephone calls, messenger service, express delivery services, telecopying, photocopying, secretarial and clerical staff overtime and other similar items plus an administrative expense charge with respect to such out-of-pocket expenses." _I is presently estimated that the total dollar amount of Special Redevelopment Counsel Services should not exceed $25,0, 0 assuming that all Administrative Services are contracted for separately by the Agency with either this Firm or any other consultant or consultants and that any other special counsel services not specifically contemplated herein would be in addition to any of the above services for both Special Redevelopment Counsel Services and Administrative Services but only on an as needed basis. Special counsel services to the Agency would not include any items related directly to the adoption of a redevelopment plan as anticipated but would be applicable to any litigation, negotiations and drafting of owner participation agreements or other development agreements. The above set forth fee schedule does not include any bond counsel fees in connection with the issuance of any bonds, notes or other forms of indebtedness by the Agency in furtherance of redevelopment activities. Page 4 If the terms of this employment agreement are satisfactory, please indicate by appropriate action of your Honorable Agency authorizing the Chairman and Secretary of the Agency to execute the acceptance hereof in the form provided herein, and return an executed copy to this office. Very truly yours, SABO & DEITSCH A PROFESSIONAL CORPORATION Timothy J TJS:ds /2340A Page 5 Pursuant to official action of the Rohnert Park Redevelopment Agency, Sabo & Deitsch, a Professional Corporation, is hereby employed in accordance with the terms and provisions of the foregoing letter. DATED: February 10 , 1987 ROHNERT PARK REDEVELOPMENT AGENCY By: G� r... r Chairman (SEAL) ATTEST: By: aSr ary 2347A