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HomeMy WebLinkAboutReso 1995-17920 RESOLUTION NO. 17920 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SIXTH AMENDMENT TO AGREEMENT WITH REMY AND THOMAS FOR LITIGATION REPRESENTATION SERVICES IN CONNECTION WITH THE CHAPARRAL GREENS LAWSUIT, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, the City, by Resolution No. 17347, on January 4, 1994, approved an Agreement with Remy and Thomas for Litigation Representation Services in connection with the Chaparral Greens lawsuit; and, WHEREAS, the City of Chula Vista, by Resolution No. 17426 on March 29, 1994, approved a First Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from 975,000 to 9160,000; and, WHEREAS, the City of Chula Vista, by Resolution No. 17481 on May 10, 1994, approved a Second Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from 9160,000 to S295,000; and, WHEREAS, the City of Chula Vista, by Resolution No. 17571 on July 19, 1994, approved a Third Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and increase the total amount of compensation from ~295,000 to $395,000; and, WHEREAS, the City of Chula Vista, by Resolution No. 17650 on September 13, 1994, approved a Fourth Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and increase the total compensation from ~395,000 to 9495,000; and, WHEREAS, the City of Chula Vista, by Resolution No. 17709 on November 8, 1994, approved a Fifth Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and increase the total compensation from $495,000 to ~557.000; and, WHEREAS, it is necessary to amend said Agreement to increase the total amount of Agreement from ~557,000 to $632,000; and, WHEREAS, Otay Vista Associates is required by an Indemnity Agreement to defend, indemnify and hold harmless the City regarding any litigation arising from City's approval of the Otay Ranch Project, including payment for legal counsel to represent City in such litigation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Sixth Amendment to Agreement with Remy and Thomas for Resolution No. 17920 Page 2 Litigation Representation Services in connection with the Chaparral Greens lawsuit, known as document number CO95-082, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Sixth Amendment for and on behalf of the City of Chula Vista. Present nd Approved a to form by Bruce M. aoogaard ~ City Attorney Resolution No. 17920 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of June, 1995, by the following vote: YES: Councilmembers: Alevy, Moot, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None ATTEST: Beverly~'A.'Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17920 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of June, 1995. Executed this 13th day of June, 1995. Be~')erly ~Authelet, City CI/erk l,'1I[