HomeMy WebLinkAboutReso 1994-17709 RESOLUTION NO. 17709
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING FIFTH 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 ~75,000 to $160,000; 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 ~160,000 to $295,000; 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 ~495,000; and,
WHEREAS, it is necessary to amend said Agreement to increase the total amount of
Agreement from ~495,000 to $557,000; 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 Fifth Amendment to Agreement with Remy and Thomas for Litigation
Representation Services in connection with the Chaparral Greens lawsuit, known as document
number C094-240, a copy of which is on file in the office of the City Clerk.
Resolution No. 17709
Page 2
~'~r
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Fifth Amendment for and on behalf of the City of
Chula Vista.
Presented and Appro d as to form by
Bruce M. Boogaard
City Attorney
Resolution No. 17709
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of November, 1994, by the following vote:
YES: Councilmembers: Fox, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Horton
ABSTAIN: Councilmembers: None
ayor
ATTEST:
Vicki C. Soderquist, ~,~ty City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby
certify that the foregoing Resolution No. 17709 was duly passed, approved, and adopted by
the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of
November, 1994.
Executed this 8th day of November, 1994.
Vicki C. Soderquist, D~ty City Clerk