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File #: 19-095    Version: 1 Name:
Type: Consent Item Status: Passed
File created: 2/13/2019 In control: City Council/Public Finance and Economic Development Authority/Parking Authority
On agenda: 3/4/2019 Final action: 3/4/2019
Title: SUBJECT: Approval of Retention of Atkinson Farasyn, LLP as Special Counsel to Assist with the Negotiation and Preparation of Development Agreements, Including Pre-Annexation Development Agreements, for the Not to Exceed Amount of the Cost of Services Related to a Developer's Specific Project; Authorization of a Budget Amendment for Fiscal Year 2018/2019 to Accept and Appropriate Developer Deposits to Pay for the Cost of the Negotiation and Legal Review of Development Agreements, Including Pre-Annexation Development Agreements REPORT IN BRIEF Considers retaining the law firm of Atkinson, Farasyn, LLP as Special Counsel for pre-annexation development agreements and appropriating developer deposits to pay for the cost associated with the negotiation and legal review of said agreements. RECOMMENDATION City Council - Adopt a motion: A. Amending the Fiscal Year 18/19 budget to receive the funds and increase cost recovery revenue for special counsel services and continually appropriat...
Attachments: 1. Agreement with Atkinson Farasyn LLP.pdf

Report Prepared by: Phaedra A. Norton, City Attorney

Title
SUBJECT: Approval of Retention of Atkinson Farasyn, LLP as Special Counsel to Assist with the Negotiation and Preparation of Development Agreements, Including Pre-Annexation Development Agreements, for the Not to Exceed Amount of the Cost of Services Related to a Developer's Specific Project; Authorization of a Budget Amendment for Fiscal Year 2018/2019 to Accept and Appropriate Developer Deposits to Pay for the Cost of the Negotiation and Legal Review of Development Agreements, Including Pre-Annexation Development Agreements

REPORT IN BRIEF
Considers retaining the law firm of Atkinson, Farasyn, LLP as Special Counsel for pre-annexation development agreements and appropriating developer deposits to pay for the cost associated with the negotiation and legal review of said agreements.

RECOMMENDATION
City Council - Adopt a motion:

A. Amending the Fiscal Year 18/19 budget to receive the funds and increase cost recovery revenue for special counsel services and continually appropriate any funds received to pay for the costs related to the negotiation and legal review of development agreements; and,

B. Authorizing the establishment of any additional accounts and/or revenue and expenditure lines within the City Attorney's budget as determined necessary and appropriate by the City's Finance Officer; and,

C. Approving the Professional Services Agreement with Atkinson, Farasyn LLP to assist in the negotiation and legal review of Development Agreements, including Pre-Annexation Development Agreements, and authorize the City Manager or the Assistant City Manager to execute the same.

Body
ALTERNATIVES
1. Approve as recommended;
2. Modify the recommendation and provide direction to staff for further action; and,
3. Deny the request.

AUTHORITY
Charter of the City of Merced Section 200 et seq.
Government Code Section 65864.
City Resolution 2005-101

DISCUSSION
Background

In 2005, the City Council a...

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