SUBJECT
Title
Approve the Fifth Amendment to Outside Counsel Agreement with Goldfarb Lipman for Litigation Services Pertaining to the Three Lawsuits Related to the Dissolution of the Redevelopment Agency
Report
REPORT IN BRIEF
Approval is requested for a Fifth Amendment to the Outside Counsel Agreement with the law firm of Goldfarb Lipman for legal services and representation of the City in the matter Sunnyvale vs. Michael Cohen (Sac SC #34-2015-80002067) ("Sunnyvale #3"), which concerns a 2012 Re-entered Agreement authorizing the Successor Agency to repay the City approximately $12.5 million for the 1998 Certificates of Participation issued to refinance the former Redevelopment Agency prior debt for the construction of the downtown parking garage. The estimated costs related to the Fifth Amendment are associated with the briefing and potential oral argument related to the City's and Successor Agency's appeal of the trial court's decision. Consequently, it is necessary to request additional funding in the amount of $75,000 for these services through the approval of the Fifth Amendment to the Outside Counsel Agreement.
BACKGROUND
Karen Tiedemann, a partner in the law firm Goldfarb Lipman in Oakland, is a lawyer specializing in the areas of real estate transactions, affordable housing, nonprofit organization and environmental law. Ms. Tiedemann and her firm were retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services, consultation and advice concerning the above referenced cases in litigation. The Agreement was entered in June 24, 2013, and the First amendment was entered into in March 2016, with a not to exceed amount of $160,000. The Second amendment was entered in October 31, 2016, with a not to exceed amount of $200,000. The Third amendment was entered on April 17, 2017, with a not to exceed amount of $220,000. The Fourth amendment was entered on July 2, 2018, with a current not to exceed amount of...
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