M-11/22/1977 (2)
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RESOLUTION NO. ~
(Redevelopment Agency)
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SANTA MONICA APPROVING THE
TERMS AND CONDITIONS OF AN AGREEMENT FOR
LEGAL SERVICES FOR SPECIFIC LITIGATION,
AND AUTHORIZING THE CHAIRMAN AND SECRETARY
TO EXECUTE SAID AGREEMENT.
WHEREAS, certain litigation, entitled Vitale, et al. v. All
Persons Interested, etc., City of Santa Mon1ca, Redevelopment
Agency of the Clty of Santa Monica, et al., Case No. C154243,
was filed in the Superior Court of the State of Callfornia for
the County of Los Angeles, which litigation sought, among other,
things, to invalldate the redevelopment plan for the Downtown Re-
development ProJect in the Clty of Santa Monica; and
WHEREAS, the Redevelopment Agency of the Clty of Santa Monlca
has previously entered into an agreement for legal services with
the Law Offlces of Eugene B. Jacobs, a Professional Legal Corpora-
tlon; and
WHEREAS, the Law Offices of Eugene B. Jacobs, a professlonal
Legal Corporatlon, represented Agency in the Los Angeles superior
Court proceeding; and
WHEREAS, summary Judgment was entered for and on behalf of
Agency and City on April 15, 1977; and plaintiffs have appealed
said summary Judgment, which appeal is now pending in the Court of
Appeal, Second Dlstrict, Case No. 52287; and
WHEREAS, by mutual agreement of sald Professional Legal Cor-
poration and the Redevelopment Agency of the City of Santa Monlca
said agreement for legal serVlces lS belng termlnated simultaneously
with the Agency entering into an agreement for legal serVlces for
speclfic litigatlon wlth the law firm of Kaplan, Livingston, Goodwln,
Berkowitz and Selvin for that law firm to represent the Redevelop-
ment Agency of the Clty of Santa Monica and perform such legal ser-
Vlces as may be requlred in connection with such speclfic litiga-
tion, i.e., the appeal in the Vitale matter: and
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WHEREAS, a document entitled "Agreement For Legal Services For
Specific Litigation" with Kaplan, Liv~ngston, Goodwin, Berkowl.tz
and Selvin has been preparedi and
WHEREAS, the terms and conditions of said Agreement are accept-
able to the Redevelopment Agency of the City of Santa Monica.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of
the Clty of Santa Monica as follows:
1. The terms and condltions of said Agreement are hereby
approved and accepted.
2. The Chairman and Secretary be, and they hereby are,
authorized and directed to execute said Agreement on behalf of
the Redevelopment Agency of the City of Santa Monica.
3. The Law Offices of Eugene B. Jacobs are hereby relieved
of any and all further responsibllity for said lit~gation; and the
agreement for legal serv~ces with such law offices is hereby ter-
mlnated.
THE FOREGOING RESOLUTION ~s approved and slgned by me this
22nd day of
November
, 1977.
LLJ~dJ
CHAIRMJill' -
REDEVELOPMENT AGENCY OF THE CITY
OF SANTA MONICA
ATTEST:
,,~. T~ /L.
SEC~
REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
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Resolutlon No. 344
Redevelopment Agency
I hereby certify that the foregolng resolutlon was duly
adopted by the Redevelopment Agency of the Clty of Santa ~1onlca,
Callfornla, at a regular meetlng thereof held on the 22nd day of
November, 1977.
AYES:
Bambrlck, Cohen, Reed, Scott, Trlves,
van den Steenhoven, SWlnk
NOES:
None
ABSEI,T:
None
~vJ.t.
JO JALILI, Secretary
APPROVED AS TO LEGAL
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AGREEMENT FOR LEGAL SERVICES
FOR SPECIFIC LITIGATION
THIS AGREEMENT is entered into this 22nd
day of November,
1977, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SANTA
HONICA, CALIFORNIA (hereinafter referred to as the "Agency"), and
KAPLAN, LIVINGSTON, GOODWIN, BERKOWITZ AND SELVIN, engaged in the
practice of law ln the City of Beverly Hills, California (hereinafter
referred to as "Special Counsel").
WIT N E SSE T H
h~EREAS, certain litigation, entitled Vitale, et al, v. All
Persons Interested, etc., City of Santa Monica, Redevelopment Agency
of the City of Santa Monica, et al., Case No. C154243, was filed in
the Superior Court of the state of California for the County of Los
~ngeles which litigation sought, among other things, to invalldate
the redevelopment plan for the Downto~~ Redevelopment Project in the
City of. Santa Monica; and
~mEREAS, the Law Offices of Eugene B. Jacobs, a Professional
Legal Corporation, represented Agency in the Los Angeles Superior
Court proceeding: and
~mEREAS, summary judgment was entered for and on behalf of
Agency and City on April 15, 1977; and plaintiffs have appealed
sald sur~ary judgment, which appeal is now pending in the Court of
Appeal, second District, Case No. 52287; and
viliEREAS, the Agency desires to engage Special Counsel to re-
P7esent the Agency and perform such legal services as may be re-
quired in connection wlth the appeal in said lltigation.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOI-'lS :
1.
SCOPE OF SERVICES
Special Counsel agrees to perform all legal services in con-
nection with the above-entitled litigation in the appellate courts.
Herman F. Selvin and partners of the firm of Special Counsel, shall
be responsible for the performance of services hereunder, shall su-
pervise any services performed by other members of Special Counsel's
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flrm, and shall personally argue the case before the Court of
Appeal,' and, if necessary, all further appea1s'-
Such ~rvices shall be rendered as diligently as is reason-
ably posslble and to aVOld whenever posslble, extensions of time
and postponements.
II. CO}WENSATION
Speclal Counsel shall be compensated for serVlces rendered
under this Agreement in accordance with the following schedule:
Herman F. Selvin, $125 per hour
Other Partners, $100 per hour
Associates, $75 per hour
For travel, Subslstence and other out-of-pocket expenses
authorized by the Agency ln connectlon with the performance of
dutles under thlS Agreement, includlng but not limlted to:
(a) The amount of the actual cost of transportation
by common carrier or at the rate of flfteen (15)
cents per mile, if travel is performed by privately-
oNned automobile.
(b)
Subslstence expenses, supported by detalled
records in the amount of the actual cost,' but
in no event to exceed $40 per day.
(c) Taxi fares, long distance telephone calls, and
simllar expenditures in the amount of the
actual cost.
(d) Dupllcatlon costs for unusual or extraordinary
photocopy runs, at a cost of ten (10) cents per
page.
(e) Filing fees, expenses of servlce, costs of
prlnting and other out-of-pocket dlsbursements
relatlng to the appeal and generally chargeable
to the client.
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III. METHOD OF PAYl-lENT
Within ten (10) days after the first of each calendar month,
Special Counsel shall submit a verified statement to Agency con-
taining a breakdown of services performed during the preceding month,
specifYlng the services performed by dates and number of hours, iteml-
zation of travel, subsistence and other expenses related thereto.
IV. RELEASE
The Law Offlces of Eugene B. Jacobs, A Professional Legal Cor-
poration, is hereby relieved of any further responsibillty for sald
litigation and appeal.
V. RIGHT OF TERMINATION
This Agreement may be terminated at any time by the Agency on
~~itten notice to Special Counselor by Special Counsel on wrltten
notice to the Agency.
IN WITNESS w~EREOF, the Agency and Special Counsel have executed
this Agreement as of the date hereinabove set forth.
REDEVELOPMENT AGENCY OF THE CITY
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By ~ ~W~-
(Agency)
KAPLAN, LIVINGSTON, GOODWIN, BERKOWITZ
ANl) SELVIN
By
Special Counsel
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