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Meeting Date: January 14, 2003

Subject/Title: Authorize Executive Director to Execute a First Amendment to the Agreement for Legal Services with McDonough Holland & Allen in an amount not to exceed an additional $65,000 

Submitted by: Gina Rozenski, Redevelopment Analyst

Approved by: John Stevenson, Executive Director

Authorize the Agency’s Executive Director to Execute a First Amendment to the Agreement for Legal Services with McDonough Holland & Allen for redevelopment legal services in an amount not to exceed an additional $65,000.

On May 8, 2001, the Redevelopment Agency approved a legal services agreement with McDonough Holland & Allen in the amount of $65,000. As of November 1, 2002, approximately $15,100 remains on this agreement and is shared among the redevelopment funds as follows:

Downtown Project Area $13,100
North Brentwood Project Area 1,100
Redevelopment Housing 900

A redevelopment agency is authorized to appoint and employ officers, employees, consultants and legal counsel to administer and manage the redevelopment agency’s programs and projects, to develop and implement policies and strategies, and to coordinate and manage the on-going administrative functions and tasks. The complex and ever-changing regulations that govern redevelopment, and redevelopment housing, require experience and knowledge of the labyrinthine network of law and practices. 

McDonough Holland & Allen has been the Brentwood Redevelopment Agency’s legal counsel for almost a decade, and is highly specialized in practicing redevelopment law. MHA is knowledgeable and experienced with our Agency’s policies, procedures and needs, and most importantly, has been greatly involved in all of the Agency’s recent programs and projects. Brent Hawkins of MHA has been instrumental in assisting staff with the recent Plan Amendment approval, two housing Disposition and Development Agreements, two Reimbursement Agreements, continual housing legal advice, and on-going routine redevelopment issues. Considering the specialized legal services delivered by MHA, as well as the level of responsiveness, staff believes the Agency has received a very good value over the past 20 months. 

Staff anticipates the need for comprehensive and more intensive legal services related to the North Brentwood Project Area and Redevelopment Housing as we embark on developing and implementing long-term strategies and policies in these areas. Also, as the Agency furthers its investigation of a parking/retail structure in the Downtown Project Area and considers developer selection and agreement negotiations for the Oak/Walnut project, additional legal services will be required. Staff recommends the services of MHA be extended by an amount not to exceed an additional $65,000 in a retainer format. This amount will allow the Agency to continue to use MHA’s legal services without disruption over the next two to three years.

Funding for these legal services will be shared between the Downtown Administration Fund 301, North Brentwood Administration Fund 321, Housing Fund 302, and the Tax Allocation Bond Proceeds, as appropriate.

Attachment: First Amendment to Agreement for Legal Services


The Agreement entitled “Agreement for Legal Services” dated May 8, 2001, between the Redevelopment Agency of the City of Brentwood (“Agency”) and McDonough Holland & Allen (“Special Counsel”) is hereby amended as follows.

Section 1. Section 3a(2) of the Agreement is amended to read:

“Amount of Fees. The Agency shall pay Special Counsel an amount not to exceed $130,000 for legal advice and consultation regarding redevelopment activities, plans, policies and strategies, including but not limited to research, opinions, negotiations, and preparation of agreements and documents relating thereto.” 

Section 2. Except as amended by this First Amendment to the Agreement, this Agreement shall remain in full force and effect.

This Amendment is executed on January 14, 2003.

CITY OF BRENTWOOD a professional corporation

______________________________ ____________________________
John Stevenson, Executive Director Dave Beatty, Managing Shareholder 


Karen Diaz, Agency Secretary
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441