RECOMMENDATION
Adoption of a resolution
authorizing the City Attorney to negotiate and execute a third amendment to the
legal services agreement with McCutchen, Doyle, Brown & Enersen, LLP for
litigation support services related to the development of the North Coyote
Valley Industrial Campus Area, increasing compensation by $250,000 to a total
amount not to exceed $400,000.
Background
The City has entered into an
agreement with McCutchen, Doyle, Brown & Enersen, LLP to provide legal
services related to the environmental impact report for the proposed North
Coyote Valley Research Park development project. These services include assistance in the litigation recently
filed with respect to the EIR and zoning actions. This agreement has previously been amended to extend the term and
to increase the amount of total compensation.
ANALYSIS
Litigation with respect to
the development of the North Coyote Valley is continuing. Additional litigation support services have
been utilized and, as the litigation continues, there is an ongoing need for
these services. The City’s cooperation agreement with developer Coyote Valley Research
Park, LLC (CVRP) allows for the reimbursement to the City of these expenses
related to the North Coyote development.
CVRP has indicated its willingness to continue to reimburse the City for
these services and we will pass these costs along to CVRP accordingly.
Therefore, we are requesting that the City Council authorize a third amendment to the legal services agreement with McCutchen, Doyle, Brown & Enersen, LLP, increasing compensation by $250,000 to a total amount not to exceed $400,000.
Not applicable.
RICHARD DOYLE
City Attorney
By
WILLIAM H. HUGHES
Assistant City Attorney