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25F - AGMT - RECEIVERSHIP LITIGATION SUPPORT SERVICES
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11/18/2013
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25F - AGMT - RECEIVERSHIP LITIGATION SUPPORT SERVICES
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Last modified
11/15/2013 8:55:54 AM
Creation date
11/15/2013 8:16:23 AM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
25F
Date
11/18/2013
Destruction Year
2018
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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />NOVEMBER 18, 2013 <br />TITLE: <br />APPROVE AGREEMENT FOR RECEIVERSHIP <br />LITIGATION SUPPORT SERVICES WITH SILVER & <br />WRIGHT, LLP <br />z <br />CITY MA AGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ <br />As Recommended <br />❑ <br />As Amended <br />❑ <br />Ordinance on 1st Reading <br />❑ <br />Ordinance on 2ntl Reading <br />❑ <br />Implementing Resolution <br />❑ <br />Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and the Clerk of the Council to approve an agreement with Silver & <br />Wright, LLP for litigation related attorney services in an amount not to exceed $40,000, subject to <br />non - substantive changes approved by the City Manager and City Attorney, <br />DISCUSSION <br />On March 21, 2013, the City entered into a Legal Services Agreement with Silver & Wright, LLP <br />in the amount of $25,000 for assistance with code enforcement, receivership, and police legal <br />support services. Pursuant to the terms of the initial agreement, Silver & Wright, LLP <br />successfully completed the abatement of a public nuisance through a receivership action on <br />behalf of the City that resulted in the demolition and removal of the Saddleback Inn. Silver & <br />Wright, LLP also recovered over $65,000 in both legal and staff costs involved in that action. <br />As a result of this achievement, the City would like to utilize Silver & Wright, LLP for additional <br />receivership actions. Accordingly, staff is requesting that the Council approve a new agreement <br />with Silver & Wright, LLP in an amount not to exceed $40,000. This agreement will remain in <br />effect until expenditure of these funds. <br />FISCAL IMPACT <br />As a result of the success of the initial receivership, the City created a Receivership Fund <br />Account (account no. 09801001 24042). The idea is to use the funds in this account to fund <br />additional actions and to replenish that account through the recovery of legal and staff expenses <br />in each action. <br />25F -1 <br />
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