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File #: 11-0921    Version: 1 Name: 8-4-11 Resolution to Approve First Amendment to Legal Services Contract with Ufer & Spaniola, P.C.
Type: Resolution Status: Passed
File created: 8/4/2011 In control: City Council
On agenda: 8/4/2011 Final action: 8/4/2011
Enactment date: 8/4/2011 Enactment #: R-11-335
Title: Resolution to Approve First Amendment to Legal Services Contract with Ufer & Spaniola, P.C.
Title
Resolution to Approve First Amendment to Legal Services Contract with Ufer & Spaniola, P.C.
Memorandum
The City previously retained the services of James C. Adams of Ufer & Spaniola, P.C. for legal consulting and drafting condominium documents in connection with the City Apartments/First and Washington Parking Structure project.  The decision to hire outside counsel was made primarily due to the dedicated time that needs to be devoted to this project.
Mr. Adams' services were originally covered under a professional services contract with Ufer and Spaniola, P.C. for $25,000.00.  As it appears that the project will require additional legal services and the cost of Mr. Adams' services will exceed $25,000.00, we are now coming to Council for an extension of that original contract.
 
All costs of Mr. Adams' services are being reimbursed by the developer, Village Green Residential Properties LLC, as required by the Parking Agreement.  To date, the City has received a retainer for $40,000.00 of these costs, and the City will continue to receive additional retention payments for future services, as necessary.
 
It is recommended that Council approve the resolution.
Staff
Prepared by:        Kevin S. McDonald, Senior Assistant City Attorney
Reviewed by:        Stephen K. Postema, City Attorney
Approved by:      Tom Crawford, Interim City Administrator
Body
Whereas, Section 5.2(c) of the Ann Arbor City Charter authorizes City Council, on the recommendation of the City Attorney, to retain special legal counsel to assist the City Attorney;
 
Whereas, Continued representation by the firm of Ufer & Spaniola, P.C. relating to matters involving the City Apartments/First and Washington Parking Structure project is in the best interests of the City at this time based on James C. Adams' expertise in development matters; and
 
Whereas, The cost of services rendered by Ufer and Spaniola, P.C. have been and will continue to be reimbursed to the City of Ann Arbor by the developer, Village Green Residential Properties, LLC;
 
RESOLVED, That the City Council approve the first amendment to the contract for legal services with the law firm of Ufer and Spaniola, P.C. in a total amount of up to $60,000.00, without regard to fiscal year; and
 
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the contract amendment with Ufer & Spaniola, P.C. after approval as to form and substance by the City Attorney.