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RES-OB-0029 Attorney Services Agreement ApprovalRESOLUTION NO.OB -0029 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY APPROVING AN ATTORNEY SERVICES AGREEMENT WITH KANE, BALLMER & BERKMAN TO PROVIDE LITIGATION SERVICES. WHEREAS, Assembly Bill xl 26 ( "AB 26 ") and AB xl 27 were passed by the State Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and WHEREAS, among other things, AB 26 amended Sections 33500, 33501, 33607.5 and 33607.7 of the California Health and Safety Code and added Part 1.8 and Part 1.85 of Division 24 to the California Health and Safety Code; and WHEREAS, by enactment of Part 1.85 of Division 24 of the California Health and Safety Code, subject to all reservations herein stated, the Orange Redevelopment Agency the "Agency ") was dissolved as of February 1, 2012; and WHEREAS, Assembly Bill 1484 ( "AB 1484 ") was passed by the State Legislature on June 27, 2012 and signed by the Governor on June 27, 2012 which adds and amends certain provisions contained in AB 26, including the process for adopting Recognized Obligation Payment Schedules; and WHEREAS, California Health and Safety Code Section 34173(a) designates successor agencies as successor entities to former redevelopment agencies; and WHEREAS, on January 10, 2012, by Resolution No. 10625, the City of Orange declared itself as the successor agency (the "Successor Agency ") upon the dissolution of the Agency, subject to all reservations stated in such resolution; and WHEREAS, the Oversight Board of the Successor Agency to the Orange Redevelopment Agency (the "Oversight Board ") has been established to direct the Successor Agency to take certain actions to wind down the affairs of the Agency in accordance with the California Health and Safety Code; and WHEREAS, California Health and Safety Code Section 34177.3(b) authorizes a Successor Agency to create an enforceable obligation to conduct wind -down activities of the dissolved redevelopment agency, such as hiring staff, acquiring necessary professional administrative services and legal counsel, and procuring insurance. WHEREAS, California Health and Safety Code Section 34171(d)(1)(F) provides for Successor Agencies to enter into contracts or agreements necessary for the administration or operation of the successor agency including but not limited to agreements concerning litigation. NOW, THEREFORE, the Oversight Board of the Successor Agency to the Orange Redevelopment Agency does hereby resolve as follows: Section 1. The Oversight Board hereby finds and determines that the foregoing recitals are true and correct. Section 2. All legal prerequisites to the adoption of this Resolution have occurred. Section 3. The Oversight Board hereby approves the Attorney Services Agreement with Kane, Ballmer & Berkman in an amount not to exceed $100,000. Section 4. The Executive Director is hereby authorized, on behalf of the Successor Agency, to sign all documents necessary and appropriate to carry out and implement the Agreement, and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement. Section 6. The Clerk of the Oversight Board shall certify to the adoption of this Resolution. Section 7. This Resolution shall take effect immediately upon its adoption. ADOPTED this 27 day of February, 2013 CAW ion f tkke Oversight Board to the Successor of th Orange Redevelopment Agency ATTEST: Mary E. Mu by Clerk of the Oversight Board 14 I hereby certify that the foregoing Resolution was duly and regularly adopted by the Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular meeting thereof held on the 27 day of February, 2013, by the following vote: AYES: BOARDMEMBERS: Reml and, Christensen, Davert, Buttress, Cavecche, Schulze NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Yarbrough ABSTAIN: BOARDMEMBERS: None 4r Mary E. rphy Clerk of the Oversight Board