HomeMy WebLinkAbout70-111RESOLUTIOV No. 1~~
RESOLUTZON APPOINTING SPECIAI, BQND COUNSEL AND
AU~'HORIZING EXECUTTON OF AGREE~~ENT
BE ~T I2ESOLVED by the Board of Supervzsors pf the County
of Butte, State of California, ~hat STURGIS, DEN-DULK, DOUGLASS &
~KD~~SON., Attorneys at La~a, Oakland, Califoxnza, be, and ~hey are
herevy,:a~pointed as Special Bond Coun5el to con~uct special assess-
men~ district proceedings in Paradise Pines Ass~ssment Distric~ No. 1,
Uni.~s 1-:and 2.,.Butte County,•Cali.f.ornia; and
BE :IT T'URTHER `R~SOI;VED that the employment of the sazd
STURGTS, DEN-DE7LK, DOUGI~ASS & AP3DER50N shall be as pzovzded in the
atta:ch~d agreement; and
BE TT FURTfiER RESOLV'~D that the Chairman of the Board oF
Supervisors uf the County of Butte be authorized to sign, and the
County Clerk f.hereof be authorized to attes#:, that certain agree-
ment employing the said SmUF2GIS., DEN--DULK, DOUGLASS & ANDERSON a~
Special.Bond Counsel to do and per£orm the services ther~in set forth
and upon the compensat~inn ~herein provided for.
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I H~REBY CERTI~'Y that the foregoing resolution was duly
and regularly adopted by the Board of 5upervisors of ~he County of
Butte, State of California, at a regular meeting thereof, held on
the 21st day af July, 1970.,..by.-th~..following..vote, to_.wit;.. _._....
How~~ Maxon~ MeKi.lloa~ ReynoZds; Chairma~i
AYES: Super.vi;~ors _!
NQES~: Superdisors Norie ~
:X~BSL;N~': S.up.e+r~is,ors
• CLARK A. NFLSON, County C12rk,
F3utte County, California
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~A G R E E M E N T
THIS AGR~EM~I~T, made and entered into this 21st day of
JUIXr 1970, by and between th2 COU~TY OF nUTTE, a poZitical subdivision
of the Sta~e of Calzfornia, hereinafter caZled ~irst Party, and STURGIS,
DE~-DULK, DOUGL~SS & AND~RSON, Attorneys at Law, Special Bond Counsel,
hereinafter caLled Secon~ Party;
6V I T PI E S S E T H:
That £or and in consideration of the mutual covenants and
agreements herein contained „the.parties here~.o aqree as fol.lows:
1.. F'irsti Party .proposes to inif.i~te proceedings for the
improvEments and acquisi~.ions to be made in Paradise ~ines Assessment
District No. 1, Un.~ts 1. and 2, Butte Cpunty, Califoznia.
2. First Party hezeby employs Second Pa~ty as Special
Bond Counsel and Second Pazty hexeby ag~ees to accept said employment
by First Party ~.n said proceedings, Sai.d servi.ces shall znclude
the follosaing:
a. Such preliminary consultations and advice as are
necessary caith First Party officials, or P'irst
Party otficials and groups not cor:mprised of I'irst
Par'ty offi.c~.als, to determine the best proceedings
to be taken and what district is to be for.r.ied;
b. Preparation of ~ny and aZl proc~edings from ~he
time of commencement of formal proceedings by
petition or action af the governing body of
First Party through to consummation ot the pra-
ceedings and sal.e of the specia). assessment bonds
which may be issued in connection with said
~XOGe~dlnc~5 ;
c. Complete su~ervision of a11 stages o£ the pro-
ceedings and attendanca at such public and pri-
va~e mee~ings as are necessary to carry the
project through to comple~ion;
d., `Second Par.-ty is to be available for consulta-
.t:ion b,y ~'irs't Party o:fficials, groups and/or
individuals for inforr.iation and consultation with
relation to such proceedings by telephone or
otherwise if it can be arranged;
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e. Second Party agrees that there shall be ~ncluded
in tha at~ount of the fee provided to be paid
opinion to the purchaser or purchasers of bonds
which may be issued in the proce~dings.
3. The iee provided for herein does not incluae out-of-.
pocket expenses of Second Party for transportation, communication
or other out-of-pocket expenses, or for any services in connection
wzth litigation.
4. Second Party sha17. receive as compensaLion for the
services herein agreed to be provi~ed the sum of three per cent {3~)
of ~he project costs. "Project Cost" is defzned to include construc-
tion costs, acquisition costs, u~ility deposits and con~ingency funds
as shown an ~he final Engineer.'s Report and Estimat~.of Cost approved
by First Party and on file in the proceedings at the time.of con-
firmation of the assessmant district. "P~oject Cost° shall not include:
(a) Incidental expensES;
(b) The amount of any bond diseountj
In no event shall said compensation be less than $1,500.00,
Said compensa~ion shall be payable from the proceeds oE
assessments lev~ed in saxd praceedings based upon the figures en-
um~ra~ed above and shall be payable upon recezpt of money from the
proceeds of assessments levied, _
5. The ~ee herezn provided for shall not include any services
in connection caith acquisition of rights-of-way or proceedings in
eminent domain. Any services rendered by Second Party in connec~ion
with the acquisition af land for ri.ghts-of-4~ay or eminent domain
proceedings, including all costs in connection with such acquisitions,
shall be paid for in addition to fees herein provided for, and shall
be payable.in the-s~m~ manner as other fees,
6. In the ~vent said pr.oceedings are not carrzed through
to conclusion, or shall be abandoned, then Second Party shall
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rec~iv~ nothing.
IN ~4?TNESS ~9fIER~OF ~ the parties hereto have her~unto sub-
scrib~d their names, First Party by the Chairman of the Board of
Sup~rvisors of saz.d County of Butte, attested by its County Clerk, the
day and year in this agreement first above wx-itten.
COUNTX OF BUTT~, a pola.ta.cal subdzva.sion
of ~he State of Californa.a
BY ~ ~ ~J ~i~~
Chairma , oard of 5upervisor
AT~~'EST: ~ ~ ~ ~
~
C]:ark A. Neison, Caunty Clerk
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"Fir~~: Party"
S`1'URGIS, DEN-DULK~ BO[1GLASS & ANDERSpi1
By
"5econc~ Party"
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