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Home My WebLink About70-134~of . x~soLU~rrort ~To. ~.34- RESOLUfiIO?v APPOINTING SPECIAL $OND C~UATSEI~ AND ~ AUTHORIZING EXECUTION OF AGREE~+fENT ---SE.YT RESOLVED by the Board of Supexvisoxs o~ the Caunty of Butte, State of•California, that STi3RGIS, DEN-AULK, bOUGLASS F~ ANDERSON, Attorneys at La1a, Oakland, California, be, and they axe hexeby, appointed as Special Bond Counsel to conduct special assess- ment district proceedings in Paradise Pines Unit No. 3 Assesament District, Butte County, Cali.fornia; and BE IT FLTRTHER RESOLVED that the employment of the said STURGIS, DEN-DULK, DOUGLASS $ A~IDERSON shall be as provided in the attached agreement; and B~ IT FURTHER RF.SOLVED that the Chairman of the Board of Superva.sors of the County of Butte be au'thorized to sign, and the County Clerk thereo~ ?~e authorized to attest, that certain agree- . ment employing the said STURGIS, AEN-DiJLK, DOUGLASS $ ANDERSON as Special Bond Counsel to d.o and perform the servi.ces tkaerein set foxth and upon the compensation therein provided for. * * * I HEREBY CERTIFY that the foregoing resolution was duly ____ and regularly_adopted b_y the Baard of Supervisors of the County of Butte, State of California, at a regular meeting thereof, held on Lhe ilth day of August, 1970, by the fol~owing vote, to wit: AYES: Supexvisors ~owsden~ Maxon~ Mc Rillop~.Rey~olds; Chairman NQ~S: Supervisors None ABSENT: Supervisors ~Vo~e ... CLARK A. NELSON, County CJ.erk, Butte County, Cal~.fornia ~ ~/'~~{~ : ~~~~~~~~~~ A G R E E M E N T TEIIS AGREEidEI3T, made and entered into this lith day of August, 1970, by anci between the COUNTX OF BUTTE, a political sub- division of the State of California, hereinafter called First Party, and STURGIS, DEN-DULK, DOUGLASS ~ AND~RSON, Attorneys at Law, Special Bond Counsel, hereinafter called Second Paxty; W Y T N E S S~ T H; That for and in consideration o~ the mutual covenants and agreemenrs herein contained; the partie.s_hereto agreE as follows: 1. First Party proposes to initiate proceedi'ngs for the improvements and acquisitions to he made in Paradise Pines Unit No. 3 Assessment District, Butte County, Califoxnia. 2. First Party hereUy ~mploys Second Party as Special Bond CounseJ. and Second Party hereby agrees to accept said employment by First ~axty in said proceedings. Said servi.ces shaZi include the following: ' a. Such preliminary consultations and advice as are necessaxy ivith First Party officials, or First ----Party off~.cials and groups not cornp-rised of First - Party off9.~ials, to determine the best proceedings to be taken and what disLrict is to be formed; b. Preparation of any and all proceedings from the time of commeneement of formal proceedings by petition or a~tian of the governing body of First Party through to consummation of the pro- ceedings and sale of the special assessment bonds which may be issued in connection with said proceedings; c. Complete supervision of all stages of the pro-. ~° ceedings and attendance at such public and pri- vate meetings as axe necessary to carry the --' project through ta completion; d. Second Party is to be available far consulta- . tion by First Party officials, groups and/or individt~als for information and consultati.on with relation to such proceedings by telephone or otherwise if it can be arranged; -1- ~ ~, f ` ~~~~~~~~~~ / ~ ~ e. Second Party agrees that there shall be included in the amount of the fee provided to be paid opinion to the purchaser or purchasers of bonds which may be issued in the proceedings. _ 3. The fee provided for herein does not include out-of- • pocket expenses of Second Party for transportation, communication or ofiher out-of-pocket expenses, or for any services in connection with ` Titigatian., a 4. Second Party shall receive as compensation for the ti I services herein agreed to be provided the sum of three per Cent (30) ~ af the praject costs. "Project Cost" is defined to include constxuc- tion casts, acquisition costs, utility deposits and contingency funds , -as shown on the final Engineer's Report and Estimate of Cost approved by First Party and on file in the proceedings at the time o£ con- firmation of the assessment district. "Project Cost" shall not inc2ude: (a) Incidental expenses; (b) "The amo~nt of any bond discount, ' ~n no event shall said compensation be ].ess than ~1,500.00. Said compensation shall be payable from the pxoceeds of asse~ssments leviec~ in said proceedings based upan the figures en- umerated above and shall be payable upon receipt o~ money £rom the proceeds of assessments levied. 5. The fee herein provided for shall not include any services in connection with a~quisition of rights-of-way o'r proceed- _ _, _ ings in eminent domain. Any services rendered by Second Party in ~Wconnectian with the acquisition o~ land for xights-of-way or eminent _ domain:proceedings, including alI costs in connectipn with such acqui- sitions, shall be paid for in addition to fees herein provided for, and shall be payable in the same manner as other fees. ~ 6. In the event said.proceedings are not carried thxough Lo conclusion~, or shall be abandoned, then 5econd Party shall receive nothing. ---IN--W~TNESS WHEREOF, the parties hereto have hereunto , _ _Z- ~ . . .; ' 1 ~ _ _- ~_..._ _~. ._~:., ..---- __ ,._. ~ = --~ - - ~ _ _ --- subscribed their names, Fi.rst Party by the Chairman of the Soaxd of Supervisors of said County of Butte, attested by its County Clerk, the day and year in this agreement first above written. COUNTY OF BUTTE, a political sub- division of the 5tate of California ~y airman, oax o upervisors ATTE S'C : Clark A. Nelson, County Clerk 4 ~.~=t-~~- . "First Party" STURGiS, DEN-DULiC, DOi7GLASS ~ ANDERSON _ - By "Second Party"