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Home My WebLink About70-192~~~soy~TioN No. ~0_192 RESOLUT20N APPOZNTING SPECIAL BOND COUNSEL AIVD AUTHORI7zNG ~XECUTION OF AGRrEI~'1~NT BE ST RESOLVED by ~he Board o~ Supervisors of the Cqun~y of Butte, Sta~e of Cali~o~nia, ~ha~ STURGIS, D~N-DULK, DOUGLASB & ANDE~SOid, A~~orneys a~ Law, Oak~and, Califarnia, be, and t~ey are hereby, appoin~~d as Special Bond Counsel to conduc~ specza~ assessmen~ district proceedings in Paxadise Pines Uni~s No. 5 and 5 Assessmen~ Dis~ric~., Coun~y of Bufite, State of Califoxnia; and B~ IT FURTH~R RESOLV~D that the employmen~ a~ the said STURGTS, DEN-DULE:, D~UGLASS & ANDERSON shall be as p~ovided in the attached agzeement; and BE IT FURTFIER RESOLVED ~hat the Chai.rma,. of the snard af Sup~rvisors of the County of Butte be authorized to sign, and the County Clerk thereof be authnrized to attest, tha't certain agreemen~. employing the said STURGIS, flEN-DElLK, DOUGLASS & ANDERSON I as Specia~ Bond Counsel to do and perform the services therein set £orth and upon the compensata.on therein provided for. * * ' * -~- ~~~~~ A~ . _........ _ ~~_ ~~ _ Y HEREBY CER'~IFY that th2 foregoing resolution was duly and regularly adopted by the Board of Supervisors of ~he County of Butte~ State of Califarnia, a~ a reaular meeting thereof, held on the 20th day of Oc'tober, 1970, by the following vote, to wit: AYFS: 5upervisors Howsden Maxox~. MeKillo ; Re~n.olds, and Chairman Dunaway~ NOES: ' Supervisors None ABS~NT: Supervisors None ~ . CLARK A. N~LSON, Cnun~y CZerk County of Butta, ' State of Galifco~ni.a ~ ~, d'+~-~ ~_ ~S~~L) . -2- A G ~z ~ L t~ E N~r TTil'S AGREEMENT, made and entered into this 201:h day of October , 1.970, by and between the COUN~Y OF BUTTE, a political subdivi.sion of ~he State of Cala.~o~nia, hereinaf~er called Fars~ Party, and S'Ti7RGZS, DEN-DULIC, DOIIGLI~SS & AND~RSON, Attorneys at Law, Special Bond Counsel, her.einafter called Second Party; P7 I 2 N E 5 S~ T H: Thati for and in considera~tion of ~he mu~ual covenants and agreemen'ts herein contiained, th~ parties hereto agree as follows: ].. First Partcy proposes to initiate praceedings for the improvements and acquisitions ~o be mad~ in Paradise Pines Unitcs No. 5 and 6 Assessment Distric~, County of Butte, Sta~e of California. 2. First Party hereby emplays Second Party as Specia]~ Bond CounseZ and Second P~rty hereby agrees to accept sa~.d employment by First Party in said proceedings. Said services shall include the following: a. Such preiiminary consulta'tions and advice as are necessary 4Tl~~l k'irs~ Parcy officia3.s, or First Party officials and groups not comprised of First Par~y officials, to determa.ne the best proc~edings to be taken and wha~ distzict is to be £ormed; b. Prepara~ion of any and al.l. proceedings from the time of commencemenf. of 'formal proceedings by peti~ion or action of the governing body of First Party through to consummation of the pra-- ceedings and sale o£ the specia~. assessment bonds which may be issued in connection with said proceedings; . c. Comple~e supervision of all stag~s of the pro-- ceedings and attendance at such public and pri-- vate meetings as are n~cessary to carry the project through to completion; d. Second Par~y is to be available for cansulta- tion by Fixst Pazty officials, qroups and/or individuals for info~mation.and cansultiation wi~h rela~ion to such proceed~ngs by telephone or o~herwise if it can be arranged; e. Second Farty ~grees tha~ there shall be included in the amoun~ of the ~ee provide~ to be paid - oninion to ~he purchaser ox gurchasers of bonds which may be issued xn the proceedings. 3. The fee provide~ for herein daes not ~nclude ou~- of-packe~ expens~s of Second Party for transportation, communication or o~her out-of-pocke~ ~xp~nses, or ~or any services in connect~on with litiigation. 4. Second Party sha11 receive as compensa~ion for the services h~rein agreed to be provided the sum o~ three.per cent (3~) of the praject cos~s. "Project Cos~" is defined ~o include construction costs, acquisition costs, utili~y deposi~s and con- tingency funds as shown on ~he final Engineer's Repor~ and ~s~i- mate of Cost approved by First Par~y and on file in the proceed- ings at the time of cnnfirmation of the a5sessmen~ ~istrict. "Projec~ Cos~" shall not inc~ude: . (a? Incidental expenses; (b) The amoant of any bond discount In no even~ sha11 said compensation be less than $1,500.00. Said compensation shall be payable from the proceeds of assessments levied in said proceedings based upon th~ figures enumerated above and shall be payable upon receipt of money from the proceeds oE assessmen~s levied. 5. The fee herein pzovided for shall no~ include any services in connection with acquisition of rights-of4way or proceed- inqs in eminent domain. Any servzces rendered by Second Party in connection.with the acquisitzon af land for zights~of-way or~ eminent domain praceedings, including all costs in connection with such acquisztions, shall be pazd for kn addition to fees -2- herein provided for,,and shall be payable in the same manner as other fees. 6e Tn the event said proceedings are not carried through ~o conalusi.on, or shali be abandpned, tnen Second Farty shall zeceive no~hing. IN WITNESS ~aHEREOF, the parties hereto have hereun~o subscribed ~hezr namES, First Pazty by ~he Chairman of the Board af Sup~rv~so~s-of said County n~ Bu~te, attested by its Couii~y Clerk, ~he day and year in this agreemen~ firs~ abave wrzt~en. ATTES7': CLARK A.. NELSON, County Clerk ~~ ~ ~~~ COUNTY OF B~TT~, a poli~ical subdivzsion a~ the sta~e og California ~ ~ BY: ' ,~ ~ ,~: O Chairinan, Eoazc~ o uperva.sor"s ~' "First Party" STURGLS, DEN-DULK, DOUGL?~SS & ANDERSOIV, Speci.al Bond Counsel -------- - By. ~ Robert B~unsell "Second Party"' -- 3-