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RESOLUTION AFO. 71-76
RESOLUTIOPI APPOINTiNG SPECIAI, BOND COUNSEL AND
AUTHORTZING EX~CUTTQN [?F AGRTE?yIENT
Bk: zT RESOLVED by the Board of Supervisors of the County
of Butte, State o~ California, that STURGTS, DEN-DULK, bOUGLASS
& ANDERSON, Attorneys at Law, Oakland, California, be, and they.
are hereby, appointed as Specia1.13ond Counsel ta conduc~ speciaZ
assessment district proceedinc}s in Paradise Pines Units No. 4 and
8 Assessment Distri.ct, Butte County, Californza; and
SE IT FURTHPR RESOLVED i:hat the emplayment of the
said STURGIS, DEN-DULK, DOUG~,ASS &"ANDERSON shall be as provided
in the attached agreement; and
BE IT FURTFIFR RESOLVBD that ~he Chairman o~ the Board of
Supervisors of the County of Butte be authorized to sign, and
the County Clerk thereof be autharized to attest, that certain
agreement employing the said STURGIS, D~N-DULK, DOUGLASS & ANDERSON
as Special Bond Counsel to do and pexform the services therein
set forth and upon the compensation there9.n provided for.
* * *
I HEREBY CERTIFY that the foregoing resolu~ion ~aas duly
and regu~.azly adop~.ed by the Board of Supervi.sars of the County of
Butte, 5tate of California, at a regular meeting thereof, held on
the 4th day of pi~y, 1971, by the following vote, to wit:
AYES:. Supervisars Gilma,n Madi an Maxon McKi11o and Chairman
Reynalds
NOES: Superva.sors None
.~BSE~TT: Supervisors None
CLARK A. NELSON, County C~erk,
County of Butte, Sta~e of California
`~ 4 c' ~'~'~~"~
~
A G R E~ M E N T
Tf3IS AGR~Lt~'1~NT, made and enterEd into this 4th day
o~ ~ay, 1971, by and between the County of Butte, a pol~.tical
su~divzsion qf the State of California, hereinafter_ called Firs~.
Party, and STURGIS, D~N-DULK, DOiIGLASS & ANDERSON, Attorneys
at T.aw, Speczal Bond Counsel, hezeinafter called Second Party;
W I T DI E S S E T I~:
That ~oz and in cansiderati~on of the mutual covenants
and agrEements herein contained, the parties hereto ag~ee as
follows : ~ ' '
1. First Party proposes to initiate proceedings for
the construction of improvements and acRuisitions to be made in
Paradise Pines Units No. 4 and 8 Assessment District, Butte County,
California. ~ ~
2. First Party hereby employs Second Party as Special
Bond Caunsel and Second Party here~~y agrees to accept said employment
by First Party in said proceedings. Said services shall inc3.ude
the following:
a. Such preliminary consultatians and advice as aze
necessary with k'irs~ Party officials, ar k'zzst
Party pfficials and groups not compr9.sed of k'zrst
Party officials, to determine the best proceedings
to be taken and what da.stra.ct xs to be formed;
b. Preparation of any and a11 proceedinqs from the
tzme of cammencement of formal. proceedinqs by.
petition or action of the governing body of
Fzzst Pa~ty through to consummation of the pro-
ceedings anc~ sale of the special assessment bonds
which nay be issued in connection with said
proeeedings;
c. Complete supervisian of ail stacres of the pro-
ceedings and attendanci at such public and pri-
vate meetings as are necessary to car.ry the .
project through ~o completion; ~
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d. Second Party is to be available for consul~a-
tion by Firs~ Party officials, graups and/or
in~ividuals for information and con>ultation with
relation to such proceedings by telephone or
otherw~se if it can be arranged;
: e. Second Party agr.ees ~hat 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 no~ znclude out-
of-pocket expenses of Second Party for tr.ansportatzon, cor2munica-
tion or other out-of-pocket expenses, or £or any services in
connection with litigation.
4, Second Party shall receive as compensatiori tor
the services herein agreed to be pr.ovided the s~m of three per
cent f3~) of the project costs. "~roject Cost" is defined to
include construc~ion costs, acquisition casts, urility deposits
and continqency funds as sho~an on the final Enqzneer's Report
and Estimate o£ Cost approved ~y First Par.ty and on file in
the proceedings at the time of confirmati_on of the assessment
district. "Project Cast" shal~ not include:
(a) Incidenta~ expenses;
fb) The amount o~ any bond discount...
In no event shall said compensation be less than $1,500.00.
Said compensation sha~l be payable from the proceeds
of assessments Zevied in said proceedings based upon the figures
enumerated above and shall be payable upon receipt o£ money
from the proceeds of assessments levied. .
' 5. The fee ~erein pr.ovided for shall not include
any services in connection with acquisition of rights-of-way
or proceedings in eminent domain. Any services rendered by
Second Party in connectian with the acquisition of land for
rights-of-way or eminent domain proceedings, including all costs
in connection with such acquis~tions, shall be paid for in addition
to fees herein provided for, and shall be payable in the sam~
manner as other fees. : , •
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6. Second Party certifzes that it has no inter~st,
either direct or indirect,.in any property or matter involved in
the proceedings referred tn in this contract other than the fees
herein specif~ed and for the purposes herein specified.
Said Second Party further certifies that it
represents no propezty owner within the boundaries of saia proposed
assessment distrzct for any purpose, direc~ly or indirectly,
other than the serv~ces rendered as Special Bond Counsel, in
accordance with the terms of this'contract,
7. In the event said proceedings aze not carried
through to conclusion, or sha11 be abandoned, then Second Party
shall receive nothing. '
IN WITNBSS WHEREOF, ~he parties hereto have hereuntp
subscribed their names, First Par_ty by the Chairman of the Board
of Supervisors o£ said County of Butte, at~ested by its Caunty Clerk,
the day and year in this agreement first above written.
COUN~'Y OF BUTT~, a political subdivision
of the Sta~e of Ca~ifornia
ATTEST:
CLARK A. NELSON C~Y Clerk
C:E~ 'Z
By ~
Cha ~an, Board Supervisors
"First Party"
STURGIS, DEN-DULK, DOUGLASS & AND~RSOI~T
Special Bond Counsel
' By
~ "Second Party"
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