HomeMy WebLinkAbout71-149~soLVmzo~ No. 7~-149
RESOLUTIO?~E APPOIi]TIt3G SP~CTAL BOND COUNSEL A~7U
AUTHORI2II•dG EXECUTION OF' r~GR~~+~i~idT
BE IT RESOLV~D by the Board of Supervisors of the County
of Butte, State of California, that STURGIS, DEN-DIILK, DQUGLASS &
ANDERSOIv, Attorneys at T,aw, Oakland, California, be, and they are
hereby, appointed as Sgecial. Bond Counsel to conduct special assess-
ment dis~rict proceedings in Paradise Pines Units Aio. 10, lI & 15
Assessment District, Sutte County, California; and
BE IT FURTXTER RESOLVyD that the emnloyment of the said
STURG25, DEN-DULK, DOUGLASS & A~IDERSO:T shall be as provided a.n the
attached agre~ment; and
BE IT FURTHER RESOLVED ttcat the Chairman of the Board of
Supervisors of the County of 3utte be authorized to sign, and the
Cnunty Clerk thereof be authorized to attest, that certain agree-
ment employine~ the said STURGIS, DE~?-DULK, DOUCLI~ISS & Ai~IDERSO'+1 as
Special Band Counsel to do an8 p~rfarm the serviccs therein set forth
and unon the comnensation thesein provided £or.
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I HER~SY CERTIT'Y th3t th~ foreqoinq resolutian was duly
and regularlr~ adop~ed by the Board of Sunervisors of the Connty of
Bu~te, 5tate o~ California, at a regu~.ar meeting thereof, ~eld on
the 20th day of July, I971, by the folZowing vote, to wit:
AYES: Supervisors Gi].man, Madi~an, Maxon, and ~hairman Reyno~.ds
NOES: Supervisors None _
ABSEN~: Supervisors ervisor McKillo
CLARf: A, idELSON, County Clerk,
County of Butte, State o~ California
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A G R E E M E N T
THIS AGRE~TMIEt~T, made and entered into this 20th day of
July, 1971, by and between the County of Butte, a poli~ical
subdivision of the State o£ Califosnia, hereinafter called First
Party, and STU~GIS, DEtd-DULK, DOUGLASS & ANDERSbN, Attorneys a~ Law,
Special Bond Counsel, hereinafter called Second Party;
W 2 T N E S S E T H:
That for and in consideration of the mutuaZ aovenants an8
agreements herein contained, the parties hereto agree as follows:
1. First Party proposes to initiate proceedings for the
improvemen~s and acquisitions in Paradise Pines Unzts No. I0, 1~ & 15
Assessment District, Butte Coun~y, California.
2. First Party hereby employs 8econd Party as Special
Bond Counsel and Second Party hereby agrees to accent said employment
by First Party in sai8 proceedings. Said services shall inc~ude
the following:
a. Such preliminary consultations and advice as are
necessary with First Party officia~s, o~ First
Party officials and grou~s not comprised of First
Par~y officials, tn determine the best proceedings
to be taken and what district is to be formed;
b. Preparation of any and all proceedings from the
~ime of commencement of formal prooeedznqs by
petition or action pf the governing body of
Firs~ Party through to consummation of the prn-
ceedings and sale of fhe special assessment bonds
which may be issued in connection wath said
proceedings;
c. Complete supesvision of all stages of the prq-
ceedings and a~tendance a~ such public and pri-
vate me~~ings as are necessary to carrp the
project through to compl~tion;
d. Second Party is to be available for consulta-
tion by ~irst Party officiaZs, grouAS and/or
individuals for i~formation and cansultation with
relation to such proceedings by telephone or
otherwise if it can be arranged;
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e. Second Party agrees that there sha11"be ineluded
in the a~ount of the fee provided to be paid
opinion to the purchaser or purchasers pf bonds
which may be issued in the proceedings.
3. The ~ee provided for herein does not ~include out-of-
poeke~ expenses of Second Party for transportation, communication
or other ou~-of-pocket expenses, or for any services in cannection
with litigation.
4. Second Party shall receive as compensation for the
services herein agreed to be provided the sum of three per cent (3~}
of the project costs. "Project Cost" is defined to include construc-
tion costs, aaquzsition costs, uti~ity deposits and contingency funds
as shown on the final Engineer's P.eport and Estimate of Cost approved
by First Party and on file in the procesdings at the tzme of con-
firmation of the assessment district. "Project Cost" shall not include:
(a) Incidental expenses;
(b) The amount of anp bond discount.<
In no event shall said compensation be less than
$1,500.00.
Said cnmpensat3.on sha11 be payabl.e from the proceeds of
assas~ments Ievied in said proceedings based upon the figures en-
umerated above and sha~l be payable upon receiAt of money from the
pzoceeds ot assessments levied.
5. The fee h~rein prova.ded for shall not include any services
in connection with acquisition of rights-of-way or proceedings in
eminent domain. ~ny services rendered by Second Party in connection
with the acquisitiari of land for rights-of-way or eminent domain
proceedings, including all costs in connection with such acquisitions,
shall be paid for in addition to fees herein provided fo~, and shall
be payable in ~he same manner as other ~'ees.
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6. Seeond Party certifies ~hat it has no interest,
either direct or indirect, in any groperty or matter involved in
the proceedings ref~rred to in this contract other than the fees
herein sQecified and for the purposes herein soecified.
Said Second Party further certifies that it
represents no property owner within the boundaries of said proposed
assessment distrzct for any purpose, directly or indirectly, other
than the services rendered as Snecial Bond Cnunsel, in accazdance
with the terms of this contract.
7. In th~ event said proceedings are not carried through
ta conalusion, or shall be abandoned, then 5econd Party shall receive
nothing.
IN WITVESS WHEREOF, ths partzes hereto have hereunto sub-
scribed their names, First Party by the Chairman of the Board of
5upervisors of said County of Butte, attested by its County Clerk,
the day and year in this agreement tirst above written.
COUIJTY OF BUTTE, a po~itical subdivision
of the Sta~~ of Califo~nia
By ~,
C rman, Doard of Supervisors
ATTESm:
CLARK A, i1~T,SON, County Clerk
"First Party"
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STURGIS ~ DI;bI-DULK, DOUGLASS & I~NDERSON
Spec3.a]. Bond Counsel
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~y ;
"Second Party"
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