HomeMy WebLinkAbout71-165RESOLUTION NO. 71-165 "
RESOLUTION APPOINTING SPECIA~ BQND COUNS$L AND
AUTHORI2ING E7{ECU`~ION OF AGREEPSENT -
BE TT 3tESOLVED by the Board of Supervisors of the County
of Butte, 5tate of California, that STURGTS, DEN-bUI,K, DOUGLASS
&'ANDERSON, Attorneys a~ LaG~, Oakland, California, be, and they
are herelay, appointed as Special Bond Counsel to conduct special
assessment district proceedinqs in Paradise Pines Units No. 12, 13
& 14 Assessr~ent Distzict, Butte County, Califarnia; and
BE IT FLTRTH~R RESOLVED that the emnloyment of the said
STURGIS, DEN-DUT,iC, DOUGLASS & ANbERSON shail. be as provided in the
attached agreement; and
BE IT FURTFI~R RESOLVED that the Chairman of the Board of
Supervisors of the County of ~3utte be authorized to sign, and the
County Clerk thereot be authorized to attest, that certain agree-
ment employing the said STBRG~S, DEN-DULK, DQUGLASS & AND~RSON as
6pecial Bond CounseJ. to do and perforr,i the services therein set
forth and uAOn the compensation therein provided for.
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I HERESY CERTIFY that the foregoing resolution was duly
and regularly adopted by the Board of Superva.sors of the County of
Butte, State of Californ~a, at a regular meeting thereof, held on
the 3rd day of August, 1971, by the following vote, to wit:
AYES: Supervisors Gilman Madi~an Maxon r~oxiiiop, and Chairman
Reyno3.ds
NOES: Supervisors _
ABSENT: Supervisors -_
CLARK A. NELSON, Co~nty C].erk,
County of Butte, State of Ca1S,fornia
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TiiIS AGREE.4~NT, made and entered into this 3rd day of
A~gust, 1971, by and between the COIINTY OF BUT~E, a political sub-
division ot the State of Californa.a, hereinafter calZed First Party,
and S~URGTS, DEP1-DULK, DOUGLASS & AND~.RSON, Attorneys at Law, 5pecial
$ond Counsel, hereina£ter cailed Secand Party;
W I T N E 5 S E T H~ "
That for and in consideration of the mutual covenants
and agreements herein contained, the part9.es hereto agree as follows:
7.. First Party proposes to initiate praceedings for ~he
improvements in Paradise Pines ilnits No. 12, 13 & 1.4 Assessment
District, Butte Cvunty, California.
2. First Party hereby employs Second Party as Special
• Bond Counsel and Seconfl Party hereby agrees to accept said employment
by First Party in said proceedings. Said services shall include
~he following:
a. Suoh pre~.iminary consultations and advice as are
necessary with First Party officials, or F'irst
Party official.s and groups not comprisefl of First
Party officials, to determine the best proceedings
to be taken and what district is to be formed;
b~ pxeparation of any and all proceed~ngs from the
time of cor.unencement vf forma3. proceedings by
petition or action of the governing body of
Fi.rst Party through to cons~ation o£ the pro-
ceedi.ngs and sale of the special assessment bonds
which may be issued in connection with said
proceedings;
c. Ca~nplete supesvision of all s~ages of the pro-
aeedings and attendance a~ such pnblic and pri-
vate meetings as are necessary to carry the
project through ta completion;
d. 5econd ~arty is to be available for consulta-
tion by First Party officials, groups and/or
individuals for information and consuJ.tation with
relation to such proceedings by telephone or
otherwise if it can be arranged; ~
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e. Secanfl 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 ~ssued in the proceedings.
3. ~he fee provided for herein does not include out-
of-pocket expenses of Second Party for transportation; communica-
tion or other out-of-pocket expenses, or for any services in con-
nection with litiga~ion.
4. Second Party shall receive as compensation for tha
servioes herein agreed to be provided the sum of three per cent
(3~) of the project costis. "Project Gos~" is defined to include
cons~ruction costs, acquisition costs, utility.deposits and con-
tingency funds as shown on the final Engineer's Report and Esti-
mate of Cost approved by First Party and on file in the proceed-
ings at the time of confirmation of the assassment distrzct. "Project
Cost" shall nnt include:
(a) Incidental expeases;
{b) The ainount of any bond discount.
In no event sha11 said compensation be less than $1,500.00.
Said compensation shal~ be payable from the proceeds of
assessments ievied in said proceedings based upon the £igures en-
umerated above and shall be payable upon receipt of money from the
proceeds of assessments levied.
5. mhe fee herein provided for sha11 not include any
services in connection with acquisition of rights-of-way or proceed-
ings in eminent domain. An~ services rendered by Second Party in
connection with the acqu~si~ion of land for rights-of-way or em~nent
domain proceedings, including all costs in connection with such
acquisitions, shall be paid for in addition to fees herein provided
for, and sha11 be payable in the same manner as other fees.
6. Second Party certifies ~hat it has no interes~, either
direct or indirect, in any property or matter involved in the
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proceedings referred to in this contract other than the fees here-
in specified and for the purposes herein specifzed.
Said Secpnd Party further certifies that i~ represents
no property owner within the boundaries of said praposed assessment
district for any purpose, directly or indirectly, other than the
services rendered as Sgecial Bond Counsel, in accordance with the
terms of this contract.
7. In the event said proceedings are not carried through
to con~lusipn, or shall be abandoned, then Second Party shall receive
nothing.
I~ WITNESS WHEREOF, the parties hereto have hereunto
• subscribed:their names, First Party by the Chairsnan of the Board of
Supervisors of said County of Butte, attested by its County Clerk
the day and year in this agreement first above written.
COUNTY OF BUTT~, a politacal subdivision
of the State of California
BY
C rman, Boa Supervzsors
ATTEST:
CLARK A. NELSON, County C~erk
~`~ ~ .~~~,,~, "First Party"
STEJRGIS, D~~I-DULK, DO[JGLASS & ANDERSOI3
Special Bond Counsel
By
"Second Party"
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