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HomeMy WebLinkAbout71-277RESpLUTION NO. 71-277' RESOLUTION APPOZNTING SPECIAL BOND COUNSEL ANb AUTHORIZING EXECIITZON OF AGREEMENT BE IT RE50LVED ~y the Board of Supervisors of the County of Butte, State of California, that STURGIS, DEN-DULK, DO~GLASS & ANDERSON, Atitorneys at Law, Oakla~d, California, be, and they are hexeby~ appointed as Special Sond Counsel to conduct special assessmen~ district proceedings in Paradise Pines Country Club Estates Units No. 2, 2 and 3 Assessment District, Butte County, California; and BE IT FURTHER RESOLVED that the employment of the said STURGIS, DEN-DULK, DOUGLASS & ANDERSON sha11 be as p.rovided in the attached agreement; and BE IT FIIRTHER RESOLVED that the Chairman of the Boaxd of 5upervisors be authorized to sign, and the County Clerk thereof be autharizefl ko attest, tha~ certain a~reemen~ employina the said STURGIS, DEN-DULK, DOUGLASS & ANDER$ON as Speaia~ Bond Counsel to do and perform the servioes there~n set forth and upon the compen- sation therein provided for. * * * I HEREBX CSRTIFY that the foregofng reso~ution was duly and regularly ado~ted by the Board of Supervisors of the Coun~y of Bu~te, State of California, at a regular meeting thereoF, held on the 9th day af Novemher~ 1971, by the following vote, to wit: AY~S: Supervisors Gilman, Madi~an~_ Maxan, and McKillop NOES: Supervisors ~o~e ABS~NT; Supervisors _ Chai rman Revnolds___ _ ____ CLAf2K A. NELSbN, Coun~y Clerk, County of Butte, State of Caiiforni.a ~~~ ~ ~i-a ~~ --._ __.___ ~... __ _ - ~ . ~~ ; : . : A G R E E M E N T THIS AGREEMENT, made ana entexed into this 9th day of Npvember, 1971, by and between the COi7NTY OF B[3TTE, a poZitical subdivision of the State of Califnrnia, hereinafter called First PaXty, and STURGIS, DEN-DULK, DOUG~ASS & ANDERSON, A~torneys at Law, Special Bond Counsel, hereinafter called Second Par~x; W I T N E S S E T H: That for and in consideration of the mutual covenants ~ and agreements herein contained, the parties hexeto agree as follows: 1. First Party proposes to initxate proceedings for the improvements and acquisitions in Paradise Pines Country Club Estates Units No. 1, 2 and 3 Assessment District, Butte County, California, 2. First Party hereby employs Second Party as Special Bond Counsel and Second Party hereby agrees to accept said emgloyment by First Party in said proceedings. Said services shall include the following: a. Such preliminary consu~tatzons and advice as are neeessary with Firs~ Party officials, or First Party aff~cials and groups not comprised of First Party offzcials, to determine the best proceedings to be taken and what district is to be formed; b. Preparation of any and aZi proceedinqs from the time of commencemen~ of formal proceedings by petition or act~on of the governing body of First Party thraugh to consummation of the pro- ceedings and saie of the special assessment bonds which may be issued in connection with said proceedings; c. Complete supervision of all stages o£ the pro- ceedings and at~endance at such public and pri- vate meetings as are necessary to carry the project thraugh to completion; d. Second Party zs to b~ available for consulta- tion by First Paxty pfficial~, groups and/or indivzduals ~or information and consultation with relation to such proceedings by telephone or ~therwise if it can be arranged; -1- ,~ __,- ---- _ ___ ____ _. _ _ , ...__ ___ __--- -_ -- ~~ ;~ . .. ; e. Second Party agrees that there shali be inciuded 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 provide8 far herein does not include out- of-pocket expenses of Second Party For transportation, communiCa- tion or other out-of-pocket expenses, or for any servzces in con- nection with litigatzon. 4. Second Party shall receive as compensation for the services herein agreed to be provided the sum of three per aent (3~) of the project costs. "Project Cost" is defined to include construction costs, acquisition costs, utility deposits and con- tingency £unds as shown on the final E'ngineer's Report and Esti- mate o£ Cost approved by First Party and on file in the proceed- ings at the time of confirmation of ~he assessment district. "Project Cost" shall not include: (a) Incidental expenses; (b) The amount of any bond discount. In no event shall said compensation be ~ess than $1,500.00. Said oompensatian shall be payable from the proceeds af assessments ~evied in said praaeedings based upnn the figures enumeraked above and shall be paXab~e upon receipt o£ money from the proceeds of assessments levied. 5. The fee herein provided for sha~l not inc~ude any services in connection with acauisition of rights-o~~way or proceed- ings in eminent domain. Any services rendered by Second Party in connection wi~h the acquisi~ion o~ Zand for zights-of-way or eminent domain proceedings, including all costs in connection with such acquisitions, shall be paid for ~n add~tion to £ees herein provided for, and shall be payAble in the same manner as other fees. 6. Second Par~y cer~ifies that it has no in~erest, either direct or indirect, in any property or matter involved in the proceedings Xeferred to in this contract o~her than the ~ees herein specified and for the purposes herein speci~ied. _2i Said Second Party further certifies that it represents no property awner within the boundaries of said proposed assessment district for any purpose, direct~y or indirectly, other than the services rendered as Special Bond Counsel, in accordance with the terms of this contract. 7. In the event said proceed~ngs aze not carried through to conclusion, or sha11 be abandoned, then Secand Party sha21 receive nothing. IN WIT~ESS WHEREOF, the parties hereto have heXeunto subscribed their names, First Party by the Chairman of said Board of Supervisors, attested by its County Clerk the day and year in this agreement first above written. COUNTY OF BUTTE, a pnLitical subdivision af the State of California Bx ATTEST: CLARK A. NELSONr Connty Clezk "First Party" STURGIS, DEN-DULK, DOUGLASS & ANDERSON Special Bond Caunsel "Second Party" -3-