HomeMy WebLinkAbout71-298RESOLUTION NO. ~~'298
RE50Lt3TI0N APPOIPITING SPECIAL BOND COUNSEL AND
AUTHORIZiIVG EYECUTIQN OF AGREEM~NT
B~ IT RESOLVED by the Board qf Supervisors of the County
of Butte, State of California, that STURGZS, DEN-DULK, DOUGLASS &
ANDER50N, Attorneys at Law~ Oakland, Ca].zfoXnia, be, and they are
hereby, appoi.nted as Special Bond Counsel to conduct special assess-
ment district proceedings in Paradi.se Pines Country Club Estates
Unit No. 4 Assesssnent District, Butte County, California; and
B~ IT FURTF3~12 RESOLVED that the empl4yment of the said
STURGTS, DEN-DULK~ DOUGLASS & ANDERSON sha~.l be as provided in the
attached agreement; and
BE IT Fi7RT~iER RESOL'VED that the Chairmar~ o£ the Board of
Supervisors o€ the Caunty of Sntte be authorized to szgn, and the
County Clerk thereof be authorized to attest, 'that certain agres-
ment employing the said STURGIS, DEN-DULK, DOUGLASS & ANDERSON as.
Special Bond Counsel ~o do and perform the services therein set forth
and upon thE compensation therein provided for.
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I AEREBY CERTIFY that the foregoing resolution was duly
and regularly adopted by the Board of 5upervisors of the County ot
ButY.e, State of Calzfornia, at a regular meeting thereo£, held on
the 14~.h day of becember, 1971, by the following vote, to wit:
AY~S: Supervisors Gilman, Madigan, Maxon, McKillop and Chairman Reynolds
NOES: Supervisors None
ABSENT: Supervisors None
CLARK A. NEL54N, County Clerk,
County of Butte, State of Cali~ornia
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~JRIG~NAI
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A G R E E M~ N T
THIS AGREEi~ENT, made and entered into this 14th day of
December, 1971, by and between the COUNTY OF BUTTE, a political
subdivision of the State of Ca~ifornia, hereinafter called First
Party, and STURGIS, DEN-DULK, DOUGLASS & ANDERSON, Attorneys at Law,
Special Band Counsel, hereinafter called Second Party;
W i T N E S S E T~T:
That for and zn consideration of the mutuai covenants and
agreements herein contained, the parties hereto agree as fol~ows:
l. First Party proposes to initia~e proceedings £or the
improvements and acquisitions in Paradise Pines Country Club Estates
Unit No. 4 Assessment Distric~, But~e County, California.
2. F.irst Party hereby employs Second Partiy as Special
Bond Counsel and Second Party hereby agrees to accept saic3 employment
by First Party a.n said proceedinas. Said services shall include
the following:
a. 5uch preliminary consultations and advice as are
necessary wi.t}~ First Party officials, or First
Party officials and grotzps not comprised of First
Party official.s, to determine the best proceedings
to be taken and what dis~rict is to be formed;
b. Preparation nf any and all proceedings £rom the
time of commencement of formal proceedings by
petition or action ot ~he governing body of
First Party through to consummation of ~he pro-
ceedings and sale ot the special assessment bonds
which may be issued in connecti.on with said
proceedings;
c. Complete supervision of all stages of the pro-
ceedings and attendance at such public and pri-
vate meetings as axe necessary to carry the
project through to camplet~on;
d. Second Party is to be avazl.able £or consulta--
tion by First Party officials, groups and/or
individuals for informatian and consultation with
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~?RIGINAL
relation to.such proceedings by tieiephone or
otherwise if it can be arranged;
e. Second Party agrees that there shall be included .
in the amount of the fee provided to be paid ~
opinion to the purchaser ar purchasers o€ bonds
which may be issued in the proceedings. ~
3. The fee provided for herein does not include out-of-
pocket expenses of Secand Party for transportation, communication
or othex out-of-pocket expenses, or for any services in connection
with litigatxon.
4. Second Party shall receiv~ as campensation for the
services herein agreed to be provided the sum of three pes cent (3~)
of the project costs. "Project Cost" is defined to include construc-
tion costs, acguisition costs, utility deposits and contingency funds
as shown on the fina~ ~ngineer's Report and Estimate of Cost approved
by First Party and on file in the proceedings at ~he time of con-
firmation of the assessment district. "Project Costi" shall not include:
(a} Incidental expenses;
(b) The amount af any bond discount. In no event shall
said compensation be less than $i,500.00.
Said compensa~ion shall be gayable from the proceeds of
assessments ~evied in said proceedings based upon the figures en-
umerated above and sha1l be payable upon zeveipt of money from the
proceeds of assessments levied.
5. The fee herein provided for shall not include any services
in connection with acquisition o£ rights-of-way or prnceedings in
eminent domain. Any services rendered by Second Party in connection
with the acquisitzan of land €or rights-o~-way or eminent domain
proceedings, inCluding ali costs in connection with such acquisi~ions,
shall be paid for in addition to fees herein provided for, and shall
be payable in the same manner as other fees.
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6. Second Party certi€ies that it has no interest,
either direct or indirect, in any property or matter involved in
the proceedings referred to in this contract other than the fees
herein specified and for the pazposes herein specified.
Said Second Party ~ur~her certifies that it represents
no progerty owner within the boundaries of said proposed assessment
district £or any purpose, directly or indirectly, other than the
services rendered as Special Bond Counsel, in accordance with the
terms of this contract.
7. In the event said proceedings are not carrxed ~hrough
~o conclusion, or shall be abandoned, then Second Party shall seceive
nothing.
IN WITN~SS WAEREOF, the parties hereto have hexeun~o sub-
sc~ibed ~heir names, First Party by the Chairman 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 BOTTE, a po~ztical subdivision
' of the State of California
B ~
Chairman - Board of Supervisors
ATT~ST;
CT,ARK A. NELSON, County _Clexk
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• "First Farty
S~'URGIS, DEN-DUI,K, DOUGLASS .& ANDERSON
Special Bond Counsel
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B Cs~.~ ' L _
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"Second Party"
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