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HomeMy WebLinkAbout77-032~.,L<..~„~,< ~ ~~~ ~ l 2 3 '.4 5 8 7 8 9 10 II 12 13 I4 15 16 17 is ~s 20 2I 22 23 24 2S 26 ,. COUNTY OF BUTT~ BOARA 0~' SUPERV~SORS IiE507~UT~DN R~ PARKING IN C~1~iTER 4F SKYWAY Di7RTNG SNOWPZOWING SEASON R~SO~ITT~ON N0. 77-32 TH~ BUTT~ COT.INTY BOARA OF SUPERV~SORS does xesol.ve that parking is~, a~lowed in ~he center of the Skyway at Stirling Ci~y be~ween Quartz and Gypsnm during snowp7,owing seasan when approved by ~he Di.rector o~ Publzc Warks and whex~. sa si.gnedo _ PASSED ,ANb ADbPT~D THYS 22nd day of ~'ebruar3' , 1977, by ~he ~o3.lowing vo~e: AYES:Supervisors ~emke, Madigan, Moseley, T~.ns~on and Chairman RY.chter NO~S : N~z~e ABS~N'~': None NOT VOTING: None A~~EST: C1ark Nelson, County Glerk ~~ ~ C~.e~k/Beputy ~~-a~~i~~ CY-air~nan, Board of Supervisors County ot Butte - . A G R E E M E N T THTS AGREEMENT~ made and en~ered into this ~st day of March,1977, by and betwe~n the COUNTY OF BUTTE, ~ political subdivision of the State of Cali£ornia, F~rst Party, and STURGIS, NESS & BRUNSELL a profess~onal co~poration, Attorneys at Law, Second Party: W T T N E S S E T H: Tha~ ~or and in conside~ation of the mutual covenants hezein contained, the~parties hereto ag~ee as follaws: . ~. First Party p~oposes ta initiate special assessment pra- ceedings far the ~mprovements and acquisit~ons to be made in•Meyers S~reet Assessment District No. 1, County of Butte, S~ate of Califoxnia. . 2. First Party hereby employs STURG~S, NESS & BRUNSELL a pro- fessional corporatian, Second Party and Second Party hereby agr~es to accept empioyment by Fi~st Party as SpeciaZ Bond Counsel far said proW ce~dings. Said services~shal~ includ~ the fo~lowing: a. Preparatian of al~ resolutions, notices and o~her paper~, documen~s and proceedings required by ~he provis~o~s o£ the Specia~ Assessment Investigation, Limi~ation and Ma~or~ty Protest Act of 1931 0~ the Sta~e ot Cali~ornia; b. Prepa~ation af alI resolutions, not~ces and o~her pape~s and proce~aings required by the pro~isions of the "Im~ provemen~ Act of ~911" in carrying through the praceed~ngs for the work contemplat~d; c. Furnishing af opinion ta the contracto~ performing said work and improvemen~, or his assigns; opxnion on the validity of the contract; opinion on the validity of the assessment, warrant and dzagram; and opinion an the validity o~ ~he bonds if, when and as is,sued; d. Supervis~on and direction of aI~ legaZ s~eps taken or required to be ~aken by ~he First Pa~~y. or ~ts officers, agents or employees ~n connection w~th said work and impronement; -1- e. Rendition of genera~ consuZtation and advic~ to First Party, its of~icers and employees, with respect to the planning, preparation, handling., proce5sing and comple- tian of a11 phases a£ the a~oresaid improvement proceedings. f. Attendance at such canfe~ences and public meetings in the Co~n.ty of B~tte as may be ~easonably necessary to perfo~m this con~~act of employment. Prepara~ion a~ proceedangs, notices and other papers sha~1 not include preparation of duplxcate copi~s which might be required ~or no~ic~s to p~operty owners or otherwise, nor sha~~ it include any work in cannection with the addressing of envelopes or other cle~ical work ~n connec~ion with supplying or mai~ing notices to prope~.ty own~rs. Any such clerical services wh~ch may be rendered by said Second Party at the request of eithez ~he First Party or its agen~s, o~f~cers or employees, and which the said Second Party is able to do, wil~ be charged for on ~he basis o~ cos~ plus reasonab~e compensation ~he~e£ar. 3, Second Party shall receive as compensation £or the dfling and per~orzYiar~ce of said work the sum o~ three per cen~ (3b) of tha cost of the work and acquisitions to be made, if any, but in no event less than the~ sum of $1,5~0.00. Tncidental cos~s and expenses incurred ~n connec~ion with ~he proceed~.ngs shaZl.not be included in determining the amount o~ the cost of the work as tha~ term a.s used h~rein. 4ut- ot-pocket, communication, ~ransportation and other cos~s incurred as incid~n~a~. expenses in accordance with-the provisions of the "Improve- ment Act of 191Z° shall be paid in addition there~o as part of ~he incidenta]. expenses. 4. Said compensati~n shall be paid to Second Party as follows: _~_ • a. Eighty per cent (8~~) th~~eo~ at the t~me a~ signing the contract w~th ~the contractor who may be awarded said contract by the First Party. b. The balance ~hereaf a~ ~he ~~me o~ recording the war~ant, diagram and assessment. 5. The campensation hereinabove provided fa~ sha11 not znclud~ any 5ervices in connec~ion w~th the acquisi~ion.o~ easemen~s or ~ights-of-way, nor for any sarvices in lztigation. ~f the services of Second Party shal~ be ~equired by First Pa~~y in'connectio~ with the acquisition of easements ar rights-af-way litigation, ~he compensation o~ Second Party shai~ he ~he reasonab~e value thereo~ and the costs in- c~den~al ~hereto. Any such costs and compensation shaZl be included as as a par~ of the incidenta~ expenses of the pzoce~dings. 6. ~n the event said proceedings are not carried through to conc~us~on, or shall be abandoned, then Secand Party shall rec~ive nothing, • IN WITNESS WHEREOF, the parties have hereunto subscribed the~r names, First Party by ~he Chaiarnaan af its Board af Supervisors, attested there~o by the Caunty Clerk, the day and year in~this agrEement first ~~ above wr~tten. COUNTY.OF BUTTE, a political. subdivision ~ of the State of Ca].ifo~ia By i'~~ ATTEST: ~t ~ - .- County C].~rk "Fi~st Party" STURGIS, NESS & BRUNSELL a professional corpora~ion By "Second Party" ~ -3-