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Home My WebLink About78-012. E '~" ' ~ x~~oLUTZo~ No. ~s-~.2 , RFSOLUT~ON APPROVT?~TG AGREEMEN'~' [~IOODR~DGF ASSESSn7ENT DISTRZCT ~eso7.ves : The Baard of Supervisors o~ the County of Butte This Board approves that c~rtai.n ag~eement betcve~n ~he County of Bu~te and STURGIS, N~SS & BRUNSELL a professional. corparation, tor services of ~.ha~ firm as Specia~. Bond Counse.~ for I^loodridge Assessment bis~rict, Coun~y a~ Butte, State o~ Ca~.iforn.i.a, dated the 2~4th day o~' January, 1978, and attached to this x'esa~ution. The Chairman of the ~3oard o~ Supervisors is authorized to sign the agreement and the Coun~y Clerk .is a.uthorized to attes~t i.ts execution. ~ * ~ I HEREBY CERTIFY that th~ ~oregoing resa~.ution wa5 dulv and regularly adopted by ~.he Board of Supervisors ot -~he County o~ But~e, State of California, at a regular zneetzng thereo~ held ~n the 24th day af January, 1978, by the fol~.nwing vo~e, ~o wit: AYES : Supervisors Z~~e, Mad~.gan, Moseley, Richter and Chaa.rn~an Winston NOES: Supervisors None ~ ,AB5ENT: Supervisors None CLARK 1~. NELSON, Caunty C1erk, County of But~e, S~ate ot Cal.ifornia ~ ,~4 ~~-~~-- -- - ~~~~ ~~~~ . _ ._ _ _ -- ._ _ . __. _ - _ _. ....._. T . :._ . . ~. . ~ z~ ~ - ~ A~ G R E E M E N T THTS AGREEMENT, made and en~exed znto this 24~h c~ay of January, J.978, by and between ~.he COUNTY OF BUTTE, a poli~ical subdivisian o~ th~ State of California, hereinafter cailed First Par~y, and STURGIS, NESS & BRUNSELL a professaona]. carporat~.on, At~orneys at Law, Special Bond Counsel, hereinafter ca1].ed 5ecand Party; W I T N E S S~ T H: Tha~ far and in cons~deration o~ the mutual covenants and agreements here3n contained, the paxt~.es hereta agree as fo~,loc,rs: 1. First Party proposes to ~.na.t~.ate proceedings for the a,mprovement~ and acquisitions a~n Woodra,dge Assessment District, Countv af ~utte, State of California. 2. Fi~rst Party hereby e~nploys S~cond Party as Special Bond Gounsel and Second ~arty hereby agrees to accept said em~~.ayment by First Pa~~y in said p~oceedings. Said services shal~ inciude the following: a. Such prel.iminary consu~tations and advice as are necessary with First Pa~ty afficia~s, or First Party o~f~.ci.aJ.s and groups not comp~ised o~ First Party offi.ci.a~.s, ~o determine the b~s~ proceedings to b~ taken and what d~.strict is to be ~ormed; b. Preparation of any and al~ proceedings f~om the time of commenceznent of farmal proceedings by petition or action o~ the governing body of Fa.rst Party through to consurnmatian of the prac~edings and sale o~ the special assessmen~ bonds which may be issued a.n connec~.ion wi~h said proceedings; co Completa supervision of aZ~. stages of ~he pro- ceedings and attendance at such pub~ic and private meetings as are necessary to carry the project through to comple~ion; d. Second Party is to be available for cansu~ta~.ion by First Party o~~icials, groups and/or individuals ~ox~ information and consultation with relation to ' such proceedings by telephone oa~ otherwise if it ~ can be arranged; -1-- ~ ~;~~ ~,`~ ~ ~~~~ ~~ _ ~ __ .._. - . ~ ......_._..._ , _. . _ ....~_.. ._~_.. . _ . _. _....... . _ ~. . . _... . e. Second Party agrees tha~ there wi7.1 be i.ncluded in the amount of the fee provided ~o be pai.d opinian to the purchaser or purchasers of bonds w~hich may b~ issued in the proceedings. 3. The ~e~ provided ~or herein does not include ou~-of-- pocket expenses o~' Second Party £or transportation, communication or othe~ out-of-pocket exp~nses, or far any services in cannec~ion with ].itigatican. 4. Second Party shall ~eceive as compensa~ion ~or ~he servic~s h~~~in agreed ~.o be pravided the stun of three per cen~ (30) of the project cos~s. "Project Cost" is def~ned to include construc-~ tion costs, acquisi~ion costs, u~ility deposits and con~ingency func~s as shown on the final Engineer's Report and Estimate of Cost approved by Fi~st Par~y and on fiZe in ~he pro~eedings at the time ot confirma-- tian af th~ assessment district. "Project Cos~" shall not include; {a) Incid~nta~. Expenses; (b) The amaunt of any bond discount. In no event shali said comp~nsation be less than $1,500.00. Said compensatian shall be gayab~.e ~rom the proceeds of assessments leviec~ in said proceedings based upon the ~igures e~urnerated above and shall be payabZe upon receip~ of money from ~he proceeds of assessments l.evied. 5. The fee herein provided ~or sha11 not ~nclude any services in connection with acquisition o£ rights-of-way.or proceedings in eminent domaine Any services rendered by Second Party in connectian with the acquisition o~ ~.and for rights-of.-way or er.tinent domain proceed- ings, including a~.1 cos~.s in connection wi~h such acquisitions, sha11 be _~_ r ~; ~paid for xn addition to ~~es herein provided ~or, and shal~ be payable in the same mann~r as othez ~ees. 6. Second Party certifies that it has no interest, either di~act or ind~xect, in any property or matter involved in ~he pro- ceedings refarred to in this con~ract ather than the fees herein speci~ied and for the puzpos~s herein specified. Said Second Party further ce~ti£ies that it ~epresen~s no property owne~ wi~hin the baundax~es of said proposed assess~ent d~strict for any purpase, directly or indirectly, other ~han the services rendered as Second Par~y, in accordance with the terms of this contract. 7. In the even~ said proc~edings are not carried through to conclusion, or shall be abandoned, ~hen Second Party shall reeeive nothing. IN WITNESS WHEREOF, th~ parti~s hereto have hereun~o sub- scribed their nam~s, Firs~ Party by the Chairman of the Board of 5upervisors, attes~ed by its County Cle~ ~he day~ and year in ~his agreement first abov~ written. ATTEST: CLARK A. NELSO:~T, County Cl.erk By ~~.~. . ~~. . . . . . OUNTY O T,~h~ po itica ubdivis ~ tl~e St e o~ aliforn [1 / By ~1" ~ Chai.rman, B d of Supervisors "First Party" STURG~S, NESS & BRUNSELL a profESSianal corporation Special Sond Co~nsel ~ By 1 -3- "Second Party" _. ..... __- - - -. _ _ ~._... - -..