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Home My WebLink About80-160RESOLUT~ON N0. SO-160 RE50LUT~ON APPROVING AGREEMENT FOR LEGAL SERVICES EAST RxDGE ASSESSMENT bISTR~CT The Boa~d af Supervisors af the Coun~y of Butte resolves: This Boa.rd approves that c~rtain agreement bet~reen ~he Coun~ty of Butte and STURGIS, NESS, BRUNSEL~ & SPERRY a p~ofessionaZ corpo~ation, ~or services of ~hat firm as Special Bon:d Counsel for East Ridge`Assessment Distric~, County of Butte, State of Ca~ifornia, dated July 29, ~.980, and attached. ta this resolutian. The Chairman of the Board ot Supervzsars is a~tharized ~.o sign the agxeemen.t and the County Cle~rk is a:utharized ~o attest zts executaon. ~ * ~ ~ H~REBY C~RTIFY that the foregozng resolution was du~y and ~'egularly adopted by the Board of Superv.isors af the County of Sutte, State of Ca.~i~ornia,.at a regular meeting thereof, held on the 29th day of July, 1980. AYES : SupervisO~s^ DoZan, Mose ,~. WY~~e1er ~ Wi_nsron ancl ('.hati ~man 7.~~ __ NOES: Supervisors None ABSENT: Supervisors None CLARK A. N~LSpN, County C~erk, County of Bu~te, Sta~e, of Cali~ox~n.ia o~~~~~a~ AGREEMENT FOR LEGAL SERVZCES EAST RTDGE ASSESSMENT DISTRICT This is an agreemen~ far legal services between the Caunty of Butte, a pal~tical subdivision of the State o~ Cali- ~ornza, xe~err~d ~a as Clien~, and STURG~S, NESS, BRUNSELL & SPERRY a professiona~ corporation, Attorneys at Law, Emeryville, Californza, referred to as Bond Counse~. 1. Client retains Bond Counsel as special counsei to per- form the fo~lowing 1egaZ services re~ating ~o East Ridge Assessment District: (a) P~eparation of all forms of resolutions, no~ices, a~fzdavits, an~ other documents required by the Municipal Improvement Act o~ ~9~3, including the l~ga~ fo~ma~ af the engineerts report required by Section 10204. {b). The p~eparation of written instructzons ~o Client's Glerk and other staf~ meinb~rs concerning the per~orm- ance o~ 1egal~y-zequized duties. (c) Review of docum~n~s p~epared by Client's engineer~ng staff or cansulting engineers, ~ncluding boundary map, ass~ssment diagram, assessment roll, and the general provisions of construction specifica~ions. ~d~ Attendance at the public hearing on the ~ngineer's r~port (including continuances of the hearing, i~ any). ' (e~ Attendance at all other pub~ic meetings of Client at which matte~s xelating to the assessment dist~ict are cansidered, except routine matters. - (f) At~endance a~ staf~ mee~ings or meetings of pro- perty owners, ~pon the requESt o~ the C~ient, a~ter reasonable notzce. (g) Telephone consu~tation w~th sta~£ members and property owners to answer Zega~ questions about the assessment _ proceedings. ~ {h1 Preparation of the notice ~nviting bids and construc~ tion contrac~, if required, a~d review of contract ~ bonds and insurance documents. ~~~ OW~~u~VW~ (i) Arrang~ments for the printing o£ improvement bonds to rep~esent unpaid assessments, inc~uding the print- ing ot a band regis~er and, ~f required, asse5sment ~nstallment not~ces. (j) The preparation of a xecord o~ assessment install- ments ~or the use o~ the County Auditor, i~ req~ired. (k) Arrangements for ~he sale of improvement bonds either by n~gotiation or by p~b~ic bid, at the option of Client, ~nclud~ng a review af financial disclosuxa zequ~rements and, i~ requized, the preparation of the notice znvit~ ing bond bids. (1) The prepara~ion of bond del~very documents. (m} The rendition of a lega~ opinion on the valid~ty of the imp~ovement bonds and the proceedings leading to their issuance. 2. The serv~ces of Bond Counse~ under this agreement shall nat include the fo~lawing: (a) Lega1 services zn connectzon w~~h the acqui- sit~on af interests ~n real property, e~ther through negotiation ar through ~xercise of the power af eminent domain. (b) Lega1 s~rvices in connection with litigation. The per~ormance by Bond Co~nsel of services exc~uded by this paragraph, if xequired by Client, sha11 be under sepa~ate oral or wrzt~en agreemen~. 3. ~n cons~dE~ation of the serv~ces set ~orth in para~ g~aph l, Client sha~l pay ta Bond Caunsel the fo~lawing fee and cos~s: (a) The legal fee of Bond Counsel shal~ be a scaled percen~age of the project cost s~t forth in the engineer's report as fina~ly approved under Sec~ion 103i2 ot the Streets and Highways Code. The "project cost" sha~l be deemed to include es~imated construct~on cost, estimated or actual payment for the acquisition of exist~ng improv~- ments and real property, payments to ather pubZ~c ag~ncies or utz~ities, capacity cha~ges, and co~tingency amounts. The "pxoject cost" shal: be deemed to exc~ud~ eng~neering, ~ega1, right~ af~way and other consulting or pro~essional ~e~s, inspection fees, bond prin~ing casts, allowance for selLing impravement bonds at a discaun~, and any other inczdental expenses o~ the project. _2_ (b} The legal ~ee shall be an amoun~ equal to ~hree percen~ (30) o~ that portion of pro- ~ ject cost not exceeding $1 m~Ilion, plus twa percent (2g} o~ that partion of project cost exceeding $~ million bu~ not exceeding $2 milZion, plus one percent (l~) of ~ha~ portion of pro- ject cost exceeding $2 mil~ion. The fee shall not be less than $~,500. ~ (c} Costs shall be ~eimbursed to Bond Couns~~ as follows: 1) The cast of transportation. 2) The cost of pxeparing auditor's record, if required: 7 cents per assessment ~or each year af the bond issue, w~th a minimum of $30.00. 3) The cost of long distance telephone cal~s: at billed cast. . 4) The cost of photocopying: 10 cents per sheet. The cost of othe~ services for which Bond Counsel makes arrangements under this agreement (such as bond prin~ing cos~s) shall be bi~led to the Client and shall be paid by C~ient direct~y ~o the pay~~. (d) Payment by Client af the legal ~~e is contin- gent upon the ~evy of assessmen~s and the sale and delivery of improvement bonds represent~ng unpaid assessments ~n ~he assessm~n~ district. It ~or any reason, assessments are not con~irmed and bonds delivered, Sond Counsel shall be pazd no ~egal fee. Both ~he 1ega1 fee and costs are payab~e upon delivery of the bonds. 4. Bond Counsel C~rt1~1~5 that it has no inte~est, either d~rect ar contingent, in any property or con~ract a~ising from or affected by the assessment distr~ct, except as Bond CounseZ under this ag~eem~nt. Bond Counsel does not rep~esent any owne~ of prope~ty -3- withzn ~h~ p~opos~d boundaries of ~his assessment district, and has nat received a fee from any saurce ~or serv~ces connected with the pxoject. DATED: July 29, 19$Q COUNTY OF BUTTE, a political subdivision of the State of California ~ By ATTEST: CLARK . E N, County Clerk By C~ient sors STURGZS, NESS, BRUNSELL & SPERRY a prafessional corporation By Bond Counse~ -4-