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Home My WebLink About81-149RESOLUT~ON N~. g1-149 _ RESOLUTION APPROV~NG AGREEA'lENT FOR LEGAL SERVZCES WOODR~DGE RANCH ESTATES AS~ESSMENT DISTRICT The Board of Supervisors of~ the County of ~utte resol,ves: This Board approves that certain ag~eement between ~he Caunty of Butte and STURGZS, NESS, BRUNSELL & SPERRY a p~of~ssional corporation, foz serv~ces of that fi~tn as Spec.iaJ. Bond Couns~l ~or Woodridge Ranch Estates Assessment District, Butte County, Ca~i- £ornza, dated June 30, 1981, and attached to th~.s resolution. The Cha~.~man of the Board o~ 5~.pervisors is authorized to sign the agreement and ~he County Clerk is authorized to attest its axecution. * * ~ • ~ I HEREBY CERTTFY tha~ the ~oregoi.ng resolution was duly and regu].arly adopted by ~h~ Boa~d of Supervisors of the County of B~,tte, Sta~te o~ Cali~arni.a, at a reg~.lar meeting thereof, held on the 30th day af June, ].981, by the ~ollowing vate, to wit: AYES : St~perV~.sox's Saraceni, Wheeler and Chairman Mosele N~ES : Supez'visors None ABSENT: 5upezvisoxs Dalan and Lemke CLARK A. NELSON, Caun~.y Clerk, County of Sutte, State of Cali~ornia By ~ ~N~ ~!~ IJVQL~ ~c~ ~ .....__... - _............ AGREEMENT FOR LEGAL SERV~CES W~ODRTDGE RANCH ESTATES ASSESST~NT DZSTRICT . .. ~ . . ~. This is an ag~ee~nent for legal services between the Caunty of Butte, a political. subdivisian of the State of Cali- forna.a, refe~red to~as Client, and 5TURGZS, NESS, BRUNSELL & SPE~RRY a protessiona~ corpo~atian, Attorneys at Law, Emeryville, California, re~erxed to as Bond Counsel. l. Client reta~.ns Bond Counsel as specia~. counse~. to per- fa~m the followin.g ~egal se~vices relata.ng to Wood~idga Ranch Estates Assessment District, Butte County, Cal.ifornia: (a} Preparation of alI forms of resol~tions, notices, affidavits, and othe~ docurnents xegu,ired by the Muna.c~,pa1 ~mp~ovem~n~ Act o~ 1913, ~nc~.txding the legal format af the enginee~'s ~epor~ required by Section 1.0204. _(b) The preparatian o~ written instruc~ions to.C].i~nt's Clex~k and athe~ staff inexnbers concern~ng the perform- ance of ~.egally-~equired d~.ties. (c) Review of documents prepa~ed by Client's eng~neering staff oz consulting engineers, including boundary map, assessment da.agram, assessment rall, and the general provisions of construction specifications. {d~ Attendanc~ at the public hearing on the engineer's report (including continuances o~ the hearing, ~~ any) . (e~ Attendance a~ a7.~. other pu.blic me~~~.ngs of Client at wh~.ch ma~~~rs xelat~.ng to the assessment d~.strict are considered, except routine matters. ~ (f) At~endance at staff ineet~.ngs or meetings of pro- p~rty owners, upon the reauest o~ the Client, after reasonable notice. [g) Telephone consultation w~th sta~f inembers and property owners to answer Zega~. questions about the assessinent ~ proceedings. {h~ Preparatxon of the no~i.ce inviting bids and construc- tion can~ract, i~ required, and rev~ew of contract bonds and insurance documents. -1- (i) Arrangements ~or the prxnting of improvement bonds ~o represent unpaid assessments, includxng the print- ing o~ a band r~gister and, if required, assessment installment notices. (j) The preparation of a record o~ assessment insta~l- ments for the u~e o~ th~ County Auditar, if required. . (k) Arrangements for the sale of impxovement bonds either by negotxation or by p~blic bid, at ~h~ option of C~ient, inc~uding a review of financia~ disclosuze requirem~nts and, i~ required, the preparation af the notic~ invit- ing bond bids. (1) The preparation af bond delivery documents. (m} The rendit~on o~ a legal opinion on the validity of the improvement bonds and ~he proceedings ~ead~ng to their issuance. 2. ~he services of Bond Counsel under this agreement shal~ not include the fo~low~ng: (~} Lega1 services in connectzan with the acqui- s~t~on o~ in~erests in rea~ prpper~y, Either through negotiation or through exercise a~ the power of eminen~ domain. (b) Lega~ sexvzces in connection with ~~~igation. The pex~ormance by Bond Counsel nf services exc~uded by th~s paragraph, if required by C~ient, sha~l be ~nder separate oral o~ writ~en agreement. 3. ~n consideration of the serv~ces s~t forth in para- graph l, Client sha11 pay to Bond Counsel the foZlowing ~ee and costs: (a} The legaZ fee of Bond Counsel shall be a sca~ed p~~centage of the project cost set farth in the engineer's ~eport as f~nally approved unde~ Section ~0312 of the S~reets and H~ghways Code. The "project cost" sha~l be deemed ~o ~nc~~de es~imat~d constr~ction cost, estimated or actual paymen~ for the acquisition of existing imp~ave- ments and real property, payments to other pub~~c agenc~es or utilities, capaci~y eharges, and contingency amounts. The "project cost" sha11 be deemed ~o exclude engineering, legal, right- o~~way and o~her cons~lting or p~afessional fe~s, inspection £ees, bond printing cos~s, al~owance for selling ~mprovement bonds at a discount, and any other incidental expenses of the project. -2- (b) The ~egal fee shall be an amount equal to three percent (3~) o~ that portion of pro- ject cast nat exceeding $1 mil~ion, plus twa percent (2$) of that poxtion af praject cost exceeding $1 million but no~ exceeding $2 million, p~us one percent {1~} o~ that portion of pro- . ject cos~ exceeding $2 millzon. The fee shall not be less than $1,500. (c} Costs sha11 be reimburs~d to Sond Counsel as follows: 1} The cost of transporta~ian. 2) The cost of prepaxing auditor's record, if required: 7 cents pe~ assessment fo~ each year of the bond issue, w~th a minimum of $30.00. 3) The cost o~ long distance te~ephone calls: a~ billed cos~. 4} The cost of phatocopying: 10 cents per sheet. Th~ cost of other sexvices ~o~ which Bond Counse~ makes arrangements under this agreement (such as bond printing cos~s) shall be b~~led ~o the Client and sha11 be pazd by C1ien~ direetly to the payee. (d) Payment by Client af ~he lega~ fee is contin- gent upon ~he levy of assessments and ~he sale and de~~very of improvement bonds representing unpazd assessments in the assessment distric~. xf for any reasan, assessments are not con~irmed and bonds delivered, Bond Caunse~ shal~ be paid no ~egal fee. Bo~h ~he 1ega1 ~ee and costs are payab~e upon de~ivery o~ the bonds. 4. Bond Counse~ c~rtzfies that it has no interest, either direct or cant~ngent, ~n any property or aon~~act arising from or aff~cted by the assessm~nt district, except as Bond Counsel under this agreement. Bond Counsel does not ~epresent any owner af pr~p~rty -3- :.. _ . _ _ ..... ....... . . 1 within the proposed boundaries of ~his assessment district, and has n~t received a fee from any source far se~vices cannec~ed with ~he project. DATED:~ June 30, 19$1~ COUNTY OF BUTTE, a political subdivision of the State of Calx~ornia By ATTEST: CLARK A. L , Co~~ty Clerk By ~ ' Clien~ STURGTS, NESS, BRUN5ELL & SPERRY a pra~essional aorporation By -~-