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Home My WebLink About81-203RE50LUTrON NO. 81-2Q3 RES4LUTION APPROV~NG AGREE?,+IENT FOR LEGAL SERVICES LAKER~DGE V~LLAGE ASSESSMENT D~STRICT The Board of Superviso~s of the County of ~utte resalves: This Board a~proves that ceztain agreement betvaeer~ the Coun~y o~ Butte and St~.rgis, Ness, Brunsell.' & Sperry a pra~essional corporation, for services of that firm as Special Band Counsei for Lakeridge Villag~ Assessment D~.strict, County of Butte, State~of Qalifornia, dated Se tember 1].981 and a~tached ~o this resalution. . The Chairman of the Boaxd o~' Superv~.sors is author~.zed to sign the ag~eement and the Caunty Clerk is authorized to attest i~s execution. ~~ * * 1 HEREBY CERTIFY that the foregaing resalution was duly and regularly adopted by the Board af Superviso~s o~ the County a~ B~tte, State of California, at a xegu~.ax rzeeting ~hereof, held on th~ lst day of S~ptember, 1981, by the ~o~.lowing vote, to wit: AYES: Supe~'Vi5o~'s Dolan, Saraceni, Wl~ee~er and Cha~rman Moseley NOES: Supervisors None AB SENT : Supezvi sons ~ Leu~ke CLARK A. NELSON, County Clerk, Co~.nty of But~e, Sta~~ of Calzfoxnia ~ By `~W~~~uVQ~ AGREEMENT FOR LEGAL SERVICES ~;.7~KER~DGE .V~LLAGE ASSESSMENT DISTR~CT This i.s an agreement for 1ega1 services between th~ County of Butte, a political subdivision o~ the State of Caxa.- tornia, referred to as Clien~, and STURGIS, NESS, BRUNSELL & SPERRY a professiana~ corporation, Attorneys at Law, Emeryvill.~, Ca].i~o~na.a, referred to as Bond Counsel.. I.. Client retains Bond Counsel as speca.al counsel to per- for~- the following legal serva.ces re~ating to Lakeridge Village Assessmen~ District, County of But~e,'sta~e a£ Cali~ornia. (a) Prepaxation of a~l forms of resolutions, no~ices, affidavits, and other documents ~equ~red by the M~.nicipal Improvement Act of 1913, including the legal format o~ the eng~.neer's report reguir~d by Sec~ion 102Q4. (b) The preparation of written instr~c~ions td Client's ~ Clerk and other staff inembezs can.cern~ng the perform- ance of ~ega~.ly-required duties. (c) Review of doc-~ments p~epared by Client's en.gineering s~a~f or consulting engineers, including boundary rnap, assessmen~ diagram, assessment ro13., and the general pravisions of construc~ion 5peca.fa.cat~ons. (d) Attendance at the public hearing on the engineer's repart (inc~uding can~inuances o~ the hearing, if any) . (~~ Attendance at al~ other p~blic ~neetings of C1.ient at which ma~ters relat~ng to the assessment distra.ct are considered, except routine ma~te~s. (~) Attendanc~ a~ sta~~ meetings or mee~~ngs of pro-- perty owners, upon the request o~ the C1~,ent, af~er reasanable nota.ce. (g) Te~.ephone consultation wi~h staff ine~bers and prope~ty owners to answe~- 1.ega~ ques~a.ans about the assessment proceedings. ~h~ Preparation of the nota.ce inviting ba.ds and cans~ruc- tion contract, if requ~.red, and revzew of contrac~. bonds and insurance documents. -1-- ~W~~I]ll\]W~ (i} Ar~angeme~ts for the printing of improvement b'onds to represent unpaid assessments, including ~he print- ing o~ a bond regi~~er and, if required, assessment ~nsta~lmen~ no~zces. (j) The preparation o~ a record of assessment install- ments far the use of ~the Coun~y Audito~, i~ ~equired. _ {k) Arrangements for the sale o~ improvement bonds ~ither by negotiation or by public hid, at the option of CZ~en~, including a review o~ financ~al disclosu~e requirements and, i~ requ~red, the preparation af the not~ce invit-. ing bond bids. (1) The preparation of bond delivery documents. (m) The rendit~on ot a lega~ opiniQn on the validity of the improvement bonds and th~ p~aceedings leading to their issuanc~. 2. The sezv~ces o~ Bond Counse~ under this agreement sha~l nat include the fol~o~xng: (a) Lega~ services in connection with ~he acqui- sition of interests in rea~ property, either through negot~ation or th~o~gh exe~cise of tha pow~r o~ eminent doma~n. {b) Legal services ~n connection with litigatian. The performance by Bond~Counsel of 5E~V1C@S exc~ud~d by this paragraph, if required by Client, shall be under separate oral ox written ag~eement. 3. ~n consideration of the services set forth in para- graph l, CZien~ sha~l pay to Bond Counse~ the fo~lowing f~e and costs: (a) The legal fe~ of Bond Counsel shall be a scaled percentage o~ the project cost set forth in ~he eng~neer's repoxt as finally approved under Section 1a312 of the S~reets and Hzghways Code. The "project cos~" shall be deemed to include est~mated constr~ction cost, estimated or actual payment for th~ acquisition of existing improve- men~s and real property, payments to other public agencies or uti~itzes, capacity charges, and contingancy amounts. The "project cast" sha~] b~ deemed to exclude engin~~ring, legal, righ~- of-way and o~her consu~ting or pro~~ss~onal ~ees, in~pectivn fees, bond printing cas~s, ~iiow~~C~ fo~ selling improvement bonds at a discount, and any other incide~tal expenses of ~he projec~. -2- {b) The lega~ fee shall be an amount equal to three p~rcent (3~) of that por~ion of pro- ject cost not exceeding $~ m~l~ion, plus two percent (2$) o~ tha~ portion of project cost exceed~ng $1 million but not exceeding $2 mil~ian, plus on~ percent (l~} of that por~ion of pro- . jec~ cost exceeding $2 million. The ~ee sha~l not be less than $1,~00. (c) Casts sha~l be reimbursed to Bond Counsel as fo~~ows: ~ ~) The cost of 2) The cast o~ required: 7 year o£ the ~3Q.OQ. 3} The cost of at billed c~ transportation. pr~paring auditor's ~ecord, i~ cen~s per assessment for each bond issue, with a minxmum of long distance te~ephone ~aii5: ~5t. 4} The cost of phatocapying: IO cents p~~ sheet. The cost of other servzces for which Bond Counse~ mak~s axrangements under ~his agreement (such as bond printing.costs) shall be bi~led ~o ~he C~ien~ and shall b~ paid by C1i~nt direet~y to the payee. {d) Payment by Client of the lega~ fee is cont~n- gent upon the levy of assessments and the sa~e and del~very of improvement bonds represenfing unpaid assessments in ~he assessm~nt dist~ict, Tf for any reason, assessments are not conf~rmed and bonds del~vexed, Bond Counsel shall be paid no Zegal fee. Both ~he lega~ £ee and costs are payab~e upon d~livery o~ the bonds. 4. Bond Caunse~ certifies that zt has no inter~st, either dir~ct ox contingen~, in any property or contrac~ arising ~rom or affected by the assessmen~ district, except as Bond Counse~ under this ag~~ement. Band Cauns~l does not represent any owner of property -3- within ~he proposed boundaries of this assessment district, and has not received a fee f~om any source for services cannected with the project. DATED: ~eptember 1, 1981 COUNTY OF BUTTE, a polxtxcal subdivis~on af the State of Califo~nia By ATTEST: CLARK SON, Coun~y Clerk By ~ Client STURGIS, NESS, BRUNSELL & SPERRY a professional corporation By _4_ BOrid COUnS~l