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HomeMy WebLinkAbout84-040RESOLUTION N0. 84-40 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES COUNTY OF BUTTE, STATE OF CALIFORNIA ESPLANADE ASSESSMENT DISTRICT NO. 1 The Berard o£ Supervisors of the County of Butte resolves: This Board of Supervisors approves that certain agreement between the County of Butte and STURGIS, NESS, BRUNSELL & SPERR° a professional corporation, for services of that fixm as Special Bond Counsel for Esplanade Assessment District No. 1, County of Butte, State of California, dated March 6, 1984, and attached to this resolution. The Chairman is authorized to .sign the agreement and the Clerk of the Berard of Supervisors is authorized to attest its' execution. ~ ~ I HEREBY' CERTIFY' that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of.the County of Butte, State of California, at a regular meeting thereof, held on the 6th day of March, 1984, by the following vote, to wit: AYES: Supervisors Dolan, Fulton, Moseley, Tn~heeler and Chairman Saraceni NOES: Supervisors None ABSENT: Supervisors None MARTIN J. NICHOLS, Chief Administrative Officer :and Clerk of the Board, Butte County, alifornia By AGREEMENT FOR LEGAL SERVICES COUNTY OF BUTTE, STATE OF CALIFORNIA ESPLANADE ASSESSMENT DISTRICT NO. 1 This is an agreement for legal services between the County of Butte, a political subdivision of the State of California, referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation, Attorneys at Law, Emeryville, California, referred to as Bond Counsel. 1. Client retains Bond Counsel as special counsel to perform the following legal services relating to. Esplanade Assessment District No. 1, County of Butte, State of California. (a) Preparation of all forms of resolutions, notices, affidavits, and other documents required by the Municipal Improvement Act of 1913, including the legal format of the engineer's report required by Section 1020. (b} The preparation of written instructions to Client's Clerk and other staff members concerning the performance of legally-required duties. (c) Review of documents prepared by Client's engineering staff or consulting engineers, including boundary map, assessment diagram, assessment roll, and the general provisions of construction specifications. {d) Attendance at the public hearing on the engineer's report {including continuances of the hearing, if any) . (e) Attendance at all other public meetings of Client at which matters relating to the assessment district are considered, except routine matters. (f} Attendance at staff meetings or meetings of property owners, upon the request of the Client, after reasonable notice. (g} Telephone consultation with staff members and property owners to answer legal questions about the assessment proceedings. (h) Preparation of the notice inviting bids and construction contract, if required, and review of contract bonds and insurance documents. (i) Arrangements for the printing of improvement bands to represent unpaid assessments, including the printing of a bond register and, if required, assessment installment notices. (j) The preparation of a record of assessment installments for the use of the County Auditor, if required. (k) Arrangements for the safe of improvement bonds either by negotiation or by public bid, at the option of Client, including a review of financial disclosure requirements and, if required, the preparation of the notice inviting band bids. (1) The preparation of bond delivery documents. (m) The rendition of a legal opinion on the validity of the improvement bonds and the proceedings leading to their issuance. 2. The services of Band Counsel under this agreement shall not include the fallowing: (a) Legal services in connection with the acquisition of interests in real property, either through negotiation or through exercise of the power of eminent domain. (b) Legal services in connection with litigation. The performance by Bond Counsel of services excluded by this paragraph, if required by Client, shall be under separate oral or written agreement. 3. In consideration of the services set forth in paragraph 1, Client shall pay to Bond Counsel the following fee and costs: 2 (a) The legal fee of Bond Counsel shall be a scaled percentage of the amount assessed as set forth in the engineer's report as finally approved under Section 10312 of the Streets and Highways Code. (b) The legal fee shall be an amount equal to two and _ one-half percent (2-1/2~) of that portion of the amount assessed not exceeding $1 million, plus one percent {1$) of that portion of the amount assessed exceeding $1 million. The fee shall be not be less than $1,500. (c) Costs shall be reimbursed to Bond Counsel as follows: - 1) The cost of transportation, meals and lodging. 2) The cost of preparing auditor's record, if required: 7 cents per assessment for each year o£ the bond issue, with a minimum of $30.00. 3) The cost of long distance telephone calls: at billed cost. 4) The cost of photocopying: l0 cents per sheet. The cost of other services for which Bond Counsel makes arrangements under this agreement (such as bond printing costs) shall be billed to the Client and shall be paid by Client directly to the payee. (d) Payment by Client of the legal fee is contingent upon the levy of assessments and the sale and delivery of improvement bonds representing unpaid assessments in the assessment district. If for any reason, assessments are not confirmed and bonds delivered, Bond Counsel shall be paid no legal fee. Both the legal fee and costs are payable upon delivery of the bonds. 4. Sond Counsel certifies that it has no interest, either direct or contingent, in any property or contract arising from or affected by the assessment district, except as Bond Counsel. under this agreement. Bond Counsel does not represent any owner of property within the proposed boundaries of this assessment district, 3 and has not received a fee from any source for services connected with the project. DATED : March 6 , 1984 COUNTY OF BUTTE, a political subdivision of the State of California By Chairman, Board of Supervisors ATTEST: MARTIN J. NLCHOT~S Chief Administrative Officer and Clerk of the Board of Supervisors By: STURGIS, NESS, BRUNSELL & SPERRY a professional corporation By Robert Brunsell 4