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HomeMy WebLinkAboutReso. 1980 - 102 - Approving agreement for legal services - Lake Blvd Subdivision Unit 2 Assessment District no. 1980-4 . t - • III RESOLUTION NO. SQ-jU 7i RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES Lake Boulevard Subdivision Unit 4 Assessment District No. 1980-4 The City Council of the City of Redding resolves: This City Council approves that certain agreement between the City of Redding and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation, for services of that firm as Special Bond Counsel for Lake Boulevard Subdivision Unit 4 Assessment District No. 1980-4, City of Redding, Shasta County, California, dated May 19 , 1980, and attached to this resolution. The Mayor is authorized to sign the agreement and the City Clerk is authorized to attest its execution. * * * I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Redding, Shasta County, California, at a regular meeting thereof, held on the 19th day of May, 1980. AYES: Councilmembers Demsher, Gard, Kirkpatrick, and Pugh NOES: Councilmembers None ABSENT: Councilmembers Fulton MILDRED L. BRAYTON, City Clerk, City of Redding, Shasta County, Ca ifornia & 4.111/uLl or 4 v 00 z) • AGREEMENT FOR LEGAL SERVICES Lake Boulevard Subdivision Unit 4 Assessment District No. 1980-4 This is an agreement for legal services between the City of Redding, a municipal corporation of the State of California, referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY a professional cor- poration, 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 Lake Boulevard Subdivision Unit 4 Assessment District No. 1980-4. (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 10204 . (b) The preparation of written instructions to Client ' s Clerk and other staff members concerning the per- formance 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 reason- able notice . (g) Telephone consultation with staff members and property owners to answer legal questions about the assessment proceedings . -1- 411• (h) Preparation of the notice inviting bids and construc- tion contract, if required, and review of contract bonds and insurance documents . (i) Arrangements for the printing of improvement bonds to represent unpaid assessments, including the printing of a bond register and, if required, assessment install- ment notices. (j) The preparation of a record of assessment installments for the use of the County Auditor, if required. (k) Arrangements for the sale 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 bond 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 Bond Counsel under this agreement shall not include the following: (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 : (a) The legal fee of Bond Counsel shall be the sum of Six Thousand, Four Hundred Eighty Dollars ($6, 480. 00) -2- • • • (b) Costs shall be reimbursed to Bond Counsel as follows : 1) Cost of transportation. 2) The cost of preparing auditor' s record, if required; 7 cents per assessment for each year of 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: 10 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. (c) 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 . Bond 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 with- in the proposed boundaries of this assessment district, and has not re- ceived a fee from any source for services connecte• ' -- , the project. DATED: May 19, 1980 CITY OF DD corporation ATTEST: r " MILDRED L. BRAYTON, City Clerk _ e STURGIS, NESS , BRUNSELL & SPERRY ! / a professional corporation By / _/ 3-