HomeMy WebLinkAboutCC Resolution 8777 (Legal Services)RESOLUTION NO. 8777
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
COMMUNITY FACILITIES DISTRICT NO. 1992-1
(LOCH LOMOND #10), CITY OF SAN RAFAEL,
COUNTY OF MARIN, STATE OF CALIFORNIA
The City Council of the City of San Rafael resolves:
This Council approves that certain agreement between the
CITY OF SAN RAFAEL and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, for services of that firm as Special
Counsel for Community Facilities District No. 1992-1 (Loch Lomond
110), City of San Rafael, County of Marin, State of California,
dated November 2, 1992, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
City Clerk is authorized to attest its execution.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 2nd day of November, 1992, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
JE M. 1NCf?NI, City Clerk
ORIGINAL
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AGREEMENT FOR LEGAL SERVICES
COMMUNITY FACILITIES DISTRICT NO. 1992-1
(LOCH LOMOND #10), CITY OF SAN RAFAEL,
COUNTY OF MARIN, STATE OF CALIFORNIA
This is an agreement for legal services between the CITY
OF SAN RAFAEL, County of Marin, 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 formation of
Community Facilities District No. 1992-1 (Loch Lomond #10)
financing:
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents required by the laws
governing the district.
(b) 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 the method
of allocation of the special tax.
(d) Attendance at all public hearings held in the
furtherance of the financing (including continuances
of the hearings, if any).
(e) Attendance at all other public meetings of Client at
which matters relating to the financing are
considered, except routine matters.
(f) Attendance at staff meetings or meetings of
interested citizens, upon the request of the Client,
after reasonable notice.
(g) Telephone consultation with staff members and
interested citizens to answer legal questions about
the proceedings.
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(h) Coordination with the appropriate office in the
scheduling and conduct of the election.
(i) Preparation of a transcript of the legal proceedings
in loose-leaf form for the use of the Client.
(j) Bond Counsel shall confer and consult with City
officials with regard to problems which may arise
during the period of services and the levy and
collection of the special tax. If any such problems
are extensive, and not of Bond Counsel's making,
Bond Counsel may be entitled to additional
compensation at an hourly rate to be negotiated in
the event.
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
written agreement.
3. In consideration of the services set forth in
paragraph 1, Client shall pay to Bond Counsel a legal fee of
$5,000.00 upon completion of the election.
4. Bond Counsel certifies that it has no interest,
either direct or contingent, in any property or contract arising
from or affected by the proposed financing, except as Bond Counsel
under this agreement. Bond Counsel does not represent any owner of
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property within the city limits of Client, and has not received a
fee from any source for services connected with the project.
DATED: November 2, 1992
ATTEST:
By
City Clerk
CITY OF SAN RAFAEL, a municipal
corporation
By
Mayor
STURGIS, NESS, BRUNSELL & SPERRY
a profess'onal corporation
By
Daniel C. Bort
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