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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 *RT77 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. iD)/ (C(ae (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 OA 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 3