HomeMy WebLinkAboutCC Resolution 8440 (Northgate Refunding Assessment District)RESOLUTION NO. 8440
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
CIVIC CENTER - NORTHGATE REFUNDING ASSESSMENT DISTRICT
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
Bond Counsel for Civic Center - Northgate Refunding Assessment
District, City of San Rafael, Marin County, California, dated
June 17, 1991, 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 17th day of June, 1991, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANN M. LEONCINI, City C er
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AGREEMENT FOR LEGAL SERVICES
CIVIC CENTER - NORTHGATE REFUNDING ASSESSMENT DISTRICT
CITY OF SAN RAFAEL
This is an agreement for legal services between the City of
San Rafael, a municipal corporation of the State of
California, referred to as City, and STURGIS, NESS, BRUNSELL &
SPERRY a professional corporation, Attorneys at Law, Emeryville,
California, referred to as Bond Counsel.
1. City retains Bond Counsel as special counsel to
perform the following legal services relating to Civic Center -
Northgate Refunding Assessment District, City of San Rafael, Marin
County, California.
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents required by the
Refunding Act of 1984 for 1915 Improvement Act
Bonds (the "Act"), including the legal format of
the engineer's report required by Section 9523.
(b) The preparation of written instructions to
City's Clerk and other staff members
concerning the performance of legally -required
duties.
(c) Review of documents prepared by City's
engineering staff or consulting engineers,
including reassessment diagram and reassessment
roll.
(d) Attendance at all public meetings of City at
which matters relating to the reassessment
district are considered, except routine matters.
(e) Attendance at staff meetings or meetings of
property owners, upon the request of the City,
after reasonable notice.
(f) Telephone consultation with staff members and property
owners to answer legal questions about the reassessment
proceedings.
(g) Arrangements for the printing of refunding bonds to
represent unpaid reassessments.
(h) The preparation of a record of assessment installments
for the use of the County Auditor, if required.
(i) Arrangements for the sale of refunding bonds either by
negotiation or by public bid, at the option of City,
including a review of financial disclosure requirements
and, if required, the preparation of the notice inviting
bond bids.
(j) The preparation of bond delivery documents.
(k) The rendition of a legal opinion on the validity of the
refunding bonds and the proceedings leading to their
issuance.
(1) Preparation of a transcript of the legal proceedings in
loose-leaf form for the use of the City.
(m) Preparation of the required reports to the California
Debt Advisory Commission (pursuant to Section 8855 et
seq. of the Government Code) and to the Internal Revenue
Service (pursuant to Section 149 of the Internal Revenue
Code of 1986).
(n) Preparation and execution of a program to
collect delinquent assessments on behalf of
City, including the filing and prosecution of
foreclosure actions in Superior Court in
connection therewith.
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 City, shall be under separate oral or
written agreement.
3. In consideration of the services set forth in
paragraph 1, City shall pay to Bond Counsel the following fee
and costs:
(a) The legal fee shall be an amount equal to one and one-
quarter percent (1 1/4%) of that portion of the amount
assessed not exceeding $1 million, plus one-half of one
percent (1/2%) of that portion of the amount assessed
exceeding $1 million.
(b) Costs shall be reimbursed to Bond Counsel as follows:
1) Filing and recording fees and publication costs
advanced on behalf of City.
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) Costs of Federal Express or similar delivery
service.
4) Cost of preparation of notices to
property owners.
The cost of other services for which Bond Counsel makes
arrangements under this agreement (such as bond printing costs)
shall be billed to the City and shall be paid by City directly to
the payee.
(c) Payment by City of the legal fee is contingent upon the
levy of reassessments and the sale and delivery of
improvement bonds representing unpaid reassessments in
the reassessment district. If for any reason,
reassessments 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
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affected by the reassessment district, except as Bond Counsel under
this agreement. Bond Counsel does not represent any owner of
property within the proposed boundaries of this reassessment
district, and has not received a fee from any source for services
connected with the project.
DATED: June 17, 1991
CITY OF SAN RAFAEL,
a municipal corporation of
the State of California
7
Mayor LAWRENCE E. M�AN
ATTEST:
ByG.
City Clerk - JEANNE M. LEONCINI
STUB , ESS, BRUNSELL & SPERRY
a pr ional corporati n
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Edwin N. Ness
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