HomeMy WebLinkAboutCC Resolution 8560 (Mariposa Rd Assessment District)RESOLUTION NO. 8560
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
MARIPOSA ROAD ASSESSMENT DISTRICT
The City Council of the City of San Rafael resolves:
This City 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 Mariposa Road Assessment District, City of San Rafael,
Marin County, California, dated November 4, 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 4th day of November, 1991, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JE M. LEONCINk, City Clerk
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AGREEMENT FOR LEGAL SERVICES
MARIPOSA ROAD ASSESSMENT DISTRICT
This is an agreement for legal services between the City
of San Rafael, a municipal corporation 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 Mariposa Road
Assessment District, City of San Rafael, Marin County, 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 10204.
(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 bonds
to represent unpaid assessments, including, if
required, the printing of a bond register and
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 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.
(n) Preparation of a transcript of the legal proceedings
in loose-leaf form for the use of the Client.
(o) 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).
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 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 one
percent (1%) of that portion of the amount assessed
not exceeding $10 million, plus one-half of one
percent (1/2%) of that portion assessed exceeding
$10 million, but not exceeding $20 million, plus
one-fourth of one percent (1/4%) of all amounts
assessed exceeding $20 million. The fee shall be not
less than $10,000.
(c) In addition to the legal fee specified in paragraph
(b) above, if bonds representing unpaid assessments
are issued in more than one issue, the legal fee
shall include $5,000 for each issue after the first.
(d) Costs shall be reimbursed to Bond Counsel as
follows:
1) Filing and recording fees and publication costs
advanced on behalf of Client.
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.
6.
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.
(e) 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.
(f) Both the legal fee and costs are payable upon
delivery of the bonds. If bonds are issued in more
than one issue, the cumulative amount payable after
each delivery shall be calculated under subparagraph
(b) by reducing the amount of the assessment by the
par value of bonds authorized but not issued; the
amount payable after each delivery shall be the
cumulative amount payable less amounts previously
paid.
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 within the proposed boundaries of this assessment
district, and has not received a fee from any source for
servicesconnected with the project.
DATED: November 4, 1991
CITY OF SAN RAFAEL, a
municipal corporation of
the State of California
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Mayor
ATTEST:
JEALEONCI I, City Clerk
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
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