HomeMy WebLinkAboutResolution No. 5905RESOLUTION NO. 5905
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
Francisco Boulevard East 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 pro-
fessional corporation, for services of that firm as Special Bond
Counsel for Francisco Boulevard East Assessment District, City of
San Rafael, Marin County, California, dated May 19, 1980 and at-
tached to this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly and
regularly adopted by the City Council of the City of San Rafael, Marin
County, California, at a regular meeting thereof, held on the 19th
day of May, 1980.
AYES: Councilmembers Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: Councilmembers None
ABSENT: Councilmembers None
JEANNE M. LEONCINI, City Clerk,
City of San Rafael, Marin County,
California �j
AGREEMENT FOR LEGAL SERVICES
Francisco Boulevard East 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 pro-
fessional corporation, Attorneys at Law, Emeryville, California, re-
ferred to as Bond Counsel.
1. Client retains Bond Counsel as special counsel to perform
the following legal services relating to Francisco Boulevard East
Assessment District:
(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.
(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
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.
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.
3. 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 percen-
tage of the project cost set forth in the engineer's
report as finally approved under Section 10312 of the
Streets and Highways Code. The "project cost" shall
be deemed to include estimated construction cost,
estimated or actual payment for the acquisition of
existing improvements and real property, payments to
other public agencies or utilities, capacity charges,
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and contingency amounts. The "project cost" shall
be deemed to exclude engineering, legal, right-of-way
and other consulting or professional fees, inspection
fees, bond printing costs, allowance for selling im-
provement bonds at a discount, and any other incidental
expenses of the project.
(b) The legal fee shall be an amount equal to three percent
(3%) of that portion of project cost not exceeding $1
million, plus two percent (2%) of that portion of pro-
ject cost exceeding $1 million but not exceeding $2
million, plus one percent (1%) of that portion of
project cost exceeding $2 million. The fee shall not
be less than $1,500.
(c) Costs shall be reimbursed to Bond Counsel as follows:
1) The 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 minimun 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.
(d) 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, assess-
ments 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
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within the proposed boundaries of this assessment district, and has
not received a fee from any source for services connected with the
project.
DATED: May 19, 1980 CITY OF SAN RAFAEL, a municipal
corporation of the State of
Cal' rnia
Mayor
ATTEST:
JEANNE M. LEONCINI,
City Clerk
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STURGI�NESS, BRUNSELL & SPERRY
a prof�s-"si.onal corporation
By
win N. Ness