HomeMy WebLinkAboutResolution No. 4745RESOLUTION NO. 4745
RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND
AUTHORIZING EXECUTION OF AGREEMENT
BE IT RESOLVED by the City Council of the City of San
Rafael, Marin County, California, that STURGIS, DEN-DULK, DOUGLASS
& ANDERSON, Attorneys at Law, Oakland, California, be, and they
are hereby, appointed as Special Bond Counsel to conduct special
assessment district proceedings in Santa Margarita Open Space
Assessment District, City of San Rafael, Marin County, California;
and
BE IT FURTHER RESOLVED that the employment of the said
STURGIS, DEN-DULK, DOUGLASS & ANDERSON shall be as provided in the
attached agreement; and
BE IT FURTHER RESOLVED that the Mayor of the City of San
Rafael be authorized to sign, and the City Clerk thereof be author-
ized to attest, that certain agreement employing the said STURGIS,
DEN-DULK, DOUGLASS & ANDERSON as Special Bond Counsel to do and
perform the services therein set forth and upon the compensation
therein provided for.
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
17th day of June, 1974, by the following vote, to wit:
AYES: Councilmen : Jensen M i ski men , Nixon and Mayor Bett i n i
NOES: Councilmen : NOne
ABSENT: Councilmen : Mul ryan
MARION A. GRADY, City Clerk,
City of San Rafael, Marin County,
California
A G R E E M E N T
THIS AGREEMENT, made and entered into this 17th day of
June, 1974, by and between the CITY OF SAN RAFAEL, a municipal corpor-
ation of the State of California, hereinafter called First Party,
and STURGIS, DEN-DULK, DOUGLASS & ANDERSON, Attorneys at Law, Special
Bond Counsel, hereinafter called Second Party;
W I T N E S S E T H:
That for and in consideration of the mutual covenants
and agreements herein contained, the parties hereto agree as follows:
1. First Party proposes to initiate proceedings for the
acquisitions in Santa Margarita Open Space Assessment District,
City of San Rafael, Marin County, California.
2. First Party hereby employs Second Party as Special
Bond Counsel and Second Party hereby agrees to accept said employment
by First Party in said proceedings. Said services shall include
the following:
a. Such preliminary consultations and advice as are
necessary with First Party officials, or First
Party officials and groups not comprised of First
Party officials, to determine the best proceedings
to be taken and what district is to be formed;
b. Preparation of any and all proceedings from the
time of commencement of formal proceedings by
petition or action of the governing body of
First Party through to consummation of the pro-
ceedings and sale of the special assessment bonds
which may be issued in connection with said
proceedings;
C. Complete supervision of all stages of the pro-
ceedings and attendance at such public and pri-
vate meetings as are necessary to carry the
project through to completion;
d. Second Party is to be available for consulta-
tion by First Party officials, groups and/or
individuals for information and consultation with
relation to such proceedings by telephone or
otherwise if it can be arranged;
e. Second Party agrees that there shall be included
in the amount of the fee provided to be paid
opinion to the purchaser or purchasers of bonds
which may be issued in the proceedings.
3. The fee provided for herein does not include out-
of-pocket expenses of Second Party for transportation, commun-
ication or other out-of-pocket expenses, or for any services in con-
vection with litigation.
4. Second Party shall receive as compensation for the
services herein agreed to be provided the sum of three per cent
(3%) of the project costs. "Project Cost" is defined to include
construction costs, acquisition costs, utility deposits and con-
tingency funds as shown on the final Engineer's Report and Estimate
of Cost approved by First Party and on file in the proceedings at
the time of confirmation of the assessment district. "Project Cost"
shall not include:
(a) Incidental expenses;
(b) The amount of any bond discount;
(c) The amount of any contribution to the project made
by First Party.
In no event shall said compensation be less than $1,500.00.
Said compensation shall be payable from the proceeds of
assessments levied in said proceedings based upon the figures enum-
erated above and shall be payable upon receipt of money from the
proceeds of assessments levied.
5. The fee herein provided for shall not include any
servies in connection with acquisition of rights-of-way or proceed-
ings in eminent domain. Any services rendered by Second Party in
connection with the acquisition of land for rights-of-way or eminent
domain proceedings, including all costs in connection with such
acquisitions, shall be paid for in addition to fees herein provided
for, and shall be payable in the same manner as other fees.
6. Second Party certifies that it has no interest, either
direct or indirect, in any property or matter involved in the pro-
ceedings referred to in this contract other than the fees herein
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specified and for the purposes herein specified.
Said Second Party further certifies that it represents
no property owner within the boundaries of said proposed assessment
district for any purpose, directly or indirectly, other than the
services rendered as Second Party, in accordance with the terms of
this contract.
7. In the event said proceedings are not carried through
to conclusion, or shall be abandoned, then Second Party shall receive
nothing.
IN WITNESS WHEREOF, the parties hereto have hereunto sub-
scribed their names, First Party by the Mayor of said City of San
Rafael, attested by its City Clerk, the day and year in this agree-
ment first above written.
CITY OF SAN RAFAEL, a municipal
corporation of the State of California
By 6�Keua C,1j'Zd1'1A
Mayo
ATTEST:
MARION A. GRADY, City Clerk
"FIRST PARTY"
STU �I�S DEN-DULK, DOUGLASS & ANDERSON,
Spec' Bond Counsel
B ��� V(,&J1Q
Y
"SECOND PARTY"
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