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HomeMy WebLinkAboutCC Resolution 4263RESOLUTION NO. 4263 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 in connection with the acquisition of open space lands within the boundaries of the City of San Rafael, Marin County, California; and BE IT FURTHER RESOLVED that the employment of the said STURGIS, DEN -DULY., DOUGLASS & ANDERSON shall be as provided in the at- tached 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 authorized 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 3rd day of July, 1972, by the following vote, to wit: AYES: Councilmen Barbier, Miskimen. Mulryan and Acting Mayor Jensen NOES: Councilmen None ABSENT: Councilmen Mayor Bett i n i 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 this,— 3rd day of July _, 1972, by and between the CITY OF SAN RAFAEL, a municipal corporation 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 acquisition of open space lands within the boundaries of the 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. b. Preparation of any and all resolutions, ordinances, agreements, leases and other documents from the time of commencement of formal proceedings by action of the governing body of First Party through to consummation of the proceedings and sale of the general obligation bonds which may be issued in connection with said proceedings; C. Complete supervision of all stages of the proceedings and attendance at such public and private meetings as are necessary to carry the project through to completion, including, but not limited to, preparation of ordinances, resolutions, notices, transcripts, bonds, contracts and all other documents in connection with said proceedings. _1_ d. Second Party is to be available for consultation by First Party officials, groups and/or individuals for information and consultation with relation to such proceedings by telephone or otherwise. e. Second Party shall provide an opinion to the purchaser, or purchasers of any bonds which may be issued in the proceedings. f. Prosecute any actions deemed necessary for determining validity of any bonds issued, contracts executed, tax or assessments levied, or service charges imposed, or the laws pursuant to which such proceedings were conducted. 3. Second Party shall receive as compensation for the services herein agreed to be provided in the sum of one per cent (1%) of the par value of bonds authorized to be issued by vote of the people. Said compensation shall be payable from the proceeds of the sale of said bonds, and shall be payable upon receipt of the proceeds thereof by First Party. 4. The fee herein provided for shall not include any services in connection with acquisition of property or proceedings in eminent domain. Any services rendered by Second Party in connection with the acquisition of land 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. 5. Second Party certifies that it has no interest, either direct or indirect, in any property or matter involved in the proceed- ings referred to in this contract other than the fees herein specified and for the purposes herein specified. Said Second Party further certifies that it represents no property owner within the boundaries of said City of San Rafael for any purpose, directly or indirectly, other than the services rendered as Special Bond Counsel, in accordance with the terms of this contract. _2_ 6. In the event said proceedings are not carried through to conclusion or shall be abandoned, Second Party shall receive no compensation and shall receive no reimbursement for out-of-pocket expenses incurred, and First Party shall be under no liability what- soever to Second Party for any services rendered or expenses incurred. 7. The services provided for herein do not include services in connection with litigation, except as set forth in Paragraph 2. 8. No compensation shall be paid for services not provided for herein without prior written authorization from First Party. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names, First Party by its Mayor, attested by its City Clerk, the day and year in this agreement first above written. ATTEST: By City Clerk CIT' OF SAN RAFAEL, a municipal corporation of the State of California By Mayor "FIRST PARTY" STURGIS, DEN-DULK, DOUGLASS & ANDERSON Special Bond Counsel -3- "SECOND PARTY"