HomeMy WebLinkAboutCC Resolution 4569RESOLUTION NO. 4569
RESOLUTION APPOINTING SPECIAL BOI4D COUNSEL AND
AUTHORIZING EXECUTION Or AGREE'IENT
BE IT RESOLVED by the City Council of the City of San
Rafael, Marin County, California, that STURGIS, DEN-DULK, DOUGLASS
& ANDERSON, Attorneys at Lata, Oakland, California, be, and they
are hereby, annointed as Snecial Bond Counsel to conduct special
assessment district proceedings in the Rafael Racquet Club Estates
Utility Undergrounding 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.
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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 meetina thereof, held on
the 17th day of September, 1973, by the following vote, to fait:
AYES: Councilmen : Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: Councilmen : None
ABSENT: Councilmen : None
MARION A. GRADY, City Clerk,
City of San Rafael, Marin County,
California
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A G R E E M E N T
THIS AGREEMENT, made and entered into this 17th day
of September, 1973, by and between the CITY OF SAN RAFAEL, a munici-
pal corporation of the State of California, hereinafter called
First Partv, and STURGIS, DFN-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 improvements and acquisitions to be made in the Rafael Racquet Club
Estates Utility Undergrounding Assessment District, City of San
Rafael, Marin County, California.
2. First Partv 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
Partv 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 stades of the pro-
ceedinas and attendance at such public and pri-
vate meetings as are necessary to carry the
project through to completion;
° d.
Second Partv is to be available for consulta-
tion by First Pasty officials, groups and/or
ISM
individuals for information and consultation with
relation to such proceedinas 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 -rocket expenses of. Second Party for transportation, communica-
tion or other out-of-pocket expenses, or for any services in
connection with litigation.
4. Second Party shall receive as compensation for
the services herein agreed to be provided the sum of three per
cent (30) of the project costs. "Project Cost" is defined to
include construction costs, acquisition costs, utility deposits
and contingency 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 dis-
trict. "Project Cost" shall not include:
(a) Incidental expenses;
(b) The amount of any bond discount
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 proceedinas based upon the figures
enumerated 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
services in connection with acquisition of rights-of-way or proceed-
ings in eminent domain. Anv 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.
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6. Second Party certifies that it has no interest,
either direct or indirect, in any property or matter involved
in -the proceedings 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 proposed assess-
ment 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 evert said proceedings are not carried through
to conclusion, or shall be abandoned, then Second Party shall receive
nothina.
IN WITNESS WHEREOF, the parties hereto have hereunto
subscribed their names, First Party by the Mayor of said City of San
Rafael, attested by its City Clerk, the day and year in this agreement
first above written.
CITY OF SAN RAFAEL, a municipal corpora-
tion of the State of California
By
az!L
ATTEST: Mlayor
MARION A. GRADY, City Clerk,
City of San Rafael, Marin
County, California
"First Party"
STURGIS,DEN-DULK, DOUGLASS & ANDERSON
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"Second Party"