HomeMy WebLinkAboutCC Resolution 7392 (Kerner Blvd Assessment District)RESOLUTION NO. 7392
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
KERNER BOULEVARD REFUNDING 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 the Kerner Boulevard Refunding
Assessment District, City of San Rafael, Marin County,
California, dated July 21, 1986, 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 21st day of
July, 1986, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE 2m -LEONCINr, City Clerk
ORIGINAL
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AGREEMENT FOR LEGAL SERVICES
KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFOR11IA
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 the Kerner
Boulevard Refunding Assessment District, City of San Rafael,
Marin County, California.
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents required by the
Refunding Act of 1984 for 1915 Improvement Act
Bonds (the "Act"), including the legal format of
the reassessment report required by Section 9523
of the Streets and Highways Code.
(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 reassessment diagram and reassessment
roll.
(d) Attendance at all public meetings of Client at
which matters relating to the reassessment
district are considered, except routine matters.
(e) Attendance at staff meetings or meetings of
property owners, upon the request of the Client,
after reasonable notice.
(f) Telephone consultation with staff members and
property owners to answer legal questions about
the reassessment proceedings.
(g) Arrangements for the printing of refunding bonds
to represent unpaid reassessments.
(h) The preparation of a record of assessment
installments for the use of the County Auditor,
if required.
(i) Arrangements for the sale of refunding 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.
(j) The preparation of bond delivery documents.
(k) The rendition of a legal opinion on the validity
of the refunding 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.
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 set forth in the
reassessment report equal to one and one-quarter
percent (1-1/4%) of that portion of the amount
assessed not exceeding $1 million, plus one half
of one percent (.5%) of that portion of the
amount assessed exceeding $1 million. The fee
shall not be less than $1,500.
(b) Costs shall be reimbursed to Bond Counsel as
follows:
1) The cost of transportation, meals and
lodging.
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) 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.
(c) Payment by Client of the legal fee is contingent
upon the levy of assessments and the sale and
delivery of improvement bonds representing unpaid
reassessments in the reassessment district. If
for any reason, reassessments 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 reassessment district, except as Bond
Counsel under this agreement-. Bond Counsel does not represent
any owner of property within the proposed boundaries of this
reassessment district, and has not received a fee from any
source for services connecter] with the project.
DATED: July 21, 1986.
ATTEST:
By
J TN'E M. LEONCINT,y. City Cleric
CITY OF SAN RAFAEL, a
municipal corporation of
the State of California
Mayor
STURGIq,.,NESS, BRUNSELL & SPERRY
a pro..es.sional corporation
By
Edwin N. Ness