HomeMy WebLinkAboutCC Resolution 6808 (Civic Center-Northgate Assessment District)RESOLUTION NO. 6808
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
CIVIC CENTER - NORTHGATE 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 Civic Center - Northgate Assessment District, City of
San Rafael, Marin County, California, dated May 7, 1984, 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 7th day of May, 1984, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
J M. LEONCINI, City Clerk
ORIGINAL
AGREEMENT FOR LEGAL SERVICES
CIVIC CENTER - NORTHGATE 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
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 Civic
Center - Northgate Assessment District, City of San Rafael, Marin
County, California.
(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
performance 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
reasonable notice.
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(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
construction 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.
(n) Preparation and execution of a program to collect
delinquent assessments on behalf of the City,
including the filing and prosecution of foreclosure
actions in Superior Court in connection therewith.
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
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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 assessed as set forth in the
engineer's report as finally approved under Section
10312 of the Streets and Highways Code.
(b) The legal fee shall be an amount equal to two and
one-half percent (2-1/2%) of that portion of the
amount assessed not exceeding $1 million, plus one
percent (1%) of that portion of the amount assessed
exceeding $1 million. The fee shall be not be less
than $1,500.
(c) 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.
(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,
assessments 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
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this agreement. Bond Counsel does not represent any owner of
property 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 7, 1984
ATTEST:
By
J A NE M. LEONCI I, City Clerk
rov as to �
CITY OF SAN RAFAEL, a
municipal corporation of
the State of California
Mayor
STURG ESS, BRUNSELL & SPERRY
apro Tonal corporation
B
Edwin N. Ness
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