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HomeMy WebLinkAboutResolution No. 5181RESOLUTION NO. 5181 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, NESS & BRUNSELL a professional corporation, Attorneys at Law, Emeryville, California, be, and they are hereby, appointed as Special Bond Counsel to conduct special assessment district proceedings in Smith Ranch Assessment District No. 1, City of San Rafael, Marin County, California; and BE IT FURTHER RESOLVED that the employment of the said STURGIS, NESS & BRUNSELL a professional corporation 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 authorized to attest, that certain agreement employing the said STURGIS, NESS & BRUNSELL a professional corporation 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 20th day of September, 1976, by the following vote, to wit: AYES: Councilmen Jensen, Miskimen and Acting Mayor Mulryan NOES: Councilmen None ABSENT: Councilmen Nixon and Mayor Bettini MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California �,dVddes�N A L A G R E E M E N T THIS AGREEMENT, made and entered into this 20th day of September, 1976, by and between the CITY OF SAN RAFAEL, a municipal corporation of the State of California, hereinafter called First Party, and STURGIS, NESS & BRUNSELL a professional corporation, 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 im- provements and acquisitions to be made in Smith Ranch Assessment District No. 1, 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 proceedings and sale of the special assessment bonds which may be issued in con- nection 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; 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 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 -1- 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, communication or other out-of-pocket expenses, or for any services in connection with liti- gation. 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 district. "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 assess- ments levied in said proceedings 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 proceedings in eminent domain. Any services rendered by Second Party in connection with the acquisition of land for rights-of-way or eminent domain pro- ceedings, 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 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 -2- property owner within the boundaries of said proposed assessment district for any purpose, directly or indirectly, other than the ser- vices 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, than 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 agreement first above written. CITY OF SAN RAFAEL, a municipal corporation of the State of California By ATTEST: Mayor MARION A. GRADY, City Clerk "First Party" STURais, NESS & BRUNSELL a professional corp 'tion "Second Party"