HomeMy WebLinkAboutResolutions 89-366 N.C.S. 11/20/1989r
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resolution No. 89-366 N.C.S.
of the City of Pefalum~. California
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
ASSESSMENT DISTRICT NO. 20, REDWOOD BUSINESS PARK NO. 2
The City Council of the City of Petaluma resolves:
This City Council approves that certain agreement between
the City of Petaluma, and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, for services of that firm as Special Bond
Counsel for Assessment District No. 20, Redwood Business Park No.
2, City of Petaluma, Sonoma County, California, dated November 20,
1.9`89, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
City Clerk is authorized to attest its execution.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) rttad~x(yf~px~~l) meeting-
on the ..20.th....--•---... day of ....................I~Louem}he.~.................-., 19-$~-, by the
following vote: ------- ---- - ----- - - - -------......
it A t ney
AYES: Tencer,'Woolsey, Cavanagh, Balshaw, Davis, Vice .Mayor Sobel, Mayor Hi ligoss
NnES: • ~
ABSENT.: 0 ~ `` ,Q
ATTEST: -., ..:: ....:..:............ ........ ...................
City Cleil //O ~/~~ .Mayor' '
~~~0 ~ ~~~~ (council File...-TT------°-7 ........... ..
~:,~ ~o-as Rcs. h~~.....89-,3.6..6.....:. n,cs.:
AGREEMENT'FOR 'LEGAL SERVICES
ASSESSMENT DISTRICT NO. 20, REDWOOD BUSINESS PARK NO. 2
This is an agreement for legal service's between the City of
Petaluma, 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 Assessment District No.
20, Redwood Business Park No. 2, City of Petaluma, Sonoma County,
California.
(a) Preparation of all forms of resolutions,
notices, affidavits, and other documents
required .by the Municipal Improvement Act of
19:13, i-ncluding 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.
(g) Telephone consultation with .staff members and
property owners to answer legal .questions about
the assessment proceedings...
(h) Preparation of the notice invi ing 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, if required, the printing of a bond
register and 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 stale 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 o.f the improvement bonds and the
proceedings leading to their issuance.
(n) Preparation of a transcript o.f the legal proceedings
in loose-leaf form for the use of the Client.
(o) Preparatio
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and to the
to Section
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n of the required reports to the
Debt Advisory Commission (pursuant
8855 et seq. of the Government Code)
Internal Revenue Service (pursuant
149 of the Internal Revenue Code of
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
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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 assessed as set forth
in the engineer's report as finally approved
under Section 1031.2 of the Streets and Highways
Code.
(b) The legal fee shall be an amount equal to two
and one-half per-cent (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,
but not exceeding $'10 million,, plus one-half of
one percent (1/2%) of that portion assessed
exceeding '$10 million, but not exceeding $20
million, plus. one-fourth of one percent (1/4%)
of all amounts assessed exceeding $20 million.
The fee shall. be not less than $5,000.
(c) Costs shall be reimbursed to Bond Counsel as
follows:
1) Filing and recording fees and publication costs
advanced on behalf of Client
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) Costs of Federal Express or similar
delivery service.
4) Cost of preparation of notices to
property owners.
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.
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(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
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: November 20, 1989
s"=_ CITY OF PETALUMA, a municipal corporation
'". of the State of California
By
Mayor
ATTEST:
By
PATRICIA E. BERNARD, City Clerk
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
approved as #~ ~®e°~
By
_ Robert Brunsell
City Attorney
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