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HomeMy WebLinkAboutRESOLUTIONS - 11291983 - 83-1206 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA STATE OF CALIFORNIA PLEASANT HILL B.A.R.T. STATION AREA _ ASSESSMENT DISTRICT NO. 1983-1 RESOLUTION NO. 3 iaaG RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND APPROVING AGREEMENT FOR LEGAL SERVICES WHEREAS, the Board of Supervisors of the County of Contra Costa, State of California (the "County" ) , has received a Petition signed by the owners of the property described in said Petition, requesting that the Board of Supervisors undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds under the provisions of the Improvement Bond Act of 1915 for the public acquisi- tions, construction and improvements more particularly set forth in said Petition and to assess the costs of said acqui- sitions, construction and improvements, together with the incidental expenses thereof, upon the property described in said Petition; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, as follows: 1. Manatt, Phelps, Rothenberg & Tunney is hereby appointed Special Bond Counsel in connection with the improve- ment proceedings for Pleasant Hill B.A.R.T. Station Area Assessment District No. 1983-1 and the issuance of improvement bonds with respect thereto. 2. The agreement for legal services between the and Special Bond Counsel, in the form attached hereto as Exhibit "A" , is hereby approved and the officer of the HER4J-1 1 �- 396 County designated therein as signatory is hereby authorized and directed to execute said agreement. PASSED AND ADOPTED THIS 29th day of November 1983, by the following vote: AYES:_ = Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None - ABSTAIN: None 1 hereby oerflfy that this Its true andeat copy of an action taken and ontered on the minutes of the Board of Supervisors on the date shown. ATTESTED: ' U'a9, /9e 3 J.R. ULSf- 7'49 COUNTY CLERK and ex officlo Cleric of the Board By . Deputy HER4J-1 2 397 AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND MANATT, PHELPS, ROTHENBERG & TUNNEY FOR LEGAL SERVICES IN CONNECTION WITH PROPOSED PLEASANT HILL B.A.R.T. STATION AREA ASSESSMENT DISTRICT NO. 1983-1 This Agreement, made and entered into this 29th day of November 1583, by and between the County of Contra Costa, hereinafter referred to as "County, " and Manatt, Phelps, Rothenberg & Tunney, hereinafter referred to as "Attorneys"; W I T N E S S E T H: WHEREAS, County proposes to acquire, construct and finance certain public improvements within an Improvement District to be known as Pleasant Hill B.A.R.T. Station Area Assessment District No. 1983-1, by assessment proceedings r undertaken pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915. WHEREAS, County wishes to appoint, employ and retain Attorneys to provide legal services for the preparation and conduct of said assessment proceedings in connection with the said Improvement District. WHEREAS, the public interest, convenience, neces- sity and general welfare will be served by the employment of Attorneys in said capacity. WHEREAS, Attorneys are qualified to provide such legal services. I . ACQUISITION SERVICES Attorneys agree to provide the following acquisi- tion services for County: HER4A-1 1 398 1. Upon request of County, provide all legal services required for County to acquire real property or any interests therein necessary for the proposed Improvement District whether by negotiated purchase or condemnation. 2 . Upon request of County, prepare all forms of options, contracts and deeds necessary for the acquisition of real property, or any other interest therein deemed neces- sary for the -acquisition or construction of the improvements contemplated for said Improvement District. 3. Upon request of County, consult and advise concerning negotiations for the acquisition of such real property or interest therein deemed necessary for the con- struction of the said improvements. 4. Upon request of County, prepare and conduct Eminent Domain proceedings to final resolution, where neces- sary, to acquire all real property or interest therein deemed necessary for the construction of the said improvements. II . ASSESSMENT SERVICES Attorneys agree to provide the following assessment services for County: 1. Consult with County, its officers, employees, engineers, legal staff, and any special consultants of County to assist in formulation of a coordinated financial, engineer- ing and legal program for the said Improvement District. 2. Render to the County, its officers, employees, engineers, legal staff, and any special consultants of County all legal advice and services required for the initiation, conduct and completion of all proceedings for the formation and financing of the said Improvement District, including printing, issuance and sale of the assessment bonds on unpaid HER4A-1 2 399 assessments. The selection of the bond printing concern will be subject to the approval of the County. Bond printing will be paid for as an incidental expense out of the district funds . 3 . Prepare all schedules, petitions, resolutions, ordinances, forms, orders, reports, notices, affidavits and other documents required for the initiation, conduct and completion of all proceedings for the formation and financing of the said Improvement District, including those documents required for securing extra-territorial jurisdiction. 4. Confer with County's engineers as to the legal sufficiency of the Engineer's Report to be prepared in said assessment proceedings and provide such forms therefore as may be required for legal adequacy. 5. Upon request of County, prepare and/or review any and all agreements which the County proposes to enter with the owners and/or developers of real property within the proposed Improvement District and with those entities, including, but not limited to, public utilities to which the County may transfer title to certain of the improvements to be acquired, constructed and financed by said assessment proceedings. 6. Upon request of County, prepare and/or review, supervise and advise concerning the legal documents necessary for the public bidding and for the construction of the improvements, including, but not limited to, the invitations to bidders, proposals, general conditions, and contract docu- ments, including changes, modifications, deletions, and/or revisions during the course of construction; review documents prepared by the County's Department of Public Works and any consultants of County for legal adequacy, and render advice HER4A-1 3 400 C C - regarding the construction bidding, and during the construc- tion process. 7. Supervise and advise County and prepare and review the legal documents involved in the giving of notices of public hearings and notices for the sale of assessment bonds, including rendering advice regarding the sale of said bonds and bids thereon. S. - Upon request of County, attend all meetings of the Board of Supervisors or other public or private meet- ings which are necessary to initiate, conduct or complete the assessment proceedings. 9. Provide a legal opinion unqualifiedly approv- ing all assessment proceedings, contracts, assessments and bonds . 10. Prosecute any validating suit deemed proper or advisable by Attorneys through obtaining a judgment in Superior Court. III . PAYMENT A. Attorneys' compensation for acquisition services rendered under Article I shall be as follows: 1. $150.00 per hour for partners' and $110.00 per hour for associates' time for services other than court appearances. 2. In addition, Attorneys shall be reimbursed for actual out-of-pocket expenses incurred in connection with such services, including and not limited to, all travel, meals, lodging, reproduction, telephone, or other costs related to acquisition services. B. Attorneys' compensation for services rendered under Article II, Items 1 through 9, inclusive, shall be as follows: HER4A-2 4 401 2-1/2% of the first $2,000,600 of assessment, plus 2% of the next $2,000, 000 of assessment, plus 1-1/2% of the next $2,000, 000 of assessment, plus 3/4% of the next $2, 000,000 of assessment, plus 1/2% of the next $2,000, 000 of assessment, plus 1/4% of any amount over $10,000, 000; provided that bond printing shall be paid for as an incidental expense out of the district funds and not included within the above compensation to Attorneys for said services. C. Attorneys' compensation for services rendered under Article II, Item 10, shall be at the rates specified for payment for services rendered under Article I . D. In the event it is determined to have a bond sale by bid invitation rather than a negotiated sale, certain services, if required, shall be furnished by Attorneys and expenses incurred therefor shall be reimbursed to Attorneys by the County based on actual invoices. Such services shall be limited to the following: 1. Printing and mailing notice of sale of bonds and official statement; 2. Obtaining a bond rating and services connected therewith; 3. Obtaining statistical information relative to official statement; and 4. Any special rapid delivery service or delivery service other than regular United States mail. Such services shall be paid for as an incidental expense out of district funds and not included within the compensation based on percentage of assessment paid to Attorneys pursuant to Paragraph B above. HER4A-2 5 402 E. Payment of Attorneys' compensation hereunder shall be made to Attorneys at the time of delivery to the purchser of the bonds to be issued and sold in the assessment proceed- ings or as soon thereafter as practicable. It is understood and agreed that Attorneys' compensation for all services rendered pursuant to this Agreement shall be paid solely from the proceeds of the assessments to be levied and bonds issued and sold pursuant to said assessment proceedings, and that County shall not be obligated otherwise therefor. Not- withstanding any of the foregoing provisions of this Para- graph E, Attorneys shall be reimbursed by County for all actual out-of-pocket acquisition expenses in the event there are no proceeds of levied assessments and no bonds issued and sold pursuant to said assessment proceedings from which to pay Attorneys. WITNESS THE EXECUTION HEREOF, the day and year hereinbefore written. COUNTY OF COSTA '• R. I.Scllrof- By or AP OV,EI)_AS TD.. ORM: By DPi7� MANATT, PHELPS, ROTHENBERG TUNNEY By 1VaJK, 7��e 2"a Tit 4 arca Aro Center ite 3680 San Francisco, CA 94 11 (415) 981-7540 HER4A-2 6 403