HomeMy WebLinkAboutRESOLUTIONS - 08042003 - 70-308 s
RESOLUTION NO. Z 308
RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND
AUTHORIZING EXECUTION OF AGREEMENT
BE IT RESOLVED by the Board of Supervisors of the County
of Contra Costa California, that STURGIS, DEN-DULK, DOUGLASS & ANDERSON,
Attorneys at Law, Oakland, California, be , and they are hereby, appointed
as Special Bond Counsel to conduct special assessment district proceedings
in Assessment District No. 1970-1, Tract 3780 , Alamo Area, County of
Contra Costa , California; and
BE IT FURTHER RESOLVED that the employment of the said
STURGIS, DEN-DULK, DOUGLASS & ANDERSON shall be as provided in
the attached agreement; and
BE IT FURT1ER RESOLVED that the Chairman of the Board of
Supervisors of the County of Contra Costa be authorized to sign,
and the County Clerk thereof be authorized to attest , that certain
agreement, employing the said STURGIS, DEN-DULK, DOUGLASS & ANDERSON
as Special Bend Counsel to do and perform the services therein
set forth and upon the compensation therein provided for.
RUM ION No. 70!308
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I HEREBY CERTIFY that the foregoing resolution was duly
and regularly adopted by the Board of Supervisors of the County
of Contra Costa , California, at a regular meeting thereof, held
on the 26th day of May, 1970 , by the following vote, to wit :
AYES: Supervisors J. P Kenn, A M Dias ' J. 3. Moriarty,
Z. A. Lin:chei T. J. Co
NOES: Supervisors ane,
ABSENT: Supervisors None
Mai rm AlY of Supervisors
(SE
ATTEST'
W. T. PAASCH, County Clerk
Barbara Kemp
Deputy Clerk
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IRSOLUTION Wit. 70/349
.....................................................................................
A G R E E M E N T
THIS AGREEMENT, made and entered into this 26th day
of May, 1970 , by and between the County of Contra Costa, a political
subdivision of the State of California, hereinafter called First
Party , and STURGIS, DEN-DULK, DOUGLASS & ANDERSON, 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 :
I . first Party proposes to initiate proceedings for
the improvements in Assessment District No. 1970 -1 , Tract 3780 ,
Alamo.,. Area , County. o.f Contra Costa, California.
2 . First Party hereby employs Second Partyy 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 pro-
ceedings and sale of the special assessment bonds
which may be issued in connection with said
proceedings ;
C. Complete supervision of all stages of the pro-
ceedings and attendance at such public and pri-
vate meetings as are necessary to carry the
70 /308
project through to completion ,
d. Second Party is to be available for consulta-
tion 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 purchaser or purchasers of bond's
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,; communica-
tion or other out-of--pocket expenses , or for any services in con-
nection with litigation.
4 . Second Party shall receive as compensation for the
services herein agreed to be provided the sum of three per cunt (3n)
of the "project cost" as shown on the Engineer's Estimate of Cost
on file in the proceedings at the time of the confirmation of the
district'. "Project cost" is defined to include construction costs,
acquisition costs , utility deposits and contingency fronds. It shall
not include incidental expenses or bond discount , but in no event
shall said compensation be less than $1 ,500.00.
S. The fee herein provided for: shall not include any
services in connection with acquisition of rights -of-way or proceed-
ings in eminent domain. Any services rendered by Second Party in
connection with the acquisition of land for rights-of-way or eminent
domain proceedings, 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 .
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6. In the event said proceedings are not carried through.,,
to conclusion, or ''shall be abandoned , then Second Party shall receive
nothing.
IN WITNESS WHEREOF, the parties hereto have hereunto
subscribed their names, First Party by the Chairman of the Board of
Supervisors of said County of Contra Costa, attested by its County
Clerk, the day and year in this agreement first above written.
COUNTY OF CONTRA COSTA, a political
subdivision of the State of California
By Thomas ;Jahn Foil
Chairman , oar of 9upervisors
ATTEST:
"First Party"
W. T. PAASCH, County Clerk
BarbarBy:
t S'TURG I S* DEN-DULK DOUG'LASS � ANDERSON
Special Bond Counsel
By:
"Second Party"
70 /308