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HomeMy WebLinkAboutRESOLUTIONS - 12101991 - 91-783 RESOLUTION NO. RESOLUTION APPROVING AGREEMENT FOR FINANCIAL ADVISORY SERVICES REASSESSMENT DISTRICT NO. 1991-2 (REFUNDING WAYSIDE PLAZA A.D. NO. 1985-3) The Board of Supervisors of the County of Contra Costa resolves: As part of the proceedings for Reassessment District No. 1991-2 (Refunding Wayside Plaza A.D. No. 1985-3) , County of Contra Costa, California, this Board approves that certain agreement between the County of Contra Costa, and LIBERTY PUBLIC FINANCIAL ADVISORS, dated December 10, 1991, and on file with the Clerk of the Board of Supervisors. The Board authorizes Liberty Public Financial Advisors to obtain an offer for the purchase of refunding bonds for presentation to the Board of Supervisors. The Chairman of the Board is authorized to sign the agreement and the Clerk of the Board is authorized to attest its execution. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at regular meeting thereof, held on the 10th day of December, 1991. ATTEST: OF SUPER V PHIL BATCHELOR, Clerk of the *i`• _�':* Board of Supervisors and County Administrator By1 (j) review bids and recommend which bid from a qualified bidder produces the lowest net interest costs . (k) or in a negotiated sale, recommend an underwriter (s) , and supervise the underwriter (s) as bonds are being marketed, getting information as to actual method of sales . (1) review recent and comparable market interest rates and recommend whether interest rates and other terms in the final bond purchase contract are competitive . (m) and in either type of sale, aid in the closing preparations and attend the closing. 2 . The services of Financial Advisor under this agreement shall not include the following: (a) Underwriting the bond issue . 3 . In consideration. of the services set forth in paragraph 1, Client shall pay to Financial Advisor the following fees and costs : (a) The fee of Financial Advisor shall be a fixed fee as set forth in the engineer' s report as finally approved under Section 10312 of the Streets and Highways Code . (b) The fee of Financial Advisor shall be the amount of $27, 500 . 00 . (c) Costs shall be reimbursed to Financial Advisor as follows : 1) Cost of printing and distribution of the official statement, notice to bidders, and other official documents . 2) Costs of Federal Express or similar delivery service . The cost of other services for which Financial Advisor makes arrangements under this agreement (such as Underwriter' s Discount, Official Statement printing costs) shall be billed to the Client and shall be paid by Client directly to the payee. (d) Payment by Client of the financial advisory fee is contingent upon the sale of bonds representing unpaid assessments in the district . If for any reason, bonds are not sold, Financial Advisor shall be paid no fee . Both the fee and costs are payable upon delivery of the bonds . 4 . Financial Advisor certifies that it has no interest, AGREEMENT FOR FINANCIAL ADVISORY SERVICES REASSESSMENT DISTRICT NO. 1991-2 (REFUNDING WAYSIDE PLAZA ASSESSMENT DISTRICT NO. 1985-3) This is an agreement for financial advisory services between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, referred to as Client, and LIBERTY PUBLIC FINANCIAL ADVISORS, Pleasanton, California, referred to as Financial Advisor. 1 . Client retains Financial Advisor as financing consultant to perform the following consulting services relating to Reassessment District No . 1991-2 (Refunding Wayside Plaza Assessment District No . 1985-3) , County of Contra Costa, State of California. (a) present the potential alternatives in financing the proposed project . (b) conduct due diligence by reviewing all existing information regarding outstanding debt, bond covenants, prior debt repayment, and appropriate ordinances or resolutions, including the engineering, architectural, planning, legal and financial information regarding the project . (c) assist in the selection of other financing team members as - requested, including the trustee, printer, and underwriter. (d) recommend a reserve fund, capitalized interest, and costs of issuance. (e) recommend specific terms for the securities including maturity schedules, call features, refunding protection, and others . (f) prepare a set of financing documents and prepare an official statement for use in the marketing of the bonds . (g) recommend the timing of the marketing of the bond issue based on the conditions in the market . (h) recommend to the issuer which method of sale should be chosen to market the bonds . (i) in a competitive sale, prepare and distribute notice .of sale of bonds and official statement to prospective bidders . either direct or contingent, in any property or contract arising from or affected by the assessment district, except as Financial Advisor under this agreement . Financial Advisor 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 : % , 1991 CONTRA COSTA COUNTY, a political ,�Onp SU PER V,SURS' subdiv is±-on of the State of California ; a moo• �= Chairman of the Board of Supervisors °OSTM couN'� , ATTEST : By t Clerk of th Board S ervisors LIBERTY PUBLIC FINANCIAL ADVISORS By Nadi e McKinney Lee By ' Charles A. Lee