HomeMy WebLinkAboutRESOLUTIONS - 12101991 - 91-784 RESOLUTION NO. g�
RESOLUTION APPROVING AGREEMENT
FOR LEGAL 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:
This Board approves that certain agreement between the
County of Contra Costa, and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, for services of that firm as Special
Bond Counsel for Reassessment District No. 1991-2 (Refunding
Wayside Plaza A.D. No. 1985-3) , County of Contra Costa,
California, dated December 10, 1991, and on file with the Clerk
of 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: P�°F SUPER
eco.• _ ,kr
PHIL BATCHELOR, Clerk of the +►;'f _ --�'`
Board of Supervisors and
County Administrator - :
By
°Srn couti
(1. FP
S
AGREEMENT FOR LEGAL SERVICES
REASSESSMENT DISTRICT NO. 1991-2
(REFUNDING WAYSIDE PLAZA A. D. NO. 1985-3)
COUNTY OF CONTRA COSTA
This is an agreement for legal services between the
County of Contra Costa, a political subdivision 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 Reassessment
District No. 1991-2 (Refunding Wayside Plaza A.D. No. 1985-3) ,
County of Contra Costa, California.
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents required by the
Refunding Act of 1984 for 1915 Improvement Act
Bonds (the "Act") , including the legal format of
the engineer ' s report required by Section 9523 .
(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 reassessment diagram and reassessment
roll.
(d) Attendance at all public meetings of Client at
which matters relating to the reassessment
district are considered, except routine matters.
(e) Attendance at staff meetings or meetings of
property owners, upon the request of the Client,
after reasonable notice.
(f) Telephone consultation with staff members and
property owners to answer legal questions about
the reassessment proceedings.
(g) Arrangements for the printing of refunding bonds
to represent unpaid reassessments.
(h) The preparation of a record of assessment
installments for the use of the County Auditor, if
required.
(i) Arrangements for the sale of refunding bonds
either by negotiation or by public bid, at the
1
option of Client, including a review of financial
disclosure requirements and, if required, the
preparation of the notice inviting bond bids.
(j) The preparation of bond delivery documents.
(k) The rendition of a legal opinion on the validity
of the refunding bonds and the proceedings leading
to their issuance.
(1) Preparation of a transcript of the legal
proceedings in loose-leaf form for the use of the
Client.
(m) Preparation of the required reports to the
California Debt Advisory Commission (pursuant to
Section 8855 et seq. of the Government Code) and
to the Internal Revenue Service (pursuant to
Section 149 of the Internal Revenue Code of 1986) .
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
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 shall be an amount equal to one and
one-quarter percent (1 1/4%) of that portion of
the amount assessed not exceeding $1 million, plus
one-half of one percent (1/2%) of that portion of
the amount assessed exceeding $1 million.
(b) 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.
2
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.
(c) Payment by Client of the legal fee is contingent
upon the levy of reassessments and the sale and
delivery of improvement bonds representing unpaid
reassessments in the reassessment district. If
for any reason, reassessments 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 reassessment district, except as Bond
Counsel under this agreement. Bond Counsel does not represent any
owner of property within the proposed boundaries of this
reassessment district, and has not received a fee from any source
for services connected with the project.
DATED: December 10, 1991
COUNTY OF CONTRA COSTA, a
"` _ - •,4 politi subdivision of
f j. the S ate Califo is
�o 9 By
Chairman
TSTA COON
ATTEST:
Clerk of the Board
of Supervisors and
County Administrator
By
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
By
vv Robert Brunsell
3