HomeMy WebLinkAboutTC Res 1990-05-16
RESOLUTION NO. 2706
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AGREEMENT FOR LEGAL SERVICES
COMMUNITY FACILITIES DISTRICT NO. 1985-1
The Town Council of the Town of Tiburon resolves:
This Council approves that certain agreement between the
Town of Tiburon, and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, for services of that firm as Special Bond
Counsel for the issuance of refunding bonds for Community
Facilities District No. 1985-1, Town of Tiburon, Marin County,
California, dated May 16, 1990, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
Town Clerk is authorized to attest its execution.
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PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 16, 1990, by the following vote:
AYES:
Councilmembers Friedman, Coxhead, Kuhn, Thayer and Logan
NOES:
None
ABSENT: None
MAYOR
ATTEST:
By
OWN CLERK
AGREEMENT FOR LEGAL SERVICES
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
TOWN OF TIBURON
This is an agreement for legal services between the Town
of Tiburon, a municipal corporation of the State of California,
referred to as Town, 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 Cibrian Drive/La
Cresta Assessment District Refunding 1989-1, Town of Tiburon, Marin
County, California.
(a) Preparation of all forms of resolutions,
notices, affidavits, and other documents
required by the Municipal Improvement Act of
1913, including 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 inviting 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 sale 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 of the improvement bonds and the
proceedings leading to their issuance.
(n) Preparation of a transcript of the legal proceedings
in loose-leaf form for the use of the Client.
(0) 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).
(p) Preparation and execution of a program to
collect delinquent assessments on behalf of
Client, including the filing and prosecution of
foreclosure actions in Superior Court in
connection therewith.
2. The services of Bond Counsel under this agreement
shall not include the following:
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(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.
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~illed 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 assessments 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.
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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: October 18, 1989
TOWN OF TIBURON, a
municipal corporation of
the state of California
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By p~~~;;: ~:) Wp~MaYOr
ATTEST:
B
Town Clerk
S, BRUNSELL & SPERRY
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Edwin N. Ness
By
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