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HomeMy WebLinkAbout1979-01-16; Carlsbad Redevelopment Agency; Resolution 61 2 3 4 5 6 7 8 9 'LO 21 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _.. RESOLUTION NO. 6 A RESOLUTION OF THE CARLSBAD REDEVELOP IENT AGE1 cy, CARLSBAD, CALIFORNIA, AUTHORIZING THE RETENTION OF THE FIRM OF STRADLING, YOCCA, CARLSON AND RAUTH, ATTORNEYS AT LAW, AS AGENCY SPECIAL COUNSEL WHEREAS, the Carlsbad Redevelopment Agency desires to have specialized redevelopment legal counsel at its disposal; and WHEREAS, the firm of STRADLING, YOCCA, CARLSON AND RAUTH, ATTORNEYS AT LAW, have submitted a proposal for the provision of such services, which is attached hereto and incorporated herein as though fully set forth, as Exhibit A. NOW, THEREFORE, be it resolved by the Carlsbad Redevelopment Agency that: 1) The above referenced facts are true and correct, and 2) The Chairman of the Carlsbad Redevelopment Agency is hereby authorized and directed to execute said agreement on behalf of the Agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Redevelopment Agency held on the 16th day of Januarv , 1979, by the following vote, to wit: AYES : Directors Packard, Skotnicki, Anear, Lewis and NOES: None Casler fl .-- . 'IIONALD C. PACKARD, Chairhan ATTEST : PAUL D. BUSSEY,!Secretary n SPECIAL COUNSEL AGREEPIT (Supplemental Legal Services) tR, THIS AGREEMENT is made and entered into this/L , 199, by and between CARLSBAD NT AGENCY hereinafter designated as "Agency," and v STRADLING, YOCCA, CARLSON t RAUTH, ATTORNEYS AT LAW, herein- after designated as "Special Counse%" . I i rnCITALS 1, Agency presently emplays the City Attorney to advise and represent it in connectian with matters of a legal nature; however, Agency may, from time to time, wish to obtain legal services supplemental to those provided by the City Attorney , 2. Special Counsel has the personnel and experience in the area of municipal and redevelopment law to enable it to furnish such supplemental services as may be required by Agency, AGREEP'IENT \ THE PARTIES MUTUALLY AGRE;:E AS FOLLOWS: 3, Special Counsel shal3 provi.de supplemental legal services as may, from time to time, he specifically requested by Agency. Such services may include, but shall not be limited to, advising Agency and its staff I preparing legal opinions re- , quested by Agency, and representing Agency in administrative . proceedings and tri.als. c 4. Special Counsel shall not retain or incur expenses for outside experts or other qualified personnel without the written consent of Agency acting through its City Attorney, City Manager, or the office of the Director of the Agency, Any such costs incurred without consent shall not be reim- bursable to Special Counsel. 5. All invoices submitted by Special Counsel for services performed shall be itemized and shall indicate the charge for each attorney and service provided, including the hourly rate for such attorney where appropriate. Counsel shall render a monthly statement in accordance with the provisions hereof'and Agency shall pay the total set forth in such statement upon confirmation, Special 6. Agency reserves the right to terminate thg services of Special Counsel, without further liability for the payment of fees for services rendered, upon written notice to Special Counsel. Special Counsel shall have the right to terminate the services to be performed under this Agreement upon fur- nishing the Agency such time as is reasonably necessary to obtain a fully qualified party or parties to furnish the services otherwise contemplated herein of Special Counsel. 7. Compensation for services rendered by Special Counsel shall be based on the followin? schedule: 2. Hourly Area of Attorney Rates Expertise Thomas P. Clark, Jr. $ 75.00 Redevelopment, Finance John J. Murphy 75.00 Redevelopment, , Finance Fritz R. Stradling 100.00 Redevelopment, Finance M. Stephen Coontz 80.00 Litigation Richard Goodman 80.00 Litigation Special Counsel may, from time to time, request mod- iciations of the aforesaid schedule; provided that no such modifications shall be effective unless and until approved by the Agency. Special Counsel shall render advice and assistance upon request, in connection with redevelopment finance based on the above schedule; provided, however, in the event Agency de- sires to employ Special Counsel as Bond Counsel, Special Counsel. will provide a then current fee schedule and Agreement. informational purposes, Attorneys' cu-rrent fee schedule €or tax For allocation bonds is as follows: Total Amount of Bonds Authorized Fee - $1,000,000 to $5,000,000 $3,625 plus $1.50 per thousand on excess over $1,000,000 $5,000,000 to $10,000,000 $9,625 plus 75 cents per thousand on excess over $5,000,000 3. I Over $10,000,000 .. . $13,375 plus 50 cents per thousand on excess over $10,000,000 8. This Agreement shall in no way be a limitation on the right and/or authority of the City Attorney to participate in and remain active in all stages of the services authorized under this Agreement. Unless otherwise indicated to Special Counsel by Agency, Special Counsel shall furnish the City Attorney with copies of all documentation created in connection with the services to be provided hereunder. The parties hereto have caused this Agreement to be executed as of the day and year first above written. CAFUSBAD REDEVELOPMENT AGENCY Secretary APPROVED AS TO FORY Chairman STRADLING, YOCCA, CAPLSON & RAUTH 4.