HomeMy WebLinkAbout1979-01-16; Carlsbad Redevelopment Agency; Resolution 61
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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.