HomeMy WebLinkAbout1986-03-25; City Council; 8236-1; PARK DRIVE ASSESSMENT DISTRICT 86-4 PROJECT 3192-.
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AB# f23 43 -*/ TITLE: DEP MTG. 03/25/86 PARK DRIVE ASSESSMENT DISTRICT CITY 86-4 PROJECT 3192 DEPTFNG CIT7
RECOMMENDED ACTION:
By motion adopt Resolution No. KYtpr Adopting Boundary Ma]
86-4.
By motion adopt Resolution No. rq4% Making Appointments <
approving a Special Council Agreementyith F. Mackenzie Browi for legal services.
By motion adopt Resolution No. 8y63 II Ordering Installatio of Improvements.
ITEM EXPLANATION:
Council directed stafE on July 7, 1985 (Agenda Bill No, 8236
to prepare documents to establish Park Drive Assessment
District. The Engineering Department has retained Willdan
Associates as Assessment Engineer for this project. Plans a
Specifications have been prepared to improve Park Drive froio
Cove Drive to approximately 920 Feet East, Six of the seven
properties within the proposed District are obligated to participate as they have signed future improvement agreement In order that improvements can be installed in a uniform manner, the remaining parcel will become a part of the District.
Project 3216, Park Drive at Marina has also been designed ar will be constructed jointly with the Assessment District.
Costs for each of these projects will be accounted €or
separately.
will only pay for improvements affecting their property.
FISCAL IMPACT:
Assessment District construction costs at this time are estimated to be $185,475. Council has previously budgeted
$15,000 for the Engineering costs only. Total project cost:
will be paid for by the property owners from the sale of
Bonds.
EXHIBITS:
1. Location Map 2. Order of Procedure 3. Resolution No. fqhf I Adopting boundary Map 86-4 4. Resolution NO. 62 making Appointments 5. Resolution No. ;$&3 Ordering Installation of Imp roveme nt s 6, Notice to Construct Improvements 7. Legal Notice 8. Certificate of Compliance 9. Boundary Map 86-4
10. Special Council Agreement with F. Mackenzie Brown
Property owners within the Assessment District
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t LOCATION MAP
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LEGEND
ASSESSMENT DISTRICT 86-4 ~~l~ll~llllllllull~lllllllllll BOU N DA R y , p RO J E C T 3 1 9 2
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PARK DRIVE AT MARINA DRIVE
IMPROVEMENTS, PROJECT 3216
vcm MA
N. 1. E.
L r PROJ- NO- C
3192 8 PRoJECT NRME PARK DR. ASSESSMENT DISTRICT
PARK DR. AT MARINA DR. IMPROVEMENTS 3216 .
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ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)
DATE OF MEETING: MARCH ia, 1986
STAFF: A. General presentation of extent of woi
improvement as proposed to be constructed.
B . Gener a1 present at i on of proposed bounda showing parcels proposed to be assessed.
CITY COUNCIL: Adopt RESOLUTION ADOPTING MAP.
CITY COUNCIL: Adopt RESOLUTION MAKING APPOINTMENTS.
CITY COUNCIL: Adopt RESOLUTION ORDERING INSTALLATION AND INS’
NOTICE BE GIVEN.
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DATE OF PUBLIC HEARING: APRIL 22, 1986
PROPERTY OWNERS HAVE 60 DAYS TO ACCOMPLISH THE
WORKS OF IMPROVEMENT AFTER NOTICE IS GIVEN
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RESOLUTION NO. 8461
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MAP SHOWING THE GENERAL NATURE AND
LOCATION OF CERTAIN PUBLIC WORKS OF
IMPROVEMENT AND SHOWING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT
TO BE ASSESSED FOR SAID IMPROVEMENT
WHEREAS, the CITY COUNCIL of the CITY OF C/
CALIFORNIA, has been presented and has received a map shoi
general nature, location and extent of the proposed imp1
work, and also designating and describing the boundaries
area proposed to be assessed in an assessment district u
provisions and authority of Chapter 27 of the "Improvemen
1911", being Division 7 of the Streets and Highways Cod
State of California; said assessment district designated
ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)
(hereinafter referred to as the "Assessment District").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all 1
correct.
SECTION 2. That a map of the Assessment District
the general nature, location and extent of the proposc
improvement work, and also showing the boundaries of the
Assessment District and lands and property to be assessf
the costs and expenses of the ProDosed improvements desi
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)"
is hereby submitted, and the same is hereby approved and
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SECTION 3. That the original map of said proposed
ries of the proposed Assessment District and one copy th
to be filed in the Office of the City Clerk.
SECTION 4. A certificate shall be endorsed on the
and on at least one copy of the map of the Assessment D
evidencing the date and adoption of this Resolution, an
fifteen (15) days after the adoption of the Resolution fi
time and place of hearing on the formation or extent
Assessment District, a copy of said map shall be filed
correct and proper endorsements thereon with the County R
all in the manner and form provided for in Section 311:
Streets and Highways Code of the State of California.
PASSED, APPROVED and ADOPTED at a regular meeting
City Council held on the -25th day of March Y
the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin,Chick an
NOES: None
ABSENT: None
L- L J,b/
MARY H. VSLtR ¶ Mayor
ATTEST:
(SEAL)
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RESOLUTION NO. 8462
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS
IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CAI
is considering the formation of a special assessment d
under the provisions and authority of Chapter 27 of the I’
ment Act of 1911”, being Division 7 of the Streets and
Code of the State of California, for the construction of
authorized works of improvement, said assessment distric
known and designated as
ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)
(hereinafter referred to as the nAssessment District”); an
WHEREAS, at this time the City Council is desirous o
the required appointments and designating persons to
certain duties, in order to allow the proceedings to go fc
completion in accordance with the provisions of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
SECTION 2. That the CITY ENGINEER is hereby
appointed to perform all of the duties and function!
Superintendent of Streets for the above referenced A
District.
SECTION 3. That the place for recordation of the a
roll and diagram shall be in the Office of the Superint
Streets, and said assessment roll and diagram, upon rec
shall be kept as a permanent record.
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SECTION 4. That WILLDAN ASSOCIATES is hereby appoi
the ENGINEER OF WORK for purposes of preparation of plans,
fications, assessment roll and diagram, and all othei
related to these proceedings for this Assessment District.
SECTION 5. That F. MACKENZIE BROWN, INC., Attorneys
is hereby appointed as Special Counsel for the purpi
preparing proceedings and issuing an approving opinion a'
to the validity of the proceedings and the enforceabillitj
bonds, pursuant to the terms and conditions of a Special
Agreement submitted herewith, which Agreement is hereby
and approved by execution by the Mayor and City Clerk.
PASSED, APPROVED and ADOPTED at a regular meeting of
Council held on the 25th day of March , 1986
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Petti
NOES: None
ABSENT: None
L. ' L @&L MARY CASgtR, Mayor
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RESOLUTION NO. 8463
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ORDERING
THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN A BLOCK, AND
INSTRUCTING THE SUPERINTENDENT OF STREETS
TO GIVE NOTICE AND ORDER THE CONSTRUCTION OF SAID IMPROVEMENT
WHEREAS, the CITY COUNCIL of the CITY OF C
CALIFORNIA, is desirous to institute proceedings pursuan.
provisions of Chapter 27 of the "Improvement Act of 1911
Division 7 of the Streets and Highways Code of the :
California, for the construction of certain authorized
ments in a special assessment district known and designat
ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)
(hereinafter referred to as the "Assessment District); ar
WHEREAS, Sections 5875 and 5876 of said Streets and
Code authorize the legislative body, upon its own mo
order the installation of authorized improvements in
properties with the costs thereon to be assessed as s
under the provisions of said Chapter 27.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all
correct.
DESCRIPTION OF IMPROVEMENT
SECTION 2. That the public interest and co
requires, and this leqislative body hereby orders the
tion and installation of certain public improvements, as
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Construction of approximately 934 lineal feet 0'
gutter and sidewalk (5 foot wide), installation of I
driveways, instal lation of approximately 6 street
construction of an asphalt concrete roadway approximat
feet in length of varying width necessary to widen the
from the existing edge of pavement to the new curb and
located 24 feet east of the existing centerline for Pari
and related appurtenances, including but not limited to,
striping and adjustment of existing utilities to new gr
the installation of a masonry retaining wall approximate1
square feet in size.
PLANS
. SECTION 3. All of the above mentioned works of imp
shall be generally constructed at the grades, along thl
between the points, and at the places and in the manner
on the plans for said work designated by the number and
the Assessment District, which said plans are hereby appr
adopted. For all particulars as to the alignment of the
a full and detailed description, reference is hereby made
plans and specifications on file in the Office of the En<
AREA OF BENEFIT
SECTION 4. That the works of improvement, in the of
this legislative body, will benefit the abutting and
properties within said block, and this legislative bod
makes the expenses of said improvement chargeable
property or properties within the boundaries of the A
District, which District is declared to be the area and
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properties benefiting by the work and improvements.
general description of the Assessment District and
benefit, reference is made to a map of said District
approved and, said map identified by the name of number
Assessment District, and said map shall be kept on file G
transcript of these proceedings and open to public inspec
RESPONSIBILITY OF PROPERTY OWNER
SECTION 5. Pursuant to the provisions of Section
Chapter 27 of the "Improvement Act of 1911", it is
declared to be the responsibility of the owner of the
portions of lots fronting on the public street where thi
lative body, pursuant to said Section, by its own motion
the installation of the improvements, and the propert.
shall have the duty and responsibility of constructing or
the construction of said improvements in front of their
ties within sixty (60) days upon notice so to do by the
tendent of Streets. If the work is not performed by the
owners within said period, the Superintendent of Stree
proceed to cause said work to be completed.
IMPROVEMENT ACT
SECTION 6. That all of the work and improvement
proposed shall be done and carried through and financed
to the provisions of Chapter 27 of the "Improvement Act (
being Division 7 of the Streets and Highways Code of the
California. For all particulars, reference is made
"Act", and the provisions contained therein.
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PUBLIC HEARING
SECTION 7. NOTICE [s HEREBY GIVEN THAT ON TUESDAY,
DAY OF APRIL, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M.,
REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE
CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJEC
THE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE EST
HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHO'UL
DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION.
BONDS
SECTION 8. If the work is done by the City, zinc
assessment cost is not paid upon confirmation of the as:
serial bonds shall be issued in accordance with Division
Streets and Highways Cocle ("Improvement Act of 1911") t
sent each assessment of One Hundred Fifty Dollars ($15
more remaining unpaid for thirty (30) days after the
recordation of the diagram and assessment for this innpr
The serial bonds shall extend over a period not to exc
(9) YEARS from the second day of January next succeeding
September 1st following their date. The interest rate
bonds shall not exceed the current legal maximum rate of
annum. The redemption provision of said bonds shall
provide a premium of 5% of the unmatured principal if si
are redeemed prior to maturity.
NOTICE
SECTION 9. The Suplerintendent of Streets is herelby
to notify the owner or person in possession of the p
fronting on that portion of the street in the block \r
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work is to be constructed and directing them to const
cause to be constructed the improvements within sixty (t
after notice is given, and to diligently and without inte
prosecute to completion said work.
A. Notiice shall be given by delivt
written notice personally to the owner or to the pe
possession of the proplerty fronting the improvements,
mailing a postal card, postage prepaid, to the person at
known address as the same appears on the last equalized
ment roll used by the City for tax collection, or to the
address of the person owning such property as shoiwn
records of the City Clerk.
B. The Superintendent of Streets !;hi
immediately cause a copy of said notice, printed on (3
less than eight (8) inches by ten (10) inches in sIz6
posted in a conspicuous place on the property.
C. The City Clerk shall cause a cop3
proposed boundary map to be filed in the Office of th
Recorder within fifteen (15) days after the adoptioln
Resolution setting a time and place for public hearing,,
COST ESTIMATE
SECTION 10. The estimated cost of the works of ‘imt
and incidental expenses as proposed under these proceedii
foll ows:
ESTIMATED CONSTRUCTION COSTS: $130,300 .OO ESTIMATED INCIDENTAL EXPENSES: $ 55,175.00 $185,475.00 TOTAL ESTIMATED COST:
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P RCI CE E D I NGS I NQU I R I E S -
SECTION 11. For any and all information relatinq
proceedings, including information re1 ating to thle
procedure, your attention is directed to the person de
bel ow:
JEFF BUNNELL, PROJECT MANAGER
ENGINEERING DEPARTMENT
CITY OF: CARLSBAD
1200 ELM AVENUE
CARLSRAD, CA 92008
TELEPHONE: (619) 438-5692
PASSED, APPROVED and ADOPTED at a regular meeting
City Council held on the 25th day of March 9
the following vote, to w'it:
AYES: Council Members Casler, Lewis, Kulchin,
NOES: None
ABSENT : None
l?ei
LLF d,P& - MARY H. C SLER, Mayor
ATTEST: 64
ALe RAuTEWm
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(SEAL)
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NOTICE TO CONSTRUCT IMPROVEMENTS
NOTICE IS HEREBY GIVEN by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
the owner or person in possession of property fronting on a public street
construct or cause to be constructed certain pub1 ic improvements frontin property as authorized in a special assessment district pursuant to the provis Chapter 27 of the “Improvement Act of 1911”, commencing with Section 5870, et q the Streets and Highways Code of the State of California, said special ~SSI district known and designated as
ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)
NOTICE IS HEREBY FURTHER GIVEN that if said construction is not commenced
sixty (60) days after this Notice is given, and diligently and without inter
prosecuted to comDletion, the Superintendent of Streets shall cause the const
to be done and the costs of said work shall be a lien on the property.
amount is not paid upon confirmation, bonds shall be issued in accordance w
“Improvement Act of 1911” to represent each assessment of $150.00 or more re
unpaid. Said bonds shall be payable over a period not to exceed ten (10) ye
an interest rate not to exceed the current legal maximum rate of- 12% per annurr
YOTICE IS HEREBY FURTHER GIVEN THAT ON TUESDAY, THE 22ND DAY OF APRIL, 1986, HOUR OF 6:OO O‘CLOCK P.M., IN THE REG’ULAR MEETING PLACE OF THE CITY COUNCIL THE COUNCIL CHAMBERS, CITY HALL, SAID CITY COUNCIL WILL HEAR AND PASS UI OBJECTIONS OR PROTESTS WHICH MAY BE RAISED BY A PROPERTY OWNER OR OTHER IN1 PERSON LIABLE TO BE ASSESSED FOR THE COST AND INCIDENTAL EXPENSES OF CONSTIIW THE IMPROVEMENTS.
NOTICE IS HEREBY FURTHER GIVEN that the estimated cost of the works of impr as proposed herein and ordered to be dlone by the property owners is in the ar
$185,475.00. This figure represents the costs of construction and in(
expenses if the work is done by the City.
A permit is required for doing the works of improvement, and reference is madl
plans and specifications as on file with the transcript of these proceedings
particulars as to the construction details. All work and materials used
construction of imnprovements shall conform to the latest standard specificat
plans of the City.
A general description of the works of improvement is the construction of
street improvements, including curbs, gutters, sidewalks and matching
together with appurtenances and appurtenant work in a portion of PARK DRIVE.
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For any and all information relating to these proceedings, including infor
relating to the protest procedure, your attention is directed to the
designated bel ow:
RICHARD ALLEN
ENGINEERING DEPARTMENT
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-5540
DATED: , 1986.
- CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
ENCLOSED HEREIN FIND AN ABBREVIATED DESCRIPTION OF THE WORKS OF IMPROVEMENT ACCOMPLISHED BY YOU WITHIN SIXTY (60) DAYS FROM THE TIME NOTICE IS GIVEN. ENCLOSED FIND YOUR ESTIMATED ASSESSMENT. THE COST FIGURES AS INCLUDED HEREIN CONSTRUCTION AND INCIDENTAL EXPENSES ARE FIGURES DETERMINED BY THE CITY IF Tt OF IMPROVEMENT ARE TO BE PERFORMED BY THE CITY.
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[TO BE PLACED ON CITY STATIONERY]
(Date)
(Name and address of Property Owner) &
RE: ASSESSMENT DISTRICT NO. 85-4 (PARK DRIVE)
Dear Property Owner:
Enclosed herein please find your legal Notice as it relates to the proceedin the formation of a special assessment district which will allow for the complel certain public improvements, specifically those fronting your property. Upon I of the legal Notice, you have sixty (150) days to commence the construction frontage public improvements. If the construction is not commenced within skixi days, the work shall then be performed by the City.
Please note that the Notice sets forth the estimate of the costs of the impro and incidental expenses of the improvements if the work is performed by the Ci
Also note that the City Council has set a time and place for the public hearin the 22nd day of April, 1986, at 6:OO P.M., in the Council Chambers, Citj Carl sbad, CA.
If you have any questions at all regarding the proceedings, please feel 1 contact the following:
RICHARD ALLEN
ENGINEERING DEPARTMENT
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, C4 92008 TELEPHONE: (619) 438-5540
Very truly yours,
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CERTIFICATE OF COMPLIANCE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of perjury, hereby CERTIFIES that the undi
is the duly appointed, qualified and acting CITY CLERK of the CITY OF CI
CALIFORNIA.
Acting in my official capacity, I gave notice to construct improvements in a
assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)
(hereinafter referred to as the "Assessment District") in the following manine
PERSONAL SERVICE OR MAILING
-- Personal service was made on the property owners on the
1986.
day of
OR, IN 'THE ALTERNATIVE,
A copy of said Notice was mailed, postage prepaid, on the
1986, to the person in possession of said property or tothe owner thera
last known address as the same appears on the last equalized assessment
County, or as their names and addresses are known to me. A copy of said N
attached hereto.
day of
POSTING
A copy of said Notice, printed on a card not less than eight (8) inches by
of , 1986. inches in size, was posted in a conspiicuous place on the property on the .-
BOUNDARY MAP
A
A copy of the proposed boundary map of the Assessment District was fi'lec
within fifteen (15) days after the adzption of the Resolution Setting Public
Filing data is as follows:
Office of the County Recorder on the day of , '19E
EXECUTED this day of , 1986, at Carlsbad, Califomi
7 CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
EXHIBIT 8
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SPECIAL COUNSEL AGREEMENT
--! THIS AGREEMENT is made and entered into this JS+-'h day of by and between the CITY OF CARLSBAD, CALIFORNIA, a public corpora ion referred to as "City"), and F. MACKENZIE BROWN, INC., (hereinafter referred "Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follow
SECTION 1. That Counsel shall perform legal services in connection with the pr assessment proceedings and bond issuance in the matter of a pr special assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE)
(hereinafter referred to as the "Assessment District") under procc conducted pursuant to the provisions and authority of Chapter 27 "Improvement Act of 1911", being Division 7 of the Streets and Hi Code of the State of California.
Said services shall include:
A. Review of the dedication and acquisition of the streets and ea! or other property in which proposed work is to be performed;
B. Examination of the plans and specifications for the proposed the boundary map and assessment diagram of the Assessment Di: the assessment roll and bonds, and the giving of instructio advice in connection with the foregoing;
C. Recomendations as to procedure, schedules and actions that shl conducted and taken;
D. Preparation of all resolutions, notices, contracts, bond forr other papers and documents required in the proceedings;
E. Examination of the proceedings, step by step, as taken;
F. Appear at all hearings under the proceedings, and attend any
G. Make recomnendations as to sale of bonds, if desired;
H. Issuance of an approving legal opinion attesting to the vali
where attendance is requested;
the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connection w acquisition, by easement or condemnation, of any easements or interest in real property necessary for the proposed improvements, services can be provided by Counsel, by separate agreement, if de:
SECTION 2. That the City shall perform as follows:
A. Furnish to Counsel such maps, records, title searches, an documents and proceedings, or certified copies thereof, as arc able and may be reasonably required by Counsel in the perforn
the services hereunder;
EXHIBIT 10
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B. Pay to Counsel a fee computed on the confirmed assessment as fo
TWO PERCENT (2%) of the first $300,000; ONE PERCENT (1%) from $300,001 to $1,000,000; ONE-HALF PERCENT (.50%) on the balance thereof, with a minimum
$2 , 000.00.
C. Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and de of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned prior to f tion, Counsel shall be paid a reasonable fee for services rend€ date based on an hourly rate of $100.00 per hour, not to
$1,000.00.
SECTION 4. That this Agreement may be terminated by either party hereto by I written notice thereof to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exec1 the day and year first hereinabove written.
" C ITY "
CITY OF CARLSBAD STATE OF CALIFORNIA
ATTEST :
STATE OF CALIFORNIA