The URL can be used to link to this page

Home My WebLink About1989-03-07; City Council; 9893; CONSULTANT AGREEMENT FOR COMMUNITY FACILITIES DISTRICTSb -- AB# say3 TITLE MTG. 03/07/89 CONSULTANT AGREEMENT FOR DEPT.- COMMUNITY FACILITIES DISTRICTS DEI CIT CIT q. *1 # ,, ca g 0 ea= Q 3 .. z 0 6 a =! 0 z 3 0 0 OF CARLSBAD - AGENW BILL ' ,4"h Y RECOMMENDED ACTION: Adopt Resolution No.%? -69' approving the a Special Counsel Agree] the Law Office of Brown and Diven for legal services in processing ( Facilities Districts. ITEM EXPLANATION: On January 10, 1989 Council directed staff to investigate the use of Facilities District (Mello-Roos) as a means to implement the City Management Plan and to hire appropriate consultants to assist. Cou authorized the transfer of $75,000.00 for this purpose. Staff has negotiated an Agreement with the Law Offices of Brown and legal services in connection with these districts. These services arf parts: 1. Feasi bi 1 i ty Study - maki ng recommendat i ons re1 at i ng to 2. feasibility, legal proceedings, etc. Formation of District-preparation of notices and other docume 1 egal opinion. 3, Bond Counsel - preparation of resolution, review of bond for FISCAL IMPACT: The feasibility study services will be done on an hourly basis not $10,000 and will be paid for by the City. The formation of district a lump sum around of $2,500 each and may initially be paid for by thc will be reimbursed by developers upon the confirmation of each distv Bond Counsel services are only payable upon the successful comple district and will be paid from bond sale proceeds. Sufficient money has been previously authorized and is available i number 001-840-1310-2479 for these services. EXHIBIT: 1. Resol ution No. w- (99 approving a Speci a1 Counsel Agreemen. Law Office of Brown and Diven for legal services in processing Facilities Districts. 28 Syec;ec ~ouhs=~.. ngreewe,,-j-- .. J 1 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 RESOLUTION NO. 89-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL COUNSEL AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE LAW OFFICES OF BROWN AND DIVEN FOR LEGAL SERVICES IN PROCESSING COMMUNITY FACILITIES DISTRICTS. The City Council of the City of Carlsbad, California does he1 as follows: 1. That the Special Counsel Agreement between the City of 1 the Law Offices of Brown and Diven for legal services is processii FAcilities Districts is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized to execute such Agreement for and on behalf of the City of Carlsbad 3. Sufficient funds are available in Account Number 001-8 for these services. PASSED, APPROVED AND ADOPTED at a regular meeting of the C, Council held on the 7th day of March , 1989 by the follow wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaus NOES! None ABSENT: None &/A CLAUDE A. LEWIS, Mayor ATTEST: oAzdx4- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) * 0 SPECIAL COUNSEZ AGREEMENT THIS AGREEMENT is made and entered into this /'a day of (75.trrr- by and between the CITY OF CARLSBAD, CALIFORNIA, a public corporation (herc referred to as "City"), and BROWN & DIVEN, (hereinafter referred to as "Counsq NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as folll Counsel shall perform legal services in connection with the proposed st financing and related bond issuances in the matter of a proposed project or (hereinafter referred to as the "District") under proceedings conducted pur the provisions of the "Mello-Roos Conununity Facilities Act of 1982", being 2.5, Part I, Division 2, Title 5 of the Government Code of the State of Calif SECTION 1. SAID SERVICES ARE TO BE PROVIDED IN THREE PARTS: PART I. FEASIBILITY STUDY A. Services by Counsel shall include the following: 1. Review of any prepared documentation and reports relatin - -- project ; 2. Attendance at meetings, as required; 3. Assist in preliminary study relating to financing feasibj 4. Make recommendations as to legal proceedings for pur financing. 5. All other services necessary for any preliminary detei and report relating to the financing alternates an feasibility of the project; B. Counsel shall be paid a fee for services relating to the FEi STUDY based upon an hourly rate of $125.00 per hour, not 1 $10,000.00. PART 11. FORMATION OF DISTRICT A. Services by Counsel shall include the following: 1. Preparation of all resolutions, notices, contracts, bl and other papers and documents required in the proceedi 2. Examination of the proceedings, step by step, as taken; 3. Appear at all hearings under the proceedings, and a. meeting where attendance is required; 4. Review the "Report" of the Engineer as it relate proceedings for the District; 5. Review and examine the map and other data showing the boundaries of the District; 2 * e- i 6. Review the method and formula utilized by the Engineer apportionment of the assessment or tax; 7. Assist in any election procedure processing, as nc and/or required; 8. Instruction and advice in connection with any of the forc B. Counsel shall be paid a fee for services for FORMATION OF 1 generally as follows: (1) Upon a successful election, Counsel shall be paid a fe amount of $2,500.00 per District. (2) In the event the proceedings are terminated or abanc any time, Counsel shall be paid a reasonable fee for rendered to date based upon an hourly rate of $12: hour, not to exceed $1,000.00. PART 111. BOND COUNSEL SERVICES A. Services by Counsel shall include the following: . 1. Preparation of all resolutions, notices, review of bo and other papers and documents required in the proceedin 2. Examination of the proceedings, step by step, as taken; 3. Appear at all hearings under the proceedings, and at meeting where attendance is required; 4. Make recommendations as to sale of bonds, as required. 5. Instruction and advice in connection with any of the foi 6. Issuance of an approving legal opinion attesting validity of the proceedings and the issuance of the bonc 7. Any and all other customary proceedings relating to tk tion of the District and the issuance of bonds. B. Counsel shall be paid a fee computed on the final amount of issue, all due and payable upon the issuance and delivery bonds, and/or any series thereof, as follows: ONE-HALF PERCENT (1/2%) on the first $7,500,000; ONE-QUARTER PERCENT (1/4%) from $7,500,001 to $15,000,000; ONE-EIGHTH PERCENT (1/8%) on the balance thereof. SECTION 2. The fees specified above do not include any services in connec the acquisition, by contract or condemnation, of any easements property necessary for the District, or any services in connec any proceedings for validation of any proceedings or in connec any other litigation. / 4 '! e 0 At the request of the City, Counsel will represent it in an matters relating to said project, including, but not limited following : A. Environmental proceedings; B. Acquisition of property by condemnation; C. Litigation challenging the validity of the proceedings; D. Validation proceedings [Flat fee of $2,000.001. Counsel will perform all of the above services at a rate to be agreed upon before any work is actually performed, and Counc agree that an agreement would be provided for any services desire SECTION 3. This Agreement contemplates that Counsel shall pay all ordinary pocket expenses incurred, including travel, telephone and copy, only expenses to be billed to City would be extraordinary m and/or overnight mail delivery services. -1 SECTION 4. That the City shall furnish to Counsel such maps, record! thereof, as are available and may be reasonably required by Co searches and other documents and proceedings, or certifiec the performance of the services hereunder. -- I SECTION 5. Counsel hereby states that it does not represent clients with interests as it relates to the issuance and sale of the bc financing this District. SECTION 6. That this Agreement may be terminated by either party hereto by written notice thereof to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ex€ the day and year first hereinabove written. CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST : ./PAL CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA