HomeMy WebLinkAbout1995-12-05; City Council; 13412; Brown, Diven & Hentschke Agreement ApprovalCIW OF CARLSBAD - AGEMA BILL 40 lpf ./
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1TG. 12-5- 95 DEPT. HD. TITLE:
SPECIAL COUNSEL FOR LEGAL SERVICES REPRESENTING CITY IN COLLECTION OF DELINQUENT ASSESSMENTS AND SPECIAL TAXES
CITY AT
>Em. CA CITY MGR. 95
VECOMMENDED ACTION:
Adopt Resolution No. 95-.335 authorizing the Mayor to execute the
Special Counsel Agreement (attached) for legal services with the law firm of Brown, Diven & Hentschke.
ITEM EXPLANATION
The law firm of Brown, Diven and Hentschke has successfully represented the City of Carlsbad for a number of years. It possesses the unique skills and knowledge required to deliver advice in this specialized area. Brown, Diven & Hentschke possesses the experience and background to provide legal assistance in connection with the complex and extensive legal documents and agreements for the collection of delinquent assessments and special
taxes including the initiation and prosecution of judicial foreclosure proceedings. This firm will provide the necessary
timely prepare such documents and agreements.
assistance to the City Attorney's office to thoroughly review and
FISCAL IMPACT
Services will be provided as needed at the direction and under the
hour. The exact cost of these services will depend on the time
supervision of the City Attorney's office at the rate of $125 per
required for preparation, review and approval of the numerous legal
documents anticipated in connection with future discretionary and
legislative approvals.
EXHIBITS
Resolution No. 95-335
Agreement
RESOLUTION NO. 95-335
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT FOR LEGAL SERVICES WITH THE LAW FIRM OF BROWN, DIVEN & HENTSCHKE FOR THE COLLECTION OF DELINQUENT ASSESSMENTS AND SPECIAL TAXES AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT.
Whereas the City Council of the City of Carlsbad,
California, does hereby resolve as follows:
1. That certain agreement for legal services with the
law firm of Brown, Diven .& Hentschke for the collection of
delinquent assessments and special taxes is hereby approved.
2. There are sufficient resources in the City's general
fund to pay for these services.
3. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on behalf
of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Regular Meeting Of the
City Council of the City of Carlsbad on the 5th day of DECEMBER
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT : Council Member Kulchin
ATTEST :
SPECIAL COUNSEL AGREEMENT
1. The undersigned, City of Carlsbad, ("City") hereby engages Brown, Diven &
Hentschke ("Brown, Diven & Hentschke") to perform the legal services, with respect to
representation of the City in the collection of delinquent assessments and special taxes including,
where necessary, the initiation and prosecution of judicial foreclosure proceedings, on the terms
and conditions set forth herein. The scope of such legal services may be expanded or contracted
by written or oral communications confirmed in writing during the course of the engagement.
Brown, Diven & Hentschke will provide services under the supervision of the City Attorney and
will submit all bills and invoices to him for approval and associate with him on all cases.
2. Warren B. Diven will be the Brown, Diven & Hentschke lawyer in charge of this
engagement and responsible for all matters subject to this agreement. Mr. Diven will be assisted
by Celia A. Brewer znd Robert E. Xesse!l. Daniel S. IIentschke will reprcsent the City in &~y
foreclosure trial and provide litigation support. All legal services will be compensated at the rate
of $125.00 per hour for attorneys of the firm.
3. Unless a different billing period is agreed upon with the City, Brown, Diven &
Hentschke will render a statement as to both fees and disbursements not previously reimbursed
upon the earlier of the collection of the delinquent assessments or special taxes, termination of
a specific foreclosure action or termination of the firm as legal counsel in connection with the
collections. The statement shall be payable upon receipt. In the event of a failed sale of
property, Brown, Diven & Hentschke's court awarded attorneys fees shall become due and
payable. Brown, Diven & Hentschke will continue to represent the City in the action at the
same rate on an hourly basis to be billed monthly.
4. The City shall provide the necessary litigation guarantee, or in the alternative,
Brown, Diven & Hentschke will at the request of the City obtain the litigation guarantee and
upon receipt immediately bill the City for such expense, such bill to be payable upon receipt.
In addition, in the event the parcel goes to foreclosure sale, the levying officer's costs shall be
paid by the City, although such sums may at the request of the City be advanced by Brown,
Diven & Hentschke and billed to the City for immediate payment.
5. The City shall bear the ordinary costs reasonably necessary for the representation
to be provided hereunder, including, but not limited to, fees for process servers, document
service and recording, certification of documents, investigation, court filing fees, court reporters,
deposition transcripts, computerized research and other computerized services, extraordinary
postage, air freight, overnight delivery and messenger services. These will be billed with
attorneys fees as set forth in paragraph 3 above.
6. Brown, Diven & Hentschke hereby undertakes to diligently perform legal services
described above. Although Brown, Diven & Hentschke will perform its professional services
on the City's behalf to the best of its attorneys abilities, it cannot make and has not made any
guarantees regarding the outcome. Expressions about the outcome of the matter are professional
estimates only, and are limited by the knowledge at the time those expressions are made.
7. The City, and its respective departments, officers and employees shall provide to
Brown, Diven & Hentschke any and all information which may be reasonably necessary for the
performance of Brown, Diven & Hentschke’s responsibilities, its cooperation in any fashion with
Brown, Diven & Hentschke to perform its responsibilities and to comply with covenants and
conditions contained therein.
8. This fee agreement may be executed in counterparts, which together will constitute
the entire agreement.
BROWN, DIVEN & HENTSCHKE
DATED:& %7 9s By:
WARREN B. DIVEN
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