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HomeMy WebLinkAbout1995-12-05; City Council; 13412; Brown, Diven & Hentschke Agreement ApprovalCIW OF CARLSBAD - AGEMA BILL 40 lpf ./ \B Y 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 2