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HomeMy WebLinkAbout1986-07-22; City Council; Resolution 8700RESOLUTION NO. 8700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A BOND COUNSEL AGREEMENT BETWEEN THE CITY AND STRADLING, YOCCA, CARLSON & RAUTH FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE ACQUISITION OF HOSP GROVE The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain bond counsel agreement between the Cit! of Carlsbad and Stradling, Yocca, Carlson & Rauth for the issuance of general obligation bonds for the acquisition of Hosp Grove, marked Exhibit A and made a part hereof, is hereby approved. 2. 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 thc City Council of the City of Carlsbad, California, held on the 2 2nd day of July , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin and Pettine NOES: None ABSENT : Council Member Chick MARY H. #ASLER, Mayor ATTEST: aae7t-xd, 2.. ALETHA L. RAUTENKRANZ, City CJerk BOND COUNSEL AGREEMENT (PARK BONDS) THIS AGREEMENT, rnade and entered into this 23& day of J-UL Y , 1986, by and between the CITY OF CARLSBAD, a municipal corporation ( “City” ), and STLPADLING, YOCCA, CARLSON & RAUTtI, a Professional Corporation (“Bond Counsel”) : W I T N E S S E T 11: ---------- A. City desires to finance the acquisition of a park and open space land by the issuance of general obligation bonds of t’ne City. The estimated amount of the construction cost is $5,950,000. 3. Ciry desires to retain Bond Counsel to do t’ne necessary legal work hereinafter outlined upon the terns and condi ti o ns her e in s et f o i^ th . NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree dS fOl~OWS: 1. Zity employs 3ond Counsel ta furnish legal services herein set forth and Bond Counsel agrees to furnish said legal services. Bond Counsel agrees to consult dith and advise the City officials and its financial consultants as to the Sest Legal method of accomplishing the objectives of the City as set forth in the recitals hereof. 2. Bond Counsel will give general advise regarding the bond election, prepare the documents necessary to call the bond election and the canvass of the results. E3ond Counsel will prepare all documents to provide for the issuance and sale of the bonds, review the official statement, conduct the bond closing, and issue a legal approving opinion to the purchasers of the bonds. 3. For the services to be rendered under this Agreement, the City agrees to pay a fee based on the following schedule: Amount of Bonds To Be Issued Fee - $5,000,000 to $10,000,000 $15,000 plus .3 of 1% on the excess aver $5,000,000 The foregoing fee will be paid following delivery of the bonds. In addition to the foregoing, Bond Counsel shall be reiinbilrsed for any out-of-pocket expenses incurred by it in tile cwrse of this employment, such as printing costs, filing fees, word processing time, reproduction of documents, messeng'zr services, long distance telephone calls, travel outside of Southern California at the request of the City, and si:niiar itsms. In the event Bond Counsel is requested to perform additional work outside of its services as Bond Counsel, 3ond Counsel will be paid additional compensation therefor at the hourly rate of the attorney performing such services; provided, -2- . however, there shall be no additional compensation due Bond Counsel under this paragraph without the prior approval of the City. Should the election fail or bonds not be issued, tne City will pay Bond Counsel a fee with respect to the abandoned proceedings based on the hourly rate of the attorney performing services prior to abandonment, but not to exceed the minimum Eee hereinabove set forth. 4. Bond Counsel nay, from time to interests adverse to the City. Bond Coi time, have nsel reser clients with res the right to represent said clients except on matters relating to the issuance and sale of the bonds described herein. IN NITNESS WHEREOF, as of the date first hereinabove written, the City has caused this instrument to be executed by the :,layor and attested by the City Clerk; and Bond Counsel has caused this instrument to be executed on its behalf. wry OF CARLSBAD ! Mayor ATTEST : STIIADLING, YOCCA, CARLSON b RAUTX A Professional Corpor3tion 2249k/2062/ - -3-