HomeMy WebLinkAboutF. MacKenzie Brown; 1979-06-05;SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of
June, 1 979 , by and between the
CITY OF CARLSBAD
California, a public corporation (hereinafter referred to as "Agency")
and F. MACKENZIE BROWN, Attorney at Law (hereinafter referred to as
"Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties here-
to as follows:
SECTION 1. That Counsel shall perform legal services in connec-
tion with the proposed assessment proceedings and bond
issuance in the matter of a proposed special assess-
ment district known and designated as
ASSESSMENT DISTRICT NO. 79-1
[BRISTOL COVE ASSESSMENT DISTRICT]
(hereinafter referred to as the "Assessment District").
under proceedings conducted either pursuant to the
"Municipal Improvement Act of 1913", being Division 12
of the Streets and Highways Code of the State of Cali-
fornia, or pursuant to the "Improvement Act of 1911",
being Division 7 of said Code, and to be financed by
bonds issued either pursuant to the terms and provisions
of the "Improvement Bond Act of 1915", being Division 10
of the Streets and Highways Code of the State of Cali-
fornia, or pursuant to the "Improvement Act of 1911",
being Division 7 of said Code.
Said services shall include:
A. Review of the dedication and acquisition of
the streets and easements or other property
in which proposed work is to be located;
B. Examination of the plans and specifications
for the proposed work, the boundary map and
assessment diagram of the Assessment District,
the assessment roll and diagram, bonds, and
the giving of instructions and advice in con-
nection with the foregoing;
C. Recommendations as to procedure and actions
. that should be conducted;
D. Preparation of all resolutions, notices,
contracts, bond forms, and other papers and
documents required in the proceedings;
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E. Examination of the proceedings, step by step,
as taken;
F. Appear at all hearings under the proceedings
and attend any meeting where attendance is
requested;
G. Issuance of an unqualified legal opinion
attesting to the validity of the proceedings
and the issuance of the bonds.
Such legal services shall not include any services in
connection with the acquisition, by agreement or con-
demnation, of any easements or other interests in real
property necessary for the proposed improvements.
SECTION 2. That the Agency shall perform as follows:
A. Furnish to Counsel such maps, records, title
searches, and other documents and proceedings
or certified copies thereof, as may be reason-
ably required by Counsel in the performance of
the services hereunder;
B. Pay to Counsel a fee equal to two percent (2%)
of the actual cost of construction and of all
land or easement acquisition costs, exclusive of
all other incidental costs and expenses;
C. Payment of any extraordinary out-of-pocket costs
and expenses relating to the proceedings, includ-
ing but not limited to costs of publication,
notice, or duplication proceedings;
D. Payment of the above-referenced fee shall be as
follows:
1. "Improvement Act of 1911," one-half of the
estimated fee is payable upon the signing
of the Construction Contract; the balance
is due upon recordation of the assessment
roll;
2. "Municipal Improvement Act of 1913," the
fee is all due and payable upon receipt of
money from the sale of bonds.
In the event the proceedings are terminated or aban-
doned, prior to the confirmation of the assessment,
or this agreement is terminated before completion
thereof, Counsel shall be paid a reasonable fee for
all services rendered to such time based on an hourly
rate of $75.00 per hour. In cases where the proceed-
ings are abandoned upon the conclusion of the hearing
required under the Special Assessment Investigation,
Limitation, and Majority Protest Act of 1931, the fee
shall not exceed the amount of $2,500.00. If the pro-
ceedings are abandoned upon the conclusion of the
hearing in connection with the ordering of the works
of improvements, said fee shall not exceed the amount
of $3,500.00. This Paragraph can be amended and modi-
fied by mutual agreement of Counsel and Agency.
That the above legal fees are legally chargeable as
an incidental expense to the proceedings and are not
a direct obligation of the Agency.
SECTION 3."
SECTION 4,
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SECTION 5.That this Agreement may be terminated by either
party hereto by mailing written notice thereof
to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day and year first hereinabove written.
"AGENCY"
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
F .(/MACKENiZ IE
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