HomeMy WebLinkAboutReso 1986-12319 RESOLUTION NO. 12319
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BERWEEN THE CITY OF CHULA
VISTA AND F. MacKENZIE BROWN INC. TO PROVIDE LEGAL
SERVICES FOR PROPOSED 1911 BLOCK ACT DISTRICT PHASE
XVII
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and F. MacKenzie Brown
Inc. to provide legal services for proposed 1911 Act District
Phase XVII
dated the 7th day of January , 1986, a copy of which is
attached ~ and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
~City Atto~:
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 7th d~y of January
19 85 , by the following vote, to-wit:
AYES: Councilmembers Cox, Moore, Scott, McCandliss
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Counci 1 members Malcolm
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 12319 ,and that the some has not been amended or repealed.
DATED
(seal) City Clerk
SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this 7th day of January ,
1986, by and between the CITY OF CHULA VISTA,-IFA~-llrOI~NIA, a public corporation
(hereinafter referred to as "City"), and F. MACKENZIE BROWN, INC.,
(hereinafter referred to as "Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as
follows:
SECTION 1. That Counsel shall perform legal services in connection with the
proposed assessment proceedings and bond issuance in the matter
of a proposed special assessment district known and designated as
1911 BLOCK ACT PHASE XVII
(hereinafter referred to as the "Assessment District") under
proceedings conducted pursuant to the provisions of Chapter 27
of the "Improvement Act of lgll", being Division 7 of the
Streets and Highways Code of the State of California.
Said services shall include:
A. Recommendations as to procedure, schedules and actions that
should be conducted and taken;
B. Preparation of all resolutions, notices, contracts, bond
forms, and other papers and documents required in the
proceedings;
C. Examination of the proceedings, step by step, as taken;
D. Appear at all hearings under the proceedings, and attend
any meeting where attendance is requested;
E. Make recommendations as to sale of bonds, if desired;
F. Issuance of an approving 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 easement or condemnation, of any
easements or other interest in real property necessary for the
proposed improvements. These services can be provided by
Counsel, by separate agreement, if desired.
R-12319
SECTION 2. Ownership of Data, Reports, and Documents: Counsel shall
deliver to the City, as the work is completed, all materials and
documents prepared by Counsel in the performance of this
Agreement, all such materials and documents shall be the
property of the City.
SECTION 3. That the City shall perform as follows:
A. Furnish to Counsel such maps, records, title searches, and
other documents and proceedings, or certified copies
thereof, as are available and may be reasonably required by
Counsel in the performance of the services hereunder:
B. Pay to Counsel a fee $ 2,500.00 for services rendered.
C. Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and
delivery of bonds to the successful underwriter.
SECTION 4. Indemnity: Counsel agrees to indemnify and save City and its
agents and employees harmless from any and all liability,
claims, damages or injuries to any person, including injury to
Counsel's employees and all claims which arise from or are
connected with the negligent performance of or failure to
perform the work or other obligations of this agreement, or are
caused or claim to be caused by the negligent acts of Counsel,
his agents or employees, and all expenses of investigating and
defending against same; provided, however, that this
indemnification and hold harmless shall not include any claim
arising from the sole negligence or willful misconduct of the
City, its agents or employees.
SECTION 5. In the event the proceedings are terminated or abandoned prior
to completion, Counsel shall be paid a reasonable fee for
services rendered to date based on an hourly rate of $85.00 per
hour, not to exceed $1,000.00.
SECTION 6. That this Agreement may be terminated by either party hereto by
mailing written notice thereof to the other party.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first hereinabove written.
"CITY"
CITY OF CHULA VISTA
Y 'MAYO
CITY OF CHULA VISTA
STATE OF CAJ~IFORNIA
ATTEST:
C I~,T/~CLERK - -
CIq~f OF CHULA VISTA
STATE OF CALIFORNIA
'ICOUNS~
R~.N~C.
E&~A'CKEN~ E BROWN
WPC 1441E
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