Loading...
HomeMy WebLinkAboutReso 1985-11967 RESOLUTION NO. 11967 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND F. MacKENZIE BROWN, INC. TO PROVIDE LEGAL SERVICES FOR PROPOSED ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) 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 Assessment District No. 85-1 (Las Flores Drive) dated the 19th day of March , 198 5 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $6,000 is hereby authorized to be expended from Account 600-6000-RC04 - 1911 Act Revolving Fund for said legal services. BE IT FURTHER Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by irector of Engineer ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 19th day of March 85 19 . by the following vote, to-wit: Moore, Malcolm, McCandliss, Scott AYES; Councilmen : NAYES: Councilmen: ABSTAIN: CoIxIcilmen : ABSENT: Councilmen : None None Mayor Cox da-Jc~ MAYOR PRO TEMPORE ATTEtkuub 'i7Jf/u ~ City Cler STATE OF CALIFORNIA ) COUNTY OF SAN DEGO ) s s. 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and foregoing is a full, true and correct copy of RESOLUTION NO. 1196 7 ,and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 - MpT SPECIAL COUNSEL AGREEMENT THIS AGREEMENT is made and entered into thi s 19th day of March , 1985, by and between the CITY OF CHULA VISTA, CALIFORNIA, 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 foll ows: 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 ASSESSMENT OISTRICT NO. 85-1 (LAS FLORES DRIVE) (herei nafter referred to as the "Assessment Di stri ct" ) under p,roceedi ngs conducted pursuant to the provi si ons of the 'Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. 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 performed; B. Exami nati on of the plans and speci fi cati ons for the proposed work, the boundary map and assessment diagram of the Assessment District, the assessment roll and bonds, and the gi vi ng of i nstructi ons and advi ce in connecti on wi th the foregoi ng; C. Recommendations as to procedure, schedules and actions that should be conducted and taken; D. Preparation of all resolutions, notices, contracts, bond forms, and other papers and documents required in the proceedi ngs; 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. Make recommendations as to sale of bonds, if desired; R-11967 SECTION 2. SECTION 3. SECTION 4. H. Perfonn legal services, if required, pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California; 1. 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. 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 perfonnance of this Agreement; all such materials and documents shall be the property of the City. That the City shall perfonn 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 perfonnance of the services hereunder: B. Pay to Counsel a fee computed on the confi nned assessment as follows: TWO PERCENT (2%) of the first $300,000; ONE PERCENT (1%) from $300,001 to $1,500,000; ONE-HALF PERCENT (.50%) on the balance thereof. 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. Indemnity: Counsel agrees to indemnify and save City and its agents and employees hannless from any and all liability, claims, damages or injuries to any person, including injury to Counsel's employees and all cl aims which ari se from or are connected with the negligent perfonnance of or failure to perfonn 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 hannless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. - 2 - ,) ~-\\q'" SECTION 5. In the event the proceedi ngs are tenni nated or abandoned pri or 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 $6,000.00; however, if the proceedings are abandoned prior to or at the time of a public hearing authorized by Article XIV, Section 19 of the California Constitution, said fee shall not exceed $2,000.00. SECTION 6. That this Agreement may be tenninated 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. "CITY" CITY OF CHULA VISTA BY' ~ 1 ~ ~~~ OF C ULI\ VISTA STATE OF CALIFORNIA ATTEST: lrff~/' 1/;q;./~ CITY OF CHULA VISTA STATE OF CALIFORNIA /,") "COUN.)El"""" F. MACKENPEBROWN, INC. _~___} '" '1 "".--- /./ "~'~i > " / By..' ," &-<. .F.~CKENZIE BRO~' WPC 1440E - 3 - \.:\ \\0\ 'Y'