HomeMy WebLinkAbout1991-356
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RESOLUTION NO. 91-356
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF AN AGREEMENT WITH BROWN, HARPER, BURNS & HENTSCHKE FOR
COUNSEL SERVICES FOR THE CAJON BOULEVARD AND LINDEN PEPPER DRIVE
ACQUISITION ASSESSMENT DISTRICT NO. 1003.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
THE
BOND
AREA
SECTION 1. The Mayor is hereby authorized and directed to execute
on behalf of said City an Agreement for Bond Counsel Services with the firm
8 of Brown, Harper, Burns & Hentschke for the Cajon Boulevard and Pepper
9 Linden Drive Area Acquisition District, Assessment District No. 1003, a copy
10 of which is attached hereto marked Exhibit "A," and incorporated herein by
11 reference as fully as though set forth at length.
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SECTION 2.
This resolution is rescinded if the parties to the
13 Agreement for Investment Banking Services fail to execute it within sixty
14 (60) days of the passage of this resolution.
15 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
16 the Mayor and Common Council of the City of San Bernardino at a
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20 ESTRADA
meeting thereof held on the
5th
day
reaular
of
AUfju!;,t:
, 19~, by the following vote, to-wit:
Council Members:
AYES
NAYES
ABSTAIN ABSENT
x
21 REILLY
22 HERNANDEZ
23 MAUDSLEY
24 MINOR
25 POPE-LUDLAM
26 MILLER
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~..dc.L ~~
City Clerk
07-15-91
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH' BROWN, HARPER,
BURNS '& HENTSCHKE FOR INVESTMENT BOND COUNSEL SERVICES RELATIVE TO
ASSESSMENT DISTRICT NO, 1003
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8 Approved as to form
and legal content:
The foregoing resolution is hereby approved this 7th
day of
August
,19~
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JAMES F. PENMAN,
City Attorney ~
By: ~f-' ~~
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07-15-91
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Res. 91-356
SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this 7th day of
1991, by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a
(hereinafter referred to as "City"), and BROWN, HARPER, BURNS &
after referred to as "Counsell!).
Auaust
public corporation
HENTSCHKE (herein-
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION L That Counsel shall perform legal services in connection with the pro-
posed assessment proceedings and bond issuance in the matter of a
proposed special assessment district known and designated as ASSESSMENT
DISTRICT NO. 1003 (hereinafter referred to as the "Assessment District")
under proceedings conducted pursuant to the provisions 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 ease-
ments and other property in which work is proposed to be performed;
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 bonds, and the giving of instructions and
advice in connection with the foregoing;
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 proceedings;
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;
H. Perform 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;
I. 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.
SECTION 2. 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 computed on the confirmed assessment as
follows:
ONE PERCENT (1%) of the first $1,500,000;
ONE-HALF PERCENT (1/2%) from $1,500,001 to $7,500,000;
ONE-QUARTER PERCENT (1/4%) from $7,500,001 to $15,000,000;
ONE-EIGHTH PERCENT (1/8%) on the balance thereof.
C. Payment of either of the above-referenced fees shall be as follows:
All due and payable upon receipt of money from the sale and delivery
of bonds and/or notes to the successful underwriter.
SECTION 3. Counsel hereby states that it does not represent clients with adverse
interests as it relates to the issuance and sale of the bonds for
financing this Assessment Distr~ct.
SECTION 4. This Agreement contemplates that Counsel shall pay all ordinary out-of-
pocket expenses incurred, including travel, telephone and copy, and the
only expenses to be billed to City would be extraordinary messenger
and/or overnight mail delivery services.
SECTION 5. That this Agreement may be terminated by either party hereto by mailing
written notice thereof to the other party involved by certified mail to
the following address:
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
BROWN, HARPER, BURNS & HENTSCHKE
12770 High Bluff Dr., #240
San Diego, CA 92130
SECTION 6. This Agreement may not be amended except upon the express written agree-
ment of the parties hereto.
SECTION 7. This Agreement and any documents or instruments attached hereto or
referred to herein integrate all terms and conditions mentioned herein
or incidental hereto, and supercede all negotiations and prior writing
in respect to the subject matter hereof. In the event of conflict
between the terms, conditions or provisions of this Agreement and any
such document or instrument, the terms and conditions of this Agreement
shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first hereinabove written.
"CITY"
(;UG 7 - 1991
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CITY LERK r
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
By:
F