HomeMy WebLinkAbout1989-148
1 RESOLUTION NO. 89-148
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BEST, BEST & KRIEGER RELATING TO
3 PROVIDING BOND COUNSEL SERVICES FOR THE VERDEMONT AREA IMPROVE-
MENT DISTRICT, ASSESSMENT DISTRICT NO. 987.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor is hereby authorized and directed
7 to execute on behalf of said City an Agreement for Legal Services
8 with Best, Best & Krieger for providing bound counsel services
9 for the Verdemont Area Improvement District, Assessment District
10 No. 987, a copy of which is attached hereto marked Exhibit "A",
11 and incorporated herein by reference as fully as though set forth
12 at length.
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SECTION 2.
This resolution is rescinded if the parties
14 to the Agreement for Legal Services fail to execute it wi thin
15 sixty (60) days of the passage of this resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a regular meeting thereof, held on the
19 15th day of Mav , 1989, by the following vote, to-wit:
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4/24/89 day of
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AYES: Council Members Estrada, Flores, Maudsley, Minor,
Pope-Ludlam
NAYS:
None
ABSENT:
Council Members Reilly. Miller
~~$
, City Clerk
The foregoing resolution is hereby approved this /f/~
M.:iy
, 1989.
I RE80:
AUTHORIZING EXECUTION OF AGREEMENT WITH BEST, BEST, &
KRIEGER RELATING TO BOND COUNSEL SERVICES FOR ASSESSMENT
DISTRICT NO. 987.
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4 Approved as to form
and legal content:
5 James F. Penman
6 City Attorney
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4/24/89 28 - 2 -
1~?l'4
E yn Wilcox, Mayo
City of San Bernardino
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT 15 made and entered into this IflL day of
19~. by and between the CITY OF SAN BERNARDINO. a municipal
hereinafter called "City". a.nd BEST. BEST & KRIEGER. a partnership including
.
professional corporations hereinafter called "Attorneys".
1. EMPLOYMENT. The Ci ty employs the Attorneys as special counsel to the
City to assist it in conducting proceedings pursuant to the Municipal Improvement
Act of 1913. Division 12 of the Streets and Highways Code. and the Improvement
Bond Act of 1915. Division 10 of said Code. for the purpose of establishing an
assessment district. including portions of the City which will benefit from the
acquisition and construction of certain public improvements. and as bond counsel.
with respect to the issuance of bonds pursuant to the said Improvement Bond Act
of 1915, for the purpose of financing the design. acquisition and/or construction
of said public improvements and expenses incidental thereto.
2. SERVICES. The Attorneys will advise the City Attorney's Office in
regard to the proceedings for the establishment of said assessment district and
will prepare all ordinances. resolutions. notices. bond forms. and other
documents required in the proceedings. They will examine all proceedings. step-
by-step as taken, and when the bonds are issued. will issue their opinion or
opi ni ons upon the va 11 di ty thereof. They will also attend any meeti ng in whi ch
substantive action in connection with the proceedings is to be taken. The
services to be rendered by the Attorneys will not include any services in
connection with validation or condemnation suits. if such suits be filed to
validate any proceedings or for the acquisition of any property or easement
proposed to be taken. The servi ces of the Attorneys also do not incl ude
5-15-89 EXH IB IT A
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any services or opinions in connection with the writing of case contracts. any
services or opinions in connection with any proceeding subsequent to the sale of
bonds. or any services or opinions in connection with any litigation.
3. COMPENSATION. For preparation and supervision of the proceedings.
examination of each step as ~ken. and the issuance of their approving opinion on
the bonds to be issued. the Attorneys will be paid the greater of $15.000 or an
amount determined in accordance with the following schedule. The amount to which
the following schedule percentages are applied is the aggregate amount of the
face value of bonds issued to finance the improvements within the proposed
assessment district as contemplated by this agreement.
AMOUNT PERCENTAGE
$0.00 - $1.000.000. 1 1/2S
$1,000.000. - $5,000.000. 3/4 OF 11
$5.000.000. - $10.000,000. 1/2 OF IS
OVer $10.000.000. 1/4 of IS
The Attorney's fee will be payable upon the issuance of bonds. If other
services are requested by the City which are not within the scope of those
provi ded for herei n. they will be performed by the Attorneys on a ti me-basis at
the hourly rates of the Attorneys involved. In the event the bonds are not
issued. the Attorneys will be paid a reasonable fee. to be mutually agreed upon.
based upon applicable hourly rates of the Attorneys undertaking the work prior to
abandonment but in no event shall such sum exceed $15,000.
4. REIMBURSEMENT.QE EXPENSES In addition to the fees provided for above.
the Attorneys wUl be reimbursed by the City upon monthly statements for any out-
of-pocket expenses incurred by them in the course of their employment. such as
5-15-89
EXHIBIT A
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long distance telephone calls, telegrams, messenger and courier services, travel
at the request of Cit,y offic1als, duplicating, computer time, and the like. The
Attorneys will order the printing of the bonds for the account of the City. The
bills for such printing will come directly to the Cit,y and will be paid from bond
proceeds.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as
of the da te fi rst above written.
BEST, BEST & KRIEGER
JY ,,~
CITY OF SAN BERNARDINO
a mini pal corporation
ATTEST:
~~~
ti ty C er
APPROVED AS TO FORM
and LEGAL CONTENT:
James F. Penman,
Ci Attorney
By:
5-15-89
EXHIBIT A
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