HomeMy WebLinkAbout1990-138
1
IU:SOIi'llO\ NO. ~O,,::nIL.
2 ~f:S()11 !T[ON Of THE (' IT( OF SAX ElERNA~[)INO AITHOR [l [Nt; THf EXElld [UN
01 AN AGld:HiEKT 10TH (WHICE, HER~IN(;T()N ,) SUTCJ.lFFF RElXrINC; TO PfiOVIIJltil;
3 BOND COUNSEL SHV [(TS FOR nw VE~UP10N r A~EA COMMUK ITY FXC [I IT [ES D[ST~lCT,
ASSESSMENT DISTRIC1 NO. 995.
4
HE n Ilf1.;CllVED H\ I'm: 'IA\O~ AND CO~,\10N COl:,JI'!J Of THI erTY OF SA,\
5 HERNi\rllll\O .\S I'OU(I\I~;:
6
1:,; il(-"r"f'L\,\ dlll-rl()f'i?t~d ,I!lei diTPf [yrj tu ~:'.\I-::'('~lt(-'
~,F("[I()\ 1.
fhf-'
7 UlJ bf'IJdi! (,{ ~did ('ji,\ dJI \gl'j'e\flt~ii1 tui' !ygdl Sf'f'\ij({...., \.\.ith Cj'!'ii_jl~
8 Herrington fv :--;11[1'\ itte rot pn1'''-tding hond cOlln~t-'l ~f'l'vicPS for th(~ Venif'\IlUIll
9 Cnuununit) }(wilitlt,s Di,,-tI'I!i, t'\S,'-)l's<:\Int:'ld Dis1t'icl \rJ. qy:)~ ~1 IUP:\ ;d- \0.11]'(1
10 t :c:; dt-t aerier! her'f.t lJ Hldf'kf-'d F~\.h lb i.i "A, dlld itt(:\)!'poci.-tled hC~tT t n fJ,V /'!'. Ff't'('[F'"
11 as tit; i~v as thuugh set forth di 1~~lIgt:'I.
12
ThLs r'f>~;lllldLlltl 1,":' r-esc:inded if the !l,l("(\f"<:" tr ::1"
SECTION 2.
13
Agn:t~lllenl [ur I..t-~gi:1 j
>l!~I'\lCf'.s ,tii tu t'\~~l.llb' 1i V1'i1hlJ\si:\-I,I{ ((,0)
14
tbe pdssagf' at this ['{:--'so I tIt LOll.
15
16
IIEREBY ('ETtfIFY that trite> foregoing t-esolul ion wets di,l,',,' ~!cluptt~:i !I~\
17 1 It I~ M d)" 0 r rt n d C,' 0 IUlll (J tJ COUll C i] () tIlt f~ C i t ,\ () I S d lJ rho t. II d r' dill r) I! ,-j
18
!Ilt'f'tlug tllF'n-'nf, IH'ld IIf.! tlJP
lid.) '1\
____~~gylar_.
Uiti\--
19
_ _, IQqO, by ill;-' 1()1 iuwing \,cd l~, lu wi!:
n___Ap.!' t,L _ __n
20
21
,) l, '- (,:'.}III'lf 11' \ "lllt'''I S __A_
i-" (~::~: ~: - -. ',-___Est.L.Cl-U-(1-.-_ReillYr _F~or-esT-.Maudsley,
22
_ nMinorrnl'opB_Ludlam___n
,;II'S:
None.__ nn' . __. ___
23
1\IlSENT:
__.Counci~ _Member n .Mil1.er.n
24
25
n_~dPff~~/
Clty ,:ler.k
26
27
28 1}j-2R'-'JI)
.
.
,
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 995
(VERDEMONT AREA)
AGREEMENT
FOR
BOND COUNSEL SERVICES
TH is made and entered into this .7e~ day
of , 1990, by and between the CITY OF SAN
BERNARDI 0, tate of California, a municipal corporation and
public agency, hereinafter called "City", and ORRICK,
HERRINGTON & SUTCLIFFE, attorneys at law, Los Angeles,
California, hereinafter called "Counsel".
RECITA~S
WHEREAS, City desires to employ Counsel to provide legal
services incident to the formation of a community facilities
district (the "District"), pursuant to the Mello-Roos Community
Facilities Act of 1982 (the "Act"), being Chapter 2.5 of Title
5 (commencing with Section 53311) of the California Government
Code, with bonds to be issued secured by a special tax, for the
acquisition and/or construction of certain public facilities,
including appurtenant work and incidental expenses; and
WHEREAS, Counsel is prepared and able to provide all legal
services required and necessary incident to formation of the
District and issuance and sale of the bonds.
CQYENANTS
NOW, THEREFORE, it is mutually agreed by the parties hereto
as follows:
Section 1. AGREEMENT FOR SERVICES.
to render and Counsel agrees to render
to the District as follows:
City employs Counsel
legal services incident
(a) Review of the tax formulation and structure, the rate
and method of apportionment, the map of the District,
the extent and description of the facilities and
services, the proceedings engineer's public report,
the bonds, and providing instruction and advice in
connection therewith.
(b) Preparation of all petitions, resolutions, notices,
certificates, contracts, bond forms, and other papers
and documents required in the proceedings.
.
.
(c) Validation proceedings to establish the legality of
certain issues and actions in connection with the
formation of the District, the tax structure, the
election and the sale of bonds.
(d) Examination of the proceedings, step by step, as taken.
(e) Attendance at meetings of City staff and the City
Council, as needed.
^
(f) Issuance of Counsel's legal opinion as to the validity
of the proceedings, contracts and documents, validity
of the special tax and the tax-exempt status of the
bonds.
Section 2. LEGAL FEES. For the services described in
Section 1, City agrees to pay Counsel a fee based upon a
percentage of the bonds issued in the proceedings as follows:
First bond series:
Proceedings Fee of $30,000
plus 15/100ths percent (.15%)
of the bond issue amount;
All subsequent bond
series under the first
authorization:
Proceedings Fee of $10,000
plus 15/100ths percent (.15%)
of the bond issue amount;
The foregoing fee shall be paid from the proceeds of the sale
of bonds, within a reasonable time after sale and delivery of
bonds to a bona fide purchaser.
Section 3. COSTS. This Agreement contemplates that
Counsel shall pay its normal office expenses, but not including
any long-distance telephone, publication fees, filing fees,
messenger and express mail charges and the costs of printing
which shall be paid by City out of proceeds of the bonds; if
travel outside Southern California or other extraordinary
expenditures are authorized by City, then City shall payor
reimburse Counsel for the costs and expenses of such travel and
for such other extraordinary expenses.
Section 4. ABANDONMENT. If the District proceedings are
abandoned prior to sale and delivery of bonds, then City shall
pay Counsel a fee based upon the reasonable value of services
rendered from commencement of the proceedings to date of
abandonment; provided that such fee shall not exceed $15,000.
Such fee is to be paid from moneys deposited with the City by
the property owners and is not otherwise an obligation of the
City.
Section 5. LITIGATION. The fees specified in Section 2 do
not include services in connection with the acquisition, by
contract or condemnation, of any easements or other property
2
2970m5
.
.
necessary for the proposed facilities. Services in connection
with the validation of the proceedings are included within the
scope of this Agreement; provided, however, that any other
services pertaining to litigation not arising out of the
performance of this Agreement are not included within the scope
hereof.
Section 6. INFORMATION PROVIDED BY CITY. City agrees to
furnish Counsel such maps, records, title searches and other
documents and proceedings, or certified copies thereof, as may
be required by Counsel in the performance of its services
hereunder.
Section 7. ENTIRE AGREEMENT. This Agreement is the entire
agreement between the parties relating to the matters covered
herein.
Section 8. AMENDMENT. Any amendment to this Agreement
shall be of no force and effect unless in writing and signed by
both parties hereto.
IN WITNESS WHEREOF, the parties hereof have executed this
Agreement in the City of San Bernardino, State of California,
on the date and year first above written.
CITY OF SAN BER 7NO
ATTEST:
MClUP It: f!jI tl~ L<-/ 1fJcf!~1(~ (J!b:ljL)
City Clerk r/ J.JU-ruC6
7
[SEAL]
ORRICK, HERRINGTON & SUTCLIFFE
Cwn.w~~
George W. McFarlin
By:
3
2970m5