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Resolution 1991-13 ~. ~~. ....:...... . . !.. RESOLUTION NO. 91-13 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES MAINTENANCE DISTRICT NO. 1 The City Council of the city of Gilroy resolves: This Council approves that certain agreement between the City of Gilroy and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation for services of that firm as Special Bond Counsel for Maintenance District No.1, city of Gilroy, Santa Clara County, California, dated March 4, 1991, and attached to this resolution. The Mayor is authorized to sign the agreement and the City Clerk is authorized to attest its execution. * * * I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the city Council of the City of Gilroy, California, at a regular meeting thereof held on the 4th day of March, 1991, by the following vote of the members thereof: AYES; and in favor, thereof, Councilmembers: GAGE, HALE, KLOECKER, MUSSALLE}1, NELSON,VALDEZ and HUGHAN NOES, Councilmembers: None ABSENT, Councilmembers: None ~rk RESOLUTION NO. 91 - 13 ORIGINAL .. . . AGREEMENT FOR LEGAL SERVICES MAINTENANCE DISTRICT NO. 1 CITY OF GILROY This is an agreement for legal services between the city of Gilroy, a municipal corporation of the State of California, referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation, Attorneys at Law, Emeryville, California, referred to as Bond Counsel. 1. Client retains Bond Counsel as special counsel to perform the following legal services relating to Maintenance District No.1, City of Gilroy, Santa Clara County, California. (a) Preparation of all forms of resolutions, notices, affidavits, and other documents required by the City of Gilroy. (b) The preparation of written instructions to Client's Clerk and other staff members concerning the performance of legally required duties. (c) Review of documents prepared by Client's engineering staff or consulting engineers. (d) Attendance at the public hearing on the 'engineer's report (including continuances of the hearing, if any). (e) Attendance at all other public meetings of Client at which matters relating to the district are considered, except routine matters. (f) Attendance at staff meetings or meetings of property owners, upon the request of the Client, after reasonable notice. (g) Telephone consultation with staff members and property owners to answer legal questions about the assessment proceedings. 2. The services of Bond Counsel under this agreement shall not include the following: (a) Legal services in connection with the acquisition of interests in real property, either through negotiation or through exercise of the power of eminent domain. (b) Legal services in connection with litigation. The performance by Bond Counsel of services excluded by this paragraph, if required by Client, shall be under separate oral or written agreement. "! .4 . . .. 3. In consideration of the services set forth in paragraph 1, Client shall pay to Bond Counsel the amount of $7,500.00, plus cost of preparation of notices to property owners and other miscellaneous costs. 4. Bond Counsel certifies that it has no interest, either direct or contingent, in any property or contract arising from or affected by the district, except as Bond Counsel under this agreement. Bond Counsel does not represent any owner of property within the proposed boundaries of this district, and has not received a fee from any source for services connected with the project. DATED: March 4, 1991 CITY OF GILROY, a municipal corporation of the state of California Mayo! ~ ATTEST: B~~?oI~ ci ty Clerk . STURGIS, NESS, BRUNSELL & SPERRY a professional corporation By 2