HomeMy WebLinkAboutRES NO 204-94RESOLUTION NO.
RESOLUTION APPROVING AMENDMENT TO AGREEMENT NO. 94-152
(AGREEMENT FOR LEGAL SERVICES) TO REDUCE LEGAL FEES PAYABLE
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 94-2
(GOSFORD/WHITE)
WHEREAS, by its Resolution No. 129-94, adopted on
August 10, 1994, this City Council has previously approved
Agreement No. 94-152, an Agreement for Legal Services (the
"Agreement") respecting the services of Orrick, Herrington &
Sutcliffe for Assessment District No. 94-2 (Gosford/White); and
WHEREAS, paragraph 4(a) of the Agreement provides that
the legal fee for such services shall be an amount equal to two
percent (2%) of that portion of the amount of assessments levied
not exceeding $1 million, plus one percent (1%) of that portion
of the amount of assessments levied exceeding $1 million, but not
exceeding $10 million, and further provides that the minimum fee
shall be $20,000.00; and
WHEREAS, at the request of Castle & Cooke, sole
property owner of the affected property, and with the consent of
staff, Orrick, Herrington & Sutcliffe proposes to reduce its
legal fee to a straight one percent (1%) of assessments levied,
with a minimum fee of $10,000.00, on the condition that Orrick,
Herrington & Sutcliffe be authorized to provide in its legal
services agreement for proposed Assessment District No. 94-3 (in
which Castle & Cooke is again the sole property owner) that its
legal fee for the first $1 million of assessments levied equal
three percent (3%) with a minimum fee of $30,000.00;
follows:
NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES as
1. Agreement No. 94-152 is hereby amended to provide,
in paragraph 4(a), as follows:
"The legal fee shall be an amount equal to one
percent of the amount of assessments levied; provided that
the minimum fee shall be $10,000.00."
* * *
I HEREBY CERTIFY that the foregoing resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on December 14, 1994, by the
following vote:
AYES: COUNCILMEMBERS DEMOND, CARSON, SMITH, ::~___~C~o.r-2, ROWLES) ..... , SALVAGGIO
NOES: COUNCILMEmBERS ~ ~y~
ABSTAIN: COUNCILMEMEBER ~%~ ~Q
ABSENT: COUNCILMEMBERS f%~( ~ ( (r~ 0 ~
City Clerk and Ex officio
Clerk of the Council of the
City of Bakersfield
MAYOR ~f the City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HE~RINGTON & SUTCLIFFE
Bond Counsel
COUNTERSIGNED:
City of Bakersfield
3
[ RRICK, HERRINGTON
& SUTCLIFFE
November 29, 1994
(415) 773-5467
Gil Rojas
Assistant Finance Director
City of Bakersfield
1501 Truxtun Ave.
Bakersfield, CA 93301
Re: Assessment District 94-2 (Gosford/~Fnite); Revised
resolution Daoe to sPecifY 20-year bond term
Dear Gil:
Transmitted herewith, per your request, is revised page 4 of
the Resolution Approving Final Engineer's Report, etc., to
specify a 20-year bond term rather than the not-to-exceed 25 year
term. I am also providing this revised page to Carol Williams,
with the request that she please substitute it for the existing
page 4 in the signed original of the resolution submitted to Bob
Sherfy on November 23, which I assume has been or will be
submitted to Carol.
Samuel A. Sperry
encl: revised page 4
cc:
Carol Williams
Marian Shaw
Bob Sherfy
Ed Wilson
Bob Williams