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HomeMy WebLinkAboutContracts & Agreements_2-1974_CCv0001.pdf q9W.TIAC T EMPLOYMG FINANCING 0014SUIVrAITTL THIS AGREEMENT, made this 2-0 day of January 1974, by a r A between the REDEVELOPMENT AGENCY Cr THE CITY OF REDLANDS, San Bernardino County, California, an agency duly organized under, the laws of the State Of California (hereinafter called "Agency"), Party of tho first part, and STONE & YOUNGBERG MUNICIPAL FINANCING COINSULCANT S, I vG. , One California Street, San Francisco, California, a corporation (hereinafter called "Consultant"), party of the second part: WITNESSETH: WHEREAS, Agency desires to effect financing of certain redevelopment projects; and WHEREAS, Agency desires to develop a plan concerned with the financial as- pects of the redevelopment program, and WHEREAS, the preparation of such a plan requires certain studies, analyses and recommendations to be made by persons qualified by training and experience to do so and WHEREAS, Agency, after due investigation and deliberation, has determined that Consultant is qualified by training and experience to perform said services; NOW, THEREFORE, it is mutually agreed as follows, to wit: Agency hereby employs Consultant and Consultant hereby accepts such employ- ment to perform the services, upon the terms, subject to tie conditions, and in consideration ofpayments as hereinafter set forth: ,ices�tobe Per Consultant shall perform in a diligent manner the following services: 1. Assemble, review and analyze available financial, architectural and engineering, lrfgal and ecce o =sic data and informatlon which may have a bearing on a program for financing redevelopment -activities in a portion of the City of Redlands, or essential p-k_<blic lacilit"Is of benefi (hereinafter referred to as West State t thereto Street Area ry 2. Eased on the foregoing analysis, prepare and submit to Agency from tune-to-time written information containing, but not limited to: a. A general review of financing gest State Street Area and/or related public improvements by the issuance of tax increment bonds, the limitations applicable to such method of financing and the potential application of the tax increment bond method toward West State Street Area financing. b. An analysis of available sources of revenue to be used to amortize the indebtedness to be incurred and their application to the proposed project, including estimates of the future trend of such revenue. c. Recommendations as to a tentative repayment schedule, bond call and redemption features (if any), application of revenues and other details relating to the debt and its repayment. d. Estimates as to annual amounts required to ineet annual deka service and maintenance and operation costs (if any), taking into consideration estimated interest rates, call premiums and other factors. e. Recommendations of the further procedural steps to be taken and timing of actions. 3. Discuss on a continuing basis the results of the studies and analyses and generate such additional information as necessary or desirable. 4. If the issuance of bonds or other evidences of indebtedness to finance all or part of the costs of the .proposed improvements is authorized, make recommendations as to exactterms and conditions under which bands are to be issued and sold, including timing and method of sale, final amor- tization or repayment schedules, call and redemption features, sinking fund requirements, application of revenue and other details, and cooperate with bond counsel in drafting the necessary resolution of issuance and notice of sale. S. Upon approval by Agency of final financing details and upon direction by Agency to do so, prepare the text and other material for an official statement or bond prospectus describing the improvernents, the bonds, their security, and such economic and financial background as is deemed appropriate, which may be duplicated or printed and mailed at Agency's ex- pense, together with copies of the official notice of sale, to a comprehen- sive list of bond bidders. Consultant shall also take such other steps as appear advisable to encourage strong co npetitive bidding for the bonds, including obtaining ratings., n the e Dors and holding informational meetings with prospective band purchasers. i 6. During the entire course of etrployment, Consultant shall be available l at reasonable times for consultation and advice relating to the financial of the contemplated improvement program. � 2 - i w., 3 7. Consultant shall serve as intermediary in discussing West State Street Area with urgency officials and their other consultants, developers and other interested parties, and ultimate prospective lenders to provide a steady flow of information to all interested parties based upon which any financing schedules and development schedules could properly be integrated. 1 8. Consultant shall aim toward financing the program at the lowest possible dollar total and hold the borrowings to a annimunr consistent with Agency's redevelopment program for West State Street Area. Payment for Services: 9. For the services to be rendered hereunder, the fallowing fee schedule shall apply: a. A sum equal to one percent (lel) of the total amount of securi- ties sold by Agency. b. It is understood and agreed that the minimum fee for each sale of securities shall be $12,500. ry c. It is further understood and agreed that Consultant's fees shall become due and payable only when and if the necessary financ- ing is obtained and accepted by Agency. Q- Other Considerations: 19. Consultant is employed hereunder to render a professional service within the scope of its training and experience as a municipal financing consult- ant and any payments made to it are compensation solely for such service and advice. Outside of its normal office overhead and traveling costs to and from its San Francisco and Los Angeles offices and Agency, to perform the services contracted for, Consultant is not responsible for and shall not be held liable for any other expense or expenditure of any kind, including the following: a. Any and all legal or engineering expense of any kind whatever. b. Any and all expense in connection with hearings, proceedings and due issuance of bonds. c. Any printing, advertising, publicity, etc. , of such material or " � data as Agency may wish to have prepared in connection with Consultant's services herein provided for, except those specifically excluded herein. 11. lathing hor iri contained shall prevent Consultant from carrying on its t usual business activities, including the performance of ether additional services for Agency, should it so desire sua.,}., additional services, nor from performing similar services for other agencies, cities, districts or public entities, i �K 12. Agency agn, es that its officials and enx, lc yces will be requested and .Y. J directed to cooperate with and assist representatives of Consultant in every reasonable way to the end that Consultant may se cure all information and data required to Perforin the services herein provided for. IN WITNESS WHEREOF, said Agency, Party of the first part, has caused these presents to be properly executed, and said Consultant, Party of the secondl art, has caused these presents to be executed by one of its officers, as of the date hereinabove: set forth. REDEVELOPMENT AGENCY OF THE CITY OF REDLAI°a DS By: ' ; r" / ll `R P. M2erri"tt, Jr Acting Director STONE & YOU-NGBERG MUNICIPAL FINANCING CONSULTANTS, INC. By: Robert G. Bulot, Vice President i