HomeMy WebLinkAboutContracts & Agreements_6-1955A G R E E M E N T
THIS AGREEMENT, made the day of 1 , ,
195 ,), by and between the CITY OF REDLANDS,
a municipal corporation, hereinafter called "City," and
O'MELVENY & MYERS, a copartnership, hereinafter called
"Attorneys";
W I T N E S S E T Hs
Io
The City contemplates that a petition will be
Filed with it under the Vehicle Parking District Law of
1943 (Part 1 of Division 18 of the Streets and Highways
Code of the State of California) for the formation of a
parking district in the City in the vicinity of the inter-
section of Citrus Avenue and Orange Street ,
and the City desires to cooperate with the proponent
property owners in the proposed district to that end, and
desires to employ the Attorneys to perform the legal
services hereinafter set forth which will be required both
before and after such petition is filed,
11.
The City employs the Attorneys to furnish legal
services herein set forth for the compensation herein stated,
and the Attorneys agree to furnish the legal services herein
enumerated for the compensation hereinafter stated:
The Attorneys are to consult with and advise the
city officials and the proponent property owners in connec-
tion with such proposed petition, are to draft such petition
or assist in the drafting thereof, and are to give instruc-
tions regarding its circulation. After such petition is
filed., the Attorneys are to advise city officials in regard
to the proceedings for the organization of such district,
the levy of the assessment, and the issuance and sale of
bonds of the district, and are to prepare all ordinances,
resolutions, notices, bond forms, and other documents
required in the proceedings. The Attorneys shall also
examine all proceedings step by step as taken, and when
the proceedings are completed and said bonds are sold are
to issue their opinion or opinions upon the validity thereof.
The services to be rendered do not include any services
in connection with the acquisition of property by contract,
or in connection with the condemnation suit if such suit
be filed to acquire the property proposed to be taken for
public parking places, or in connection with any other
litigation.
III
For the services to be rendered under this agree-
ment the City agrees to pay the Attorneys a fee equal to
the following percentage of the total of the cost of the
real property and rights of way purchased or condemned
in said proceeding plus the estimated cost of the proposed
improvements thereon, to wit:
2 of the first $300,000 thereof;
1% of any excess over $300,000;
20
but in no event shall such fee for a completed proceeding
be less than $1000. Such fee shall, be payable upon the
issuance of the bonds in said proceeding, or, if all
assessments are paid in cash and no bonds are issued, then
upon the termination of the cash collection period.
Should the contemplated petition not be filed then the
Attorneys shall be paid a reasonable fee not exceeding
500. Should the contemplated petition be filed but the
proceedings thereon be abandoned or discontinued thereafter,
the Attorneys shall be paid a reasonable fee for all ser-
vices rendered to that time, the amount of such fee to be
fixed by agreement between the City and the Attorneys.
In addition to the foregoing the Attorneys shall be re-
imbursed by the City upon monthly statements for any out-
of-pocket expenses incurred by them in the course of this
employment for long distance telephone calls, telegrams,
travel at the City a s request, and similar items.
IV.
This contract shall be binding upon and inure to
the benefit of said firm of 0 °Melveny & Myers as presently
constituted or as changed hereafter by the death or retire-
ment therefrom of any present partners, or by the admission
of new partners, or by the death or retirement of any thereof,
provided that the opinion of the successor firm upon muni-
cipal bonds, whether under the same nave or otherwise, is
accepted by bond dealers and bond buyers as readily as the
opinion of the fire as presently constituted.
IN WITNESS I EREOF, on the date first herein -
above written, the City has caused this instrument to be
3.
executed on its behalf and in its name by its Mayor and
attested by its City Clerk, and O'Melveny & Myers, of
Los Angeles, has caused this instrument to be executed
on its behalf and in its name by a partner,
ATTESTs
(SEAL)
CITY OF REDLANDS
by s--q
ay or
APPROVED as to fora this
day of , 195_
City Attorney
0 °MELV YERS
By `� Y
ar ner