Loading...
1984 05 15 RDA^" AGENDA IA QUINTA REDEVEI**ENT A*NCy A regular meeting to be held at City Hall, 78-105 Calle Estado, La Quinta, California. May 15, 1984 7:30 p.m. 1. Call * ORDER 2. RDIi CAli 3. HEARINGS 4. CONS* * A. Approval of the Minutes of the adjourned reglilar ireeting held May 1, 1984. 5. BLJSINESS SESSI* A. Report fr*n the Executive Director regarding retention of bond consultant. 1. Motion for adoption. B. Report fr*n the Executive Director regarding retention of bond counsel. 1. Motion for adoption. C. Report f* the Executive Director regarding advance of funds f* the City of La Qilinta. 1. Resolution for adoption. D. Other 6. ArUOUFN* BIB] 03-20-1998-U01 01:09:09PM-U01 ADMIN-U01 RDA-U02 05-U02 15-U02 1984-U02 ^" I J Katz Hollis fr;*aAtzssHoocllasteCso,l*. *inancial Consultants The Cv;an E*u ding 617 South Olive Suhe 710 May 10, 1984 Os Angeles, CA 90014 213) 629-3065 Mr. Frank Usher City Manager La Quinta Redevelopment Agency Sa* La*e City, LT Post Office Box 1504 801) 485*5151 La Quinta, California 92253 San Francisco, CA 415) 788-0360 Dear Mr. Usher: Pursuant to your request, we are pleased to submit the enclosed contract for the provision of financial consulting services to the Redevelopment Agency of the City of La Quinta. In recognition of the Agency's intent to issue tax increment bonds in the near fu- ture, we have included a scope of services which specifically des- cribes the activities of our firm with regard to such an issuance. The contract also allows, howev*er, for the provision of general consulting services upon your authorization. Because the specifics of the bond issuance with regard to timing, size and structure are as yet unresolved, we have provided for hourly rate compensation in the contract. If you desire, a provi- sion could be added to the Compensation section specifying a not- to-exceed amount for the provision of services. Please call if you have any questions. sincerely, KATZ, HOLLIS, COREN **OCIATES, INC. LJA/mm Enclosure 5.A BIB] 03-20-1998-U01 01:09:09PM-U01 ADMIN-U01 RDA-U02 05-U02 15-U02 1984-U02 ^" I I PRm R* * STRADLI*G, Y0CCA. CARLSON & RAUTH * E. Yo* A PROrESSIONAL CORPORATION * WIILlA).*BA*I ATTORNEYS AT LAW *C. Sc* BBO NEWPORT CENTE* DRIVE. SUITE BOO JT::**.J.MRUaPKYCLKZ,JSL WELLS rARGO BAN* BUILDING JONprKBu5*nwiiipi * A. IuTDKAK POST ONNICE BOX ON fl'*Th * McEw*x P* L. fl-. * SHEPARD *KwPORT BEACH. CAL!FO*NIA Q2660-5401 * D. 1*LDO* TELEPhONE *I4 540-7035 B.ucu C. * 540-7332 Douo* E flz0*M TELECOPIER 714 E. K* Y*o*a fl'i* H. * *OMEKT J. WK*LNM Janza K PKi*pg, J* Sc* L Nc Co*sji * C. S*EK R*n* J. Sn..* flanigiT A Ai*1sOiu fliuc* FEUCHTE. Lawntrcg D. FRZXZHL M*us J. Hu*.cn P501 A G.ov*w* May 9, 1984 * j. * Toxy L. 1*i CNujg*PEEK J. KI**micR MAXCY LUrES WHITES SAD 1-wi. 0. PELDMAN STLyia D LAuTSCE CL*RE * 1*SElS.os Honorable Members City of La Quinta Redevelopment Agency 78-105 Calle Estado La Quinta, California 92253 Gentlemen: We have been informed by Mr. Frank Usher that you may desire to employ the firm of stradling, Yocca, Carlson & Rauth to represent the Redevelopment Agency in connection with the authorization, issuance and sale of approximately $16,000,000 in tax allocation bonds of the Agency. We will be very pleased to undertake these legal services. The legal services to be rendered by this firm in connection with a bond issue will include general advice to and consultation with you and your staff, and your financing consultant; drafting all ordinances, resolutions, notices, and other documents required for the authorization, issuance and sale of the bonds; examination of the transcript of the proceedings; and the issuance of our legal approving opinion to the purchasers of the bonds. The attorney who will be primarily responsible for these services will be Fritz Stradling. At the present time there is uncertainty as to whether tax increment is subject to the appropriation limitation provisions in Article XIIIB of the California Constitution. It was the practice to validate in a court proceeding each redevelopment issue prior to the delivery of the bonds. Although this firm was willing to issue its favorable approving opinion on a redevelopment issue without a validating suit, we now believe BIB] 03-20-1998-U01 01:09:09PM-U01 ADMIN-U01 RDA-U02 05-U02 15-U02 1984-U02 ^" I Honorable Members City of La Ouinta Redevelopment Agency May 91 1984 Page 2 that it would be prudent for the Agency to validate this issue because there is presently an advisary lawsuit in the court regarding this issue in connection with a bond issue of the Santa Ana Redevelopment Agency, and a lower court decision was favorable, however, the case is on appeal. We propose to conduct this validating lawsuit as part of our bond counsel fee; provided, however, if the lawsuit is contested and there is an appeal to a higher court, we would anticipate being compensated for that additional work based upon the hourly rates of the attorneys in the firm doing the work. For said legal services, including the validating lawsuit, our fee will be based on the amount of the issue of bonds authorized and sold. Our present fee schedule for this work is as follows: Total Amount of B6nds Authorized Fee In excess of $10,000,000 $22,500 plus $1.00 per $1,000 of bonds in excess of $l0,000,000* In addition to the above fees, we will be reimbursed for out-of-pocket expenses incurred in connection with printing, reproduction of documents, word processing, long distance telephone calls, telegrams, outside messenger service, travel outside of Southern California; and similar items. The scope of the services herein is to act only as bond counsel and does not include services in connection with any litigation, other than the validating lawsuit, or other services not stated above. If the Agency requests us to do additional work, we will be paid a fee based upon the hourly rates of the attorneys in the firm undertaking the work. The bond counsel fee will be paid following the sale of the bonds. In the event the bonds are not issued, we will be paid a reasonable fee, to be mutually agreed upon, based upon the hourly rates of the attorneys in the firm undertaking the work prior to abandonment. If this arrangement is satisfactory to you, please author- ize the employment according to the terms of this letter and return to us a copy of this letter executed by an LI officer of the Agency. authorized* \; * $..( * The maximum fee shall not exceed $30,000.00. In the eve;t!*t validation action is not required the fee will be reduced by $2,000.00. BIB] 03-20-1998-U01 01:09:09PM-U01 ADMIN-U01 RDA-U02 05-U02 15-U02 1984-U02 ^" A Honorable Members City of La Quinta Redevelopment Agency May 9, 1984 Page 3 We are looking forward to doing this work for you and we will use our best efforts to obtain results beneficial to the Agency. Respectfully submitted, ST *gCARLSON & RAUTH FRS/tlk Enclosure TERMS OF EMPLOYMENT APPROVED THIS DAY OF 1984 Authorized Officer of the City of La Quinta Redevelopment Agency 8174P/2338/OO BIB] 03-20-1998-U01 01:09:09PM-U01 ADMIN-U01 RDA-U02 05-U02 15-U02 1984-U02 ^" I RESOLUTION NO. RA-84- A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AN AGREEMENT RELATIVE TO AN ADDITIONAL ADVANCE OF FUNDS FROM THE CITY OF LA QUINTA TO THE LA QUINTA REDEVELOPMENT AGENCY. BE IT RESOLVED by the La Quinta Redevelopment Agency, to approve an agreement between the City of La Quinta and the La Quinta Redevelopment Agency relative to an additional advance of funds in the amount of Thirty-Four Thousand Dollars $34,000.00), totaling $59,000.00, from the City of La Quinta to the La Quinta Redevelopment Agency. APPROVED and ADOPTED this day of 1984. CHAIRMAN ATTEST: SECRETARY 5. C I* BIB] 03-20-1998-U01 01:09:09PM-U01 ADMIN-U01 RDA-U02 05-U02 15-U02 1984-U02 ^" I * MEMORANDUM CITV OF LA QUENTA * To: Honorable Mayor and Members of Council From: Frank M. Usher, City Manager Date: May 14, 1984 Subject: Advance of funds to the La Quinta Redevelopment Agency I am recommending that the City of La Quinta advance an additional $35,000 to the La Quinta Redevelopment Agency for legal services relative to adoption of the La Quinta Redevelopment Plan and for financial consulting services relative to flood control bonds. $15,000 of this amount is for legal services incurred with our Special Counsel relative to Plan adoption. We have received a bill for the entire year of service totaling $14,060.57. I have reviewed the bill with Mr. Stradling, and find it to conform with the proposal for service approved by the Agency. $20,000 of the advance will be available to cover financial consulting costs relative to the preparation and issuance of flood control bonds. Funds for bond counsel and bond house services will not have to be advanced, as fees for these services are paid from the proceeds of the bonds. Also, all funds previously advanced to the Agency shall be repaid from the proceeds of bonds. The Coachella valley water District has approved a contract with Bechtel Engineering Company for the engineering of the flood control improvements. The cost of engineering is expected to be $450,000. The cost for this will be handled as a loan to the Agency, to be repaid with interest from bond proceeds. The whole amount will be advanced to the Agency by the District. An agreement with the District is in preparation. Half of this amount, $225,000, will be loaned to the District by Landmark Land Company. BIB] 03-20-1998-U01 01:09:09PM-U01 ADMIN-U01 RDA-U02 05-U02 15-U02 1984-U02 ^" I It is expected that engineering will be cpmpleted by' December*15, 1984, and that bonds will be sold by February 15, 1985. Bids will have been received by that time and work should begin by February 15, 1985. Approval of the accompanying agreement advancing $35,000 from the Cityto the Agency is respectfully recommended. BIB] 03-20-1998-U01 01:09:09PM-U01 ADMIN-U01 RDA-U02 05-U02 15-U02 1984-U02