1984-19
...
84 - 13
~R~
I, c CE:IVr..~D .
L; AUB
.2 198
LEONARD H. BA.lIRD, JR.
ATTORNEY AT LAW
POST OFFICE DRAWER 1066
CLERMONT, FLORIDA oaTil
REAL PROPERTY LAW
TELEPHONE
(904) 394-2114
-.
REGISTEREO GENERAL PRACTICE
WILLS" ESTATES AND ESTATE PLANNING
July 30, 1984
Mr. George D. Forbes
City Manager
Ci ty Hall
P. O. Box 219
Clermont, Florida 32711
RE: LEGAL SERVICES AGREEMENT
FmHA WATER AND SEWER REVENUE BONDS
Dear .George:
I have been advised by Tom Slade, Bond Counsel in the above-referenced matter,
that the. legal fees structure has been revised by Farmers Bome Administration.
The original Legal Services Agreement will have to be amended to reflect the
fol'lowing rates of compensation:
"$20,269.70 based upon bond amount of $885,900.00 together
with out-oi-pocket expenses, payable 80% at closing of bond
anticipation notes and balance at closing of bonds."
The revision by Farmers Home Administration more adequately reflects the payment
for the respective services rendered by local counsel and by bond counsel. The
primary reason for the increase is the additional fees payable to bond counsel for
the bond anticipation notes. I will not be charging any additional fees for services
related to the bond anticipation notes.
In this regard I have attached an amended Legal Services Agreement for your review.
Very truly yours,
~f-(.
~
;)
-e
LEONARD H. .BAIRD, JR.
City Attorney
LHB/rpe
Attachment
\""
.
e
", -
,,; .
~...
\
.
",
r
;
~
~
FmHA instruction 1942-A
I "
(Guide 14) "
UNITED STATES DEPARTMENT OF AGRICULTURE
Farmers Home Administration
LEGAL SERVICES AGREEMENT
This agreement made this
day of
19
~tween CITY OF CLERMONT, a municipal corporation
organized and existing under the laws of the State of Florida
(sponsors) (organizing committee) (Name of organization)
hereinafter referred to as "Owners," and LEONARD H. BAIRD. JR.
attorney at law, of
Clermont. Florida
, hereinafter referred
to as "Atto~ney":
(have formed)
("public water supply
CITY OF CLERMONT, a municipal corporation
district," "public service district," "not for profit corporation," or
WHEREAS, Owners are intending to form
, a municipal corporation
("body politic," "municipal
other official designation)
corporation," "nonprofit corporation," or other organization)
in
Lake
Florida
County
:..
,
under the provisions of General Law and the Charter of the City of Clermont"
(Cite statute(s) under which applicant will be
Lake County, Florida
organized)
and
WHEREAS, the Attorney agrees to perform all legal servires ne('essary
to organize arid incorporate "said
CITY OF CLERMONT
under"the provisions pf
(1-15-79) SPECiAL PN
.;
""
,
,"
.,.. ..
(Guide 14) (Page 2)
FmHA Instruction 1942-A
.
said statutes and to perform all other customary legal services necessary
to the org~nization, financing, construction, and initial operation of
expans~on of a WastewaLer
a Treatment System system;
WITNESSETH:
That for and in consideration of the mutual covenants and promises between
the parties hereto, it is hereby agreed:
SECTION A-LEGAL SERVICES
That the Attorney will perform such services as are necessary to accomplish
the above recited objectives including, but not limited to, the following:
1. Preparation and filing of petition for incorporation and
supervision and assistance in the taking of such other actions
as may be necessary or incidental to cause the Owners to become
duly organized and incorporated and to ~ authorized to undertake
the proposed system.
2. Furnish advice and assistance to the governing body of the duly
incorporated association in connection with (a) the notice for and
conduct of meetings; (b) the preparation of minutes of meetings;
(c) the preparation and enactment of such resolutions as may ~
necessary in connection with the authorization, financing,
construction, and initial operation of. the system; (d) the preparation
of such affidavits, publication notices, ballots, reports,
certifications, and other instruments and advice as may ~ needed
in the conduct of such bond elections as may be necessary; (e)
the preparation and completion of such bonds or other obligations
as may be necessary to finance the system; (f) the completion and
execution of documents for obtaining a loan made or insured or
a grant made by the United States of America, acting through the
Farmers Home Administration, U. S. Department of Agriculture;
(g) entering into construction contracts; (h) preparation and
adoption of By-Laws, Rilles and R(~Rullltlons, and rnl(' schedules;
(i) such other corporate action as may be necessary in conne('tion
with the financing, construction, and initial operation of the system.
.
'-
.- ."
"
~
".
~
FmHA Instruction 1942-A
(Guide 14) (Pase 3)
3.
Review of conatruction contracts, bid-lettins procedure, and
\
surety and contractual bonds 1n connection therewith.
.
4. Preparation, "nesotiation, or review of contract with a city or
ot~r source of water supply when neCella"ry.
5. Preparation, where necessary, and review of deeds, easements
and other rights-of-way documents, and other t~struments for
sites for source of water supply, pumping stations, treatment
plants, and other facilities necessary to the system and to provide
continuous rishts-of-way therefor; rendering title opinions
with reference thereto; and providina for the recordation thereof.
6. Obtain necessary permits and certificates from county and municipal
bodies, from State regulatory agencies, and from other public
or private sources with respect to the approval of the system,
the construction and operation thereof, pipeline crouinas, and
the like.
7. Cooperate with the engineer employed by Owners in connection
with preparation of tract sheets, easements, and other necessary
title document8, construction contracts, water supply contract8,
health permiU, crossina permit8, and other instruments.
8. When applicable, 8ecure assistance of and cooperate with recognized
bond counsel in the preparation of the document8 necessary for
the financing aspect8 of the system. The attorney shall pay
all bond counsel in perfecting the financing aspects, !,..&.,
assessment procedures and completion of documents. Where bond
counsel is retained, the Attorney will not be responsible fdr the
preparation and approval of those documents pertaining to the
issuance of the Owner's oblisations.
SECTION B - COMPENSATION
1. Owners will pay to the Attorney for professional service8 rendered
1n accordance herewith, fees a8 folloW8:
,
$20.269.70 based upon bond amount of $885.900.00 together with
out-of-pocket expenses
.
Said fees to be payable 1n the follOwing ..nnel' and at the followina
ti.....
80% at closing of bond anticipation notes and balan~e at
closin2 of bonds.
(1-15-79) SPEClAL PM
",
..
IV
... .. ~
'.
FmHA Instruction 1942-A
(Guide 14) (Page 4)
.
SECTION C - OTHER PROVISIONS
1. That upon organization and incorporation the association shall
by appropriate resolution adopt and ratify this Agreement, that
the association shall ~ substituted for the individual Owners
as a party to this Agreement, and that the Owners as individuals
shall thereupon be relieved of all personal liability existing
or arising from this Agreement.
2. That upon organization and incorporation should the association
fail or refuse to adopt and ratify this Agreement by appropriate
resolution within days f~om the date of the commencement
of its legal existence, this Agreement shall terminate and Owners
shall be liable to the At torney for payment of $
which sum represents payment in full for the organization and
incorporation of the association and for all other legal services
rendered to Owners under the terms of this Agreement to the date
of said termination. .
~ttor ...:.
.~
---......+..(.
':L-~
13.&~
.
000