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02/02/2016 (3)
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02/02/2016 (3)
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Last modified
4/29/2025 10:53:48 AM
Creation date
3/4/2016 12:23:41 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/02/2016
Meeting Body
Board of County Commissioners
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21tl <br />3. Payment of Fees and Costs: You shall be billed monthly for time spent and costs <br />incurred on your behalf. You also agree to pay each bill within sixty (60) days from receipt, unless <br />we agree to a different arrangement in writing. In the event that the outstanding balance reaches <br />or exceeds Five Thousand Dollars ($5,000.00) for more than thirty (30) days, you consent to Legal <br />Counsel's withdrawal and agree that said withdrawal shall not prejudice Legal Counsel's ability <br />to collect said balance. Similarly, you acknowledge that Legal Counsel shall bill you at its hourly <br />rate for its efforts in collecting past due monies, whether or not a formal action to collect such <br />monies is commenced. In the event that any action is commenced to recover funds owed under <br />this Agreement, the prevailing party shall be entitled to recover their attorney's fees and costs. In <br />any such action, venue shall be in Miami -Dade County, Florida. <br />4. No Representations or Warranties Concerning the Ultimate Fees and Costs or <br />Likelihood of Success: You expressly agree and acknowledge that Legal Counsel has made no <br />representation or warranty to you concerning the ultimate fees and costs that will be incurred <br />representing you through the conclusion of this Matter. The parties recognize and acknowledge <br />that legal fees for work on the Matter can get very high very fast due to the procedures that govern <br />such representations. Moreover, you further agree and acknowledge that Legal Counsel has made <br />no representation or warranty to you concerning the Iikelihood of success in this Matter. <br />5. Acknowledgement of Ethics Laws: Client expressly acknowledges that certain <br />local, state, and federal rules regarding lobbying could be implicated by this Matter. Client agrees <br />to abide by all such rules which are or may become applicable. <br />6. Acknowledgement and Waiver of Potential Conflicts: You expressly <br />understand and acknowledge that Legal Counsel may represent certain interests and advocate <br />certain legal positions that seek to challenge the entitlement and development of real property or <br />which address appropriate governance issues under Chapters 718 or 720 of the Florida Statutes. <br />Such representation includes, by way of illustration, challenges to the validity of certain land <br />development regulations, challenges to certain entitlement processes, challenges to the enactment <br />and adoption of certain development orders as inconsistent with state -mandated comprehensive <br />development master plans, and other land use based challenges. With respect to the impact of <br />private restrictions and statutory provisions on the use of real property, these challenges include <br />attempts by affected parties to limit the uses of real property through their enforcement. In both <br />capacities, Legal Counsel maintains an active litigation and appellate practice where such issues <br />are routinely litigated and where such issues shall continue to be litigated. The direct possibility <br />exists in any such case that an issue of law or policy might be decided which could adversely <br />impact the Matter. You expressly acknowledge this possibility and waive (or agree to waive), to <br />the extent permitted by applicable rules governing the practice of law and the conduct of lawyers, <br />any such actual or implied conflict which could arise by virtue of Legal Counsel's normal and <br />routine practice. Legal Counsel agrees to promptly notify Client of any actual or implied conflict <br />of which it becomes aware. <br />Client acknowledges that Legal Counsel maintains on-going representations with many <br />units of local government and is engaged in representations of property owners and developers <br />throughout the State of Florida. No conflict of interest exists or shall be deemed to exist if, when, <br />and where one of Legal Counsel's other clients engages in a development project in the County or <br />PnD-'_35'C; S •-SSGC M- Cl. SVS s- Gt,ec_, ..'C "'Oil V, 2Ti F o, ca 33.30 <br />122 <br />
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