HomeMy WebLinkAbout2011-121 13G
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MURPHY & WALKER
ATTORNEYS AT LAW
Lewis W. Murphy, Jr. *O 2001 U.S . Highway 1 Telephone 772- 231 - 1900
Casey Walker° Vero Beach , Florida 32960 Facsimile 772 - 231 - 4387
* Board Certified Civil Trial Lawyer www. murphywalker.com
° Board Certified Business Litigation Lawyer
May 10 , 2011
PERSONAL & CONFIDENTIAL
Via a-mail to:
Alan S . Polackwich, Esquire gpolackwich@irc og v . com
INDIAN RIVER COUNTY
180127 "' Street
Vero Beach, Florida 32960- 3388
Re : FVP Miami Lakes , LLC vs . Indian River County
Case No . , 31 -2010-CA-074993-XXXXXX
Dear Mr . Polackwich :
It was a pleasure speaking with you yesterday in connection with the possible representation of Indian River
County relating to the above referenced matter. Please allow this letter to confirm our understanding with
respect to our legal representation of the interests of Indian River County in this litigation, and I am grateful
for the opportunity for our Firm to work with you and the County in this regard .
Over the years, it has been our experience that the relationship between the attorney and client proceeds more
smoothly if we have a clear understanding of your needs and the role that we need to play . The purpose of
this engagement letter is to confirm an agreement concerning representation and the payment of our fees and
expenses . This engagement letter will govern all subsequent matters in which we may become involved on
behalf of the County unless a separate arrangement is made .
We will do our very best to meet your needs in any matters that we undertake for you and the County . At
the present time, the scope of my contemplated representation is limited to the defense of the lawsuit
referenced above . We will give the County our- best advice , render opinions, and seek to obtain the desired
result. In this regard, it is most important that we communicate with one another regularly .
The County will be billed periodically, usually monthly, and all accounts are to. be paid within thirty ( 30)
days from the date that the statement is mailed to you. In the event you should have any questions with
regard to the amounts due under an invoice , you agree to communicate such disagreement to us, in writing,
within thirty (30 ) days of the invoice date .
At the present time, my hourly rate ranges from $ 350 . 00 to $400 . 00, although we discussed a reduction of
my hourly rate to $290 . 00 for this particular matter for time incurred by me or my law partner, Casey Walker.
From time to time, other members of Murphy & Walker, to include paralegals, may work on this file, and
their rate will be $ 140 . 00 per hour. Invoices will be billed on a one-tenth of an hour basis, and sufficient
detail is disclosed on the invoices to confirm the services provided .
Alan S. Polackwich, Esquire
May 10, 2011
Page - 2 -
We reserve the right to withdraw as your counsel in the event the County fails to honor this agreement with
respect to our legal fees or for any just reason as permitted or required under the Florida Code of Professional
Responsibility or as permitted by the rules of the courts of the State of Florida. In the event of our withdraw,
the County will promptly pay for all services rendered by us prior to the date of withdraw .
The County will also be charged a reasonable rate for computerized document production, postage ,
reproduction, telecopies , couriers, express mail, travel costs and other litigation costs . Expenses incurred
or advanced on the County ' s behalf will be itemized on the statement, and we will endeavor to minimize
costs by using outside vendors where appropriate .
I believe that the foregoing provides you with a sufficient explanation of our representation . Obviously, to
the extent you have any questions or concerns , you may contact me directly .
I certainly look forward to representing the County ' s interests in this matter.
Very truly yours,
MURP WALKS .L .
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Lewis V . f iph , .
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Attest : J . on , Clerk INDIAN RIVER COUNTY, FLORIDA „ »
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By its Board of County Commissioners ,•• O • • • • • • • . .���
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MAL)99EA Deputy Clerk By :
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Bob Solari , Chairman 4
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Date approved by BCC : m ;=, vu 1 7 • 't •a_
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Approved : Approved as to form and legal sufficiency :
oseph Baird, County Administrator Alan S . PolaQj vich , Sr. , County Attorney
MURPHY & WALKER
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