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HomeMy WebLinkAboutWeiss, Serota, Helfman Cole, & Bierman Tuskawilla Self Storage - Jamie A. Cole Retainment Letter - 2024 06 05.pdfY KWEISS SEROTA HELP -MAN COLE + BIL-RMAN May 21, 2024 VIA EMAIL (phursh@winterspringsfl.oru) Mr. Philip Hursh Interim City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 JAMIE A. COLE MEMBER Broward Managing Director JCOLE@WSH-LAW.COM Re: City of Winter Springs / Vi-Con Development Group (Tuskawilla Self Storage) Dear Mr. Hursh: We are pleased that the City of Winter Springs ("City") has decided to engage our Firm to represent the City in connection with the referenced matter. From our experience, we have found that clients appreciate a frank and open discussion and understanding of the services that we will perform and the basis upon which they will be expected to pay for those services. This letter is intended to set forth our understanding as to the nature and scope of the legal services we have agreed to render for you, the amount of our fees for those services, the manner in which our fees for those services shall be determined and the terms upon which you will make payment. 1. Nature of Legal Services. You have engaged us to represent the City to provide advice and consultation in connection with the above -referenced matter. 2. Fees for Services. You will be charged and agree to pay for our services on the basis of hourly rates established from time to time for the attorneys in our Firm, together with applicable taxes if any. It is contemplated that I, Jamie Cole, will be your primary contact at the Firm, working with others at our firm. The City will be charged a discounted rate of $500 per hour for time incurred by me and Interim City Manager, Philip Hursh May 21, 2024 Page 2 of 3 other partners at the Firm, $400 per hour for associate attorneys and $150 an hour for paralegals. Hourly rates will increase by 4% on October 1 of each year, beginning on October 1, 2024. It is our practice to charge for actual time expended on your behalf, but not less than 2/10ths of an hour for each activity. The fees for services shall not exceed $50,000 unless this retainer agreement is approved by the City Commission. 3. Costs. In addition to the attorneys' fees discussed in paragraph 2, you will be charged for delivery charges, long distance telephone charges, printing and photocopies, postage, faxes, and computer research expenses, Non -incidental costs such as court reporter expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, travel expenses, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, expert fees, trial/hearing exhibit costs, investigation costs, and applicable lobbyist registration fees, will also be itemized and billed. 4. Payment of Fees and Costs. Our invoices will be submitted to you on a monthly basis and each invoice will be due and payable when rendered. You must understand that if any invoice remains unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion (subject to court approval, if necessary), to cease to provide further legal services to you. You will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time, together with any applicable taxes. In the event we are ultimately required to bring suit to collect any unpaid fees and costs, you understand that you will be required to pay reasonable attorneys' fees as well as legal interest on the amount of any fees and costs due us. You further understand that we have the right to retain any and all files, papers and other property coming into our possession in connection with our engagement without any liability to you until we have been paid all costs, fees and interest due us under this agreement. You also agree to the imposition of a charging lien for any monies due us on all real and personal property that is preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rate of 12% per annum will be added to any invoice, which remains unpaid for more than 30 days after it is rendered. 5. Withdrawal from Representation. We reserve the right to withdraw from representing you if you have misrepresented or failed to disclose material facts to us, or if we disagree about the course of action which should be pursued. 6. Advanced Fees and Costs DepOSlt. There will not be a retainer required in this matter. 7. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the interests of another client unless each such client consents to such representation after consultation. If this letter is addressed to more than one person, your signature of this letter will constitute such consent from each of you with respect to the matter or matters specifically described in the paragraph of this letter entitled "Nature of Legal Services." MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM Interim City Manager, Philip Hursh May 21, 2024 Page 3 of 3 8. Commencement of Representation. If the foregoing is agreeable to you, please acknowledge your understanding and agreement by signing the letter and delivering it to us, together with payment of the retainer and/or cost deposit set for above, if any. We appreciate your confidence in our Firm and we assure you that we will make every effort to perform our services in a prompt and efficient manner. Very truly yours, WEISS SEROTA HELFMAN COLE & BIERMAN 4amie A. Cole AGREED AND ACCEPTED on ... 1�2024. CITY OF WINTER SPRINGS Hursh, Interim City Manager for the City of Winter Springs MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM