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September 16, 1993 (2)CINDY L. BARTIN JOSEPH W. LANDERS, JR. JOHN T. LAVIA, III RICHARD A. LOTSPEICH FRED A. McCORMACK PHILIP S. PARSONS HOWELL L. FERGUSON OF COUNSEL VICTORIA J. TSCHINKEL SENIOR CONSULTANT (NOT A MEMBER OF THE FLORIDA BAR) John R. Cook City Attorney City of Okeechobee 202 N. W. 5th Avenue Okeechobee, FL 34972 Dear Mr. Cook: LANDERS PARSONS ATTORNEYS AT LAW September 16, 1993 310 WEST COLLEGE AVENUE POST OFFICE BOX 271 TALLAHASSEE, FLORIDA 32302 TELEPHONE (904) 681 -0311 TELECOPY (904) 224 -5595 We are very pleased that you have chosen to retain us as counsel in connection with defending the Circuit Court action for declaratory relief filed by Okeechobee Beach Water Association, Inc. This letter describes the basis on which our firm will provide legal services to you and how we will be compensated for our services. As a partner in the firm, I will have primary responsibility for the representation and will utilize other attorneys and legal assistants in the office in the best exercise of my professional judgment. Michael Morell will be working with me as co- counsel in this case. If, at any time, you have questions, concerns, or criticisms, please contact me at once. Our fees for this matter will be based on a schedule of hourly rates. The schedule of hourly rates for attorneys and other members of the professional staff is based on years of experience, specialization in training and practice, and level of professional attainment. My hourly rate for this matter will be $115.00, and, to the extent that other attorneys and legal assistants are involved, their rates will vary from $90 to $115 an hour. In addition to the fees, our bills will include charges for out -of- pocket expenses such as travel, meals, filing fees, etc. Any extraordinary expenses such as deposition costs, printing costs, advertising costs, etc., will be billed directly to you. A surcharge of 3% of the fees billed is added to each bill to cover the costs of postage, copying and telephone charges. Our statements generally will be prepared and mailed during the month following the month in which services are rendered and costs advanced. Mr. Cook Page 2 September 16, 1993 Should retaining expert witnesses, consultants and court reporters with regard to the proceedings be advisable, the City would also be directly responsible to the experts, consultants and reporters for payment of their fees. Please review the foregoing and, if it meets with your approval, sign a copy of the letter and return it to me in the enclosed envelope. If you have any questions, please feel free to call me. Enclosure cc: Michael Wm. Morell Sincerely, Richard A. speich John Cook City Attorney City of. Okeechobee