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HomeMy WebLinkAbout00066C - OLIVER STOEVER LASKIN FEE SCHEDULE INCREASE Oliver, Stoever Laskin legal services re expansion pro,j/Des rash Plaza-PAiklB4&6 RETAINER AGREEMENT AGR #66 (Orig 12-7-83) Res 1841 12-7-83 THIS AGREEMENT is made and entered into this / ve� day of 1983, by and between the REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, hereinafter referred to as "AGENCY, " and OLIVER, STOEVER & LASKIN, a Professional Corporation, hereinafter referred to as "ATTORNEY. " WITNESSETH: WHEREAS, AGENCY has from time to time required the assistance of legal counsel to assist AGENCY in various aspects of redevelopment projects , including , but without limitation, the condemnation of, negotiation for , and acquisition of real property, as well as consultation preliminary thereto; NOW, THEREFORE , IN CONSIDERATION OF THE FOLLOWING PROMISES , COVENANTS AND CONDITIONS , THE PARTIES HERETO AGREE AS FOLLOWS : SECTION 1. ATTORNEY, will represent AGENCY in various aspects of redevelopment projects as requested by (2.jkf� (2�' 3 AGENCY, including but without limitation, the condemna- tion of, negotiation for , and acquisition of real property, as well as consultation preliminary thereto. SECTION 2. In connection therewith, AGENCY employs ATTORNEY to furnish, and ATTORNEY agrees to furnish, legal services consisting of consultation and the representation of AGENCY in bringing and diligently prosecuting such eminent domain proceedings , including preparation of pleadings , investigations of law and fact, representation in discovery proceedings, and all neces- sary court appearances . It is specifically understood that the Agency Counsel shall have the right to designate a specific lawyer in the ATTORNEY- firm to handle particular cases. SECTION 3 . AGENCY will retain and directly compensate at least one competent real estate appraiser to provide such appraisals and testimony as will be needed. ATTORNEY shall consult with AGENCY regarding the employment of real estate appraisers and other experts. SECTION 4. AGENCY shall pay for ATTORNEY' s services as follows: Time Spent in Court: $800 per day billable in half day increments . For all other services : $110 per hour , except that in filing new cases, a flat fee will be charged in the 2. amount of $650 each for the preparation and filing of Summons and Complaint, and an additional charge of $350 per case will be made for the preparation and obtaining of an Order for Prejudgment Possession (an hourly rate will not be applied for such matters as reviewing title reports, identify- ing defendants, processing Orders for Prejudgment Possession and court appearances in obtaining the Order, assuming a normal 90 day Order . SECTION 5. AGENCY shall pay all court costs , which shall include filing fees , jury fees , notary fees , and deposition and service of process fees, but ATTORNEY may advance such costs and in such event shall be reimbursed by AGENCY for other out--of-pocket expenses. ATTORNEY shall pay all travel and lodging expenses . SECTION 6. The amount due upon the first of each month shall be paid by AGENCY upon the receipt of a requisition for payment from ATTORNEY, specifying the number and date of hours worked and out-of-pocket costs advanced under this Agreement during the preceding month. Each month after receipt of the requisition, AGENCY shall pay ATTORNEY the amount of the requisition. ATTORNEY shall maintain proper records of the hours worked under this Agreement. Such records shall be open at any reasonable time for inspection by AGENCY. r� 3. f? P, c, , SECTION 7 . AGENCY may terminate this Agreement at any time by mailing or delivering written notice of such termination to ATTORNEY. In such event, ATTORNEY shall be paid a reasonable fee based on the foregoing schedule and the work performed by it as of that date. The amount of such fee shall be suggested by ATTORNEY, but shall be subject to the approval and concurrence of AGENCY. REDEVELOPMENT AGENCY F THE CITY OF PALM SPRIN By CPnuwv,. "AGENCY" OLIVER S ER & L SKIN, Prof s o Corpor ti n By as W. Stoever 'A ORNEY' APPROVED AS TO FORM- By AGENCY COUNSEL t . Q1 ay 'HE CO MMUNN9�'Y RtDr 9, BY RES. No. /8Y A. Oliver, Stoever & Laskin amendment to agreement to increase fee schedule, PA1B4-6 AGREEMENT #66 LAW OFFICES Resolution 317, 3-6-85 OLIVER, STOEVER & LASKIN -- - - THOMAS W STOEVER OF COUNSEL' A PROFESSIONAL R IC HARD LASKIN CORPORATION r.....—V e,._. NORMAN G, OLIVER WILLIAM B BARR 1000 SUNSET BOULEVARD L-I I �II dip ^ RONALD J. EINBODEN LOS ANGELES, CALIFORNIA 90012 CHARLES S. VOSE (213) 250-304.5 ��- CONNIE COOKE SAN OIFER ROBERTA S KALLAN January 30 , 1985 F E B 4 1985 Kenneth E. Feenstra Redevelopment Director City of Palm Springs Post Office Box 1786 Palm Springs , CA 92263-1786 Re : Legal Services - Eminent Domain Proceedings Dear Per . Feenstra : We recently discussed by telephone the necessity of our law firm requesting an increase in the fee schedule charged for legal services rendered in Eminent Domain proceedings . This letter is our written request for such a fee schedule increase . Please present this to the Redevelopment Agency Board for its consideration and approval . The currently existing Retainer Agreement between this firm and the Redevelopment Agency contains a fee schedule calling for $800 per day, billable in half day increments for time spent in Court , and $110 per hour for all other services . In addition , the existing Retainer Agreement provides for payment of $650 each for the preparation and filing of Summons and Complaint , and an additional charge of $350 per case for preparation and obtaining an Order for Prejudgment Possession . We respectfully request that the Agency approve a fee schedule providing for $900 per day , billable in half day increments for time spent in Court, and $125 per hour for all other services . We are not requesting a change in the fee schedule for preparation and filing of Summons and Complaint and Orders for Prejudgment Possession. 4 Kenneth E. Feenstra Redevelopment Director January 30 , 1985 Page Two Although inflationary pressures have diminished in the general economy, we have found that our overhead costs have continued to increase . All of our governmental agency clients have agreed to an increase in existing fee schedules . We sincerely hope that the Redevelopment Agency of the City of Palm Springs will give favorable consideration to this request . If there are any questions , please do not hesitate to call . Thank you. ATTEST: ;OLI t u yours , ,—Assistant Secretary as W. Stoever VER, STOEVER & LASKIN /lark COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPPRRINGS.-- AF PRO% AS TO FORM Chairman ity Attorney APP,� lfED P1� '9H; WPiU*PWWHY ZEDEV. AGENCY BY RES, t,O. <'/r __-2