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Kozlowski, Daniel T.Olgl DANIEL T. KOZLOWSK! Attorney At Law 4020 North Kessler Boulevard, North Drive Indianapolis, Indiana 46208 (31 7) 842-9879 APPROVED, S TO FORM l Y Douglas C. Haney, Esquire City Attorney CITY OF CARMEL One Civic Square Carmel, Indiana 46032 RE: Engagement of Daniel T. Kozlowski Dear Mr. Haney: I am writing to confirm that the City of Carmel, Indiana (the "City"), desires to engage me and my staff as a consultant and advisor as regards the City' s interest in acquiring twenty-five plus or minus (25+-) acres of real estate currently owned in fee or utilized under color of title by CSX Railroad and various other landowners, located in Hamilton County, Indiana, and commonly known as the Monon corridor ("Monon Corridor"). 1. Scope of Engagement: I shall review, advise, investigate, consult with, negotiate for, and/or defend the City with respect to the matter of the acquisition of the Monon Corridor. 2. Fees: My staff and I charge for our services based on an hourly rate. My hourly rate for this engagement shall be Eighty Dollars ($80.00) per hour. My staff personnel, including, but not limited to, Mr. Todd Cook, will be billed at a rate of not more than Sixty-Five Dollars ($65.00) per hour. Each timekeeper will account for his or her time in units no greater than one-tenth of an hour. 3. Monthly Billing: I will submit my statement for fees and disbursements monthly. 4. Advances and Expenses: The City is responsible for all advances and/or expenses, including, but not limited to, long distance telephone charges, postage expenses, copying costs, facsimile transmission costs, computerized research time, messenger service, over-night or express mail, filing fees, deposition costs, expert witness fees and travel costs. I agree that I will not obligate the City to an advance or expense in excess of One Hundred Dollars ($100.00) without first discussing the expense with the City and obtaining the City' s approval. [eb:mswonl:c:\engagemem lettersxiozlowski.doe: 1/15/98] Douglas C. Haney, Esquire Page Two Please confirm the engagement of Daniel T. Kozlowski, Attorney at Law, by executing the original of this letter to the effect that the terms and conditions of engagement contained herein are fully acceptable. This engagement shall, upon approval of the Board of Public Works and Safety of Carmel, Indiana, become effective as of December 1, 1997. Sincerely, ACCEPTED: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety Mary Ann Burke, Member Date' , ¢~~/ [eb:msword:c:\e~gagement lettearsXkozlowsld.doc: 1/15/98] January 23, 1998 Daniel T. Kozlowski 4020 North Kessler Boulevard, North Drive Indianapolis, Indiana 46208 Mr. Kozlowsld: On January 21, 1998, the Board of Public Works and Safety approved a contract to do business with your company. Enclosed are several documents which will ensure a successful and profitable business relationship with the City of Carmel. Please review the enclosed sample invoice. You do not need to use this specific form, but we do require that you submit all information requested on the sample in a similar layout. This format replaces any other form previously used by the City and is effective upon approval of your contract. We also ask that you review and complete the enclosed questionnaire and the attached W-9. It is absolutely necessary that we receive these forms in order to process your claims for services rendered. Also enclosed is a copy of the signed agreement between your business and the City. Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions. We look forward to working with you. Sincerely, Rebecca L. Wolf Deputy Clerk cc: file, ONE CIVIC SQUARE CARAMEL, INDIANA 46032 317/571-2400