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Molitor & GrishamMolitor & Grisham, P.A. Attorneys Not In Partnership 11711 Noah Meridian Street, Suite 200 Carmel, Indiana 46032 APPROVED. AS TO FORM BY: (317) 843-5511 Fax (317) 843-5514 e-mail johnrmolitor@prodigy.net John R. Molitor December 31, 1997 Douglas C. Haney, Esq. Carmel City Attorney City of Carmel One Civic Square Carmel, IN 46032 Re: Professional Services Dear Doug: Please accept this as my proposal to assist you in providing legal services during Calendar Year 1998 to the City of Carmel, the Carmel/Clay Plan Commission, and the Camel/Clay Board of Zoning Appeals on an as-needed basis. My fees will be bifurcated as follows: Planning/Zoning Retainer. For attendance at the regular, monthly meetings of the Plan Commission and Board of Zoning Appeals, as well as not more than two (2) meetings per month with the Department of Community Services (DOCS) staff in respect to Commission and Board business, I will charge the following retainer: $1,000.00 per month. Other Matters. For all other matters (such as research on legal issues as requested by you or the Director of DOCS, conducting training seminars for members of the Commission or Board, drafting of ordinances or regulations, review of development commitments proposed by landowners, and litigation involving the Commission, Board, or DOCS), my fees will be based on the hours actually worked and in one-tenth hour increments unless there is an acceptable method by which I can provide services on a project by project basis. My time on such matters will be billed at a discounted, governmental rate that is $25 an hour below my regular hourly rate. As my regular rate is currently $140.00 per hour, I am offering you a discounted rate of $115.00 per hour for all services not covered by the above retainer. NOTE: Other charges which will be included in my invoices are reasonable and necessary long distance telephone tolls, pre-approved messenger, courier and express delivery charges, as well as reasonable outgoing long distance fax charges, reproduction charges ($.20 per page), filing fees, and preoapproved out of county travel expenses. My fees will be billed on a monthly basis unless otherwise agreed. You can expect that I will be able to handle all matters, including litigation, that may arise before the Plan Commission and Board of Zoning Appeals. However, it is possible that cases may arise which include unusually complex issues or matters outside of my planning/zoning specialty. Thus, if I believe it will be beneficial to the City to have the professional legal services of another attorney with special expertise, I will notify you and recommend that you engage the services of such other attomey. Douglas C Haney, Esq. December 31, I997 Page 2 of 2 Also, as you know, your predecessor Debra Grisham and I are now professionally associated, and we will be sharing office space at the above address. As Molitor & Grisham, P.A., we will offer you and the City of Carreel several benefits. You can take advantage of our background in commercial real estate law and years of experience serving both state and local governmental clients. You may call either of us to provide services as you may require. However, because of our separate areas of expertise, if I have been retained for a specific matter, Ms. Grisham will not become involved therein, except in bona fide emergencies, without the City' s prior approval. Upon execution, this engagement letter shall be effective as of January 1, 1998. Please advise if the arrangements outlined above meet with your approval. I appreciate having an opportunity to work with you again in 1998 to provide the City with first-rate legal services. Sincerely, SO APPROVED AND ADOPTED: THE CITY OF CARMEL, INDIANA, by and Through its Board of Public Works and Safety '7' ATTEST: Diana C~driy} Clerk-Treasurer' // Molitor & Grisham, P.A. Attorneys Not In Partnership 11711 North Meridian Street, Suite 200 Carmel, Indiana 46032 :8\'.qc '° APPROVED, AS TO FORM BY: (317) 843-5511 Fax (317) 843-5514 e-mail debragrisham @ prodigy.net Debra M. Grisham December 31, 1997 Douglas C. Haney, Esq. City Attomey City of Carreel One Civic Square Camel, Indiana 46032 Re: Professional Services Dear Doug: Please accept this as my proposal to assist you in providing legal services during the Calendar Year 1998 to the City of Cannel, the Carmel/Clay Plan Commission, and/or the Board of Zoning Appeals as an independent contractor on an as-needed basis. The scope of my legal services shall include research and legal cotmsel on matters of municipal law and issues related thereto, and attendance at meetings, as and when requested. My fees will be based on the hours actually worked unless there is an acceptable method by which I can provide services on a project by project basis. My regular hourly rate of $140.00 an hour will be billed at a discounted govemmental rate of$115.00 per hour, and in one-tenth hour increments. Any arrangement for project based services will be preceded by a mutually acceptable fee and expense agreement. Other charges which will be included in my invoices are reasonable and necessary long distance telephone tolls, pre-approved messenger, courier and express delivery charges, as well as reasonable outgoing long distance fax charges, reproduction charges ($.20 per page), filing fees and pre-approved out of county travel expenses. My fees will be billed on a monthly basis unless otherwise agreed. As you are aware, John Molitor and I are now professionally associated and we will be sharing office space at 11711N. Meridian Street, Suite 200, Cannel, Indiana 46032. My telephone number at the above-referenced address is 317-843-5511; you may continue to reach me at my home office at 317-815-8524. As Molitor & Grisham, P.A., we will offer the City of Carmel several benefits. You can take advantage of our background in commercial real estate law and years of experience serving both state and local govemmental clients. Mr. Douglas C. Haney, Esq. December 31, 1997 Page 2 You may call either of us to provide services as you may require. However, because of our separate areas of expertise, if I have been retained for a specific matter, Mr. Molitor will not become involved therein, except in bona fide emergency situations, without the City's prior approval. Upon execution, this engagement letter shah be effective as of January 1, 1998. Please contact me with any questions you may have. I look forward to continuing our professional relationship. Sincerely, ~ . Debra M. Grisham Approved and Adopted this ! ~ day of ~~ ,1998. CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: James Brainard, Mayor ATTEST: April 1, 1998 Debra Grisham Molitor & Grisham, P.A. 11711 North Meridian Street, Suite 200 Carmel, Indiana 46032 Ms. Grisham: On April 1, 1998, the Board of public Works and Safety approved a contract to do business with you. Enclosed is a copy of the signed agreement. 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. 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, plan, legal ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400