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Lewis & KappesPHn.n, S. KAPPES TERENCE L. EADS DAVID WELKER GRAY JOHN F. WICKES, JR. GARY P. PRICE STEVEN L. TUCHMAN THOMAS R. RUGE C. DUA.~ O'NEAL BRErr J. Mn,LI~,R, RICHARD T. TRETHN** TODD A. RICHARDSON*** BETrE J. DODD RI-IONDA L. KUCHIK PEER S. FRENCH PAMELA H. SHERWOOD BRIAN A. STATZ *Also admitted in lllinois **Also admitted in Ohio & l~ntucky ***ALso admitted in Massachusetts LEWIS & KAPPES PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1700 ONE AMERICAS SQUARE Box 82053 INDIANAPOLIS, INDIANA 46282-0003 (317) 639-1210 TELECOPmRS (317) 639-4882 (317) 639-4878 February 5, 1996 OF COUNSEL SAMUEL A. FULLER* KEVm W. DOGAN LESLIE DUVALL *ALso admitted in Florida (1919-1991) Ms. Debra Grisham, City Attorney CITY OF CARMEL One Civic Square Carmel, Indiana 46032 Via Facsimile and Overnight Mail RE: Engagement of Lewis & Kappes, P.C. Dear Ms. Grisham: We are writing to confirm that The City of Carreel (the "Client") desires to engage the law firm of Lewis & Kappes, P.C. (the "Firm") to represent it in a new matter involving the Client'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 CCSX"). Attorneys from the Firm will bill at a standard hourly rate of One Hundred Thirty-five Dollars ($135.00) per hour and paralegal staffing during the period of this engagement will be Sixty Dollars ($60) per hour. 1. Scope of Engagement: L&K shall review, advise, investigate, negotiate and/or defend the Client with respect to the matter of the potential acquisition of the twenty-five plus or minus (25+-) acres of real estate currently owned in fee or utilized under color of title by CSX Railroad ("CSX") sometimes referred to as the Morton corridor. 2. Fees: Each attorney and para-professional at L&K charges for his or her services based on an hourly rate. The hourly rate for attorneys expected to work, Mr. Keyin Dogan, Mr. David Gray and Mr. Brett Miller on this engagement shall be One Hundred Thirty-Five Dollars ($135.00) per hour. Para-professional personnel, including paralegals, will be billed at a rate of Sixty Dollars ($60.00) per hour. Each timekeeper will account for his or her time in unit no greater than one-tenth of an hour. 3. Monthly Billing: L&K submits its statement for fees and disbursements monthly (generally between the 8th and 15th of each month). Fees and disbursements will be offset against retainer monies, if any, held in trust, which offset will be reflected in the monthly statements. 4. Advances and Expenses: Clients are responsible for all advances and/or expenses, including, but not limited to long distance telephone charges, postage expense, copying costs, facsimile transmission costs, computerized research time (Lexis and Westlaw), messenger service, over-night or express mail, filing fees, deposition costs (reporter time and transcription costs), expert witness fees, travel costs (ff necessary and pre-approved by client) and an initial administrative fee of Ten Dollars ($10.00), which charge is for materials and preparation of the Client's file. L&K agrees that it will not obligate the client to an advance or expense in excess of $100.00 without discussing the expense with the Client and obtaining the Client's approval. 5. Withdrawal: Should any monthly statement not be paid, for any reason, within thirty (30) days of the billing date, the Clients agree that L&K is free to terminate the engagement and to withdraw from any legal representation on Clients' behaff, without jeopardizing its claim for outstanding attorney fees and disbursements due from Clients. 6. Retainer: None Please confirm the engagement of Lewis & Kappes, P.C., by executing the original of this letter to the effect that the terms and conditions of engagement are fully acceptable. This engagement will be effective upon the return receipt of this letter. This engagement will be effective upon the approval of the Board of Public Works and Safety of Cannel Indiana. Sincerely, LEWIS & KAPPES, P.C. BJM/me The conditions of the en a ement of Lewis & Ka pes, P.C., set forth in this Title: d:Xbjm~fonns~ietters~carmeLltr~60037-96B001 LEWIS & KAPPES PHnlp S. KAPPES TERENCE L. F_.~DS DAVID WELKER GRAY JOHN F. WICKES, JR. GARY P. PRICE STEVEN L. TUCX-IMAN THOMAS R. RUGE C. DUANE O'NEAL BRETr J. RICHARD T. TRETr~" TODD A. RICHARDSON*** BETrE J. DODD RHONDA L. KUCHIK PETER S. FRENCH PAMELA H. SHERWOOD BRIAN A. STATZ *Also admitted in Illinois **Also admitted in Ohio & Kentucky ***Also admitted in Massachusetts LEWIS & KAPPES PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1700 ONE AMERICAN SQUARE Box 82053 INDt&NAPOHS, INDt~NA 46282-0003 (317) 639-1210 TELECOPIERS (317) 639-4882 (317) 639-4878 February 5, 1996 ON OF COUNSEL SAMUEL A. Ftm~a' KEVIN W. DOGAN LESLm DUVALL *Also adrni~d in Florida (1919-1991) ORIGINAL APPROVED BY BPW Ms. Debra Grisham, City Attorney CITY OF CARMEL One Civic Square Camel, Indiana 46032 Via Facsimile and Overnight Mail RE: Engagement of Lewis & Kappes, P.C. Dear Ms. Grisham: We are writing to confirm that The City of Carmel (the "Client") desires to engage the law firm of Lewis & Kappes, P.C. (the "Firm") to represent it in a new matter invoMng the Client's interest in acquiring twenty-five plus or minus (25 +-) acres of real estate currently owned in fee or utilized under color of ti~e by CSX Railroad CCSX"). Attorneys from the Firm will bill at a standard hourly rate of One Hundred Thirty-five Dollars ($135.00) per hour and paralegal staffing during the period of this engagement will be Sixty Dollars ($60) per hour. 1. Scope of Engagement: L&K shall review, advise, investigate, negotiate and/or defend the'Client with respect to the matter of the potential acquisition of the twenty-five plus or minus (25 +-) acres of real estate currently owned in fee or utilized under color of title by CSX Railroad ("CSX") sometimes referred to as the Monon corridor. 2. Fees: Each attorney and para-professional at L&K charges for his or her services based on an hourly rate. The hourly rate for attorneys expected to work, Mr. Kevin Dogan, Mr. David Gray and Mr. Brett Miller on this engagement shall be One Hundred Thirty-Five Dollars ($135.00) per hour. Para-professional personnel, including paralegals, will be billed at a rate of Sixty Dollars ($60.00) per hour. Each timekeeper will account for his or her time in unit no greater than one-tenth of an hour. 3. Monthly Billing: L&K submits its statement for fees and disbursements monthly (generally between the 8th and 15th of each month). Fees and disbursements will be offset against retainer monies, if any, held in trust, which offset will be reflected in the monthly statements. 4. Advances and Expenses: Clients are responsible for all advances and/or expenses, including, but not limited to long distance telephone charges, postage expense, copying costs, facsimile transmission costs, computerized research time (Lexis and Westlaw), messenger service, over-night or express mail, filing fees, deposition costs (reporter time and transcription costs), expert witness fees, travel costs (ff necessary and pre-approved by client) and an initial administrative fee of Ten Dollars ($10.00), which charge is for materials and preparation of the Client's file. L&K agrees that it will not obligate the client to an advance or expense in excess of $100.00 without discussing the expense with the Client and obtaining the Client's approval. 5. Withdrawal: Should any monthly statement not be paid, for any reason, within thirty (30) days of the billing date, the Clients agree that L&K is free to terminate the engagement and to withdraw from any legal representation on Clients' behalf, without jeopardizing its claim for outstanding attorney fees and disbursements due from Clients. 6. Retainer: None Please confirm the engagement of Lewis & Kappes, P.C., by executing the original of this letter to the effect that the terms and conditions of engagement are fully acceptable. This engagement will be effective upon the return receipt of this letter. This engagement will be effective upon the approval of the Board of Public Works and Safety of Cannel Indiana. Sincerely, LEWIS & KAPPES, P.C. BJM/me The conditions of the enga ement of Lewis & Kappes, P.C., as set forth in this letter, are accepted by Title dAbjm~ormsXletters\carmeLltrN260037-96B001 LEWIS & KAPPES PHn,W S. KAPPES~' DAVID WELKER GRAY JOHN F. WICKES, JR. GARY P. PRICET STEVEN L. TUCHMANt TaO~,AS R. RuoE C. DUANE O'NEAL BRETT J. MILLER* RICHARD T. TRETrlN** TODD A. RICHARDSON*** BETTE J. DODD RHO~qDA L. KUCHm PETER S. FRENCH PAMELA H. SHERWOOD BRIAN A. STATZ DONNA HEISER DUBISKY * * * * · Also admitted in Illinois · *Also admitted in Ohio ,e, Kentucky · **Also adraiUed in Ma~achuutts · ***Also admitud in Michigan & Kerauc, lcy LEWIS & KAPPES PROFESSIONAL CORPORATION ATFORNEYS AT LAW 1 ~00 ONE AMEmCAN SQUARE Box 82053 INDL4MAPOnS, INDL~qA 46282-0003 (317) 639-1210 TELECOPIERS (317) 639-4882 017) 639-4878 June 28, 1996 OF COUNSEL SAMUEL A, FULLER* KEVn~ W. DOGAN LESLm DUVaLL *Also admitud in Florida (1919-1991) J'Certij-~d M, diators VIA FACSIMILE and OVERNIGHT MAlL Ms. Debra Grisham, City Attorney CITY OF CARMEL One Civic Square Camel, Indiana 46032 RE: Engagement of Lewis & Kappes, P.C. Dear Ms. Grisham: We are writing to contim that The City of Camel (the "Client") desires to engage the law firm of Lewis & Kappes, P.C. CL&K") to review contracts for the City's municipally owned utilities. Attorneys from the Firm will bill at a standard hourly rate of One Hundred Thirty-five Dollars ($135.00) per hour and paralegal staffing during the period of this engagement will be Sixty Dollars ($60) per hour. 1. Scope of Engagement: L&K shall review and advise the Client with respect to contracts of the municipally owned utilities. 2. Fees: Each attorney and para-professional at L&K charges for his or her services based on an hourly rate. The hourly rate for the attorney expected to work on this engagement, Ms. Bette Dodd, shall be One Hundred Thirty-Five Dollars ($135.00) per hour. Para-professional personnel, including paralegals, will be billed at a rate of Sixty Dollars ($60.00) per hour. Each timekeeper will account for his or her time in unit no greater than one-tenth of an hour. 3. Monthly Billing: L&K submits its statement for fees and disbursements monthly (generally between the 8th and 15th of each month). Fees and disbursements will be offset against retainer monies, if any, held in trust, which offset will be reflected in the monthly statements. 4. Advances and Expenses: Clients are responsible for all advances and/or expenses, including, but not limited to long distance telephone charges, postage expense, copying costs, facsimile transmission costs, computerized research time (Lexis and Westlaw), messenger service, over-night or express mail, _filing fees, deposition costs (reporter time and transcription costs), expert witness fees, travel costs (if necessary and pre-approved by client) and an initial administrative fee of Ten Dollars ($10.00), which charge is for materials and preparation of the Client's file. L&K agrees that it will not obligate the client to an advance or expense in excess of $100.00 without discussing the expense with the Client and obtaining the Client's approval. 5. Withdrawal: Should any monthly statement not be paid, for any reason, within thirty (30) days of the billing date, the Clients agree that L&K is free to terminate the engagement and to withdraw from any legal representation on Clients' behaff, without jeopardizing its claim for outstanding attorney fees and disbursements due from Clients. 6. Retainer: None Please confirm the engagement of Lewis & Kappes, P.C., by executing the original of this letter to the effect that the terms and conditions of engagement are fully acceptable. This engagement will be effective upon the return receipt of this letter. This engagement will be effective upon the approval of the Board of Public Works and Safety of Cannel Indiana. Sincerely, LEWIS & KAPPES, P.C. By: ~/~/~~/ Bette J. Dodd BJD\ksw The conditions of the engagement of Lewis & Kappes, P.C., as set forth in this letter, are accepted by . Printed: Title: d:~bjdN~armelXengagedtr 260037-96F002 LEWIS & KAPPES -., ............C o:'Carme: '~r C~,~ July 23, 1996 Bette J. Dodd Lewis & Kappes, P.C. 1700 One American Square Box 82053 Indianapolis, IN 46282 Re: Service Agreement Enclosed is a copy of the signed contract approved by the Carmel Board of Public Works on July 3, 1996. Please call if you have any questions. Sincerely, Rebecca L. Wolf Chief Deputy Clerk cc: file, city atty, ~ty ut.~litics DLC/RLW/rlw ONE CIVIC SQUARE CARMEL. INDIANA 46032 317/571-2400 .......................... To: From: Re: Date: Deb Grisham, City Attorney Rebecca Wolf, Clerk-Treasurer's Office, Ext. 413 Service Agreement July 23, 1996 Enclosed is a copy of the signed contract approved by the Carmel Board of Public Works July 3, 1996. A copy was mailed to Lewis & Kappes on 07/23/96. Please call if you have any questions. cc: file DLC/RLW/rlw ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 PHILIP S. KAPPES~' DAVID WELKER GRAY JOHN F. WICKES, JR. GARY P. PRICE~' STEVEN L. TUCHMAN~' THOMAS R. RUGE C. DUANE O'NEAL BRETT J. MILLER* RICHARD T. TRETTIN** TODD A. RICHARDSON*** BETTE J. DODD RHONDA L. KUCHIK PETER S. FRENCH PAMELA H. SHERWOOD BRIAN A. STATZ DONNA HEISER DUBISKY**** *Also admitted in Illinois **Also admitted in Ohio & Kentucky ***Also admitted in Massachusetts ****Also admitted in Michigan & Kentucky Debra Grisham, City Attorney CITY OF CARMEL One Civic Square Camel, Indiana 46032 LEWIS & KAPPES PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1700 ONE AMERICAN SQUARE BOX 82053 INDIANAPOLIS. INDIANA 46282-0003 (317) 639-1210 TELECOPIERS (317) 6394882 (317) 6394878 November 8, 1996 OF COUNSEL SAMUEL A. FULLER* KEVIN W. DOGAN LESLIE DUVALL *Also admitted in Florida TED. B. LEWIS (1919-1991) TCerafied Mediatom RE: Engagement of Lewis & Kappes, P.C. Dear Ms. Grisham: We are writing to confirm that The City of Carmel (the "Client") desires to engage the law finn of Lewis & Kappes, P.C. ("L&K") to handle a thirty (30) day filing for the City's municipally owned water utility. Attorneys from the Finn will bill at a standard hourly rate of One Hundred Thirty-five Dollars ($135.00) per hour and paralegal staffing during the period of this engagement will be Sixty Dollars ($60) per hour. 1. Scope of Engagement: L&K shall prepare and file the necessary documentation with the Indiana Utility Regulatory Commission to obtain approval of the new wholesale raw water .rate of the water utility. 2. Fees: Each attorney and para-professional at L&K charges for his or her services based on an hourly rate. The hourly rate for the attorney expected to work on this engagement, Ms. Bette Dodd, shall be One Hundred Thirty-Five Dollars ($135.00) per hour. Para-professional personnel, including paralegals, will be billed at a rate of Sixty Dollars ($60.00) per hour. Each timekeeper will account for his or her time in units no greater than one-tenth of an hour. 3. Monthly Billing: L&K submits its statement for fees and disbursements monthly (generally between the 8th and 15th of each month). Fees and disbursements will be offset against retainer monies, if any, held in trust, which offset will be reflected in the monthly statements. Debra Grisham November 8, 1996 Page 2 4. Advances and Expenses: Clients are responsible for all advances and/or expenses, including, but not limited to long distance telephone charges, postage expense, copying costs, facsimile transmission costs, computerized research time (Lexis and Westlaw), messenger service, over-night or express mail, filing fees, deposition costs (reporter time and transcription costs), expert witness fees, travel costs (if necessary and pre-approved by client) and an initial administrative fee of Ten Dollars ($10.00), which charge is for materials and preparation of the Client's file. L&K agrees that it will not obligate the client to an advance or expense in excess of $100.00 without discussing the expense with the Client and obtaining the Client's approval. 5. Withdrawal: Should any monthly statement not be paid, for any reason, within thirty (30) days of the billing date, the Client agrees' that L&K is free to terminate the engagement and to withdraw from any legal representation on Client's behalf, without jeopardizing its claim for outstanding attorney fees and disbursements due from Client. 6. Retainer: None Please confirm the engagement of Lewis & Kappes, P.C., by executing the original of this letter to the effect that the terms and conditions of engagement are fully acceptable. This engagement will be effective upon the approval of the Board of Public Works and Safety of Carmel Indiana and the return receipt of this leUer. Very truly yours, LEWIS & KAPPES, P.C. Bette J. Dodd BJD\ksw The conditions of the engagement of Lewis Kappes, P.C., as set forth in this letter, are approved by the C' ty of Carmel by and thr~e Board of Public Works and Safety. By: .t /C..-.''~>~ - ATTEST: Diana Cordray, Clerk-Treas~7' d: \bjd\carmel\engage. ltr 3100086002 LEWIS & KAPPES Approved by the City of Carmel by and through the Board of public Works and Safety. By: y~orJam" ~ es Brainard By: Diana Cordray, Clerk-Treasur~ C:~ATRNYTXT~TORNYFI.LES~FORMS~BPWSIG. SlVlT To: From: Re: Date: Deb Grisham, City Attorney Rebecca Wolf, Clerk-Treasurer's Office, Ext. 413 Letter of Engagement November 21, 1996 Enclosed is a copy of the signed contract approved by the Carmel Board of Public Works November 6, 1996. A copy was mailed to Lewis & Kappes November 22, 1996. Please call if you have any questions. cc: file DLC/RLW/rlw November 21, 1996 Bette J. Dodd Lewis & Kappes 1700 One American Square Box 82053 Indianapolis, IN 46282-0003 Re: Letter of Engagement Enclosed is a copy of the signed contract approved by the Carmel Board of Public Works November 20, 1996. Please call if you have any questions. Sincerely, Rebecca L. Wolf Chief Deputy Clerk cc: file, city atty DLC/RLW/rlw