HomeMy WebLinkAboutC-956 - Agreement for Legal Services in Connection with Freeway LitigationTO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Date April 29, 1965
Contract No. C -956
Authorized by Resolution No. 6134 adopted on April 26, 1965
Date Mayor and City Clerk executed Contract April 26, 1965
Effective date of Contract April 26, 1965
Contract with Hill. Farrer & Burril
Address 411 West Fifth Street
Los Angeles, California 90013
Brief description of Contract Legal services in connection with
Freeway litigation
Amount of Contract
City Cle
CH :mec
+/1165 (8)
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11 AGREEMENT FOR LEGAL SERVICES
21
3i THIS AGREEMENT, made and entered into this day of
4! 1965, by and between the CITY OF NEWPORT BEACH, a
i
51 municipal corporation, hereinafter referred to as "City ", and
6 HILL, FARRER & BURRILL, a copartnership, hereinafter referred to
7 as "Attorneys ";
8 WITNESSETH:
9 WHEREAS, the City Council of the City of Newport Beach
10 has determined to initiate a lawsuit against the California State
11 Highway Commission for the purpose of attempting to set aside the
12 action of said Commission in adopting a coastal route for the
13 Pacific Coast Freeway; and
141 WHEREAS, Attorneys are well qualified to represent the
15 City in said lawsuit; and
16 WHEREAS, the City Council desires to retain the services
17 of Attorneys to act as legal counsel for the City in said lawsuit;
18 NOW, THEREFORE, it is mutually agreed between the parties
1911 as follows:
20 1. Attorneys agree to perform all legal services neces-
21 sary to initiate and prosecute to final judgment a lawsuit against
22 the California State Highway Commission for the purpose previously
23 described herein. Said services shall include representation in
24 both trial and appellate courts, including the California Supreme
25 Court.
2611 2, Attorneys agree to consult with the City Attorney
27 and to keep him fully informed of all developments in said lawsuit
28 and to furnish the City Attorney with copies of all correspondence,
2911 pleadings and other documents involving said lawsuit.
3011 3. Attorneys agree that any decision as to settlement
311 of the litigation or any decision as to appeal from the judgment of
321 the court in which the action is first tried shall be subject to
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the approval of the City Council.
4. City agrees to pay Attorneys at the hourly rate of
$35.00 for all time expenced by them on behalf of City. This
amount shall include office overhead and all secretarial and
clerical work. However, the total cost of such representation
shall not exceeO tlnc stars of $3,000. Payment for such services
shall be made upon the receipt by City of itemized bills.
5. City agrees to pay all necessary costs and expenses
incidental to the preparation and trial of said lawsuit, including
filing fees, costs of copying documents, costs of preparing
transcripts, reporter's fees and expert witnesses' fees, all such
costs to be subject to prior approval by the City Council or City
Attorney. City agrees to pay travel and living expenses incurred
by legal counsel while performing services for City other than in
Los Angeles or Orange Counties, and will pay living expenses of
not to exceed $25 per day incurred while Attorneys are engaged in
trial in Orange County.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
AP FQYEJ AS TD 0i'ZM _ CITY F NEWPO EA H
^abed: Q�.2����yLJ ' *�!�'�✓
Cf i Y A,TTVUI1 -EX By e Mayor
f3y Atte$t:
' t
ity Clerk
CITY
HILL, FARRER BURRILL
Y
Partner
ATTORNEYS
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April 27, 1965
Mr. John N. McLaurin
Hill, Farrer & Bun -ill
411 West Fifth Street
Los Angeles, California 90013
Dear Mr. McLaurin:
Attached is a fully executed copy of the Agreement between the
City of Newport Beach and Hill, Farrer 6 Burrill. The Mayor and
City Clerk were authorized to execute subject Agreement by the
adoption of Resolution 6134 on April 25, 1965, copy of which is
attached for your records.
MS /mjc
Fncl.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
r
To
From:
CITY OF NEWPORT BEACH
City Clerk
City Attorney
CITY ATTORNEY
DE NT
April 22, 1965
r.
Subject: Agreement for legal services with Hill, Farrer & Burrill
Transmitted are the original and two copies of the subject agree-
ment for legal services in connection with the lawsuit against
the California State Highway Commission with regard to the free-
way routing, the original and one copy of which have been executed
by John N. McLaurin on behalf of Hill, Farrer & Burrill. The
attached resolution, if adopted by the City Council, will approve
the agreement and authorize execution thereof on behalf of the City.
Following execution of the agreement for the City, please send a
fully- executed copy to mr. McLaurin of Hill, Farrer & Burrill at
411 West Fifth Street, Los Angeles, California 90013.
THS :mec
Encs.
cc - City Manager
Public Works Director
Finance Director
i i ILt:
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City Attorney k/
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t'T;' 1:
March 26, 1965
Mr. John N. McLaurin
Hill, Farrer 6 Burrill
411 West Fifth Street
Los Angeles, California 90013
Dear Mr. McLaurin:
At the Council meeting held on March 22, I was questioned
by a Councilman as to why a written contract with your
firm for legal services was not available for presentation
at that time. I advised the Council that you had a heavy
schedule and had not had time to supply me with the in-
formation necessary to prepare a contract. It would be
appreciated if you would give this matter your prompt
attention. The information requested in my letter of
February 24 should be in my hands no later than April 1
in order that the contract may be presented to the Council
at its next meeting.
£ am sure you will be interested to know that Hoag Hospital
has retained the services of Mr. John MacFaden, a public
relations man from Los Angeles, to make contacts in
Sacramento and to help with organizing a local citizens'
gcommunity roup. The response from key people in the co has
been excellent.
The Mayor and City Council are most anxious that the
suit be filed at the earliest possible date. Please
advise me in your next letter the anticipated filing
Very truly yours,
Tully H. Seymour
THS:mec City Attorney
cc - Margery Schrouder, City Clerk.i
law-
date.
February 24, 1965
Mr. John N. McLaurin
Hill, Farrer & Burrill
411 West Fifth Street
Los Angeles, California 90013
Dear Mr. McLaurin:
This is to advise you that by a motion adopted at the eve-
ning Council meeting on February 23 the City Council
approved the employment of your firm to represent the
City in the proposed lawsuit against the State Highway
Commission concerning the adopted Coastal Freeway Route,
subject to the execution of a mutually acceptable con-
tract.
The following questions should be clarified for purposes
of such contract:
As stated in your letter of February 10, 1965, your fee
for such services shall be at the rate of $35 per hour
for time spent by each attorney, but not to exceed a
maximum total fee of $3,000. This hourly rate would
include all incidental office expenses, including cler-
ical work and overhead. It is my understanding that
the hourly rate would also include all travel and living
expenses incurred while performing services for the
City. It was my understanding from your statements at
the Council study session that the $3,000 maximum fee
will include any appeals which might be taken, includ-
ing any final appeal to the California Supreme Court.
All costs in connection with preparation for trial and
the trial will be paid by the City. Any extraordinary
expenditures, such as outside professional services,
e.g., engineering studies, appraisal reports, and expert
witness fees, shall be subject to prior approval by myself
or the City Council.
Mr. John N. McLaurin
•2-
February 24, 1965
Please let me know if the foregoing statements meet with
your approval. I would also like to have your suggestions
as to any additional matters that should be covered in the
contract. Following receipt of your reply, I will prepare
a contract incorporating our understanding and submit a
draft to you for your approval. The contract could then
be approved by the City Council at its neat meeting, which
will be on March 8, 1965.
The letter which you furnished me at the study session ad-
dressed to Mr. Telford is being put in appropriate form for
the Mayor's signature and will be mailed to Mr. Telford
within the next few days. I will advise you of his response.
THS:mec
Yours truly,
Tully H. Seymour
City Attorney
cc - Paul J. Gruber, Mayor Z
Joseph T. Devlin, Acting
City Manager
Margery Schrouder, City Clerk
0
Mr. John N. McLaurin
Hill. Ferrer 6 nurrill
411 West Fifth Street
Los Angeles, California 90013
0
February 24, 1965
Dear Mr. McLaurin:
This is to advise you that by a motion adopted at the eve-
ning Council meeting on February 23 the City Council
approved the employment of your firs to represent the
City in the proposed lawsuit against the State Highway
Commission concerning the adopted Coastal Freeway Route,
subject to the execution of a mutually acceptable con-
tract.
The following questions should be clarified for purposes
of such contract:
As stated in your letter of February 10, 19650 your fee
for such services shall be at the rate of $35 per hour
for time spent by each attorney, but not to exceed a
maximum total fee of $39000. This hourly rate would
include all incidental office expenses, including cler-
ical work and overhead. It is my understanding that
the hourly rate would also include all trawl and living
expenses incurred while performing services for the
City. It was my understanding from your statesrents at
the Council study session that the $3,000 maximum fee
will include any appeals which might be taken, includ-
ing any final appeal to the California Supreme Court.
All costs in connection with preparation for trial and
the trial will be paid by the City. Any extraordinary
expenditures, such as outside professional services,
e.g., engineering studies appraisal reports, and expert
witness fees, shall be subject to prior approval by myself
or the City Council.
0
Mr. John H. MCIAaurin
4-
0
February 24, 1965
Please let see know if the foregoing statements Beet with
your approval. I would also like to have your suggestions
as to any additional matters that should be covered in the
contract. Following receipt of your reply, I will prepare
a contract incorporating our understanding and submit a
draft to you for your approval. The contract could than
be appproved by the City Council at its next Mating, which
will be on March S, 1%.
The letter which you furnished me at the study session ad-
dressed to Mr. Telford is being put in appropriate form for
the Mayor's signature and will be mailed to Mr. Telford
within the next few days. I will advise you of his response.
Yours truly,
Tully H. Sapmour
THSnmec City Attorney
cc - Paul J. Gruber,, Mayor
Joseph T. Devlin, Acting
City Manager
Margery Schrouder, City Clerk.,/
• 0
LAW OFFICES
HILL, FARRIER & BURRILL
411 WEST FIFTH STREET
LOS ANGELES, CALIFORNIA 90013
CABLE ADDRESS HIMOF "(BENTLEYS CODE)
TELEPHONE 620 -0460
(AREA CODE 213)
February 10, 1965
Mayor Paul J. Gruber
City of Newport Beach
City Hall
Newport Beach, California 92660
Re: Representation in Opposition to Coastal
Freeway Route through City of Newport
Dear Mayor Gruber:
OSCAR A. MELLIN
ASSOCIATE COUNSEL IN PATENT CAUSES
OUR FILE NO.
7, r
Enclosed herewith is the original and copy of our pro-
posed fee arrangement as previously discussed with
Mr. Tully H. Seymour, City Attorney.
If you have any questions concerning the same, do not
hesitate to call or have Mr. Seymour call.
Very truly yours,
;JOAN &.AMciAURIN
OF
HILL, FARRER & BURRILL
JNM:oim
Enclosures
cc: Mr. Tully H. Seymour
City Attorney
.CLN�iI:
r /
0
0
LAW OFFICES
HILL, FARRIER & BURRILL
411 WEST FIFTH STREET
LOS ANGELES, CALIFORNIA 90013
CA.,E A....SS "H IMOF °(B[.tIEI's COOEI
TELEPHONE 620-0460
(AREA CODE 213)
February 10, 1965
Mayor Paul J. Gruber and
The City Council
City of Newport Beach
Newport Beach, California 92660
Re: Representation in Opposition to Coastal
Freeway Route through City of Newport
Gentlemen:
OSCAR A. M ELLI N
ASSOCIATE COUNSEL ,N 1A1E.T CIN
OUR M. NO.
Pursuant to the request of your City Attorney, Mr. Tully
H. Seymour, we are submitting the following proposed fee
arrangement for representation of the City of Newport
Beach in the above - entitled matter.
Our fee for such services shall be at the rate of $35
per hour for all time expended in such represenation;
however, our fee shall not exceed the sum of $3,000. In
addition thereto, you are to pay all costs and expenses
necessarily incurred on your behalf (e.g. filing fee,
transcripts, exhibits in the event of trial, etc.). No
such costs and expenses will be incurred without first
obtaining your approval. Also, any settlement shall be
made subject to your final approval.
Very truly yours,
JOHN N1 McLAURIN
OF
HILL, FARRER & BURRILL
JNM:oim
,A
LAW OFFICES
JP HILL, FARRIER & SURRILL
P 7 TENTH FLOOR
4t1 W. FIFTH STREET AT HILL STREET
LOS ANGELES, CALIF. 90013
10, 1965
c <�or Paul J. 'ra;ber and
1'iee City Council
Cit,° �,f Newport Beach
Newport Beach, Califon ~ia 92660
Re: Representation in Opposition to Coastal
Freeway Route through City of Newport
Gentlemen:
Pursuant to the request of your City Attorney, Mr. 'dully
H. Seymour, we are sub"itting the following proposed fee
arrangc�eent for represantation of the City of Ne,;Mort
Beach in the above - entitled matter.
C,ur fee for such services shall be at the rate of $35
per hour for all time expended in such represenation;
however, our fee shall not exceed the sum of $3,000. In
addition thereto, you are to pay all costs and expenses
necessarily incurred on your behalf (e.g. filing; fee,
transcripts, exhibits in the event of trial, etc..). No
such costs and expenses will be incurred without: first
obtaining your approval. Also, any settlement shall be
made subject to your final approval.
JNM:oim
Very truly yours,
JOHN N. McLAURIN
OF
HILL, FARRER & SURRILL
320 -0430