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Home My WebLink AboutC-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) li 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 46 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 2. l 1 Mt�rzurlMMit #0. 2 A MtMA3'I(,Mri Of TU CI?T COOKIL CI► M CIt! Or =WOW SMACR AAti'I'NKI$INR M 118 M"iIQY CW AM S i+ AQRENOW IM LIM MttbVICIS 41 S wxw". thme Ilan bass pre" at m to do city Cowell of s' the dtgr at 9 -jp a g saw* a aast"a sproom at bateoaa 00 tllaj sad 7 1 Rill* i sotsiu gm used srtMsao in aaamaotiaa with 00 a 8( laitiatioe sad Itoaaartima of a I�t &Sabot tW Calltosa14 9 i stata A&MY cowliaotoa tae do / at O"W"tt" to ast "Ids to JI; the aetlaa apt said ComMasim is ada'tIm a coastal saatO im tits 11!� taet� mast �t+frMT{ and J' lz I ! MMSO, ttta city Comwil bras soaalimmd the tracts sad 13 ' oaaditloaa OI Maid aRreft"t sad tatted thm to ba 'roas"Ole sad i. 14'I', Ow"blat 151' was, ZRRRR>1MO U IT W% VU that Said SPaMaat tort 1611 1*01 servis" M apprm! aM 00 Mare and 0191 Cleft Am Msd►t 17 asubwIs" sad dlmad to aaoaeMM do ~ as WWII Of do 0197 18 Of 31 vpmt saacb. 191: ADOFM %Me 2#tb day of AVftI* 065. 21I'' 22 AT1'lMS3`t 23i 1. 241 25 26� 27 28I 29 I'l 30 31 32 +I i P G 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: oil KA mv City Attorney k/ �L CiT`z s; 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