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REL: 3/19/96
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made and entered into this day of
R4daL , 1996, by and between the City of Santa Ana,
a municipal corporation of the State of California ("CITY"), and
LEBOEUF, LAMB, GREENE & MacRAE, a law firm ("ATTORNEYS"),
W I T N E S S E T H
Recitals:
1. CITY desires to employ a firm of attorneys to assist the
City Attorney by providing legal services in connection with that
certain lawsuit entitled Transpacific Realty Ventures Inc. V. The
Community_ Development Agency_ of the City of Santa Ana, Orange
County Superior Court No. 729613, including any appeal thereof to
the Fourth District Court of Appeal.
2. ATTORNEYS are licensed to practice law in the State of
California, have special experience and knowledge in the field of
the defense of tort actions against municipalities, and desire to
undertake said employment.
WHEREFORE, for and in consideration of their respective
and mutual covenants and agreements hereinafter contained, and
subject to all the terms and conditions hereof, the parties hereto
do hereby agree as follows:
A. EMPLOYMENT OF ATTORNEYS.
CITY hereby agrees to and does employ ATTORNEYS, for the
fees hereinafter specified, to assist the City Attorney of CITY,
when and as requested by said City Attorney to do so, in connection
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with that certain lawsuit entitled Transpacific Realty, Ventures,
Inc. v. The Community Development Agency of the City of Santa Ana,
Orange County Superior Court No. 729613, including any appeal
thereof to the Fourth District Court of Appeal. ATTORNEYS accept
said employment and agree to perform, in timely and efficient
manner, all of such services as may be requested by the City
Attorney of CITY. Richard R. Terzian shall provide such services
on behalf of ATTORNEYS unless otherwise agreed upon in writing by
ATTORNEYS and the City Attorney.
B. PAYMENT FOR SERVICES RENDERED.
CITY agrees to pay to ATTORNEYS, and ATTORNEYS agree to
accept from CITY, as and for payment in full for all of said
services in regard to each such action, compensation at ATTORNEYS'
standard rates, the average of which shall not exceed $225.00 per
hour. Total compensation under this Agreement shall not exceed
$10,000.
C. CONTROL OF LITIGATION.
ATTORNEYS agree that each and every case, suit or
proceeding in which they undertake to assist the City Attorney of
CITY, as aforesaid, shall be and remain under, and subject to the
control and direction of said City Attorney or the City Council of
CITY at all stages, and that they shall at all times keep said City
Attorney informed of all matters pertaining thereto. ATTORNEYS
further agree, that if and when their employment hereunder is
terminated by CITY, as hereinafter specified, they shall return to
City Attorney any and all files then in their possession concerning
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each and every case, suit or proceeding in which CITY is a party,
whether the same be then reduced to final judgment or not.
D. ATTORNEYS INDEPENDENT CONTRACTORS.
It is mutually agreed by and between the parties that, in
the performance of their covenants hereunder, ATTORNEYS are and
shall be independent contractors, and not officers or employees of
CITY.
E. TERM OF AGREEMENT.
The term of this Agreement shall commence on the date
first hereinabove written, and shall end on a date in the future,
which shall be not less than thirty (30) days from and after the
date when CITY informs ATTORNEYS, in writing addressed to ATTORNEYS
at their address hereinbelow specified, deposited in the United
States mail, postage prepaid, or when ATTORNEYS inform CITY in
writing, addressed to the City Attorney, 20 Civic Center Plaza,
Santa Ana, California 92701, deposited in the United States mail,
postage prepaid, of the date when this Agreement shall be
terminated.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
alz.
Edward J." (jeta
City Attorney
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CITY OF SANTAIANA
by
David N. Ream
City Manager
LEBOEUF, LAMB, GREENE & MacRAE
by-
Ri6hard R. Terzian /