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Home My WebLink AboutResolution - 2024-R0027 - Letter Of Engagement For Legal Services, With Barron, Adler, Clough & Oddo, LLP - 01/09/2024Resolution No. 2024-R0027 Item No. 6.27 January 9, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Engagement, by and between the City of Lubbock and the Law Offices of Barron, Adler, Clough & Oddo, L.L.P., and related documents. Said Letter of Engagement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 9, 2024 "I'RA ATTEST: Courtney Paz, City Secre ary APPROVED AS TO CONTENT: �-� ` . Erik Rejino, Assistant City Manager APPROVED AS TO FORM: A .. Si , Deputy ity Attorney RES.Ltr of Engagement- Barron, Adler, Clough & Oddo, L.L.P. Resolution No. 2024-R0027 Austin Office 808 Nueces Street Austin, TX 78701-2216 Telephone: (512) 478-4995 Fax: (512)478-6022 �BARRON, ADLER CLOUGH & ODDO PLLC TEXAS EMINENT DOMAIN ATTORNEYH ATTORNEY FEE CONTRACT The City of Lubbock ("Client" or "the City") hereby employs the Law Offices of Barron, Adler, Clough & Oddo, PLLC ("Firm") to represent Client as Client's attorneys to seek just compensation associated with the condemnation of real property for the construction of the Loop 88 Project in Lubbock County, Texas. The property to be condemned by Texas Department of Transportation ("TxDOT") has been designated as Parcel # 166. Client authorizes the Firm to accept service and communicate on Client's behalf concerningthe acquisition of Client's property as referenced above. Client understands and agrees to pay Firm attorney's fees equal to the number of hours worked by attorneys on this matter at the rates indicated below. Christopher M. Clough $750/hour Christopher J. Oddo $750/hour Andrew York $550/hour Blaire Knox $550/hour Paralegal $150/hour Client agrees that attorney's fees and expenses shall before due and payable upon receipt of a statement for services rendered and expenses incurred. As a condition of employment, Client agrees that the Firm has the right to cease legal work and keep all funds received for legal services if Client does not make payments as required by the Firm ("Hourly Fee"). Client further understands and agrees that Client will be responsible for paying necessary third-party costs (such as, without limitation, court costs, deposition costs, overnight mailing, mediation/arbitration fees, etc.) and appraisers' or other expert witnesses' fees, if same are required. In no event will any cost over $500.00 be incurred without Client's approval. The Firm shall have the right to deduct any unpaid expenses from Client's portion of any recovery. Client represents that no other party has an interest in the subject property and that the Firm represents all necessary parties in this agreement. Should any tenant or lien holder in the subject property have a compensable interest in the condemnation proceeds, then such interest shall not be deducted from the basis priorto calculatingthe Contingent Fee Cap Amount, because any such interest exists regardless of the Firm's representation of Client. Client shall seek any necessary approvals of this agreement with any interested lien holder of the subject property. Attornev Fee Contract The City of Lubbock Loop 88 Project January 10, 2024 Page 2 In the event this suit is dismissed, Client understands that Client is obligated to pay the Firm a reasonable and necessary fee in the amount of the usual and customary fee for such work, which the Firm shall collect from the condemning authority pursuant to §21.019 and/or §21.0195 of the Texas Property Code. Client understands and agrees that Client will not make, or attempt to make, any settlement of Client's action without first consulting Client's attorneys, and Client further understands that no settlement of Client's action will be made by Client's attorney without Client's express consent and approval. Client understands that the Firm makes no promises or guarantees as to the outcome of the case other than to provide reasonable and necessary services. Client understands that the Firm may destroy Client's file five (5) years from the date the file is closed. Client agrees to request, in writing, the return of any items contained in the file from the Firm after Client's file is initially closed. If Client fails to request, in writing, the return of any items after Client's file is initially closed, Client understands that said items may be destroyed after five (5) years. Client understands that the Firm's attorneys are not trained in tax law and, therefore, cannot advise Client on whether any recovery Client may secure will be subject to federal income or any other kind of tax, or when any such liability might arise depending on when Client receives payment or distributions. Client should consult with Client's own tax advisor or Certified Public Accountant regarding tax issues. As required by the State Bar Act, the Firm hereby advises Client that the State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office of General Counsel will provide information about how to file a complaint. For more information, please call (800) 932-1900. This is a toll-free call. _�_ Attornev Fee Contract The City of Lubbock Loop 88 Project January 10, 2024 Page 3 CLIENT AGREES THAT THE FIRM MAYBE ADVERSE TO CLIENT ON OTHER CASES THAT ARE NOT DIRECTLY RELATED TO THIS SPECIFIC MATTER As is stated herein, this contract would involve TxDOT's condemnation of Parcel #166, a portion of the City's parent tract at the northeast corner of FM 1585 and Milwaukee Avenue, presently used as a recreational park. The City herein retains the Firm to represent the City concerning TxDOT's condemnation of said Parcel 166. The City and the Firm recognize that there may be other cases and other claims that are not directly related to the condemnation of Parcel #166, (1) in which the City sues a person or entity or (2) in which a person or entity sues the City. Hereafter, the claims referenced in the immediately preceding sentence are referred to as the "Other Claims". As part of the Firm agreeing to take on this representation in the condemnation of Parcel #166, the City understands and agrees that, despite the Firm representing the City in the condemnation of Parcel #166, the Firm remains free to represent other persons and entities in these Other Claims. As part of the Firm agreeing to take on this representation, the City agrees that the City will not seek to disqualify the Firm from representing other persons and entities in such Other Claims against the City. As part of the Firm agreeing to take on this representation, the City understands and agrees that, if, in a case arising out of Other Claims, the Firm represents a person or entity against the City, the City will not use, as a reason to disqualify the Firm, the fact that the Firm has obtained confidential City information from the City in the condemnation of Parcel #166. The following is offered as an example of the concepts discussed in the immediately preceding three paragraphs. The Firm does a lot of legal work for commercial real estate owners ("Commercial Owners"). If, while the Firm was representing the City in the condemnation of Parcel #166, the City was to bring a new and separate condemnation case ("New Condemnation Case") against a Commercial Owner, because the condemnation of Parcel #166 and the New Condemnation Case are not directly related, the Firm could simultaneously represent the City in the condemnation of Parcel #166 and represent the Commercial Owner against the City in the New Condemnation Case. Likewise, once the Firm's representation of the City has ended, if the City was to bring the New Condemnation case against the Commercial Owner, the Firm could represent the Commercial Owner in the New Condemnation Case. Again, the Firm can represent any person or entity on any new matter against the City (the "New Matter") at any time as long as that New Matter is not directly related to the condemnation of Parcel #166. This contract represents the entire and complete agreement between the parties. Client has read this contract and agrees to each of the terms and conditions stated above. -�- AttorneV Fee Contract The City of Lubbock Loop 88 Project January 10, 2024 Page 4 Witness my hand this 9th day of January , 2024. The City of Lubbock �y: N a m� Tray Payne Title: Mayor ACCEPTED: BARRON, ADLER, CLOUGH & ODDO, PLLC By: Christop er M. Clough, Managing Partner -a-