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KENNETH N. POTTS. P.A. <br />Anorney at Law <br />3101 Thimsen Avenue <br />Suite 200 <br />MINNETONKA, MINNESOTA 55345 <br />TELEPHONE (952) 474-4240 <br />TELECOPIER (952) 474-0987 <br />LETTER OF AGREEMENT <br />To the Orono City Council, <br />As a duly licensed attorney to practice law in the State of Minnesota, I agree to perform <br />all the duties out lined in the attached Joint Prosecuting Attorney Position Description for <br />the City of Orono upon appointment by the City Council. <br />Further I agree to the following: <br />Terni of Employment. The City employs Prosecutor as an attorney for a term beginning <br />January 1,2004 and ending on December 31,2006 unless terminated under the <br />termination paragraph. <br />Termination. This Agreement shall terminate as follows: <br />a) By mutual agreement of the parties. <br />b) Upon the death of the prosecutor. <br />c) The City may terminate the agreement upon 30 days written notice after <br />which the City shall have no further liability to the prosecutor. <br />d) In addition, the City shall have the right to terminate this Agreement <br />immediately upon the occurrence of any one of the following events: <br />1) The revocation or suspension of Prosecutor’s license to <br />practice law in the State of Minnesota. <br />2) The conviction of Prosecutor of any crime punishable as a felony <br />involving moral turpitude or immoral conduct. <br />Compensation. The City shall pay to the Prosecutor as compensation for his services <br />$30,000.00 per year. Said fee paid by the City encompasses the entire amount owed, <br />except for expenses such as subpoena fees, filing fees and transcript fees. The City shall <br />pay prosecutor one twelfth of said armual amount each month upon receipt of invoice and <br />report of activity.