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Ronald J. Moorse September 4,2003 Page 2 of 4 2.It is our mutual understanding that the Firm has not been asked to, and is not being expected to, provide legal representation or advice to Client or to any other interested parties other than to the Client as specifically outlined in this letter or as specifically requested by the Client. 3.Client agrees to pay the Firm for its legal ser\ ices on an hourly basis, as set forth on the enclosed schedule. The parties will consider the advisability of a contingent-fee arrangement after the City has obtained a preliminary appraisal of the properties that are the subject of the above-referenced actions. The principal attorney advising Client will be Corrine H. Thomson. Client also agrees to pay the Firm for out-of-pocket costs that the Firm incurs in representation of the Client, including but not limited to, copying costs ($.20 per page), long-distance telephone charges, fax charges ($.50 per page), court filing fees, messenger service fees, and mileage at the rate of $.35 per mile. 4.The Firm will provide Client with a monthly invoice describing the legal services provided and costs incurred. Legal services are billed in minimum increments of .1 hour. Client agrees to pay within 30 days afler the date of the invoice. Firm reserves the right to charge interest on late payments as provided by Minnesota Statutes, section 471.425, subdivision 4. 5.Client may tcmiinate this engagement at any ti.nie upon written notice to the Firm. Firm may terminate this engagement for any reason within the Rules of Professional Responsibility. Upon termination, the Finn shall promptly return all files owned by Client. Client shall be responsible for all legal fees and costs incurred through the date of termination. 6.Firm acknowledges that its performance of this engagement is subject to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Firm will not provide any member of the public access to data classified as not public except at the direction of Client. The provisions of Minnesota Statutes, section 181.59, with respect to non-discrimination, are incorporated in this agreement by reference. Please review this engagement agreement carefully. We encourage you to discuss any concerns or questions you may have relating to this agreement. 1 have provided you with Uvo signed originals, each indicating the Firm’s agreement with the terms .set forth in this letter. Please indicate the City ’s agreement with the terms of our representation by signing both originals and returning one to me at the Firm address listed above. 1 am enclosing with this letter some information about the Firm and the attorneys in the firm who work in the eminent domain area. I understand, however, that you may receive the original of this letter and its enclosures after the City Council agenda packet has oeen mailed. Council