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04/17/2002 HUGH .J, MORGAN .JAMES T. HENDRICK KAREN K, CABANAS .JEDDE V, REGANTE ROBERT CINTRON, .JR, LAW OFFICES MORGAN &. HENDRICK 3 I 7 WHITEHEAD STREET, KEY WEST, FLORIDA TELEPHONE 305,296,5676 FACSIMILE 305,296,4331 April 10, 2002 Board of County Commissioners of Monroe County Key West, Florida RE: Land Use - Growth Management Representation Amended Letter of Engagement Dear Commissioners: W, CURRY HARRIS ( I 907- J 988) HILARY U, ALBURY ( I 920- I 999) As a result of the trial costs in Shadek Vo Monroe County, the annual cap of our Letter of Engagement for the 2001-2002 fiscal year will be exceeded. While these fees and costs are included in Morgan & Hendrick's annual fee cap, please note that these costs are being directly billed by and paid to outside counsel Frielich. Leitner & Carlisle who are now acting as lead counsel in this matter, as well as our expert witnesses who will be providing testimony as to a much lower damages calculation than that which will be presented by Plaintiffs. This letter is sent as a request to amend our 2001-2002 Letter of Engagement to increase the annual cap by $100,000.00, as set forth below, (Please also note that this increase to the annual cap will include the $150,000 previously allocated to defend the Shadek case). The law firm of Morgan & Hendrick ("Law Firm") and the Board of County Commissioners hereby agree to amend their FY 2001-2002 Letter of Engagement initially entered into between the parties December 8, 1992. All terms and conditions shall be as set forth in the December 8, 1992 engagement letter except that the cap on total fees for the fiscal year ending September 30, 2002, shall be set at $450,000.00 per annum, subject to the budget for that fiscal year, allocating sufficient funds. This amendment increases the annual cap by $100,000,00 to cover additional costs incurred due to the trial costs associated with Shadek v. Monroe County. 3: o c :z: J:l' ~ ("j ::': fT1; ::; ("'). ,-' 00: 5:u;'l:; -. CI -1(")f ;<,......::c: 'l> -., C> ;: ,." ACKNOWLEDGED, UNDERSTOOD AND AGREED ~ ~It!ay of Aprq 2002. BOARD OF COUNTY COMMISSIONERS Monroe County Very truly yours, Karen K. Cabanas For the Law Firm of Morgan & Hendrick MAILING ADDRESS: p,O, Box I 1 17, KEY WEST FL 33041 E-MAIL: KCABANAS@MORGANANDHENDRICK.COM ~ e;:) .." ~ ~ r- :J> r'T1 " CJ ::::u N .." Ul a ::0 :J> :::0 ::r: rr1 ....0 ("') a ::0 N 0 APPROVED AND LE BY DATE MAILlNO ADDRESS: P.Q, Box I I 17, KEY WEST FL 33041 E-MAIL: KCABANAS@MORGANANDHENDRICK.COM