Schmitt v. Monroe County
~~taineF.A~reemep!
WH~EREAS t Monroe County desires counsel to represent it in
the case of Schmitt v. Monroe County and related cases
challenging the imposition of a building moratorium in Monroe
County; and
WE:EREAS, Robert C. Apgar J Esq., of Raben & Culpepper, P .A. ,
306 N. Monroe Street, Tallahassee, Fla. 32301, represents that he
is pro:Eessional1y qualified to represent Monroe County" in the
above described litigation;
WHEREAS, Monroe County desires to employ Robert C. Apgar,
Esq., to represent it in such litigation; now, therefore,
WITNESSETH:
111 M1
Monroe County and Robert C. Apgar, Esq., in exchange for the
covenants and promises herein contained, mutually agree as
follows:
1) Robert C. Apgar, Esq., of the firm of Haben
and Culpepper, shall diligently and zealously represent
Monroe County in the case of Schmitt v. Monroe County
and
cases
related
to
Monroe
County's
interim
development ordinance, subject to the direction of the
County Attorney.
2) Monroe County shall compensate Robert C.
Apgar, Esq., at the rate of $150 per hour, associates
of Haben & Culpepper at $85 per hour, Raben & Culpepper
pa:ralegals at $35 per hour, plus reasonable documented
OUlt of pocket expenses. Robert C. Apgar, Esq., shall
invoice Monroe County through the County Attorney on a
monthly basis for services rendered and expenses. The
County Attorney shall certify the invoice for payment
by' the Clerk. The County Attorney may rej ect, and
refuse to certify for payment, any fee for services or
expense he deems excessive or unreasonable.
3) Monroe County reserves the right to terminate
this agreement, with or without cause, at any time. In
the event Monroe County decides to terminate the
ag,reement, it shall promptly provide written notice to
Robert C. Apgar, Esq., who shall cease all litigation
related work for Monroe County upon receipt. ~1onroe
County shall be liable to Robert C. Apgar, Esq., only
for services rendered and expenses incurred, and
previous ly urJ.paid, up to the time of receipt. Any
services performed or expenses incurred after the
receipt of the written notice shall be at the sole
expense and risk of Robert C. Apgar, Esq. In the case
of termination for cause, Monroe County reserves the
right to withhold from the amount due, an amount
sufficient to compensate and make whole Monroe County
for any damage suffered from the event or events
pr1ecipi tating the termination for cause.
This Agreement shall take effect upon the date of the last party
affixing a signature hereto.
(SEAL)
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
Attest:
~L~t{R
_ lL-.
By_ Mayor7t~airman
Date:
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t{obert ~ .f~1TApgar , ,......,
Haben & Culpepper, P.A
306 N. Monroe St.
Tallahassee, FL 32301
Date:
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