Assignment of Retainer - Schmitt v. Monroe County
ASSIGNMENT OF RETAINER AGREEMENT
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WHEREAS, Monroe County retained the firm of Haben, Culpepper',\'t)U'Jibar &'"
French, P .A., 306 North Monroe Street, Tallahassee, Florida, to represent the County
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in the case of Schmitt v. Monroe County and related cases challenging Monroe
County; and
WHEREAS, Robert C. Apgar, formerly a Shareholder of Haben, Culpepper,
Dunbar & French, P.A. who was principally involved in the representation, has
withdrawn from the firm and is continuing practice as a partnership, Apgar &
Theriaque, 820 East Park Avenue, Building F, Suite 100, Tallahassee, Florida 32301;
and
WHEREAS, Monroe County; Haben, Culpepper, Dunbar & French, P.A.; and
Apgar & Theriaque mutually agree that it is in the best interest of Monroe County for
Robert C. Apgar to continue to represent Monroe County in such litigation;
NOW, THEREFORE, Haben, Culpepper, Dunbar & French, P.A., does hereby
assign all its right, title and interest in the attached Retainer Agreement between
Haben, Culpepper, Dunbar & French, P.A. and Monroe County, dated July 16, 1991,
to the firm of Apgar & Theriaque. Monroe County hereby accepts and ratifies such
assignment.
Apgar & Theriaque shall diligently and zealously represent Monroe County in the
case of Schmitt v. Monroe County and cases related, subject to the direction of the
County Attorney. Robert C. Apgar, a partner in the firm, shall be lead counsel for the
firm with the assistance of other partners and legal assistants as necessary. Monroe
County shall compensate Apgar & Theriaque at the rate of $150 per hour for Mr.
Apgar's time, $125 per hour for Mr. Theriaque's time, and $35 per hour for legal
assistants or law clerks.
Compensation for all services rendered through May 31, 1992, shall be payable
to Haben, Culpepper, Dunbar & French, P.A. Compensation for all services rendered
on or after June 1, 1992, shall be payable to Apgar & Theriaque.
Expense reimbursement and invoices shall continue to be provided as specified
in the attached Retainer Agreement.
All other terms of the agreement, not specifically addressed herein shall
continue in full force and effect.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By
By:
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Mayor/Chairman
HABEN, CULPEPPER, DUNBAR &
FRENCH, P.A.
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By: 'fJ! Jf/ L Ii { t :,<:1./ r--~-
Robert S. Cohen
Managing Partner
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RETAINER AGREEMENT
WHEREAS, Monroe County desires counsel to represent it in the
case of Schmitt v. Monroe County and related cases challenging
Monroe County; and
WHEREAS, Haben, Culpepper, Dunbar & French, P.A., 306 North
Monroe Street, Tallahassee, Florida
32301, represents that the
firm is professionally qualified to represent Monroe County in the
above-described litigation;
WHEREAS, Monroe County desires to employ Haben, Culpepper,
Dunbar & French, P.A. to represent it in such litigation;
NOW, THEREFORE,
WIT N E SSE T H:
Monroe County and Haben, Culpepper, Dunbar & French, P.A., in
exchange for the covenants and promises herein contained, mutually
agree as follows:
1. Haben, Culpepper, Dunbar & French, P.A. 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. Robert C. Apgar, a shareholder of the firm, shall be lead
counsel for the firm, with the assistance of other shareholders,
associates and legal assistants as necessary to provide high
quality representation.
3 II Monroe County shall compensate principles of Haben,
Culpepper, Qunbar & French, P.A. at the rate of $150.00 per hour,
associates at $85.00 per hour, paralegals at $35.00 per hour.
Monroe County shall reimburse Haben, Culpepper, Dunbar & French,
P.A. for reasonable documented out-af-pocket costs and travel
expenses. Haben, Culpepper, Dunbar & French, P.A. 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. Payment shall be made within
forty-five (45) days of receipt of statements. statements for
necessary court reporter services shall be forwarded directly to
Monroe County for payment to the provider.
4 · Ei ther party may terminate this Agreement, wi th or
without cause, with thirty (30) days written notice. In the event
Monroe County decides to terminate the Agreement, it shall promptly
provide written notice to Haben, Culpepper, Dunbar & French, P.A.,
which shall cease all litigation-related work for Monroe County as
soon as possible consistent with the Rules of Professional Conduct
governing The Florida Bar. In the event of termination, Monroe
County shall be liable to Haben, Culpepper, Dunbar & French, P.A.
only for actual services rendered and expenses incurred.
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This Agreement shall take effect upon the date of the last
party affixing a signature hereto.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
( SEAL)
Attest: DANNY L. XOLHAGE, Clerk
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Deputy ele
By:
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Mayor/Chairman
Date:
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HABEN, CULPE~PER, DUNBAR
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R ~ert C. Apga \
306'-North Monro ~treet
Tallahassee, FL 2301
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I A/fY'R6VED '-S TO FOFtAI
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