09/10/2003
Hugh J. Morgan
James T. Hendrick
Karen K. Cabanas
Robert Cintron, Jf.
LA W OFFICES
MORGAN & HENDRICK
317 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TELEPHONE 305.296.5676
FACSIMILE 305.296.4331
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August 28, 2003
Monroe County Board of County Commissioners
RE: Land Use - Growth Management Representation - Letter of Engagement
Dear Mayor and Commissioners:
For the FY02-03, this law firm was budgeted $350,000 to cover all Growth Management litigation costs.
During this year, the Shadek litigation was specifically allocated and incurred $150,000 of this total
budget. This litigation resulted in significant costs, including all fees and costs to outside counsel
Freilich, Leitner & Carlisle. Significant costs were also incurred this year by the vacation rental class
action (Neumont v. Monroe County) with Monroe County prevailing at the trial court level on summary
judgment and without incurring trial costs. As a result, the total litigation budget for FY02-03 will be
exhausted by fees and costs incurred through July 31,2003. It is always our primary concern to provide
the foremost legal representation without unnecessary costs or expenses. However, numerous cases
remain active and require representation through the remainder ofFY02-03, including an August 22,2003
trial in Eads v. Monroe County. Accordingly, we hereby request to amend our letter of engagement as
follows and as always, please do not hesitate to contact me if you have any questions or concerns
regarding any pending litigation.
Amendment of FY02-03 Letter of Engagement
The law firm of Morgan & Hendrick ("Law Firm") and the Board of County Commissioners hereby agree
to amend the Letter of Engagement fees for the fiscal year ending September 30, 2003, to increase the
annual cap by $45,000.00, allocating sufficient funds.
Very truly yours,
~~r7
Karen K. Cabanas
For the Law Firm of Morgan & Hendrick
ACKNOWLEDGED, UNDERSTOOD AND AGREED this/ O~day oU /l.j:)f. 2003.
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For Monroe County
(Seal) DANNY L. KOLHAGE, Clerk
Attesh , /l ~ ~ j..' . APPROVED AS TO FORM
BY'~C ~ AND ~-p-..I.,./
BY: o/~~J
MAILING ADDRESS: P.O. BOXW, EY WESTFL 33041
E-MAIL: KCabanas@morganandhendrick.com