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<br />THE BARTHET FIRM <br /> <br />LAWYERS TO IIUSINESS <br /> <br />. <br />200 South Biscayne Boulevard, Suite 1800 <br />Miami, Florida .33131 <br />(305) 347.5290 . Fax (305) 377.8695 <br />www.bartheLcom <br />mail@barthet.com <br /> <br />Patrick C. Banher <br />Alexander E. Barthel <br />Paul D. Breilner <br />Peler H. Leavy <br />John C. Hanson, 11 <br />Daniel Morman <br />Doron Weiss <br />Ryan B. Lamchick <br />Daniel Wasserstcin <br /> <br />- <br />Publishers <br />THELlENZONE6 <br />www.lhclicnzonc.com <br /> <br />September 18, 2008 <br /> <br />F" r t"';"" \. <br />ti C t.J '~~' i <br /> <br />.. <br />.~ <br />j;. If <br /> <br />Via Electronic Mail Dnlv <br />Hans Ottinot. City Attorney <br />City or Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br /> <br />(') <br />1..Jcr -l <br /> <br />'1"''''0 <br />Ll,.i\-.J <br /> <br />CITY('C' ' <br />OFFiC-~ ,:> ;' <br /> <br />RE: Engagement Agreement <br /> <br />Dear Hans: <br /> <br />We are writing this letter to confirm the basis of our engagement. I f you agree with the noted <br />terms, please sign and return a copy as soon as possible. IfyolJ have any questions, feel free to call me. <br /> <br />I. Clicnt: Scope of Representation. The City of Sunny Isles Beach will be ourclienl (relerrcd <br />to as "you" or "your" throughout this letter). We have been engaged to dran an opinion letter with <br />respect to the viability of a liquidated damages claim and additional set-off claims that you may havc <br />against the contractor of the public project known as Pelican Community Park "Community Center. II <br />You may limit or expand the scope of our representation from time to time, provided that any substantial <br />expansion must be agreed to by us. <br /> <br />2. Term of Enga~emenL Either of us may terminate the engagement at any time for any <br />reason by written notice, subject on our part to applicable rules of professional conduct. In the event that <br />we terminate the engagement, we will take such steps as are reasonably practicable to protect your <br />interests in the above matter. I fpermission for withdrawal is required by a cour1, we will promptly apply <br />For such permission, and you agree to engage successor counsel to represent you. If you terminate the <br />engagement, you agree to immediately pay our costs and fees, incurred through the date oftennination on <br />a non-litigation matter and those incurred through the date ofa court ratified withdrawal on a litigation <br />matter. <br /> <br />Unless previously terminated, our representation of you will terminate upon our sending you our <br />final statement for services rendered in this matter. Following such termination, any other.vise nonpublic <br />information you have supplied to llS which is retained by us will be kept confidential in accordance with <br />applicable rules of professional conduct. At your written rcqucst, your papers and propcr1y will be <br />returned to you promptly upon our receipt of payment for outstanding fees and costs. Our own files, <br />including lawyer work product, pertaining to the matter will be retained by thc firm. For various reasons, <br /> <br />Exhibit "A" <br />