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3. The City recognizes that, because of the complexity <br />of the case, attorney's fees at the rate of $150.00 per <br />hour would be reasonable. Therefore, the City will pay as <br />additional legal fees to Eric Valen and Richard Meyers an <br />additif�ne! $100.00 per hour for all hours spent to this <br />A <br />ate. These amounts are to be paid after the City has been <br />reimbursed as set forth in paragraphs 1 and 2 above to the <br />extent that there are funds available from any verdict or <br />settlement. <br />4. Attorneys Foster, Valen and Meyers will further <br />represent the City from this date at the billing rate of <br />$50.00 per hour; however, Mr. Foster will be entitled to be <br />paid at the rate of $150.00 per hour for actual trial time <br />spent. The City shall pay as additional legal fees to <br />Attorneys Foster, Valen and Meyers an additional $100.00 per <br />hour for future hours spent (except for the trial hours <br />rendered by Mr. Foster). These additonal amounts of $100.00 <br />per hour will be paid after the City has beep_ reimbursed as <br />set forth in paragraphs 1 and 2 above to the extent that <br />there are funds available from any verdict or settlement. <br />5. After the City has been reimbursed for all of its <br />expenses actually paid, for any property damage incurred, <br />for all additional legal fees incurred as set forth in <br />paragraphs 3 and 4, then from any excess amounts recovered. <br />by way of verdict or settlement Messrs. Foster, Valen and <br />Meyers shall receive as additional legal compensation 15% of <br />said excess funds. <br />We have recently been notifie- that the trial date for this <br />case has been set for September 7, 1988, in Federal Court. <br />We have also received a Notice of a Pretrial -Settlement <br />Conference to be held on September 1, 1988. We anticipate <br />moving for a continuance of this case to allow further <br />discovery and preparation. We will keep you advised. <br />Yours truly, <br />y"&a//4"", :4, <br />Richard Meyers <br />Mounds View City Attorney <br />cc: Eric W. Valen <br />William Foster <br />