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HILL FIRM 2288, 4TH STREET THIRD FLOOR LAS VEGAS, NV 89101 WWEW.HILLFIRMLAWVERS. COM 702.848.5000 DAN@HILLFIRMLAWYERS.COM April 20, 2020 VIAE-MAIL Bradford Jerbic Las Vegas City Attorney Re: Pie Greetings Brad, ‘Thank you for selecting Hill Firm to fulfill the City of Las Vegas's needs in legal representation defending the City in the group of lawsuits commonly known as the “Badlands litigations.” Please allow this letter to serve as an agreement between Hill Firm and the City of Las Vegas. Hill Firm’s client will be the City of Las Vegas. The scope of representation will be defending the City in all of the currently-pending “Badlands” litigations including, but not limited to, any and all settlement conferences, motion practice, court appearances, trials, appeals, and retrials. The length of representation will be until all of the litigations are fully resolved, meaning closed by the district court with no further possible appeals. However, the City of Las Vegas reserves the right to terminate this agreement at any time without cause. Hill Firm reserves the right to withdraw from representation to the extent allowed by the law and the rules of professional conduct. ‘As we have discussed, Hill Firm will be taking over responsibility for defending the City from all local outside defense counsel that are currently of record in the “Badlands” litigations, with the exception of Shute, Mihaly & Weinberger, LLP, 396 Hayes Street, San Francisco, CA 94102, which will remain active in the litigations as a subject-matter expert in the area of inverse condemnation and as lead counsel regarding substantive matters for all inverse condemnation claims. The City reserves the right to assign litigation roles at any time and as appropriate, including retaining new or additional counsel if necessary. In exchange for representing the City in all of the “Badlands” litigations, the City will pay Hill Firm a flat, unchanging fee of $21,000 per month until the litigations are resolved or this agreement is terminated as discussed above. This amount will be to ensure Hill Firm’s availability, and permit HILL FIRM a8. 4TH STREET ‘THRO FLOOR US VEGAS, NV B9101 Wo WHILLFRIVLAWYERS.COM 702:848.s000 DDAN@HILLFIRMLAWYERS.COM Hill Firm to drastically reduce its current caseload to allow it both to devote the time required in such complex litigations and to eliminate any conflicts of interest. Hill Firm shall begin its representation of the City upon execution of this agreement by the Mayor and its compensation shall commence at the same time, The City will reimburse Hill Firm for out-of-pocket litigation costs advanced in this matter including expert witness fees, deposition fees, witness fees, and filing fees. This retainer letter will be construed under Nevada law, ‘without regard to its principles of conflict laws. In the event of any dispute between our client(s) and us, the exclusive jurisdiction for resolution thereof will be the federal and state courts located in Clark County, Nevada, or, if the dispute concerns our fees, the Fee Dispute Committee of the State Bar of Nevada, and in the event of any arbitration, such proceedings will be held in Clark County, Nevada, The retainer letter may be executed in counterparts, Each of said counterparts, when so executed and delivered, shall be deemed an original and, taken together, shall constitute but one and the same instrument. The retainer letter may be executed by a facsimile of the signature of any party, with the facsimile signature having the same force and affect as if it had been executed by the actual signature of any party. Best, HILL FIRM PLLC Dan Hill, Esq. APPROVED CITY OF LAS VEGAS By: Carolyn G. Goodman, Mayor ATTEST: LuAnn D. Holmes, MMC City Clerk HILL FIRM 2ass.aniesrReer THRDFLOOR AS VEGAS, NVEPIOT WWE VUERLFROLAWYERS.CON 7023848.5000 DDANSHOLLFIRLAWWYERS.COM