HomeMy WebLinkAboutContract 31294 • CITY SECRETARYO
CONTRACT NO,. a
KELLY, HART & HALLMAN
(A PROFESSIONAL CORPORATION)
ATTORNEYS AT LAW
201 MAIN STREET,SUITE 2500
02-03-05AO3 : 12 RCVD FORT WORTH,TEXAS 76102
TELEPHONE(817)332-2500 301 CONGRESS,SUITE 2000
TELECOPY(817)878.9280 AUSTIN,TEXAS 78701
WRITER'S DIRECT DIAL NUMBER 17)878-3546 TELEPHONE(512)495-6400
DIRECT FAX NUMBER: (817)878-9242
TELECO PY(512)495-6401
EMAIL ADDRESS: andy_rogers@khh.com
January 20, 2005
Mr. Richard A. Myers
RCC Development Company
99 Main Street, Suite 200
Colleyville, Texas 76034
Mr. David Yett
City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Re: Waiver of Kelly, Hart &Hallman, P.C. conflict of interest
Dear Richard and David:
As you may be aware, this law firm currently represents RCC Development Company and
its affiliates and/or its assignees ("RCC") in connection with its potential purchase of 2,233 acres
of real property in the city limits and/or the extraterritorial jurisdiction of the City of Fort Worth,
Tarrant County, Texas, from MTV Real Estate Limited Partnership (the "RCC Purchase"). As
you may also be aware, this law firm also represents The City of Fort Worth (the "City") in
various other legal matters. The City has requested that we represent it in connection with water
and sewer regulatory issues, and issues regarding the City's consideration of requests for consent
to form districts in its ETJ (including issues related to the negotiation and drafting of consent
agreements and developer agreements with the developers), as those issues may arise with respect
to the land included in the RCC Purchase. In connection with the request for representation by
the City, Kelly, Hart & Hallman, P.C. will be representing only the City, and will not be
representing RCC.
Because our firm has also represented RCC in connection with matters unrelated to the
RCC Purchase, and because we believe that the representation by Kelly, Hart &Hallman, P.C. of
each of RCC and the City will not be materially affected by our representation of the other, we
request that the City and RCC sign below to acknowledge their respective consent to our
representation of the both clients in the matters described above and our continued and future
representation of both clients in other unrelated matters. With respect to any future matters
pertaining to the RCC Purchase, Kelly, Hart & Hallman, P.C. reserves its right-to_ple
continue to represent only the City.
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671141 2 cJ'�L� ''�1v1 �Ijlll
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Mr. Richard A. Myers
Mr. David Yett
January 20, 2005
Page 2
If this meets with your approval, please sign the enclosed counterpart of this letter and
return it to me. Thank you for your cooperation in this matter.
Very truly yours,
J. Andrew Rogers
,,{'�
4�Accepted and agreed to this `t' day of T(Ai�^�� , 2005:
RCC Defe-I-o�pment Company,
a Texas corpor ion
By:
Name: Richard A. Myers
Title: President
Accepted and agreed to this 5-A day of Pb-Q , 2005:
City of Fort Worth, Texas
By:
Name:
Texas: 1
ContracL- Authorization
Attest:
f,\\A
Date
City Secretary
Approved as to form and legality:
David Yett, City Atto ey
CITY/ ��� QQll���.���
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