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HomeMy WebLinkAboutContract 45287 (2)CANTEY HANGEFLLP RALPH H. DUGGINS DIRECT: 817.877.2824 EMAIL: RDUGGINS@CANTEYHANGER.COM ATTORNEYS December 199 2013 Fort Worth Housing Finance Corporation c/o Tom Higgins General Manager 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Sarah J. Fullenwider, City Attorney Ladies and Gentlemen: CITY CONTRACT 140.L1. ir 7f1 -- CANTEY HANGER PLAZA 600 WEST 6TH STREET, SUITE 300 FORT WORTH, TEXAS 76102 - 368 5 817.877.2800 - METRO 214.9 78.4199 FAx: 817,877.2807 Thank you for contacting me ("Attorneys") about pursuing claims against Chesapeake Exploration, L.L.C., its affiliates ("Chesapeake") and Total E & P USA, Inc. and its affiliates ("Total") for underpayment of royalties due under various oil and gas leases to which the Fort Worth Housing Finance Corporation and The 'Villas of Eastwood Terrace, LLC (collectively as "FWHFC") are Lessor and Chesapeake and/or Total are Lessee or successor Lessee. We agree to represent the FWHFC against Chesapeake and Total for the purpose of recovering any y royalties underpayment of under the Leases and otherwise pursuing rights FWHFC has or may have under those same Leases on a contingency fee basis. You agree that we do not and cannot guarantee a successful outcome of any claim. While we plan to vigorously prosecute any claims FWHFC may have, you also acknowledge that the Attorneys have little control over the administration by a court of its docket and that dockets are generally crowded. In consideration of the legal services to be rendered to FWHFC by the Attorneys, FWHFC assigns and grants to the Attorneys as fees 3 3 -1 /3 % of any and all amounts or value received by FWHFC, whether by way of settlement, or judgment from a court. In addition, FWHFC agrees to pay from its portion of any recovery the costs and expenses incurred by Attorneys. These include filing fees, court costs, deposition costs, costs for testifying and consulting experts, discovery, and damage calculation costs, copying costs ($.10 per page) and Attorneys' travel expenses. Because the claims against Chesa eai __ DALLAS • FORT WORTH • SOUTH LAKE OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX firer MERITAS LAW FIRMS WORLDWIDE RECEIVED JAN 14 2014 Fort -Worth Housing Finance Corporation December 19, 2013 Page2of3 and Total are claims for which a court may award attorneys' fees, if attorneys' fees are awarded. and are greater than the amount owed under this contingency fee arrangement, FC agrees to pay the attorneys the amount awarded by the court and collected as the attorneys' fees for the legal services rendered in lieu of one third of any and all amounts or value received by FWHFC. In lieu of the proposed contingency fee arrangement, you understand that Attorneys could have been hired on an hourly basis and that an engagement on an hourly basis would have required payment of fees regardless of whether or not F/HT'C is successful in the pursuit of its claims and that a contingency fee, if owed, may result in the payment of attorneys' fees that are greater than thosethat would have been paid if the matter had been handled on an hourly basis. Any offers of settlement will be promptly communicated to FWEITFC and no settlement of FWI IF C's claims will be made without F WHFC's prior approval. F WHF C may discharge us as attorneys at any time. However, if F '-IF C elects to discharge us as attorneys, it agrees that Attorneys will retain an interest in F 1HFC's claims as set forth in paragraph 1, provided we have not been discharged for malfeasance or negligence that materially damaged F WHFC's claims. FWHFC acknowledges it has a copy of the Texas Lawyers Creed and understands that Attorneys are committed to abide by that Creed. The State of Bar investigates and prosecutes professional misconduct by Texas attorneys. Although not every complaint or dispute with an attorney involves professional misconduct, the Office of General Counsel of the State Bar will provide information on how to file a complaint. Please call h800- 9321=1900 for more information. • FWHFC agrees to cooperate with the Attorneys by making staff familiar with the Leases and the payment of royalties and records pertaining to those hatters available to Attorneys upon reasonable notice. Please remember that most communications between City officials and the Attorneys relating to the claims against Chesapeake and Total are confidential and protected from disclosure by the attomeyaclient privilege. That privilege can potentially be lost, and some or all communications between us may be discovered, if the communications are disclosed to a third party. Under Texas and Federal Rules of Civil Procedure and Rules of Evidence, it is critical to preserve potentially relevant information once litigation is reasonably anticipated or commenced because the failure to comply with those rules can have dire Fort Worth Housing Finance Corporation December 19 2013 Page 3o. consequences (including sanctions ranging from monetary penalties to much more severe penalties, including dismissal of to action). h it has no'c already done so, it is essential that ILIWEITC immediately preserves until further notice any information pertaining to any of the leases at issue, including all external or internal communications concerning those leases. In the event you have not already issued a litigation hold in this matter, we request that you immediately do so. As part of that hold, please -take care to discontinue any routine deletion or archival processes that might inadvertently delete or destroy any electronic or other information, Please let me know if you would like assistance in instituting a litigation hold. RI C agrees that Attorneys' communications with FWITFC with respect to this matter shall be made through Sarah .1. Fullenwiders City Attorney, and/or Gerald Pruitt, Deputy City Attorney. FW FC agrees that Attorneys may, at their sole discretion, engage or employ other attorneys, including John Cardwell, to work with Attorneys in conzneetion with the engagement. Attorneys agree that all fees and expenses owed to such attorneys, including John Cardwell, will be the sole responsibility of Attorneys and that F WHFC shall have no responsibility whatsoever for such fees or expenses. This Agreement contains all of the terms of the financial arrangement between FWEIFC and the Attorneys and can only be modified by a written document signed by an authorized representative of FWHFC and by the Attorneys. The engagement is effective October 1, 2013. Fort Worth Housing Finance Corporation: By: Tom Higgins General Manager Approved as toy form and legality: cl%G • • Sarah? ullenwider Cr Attorney FF1CIAL Rl:C Ct RD CITY SECRIVA V