11-09-2005 SHERMAN & HOWARD LLC LETTER OF ENGAGEMENT FOR RICD ADJUDICATIONSherman & Howard L.L.C.
GARY L. GREER
Direct Dial No.: (303) 299-8322
E-mail: ggreer@sah.com
Town of Avon
Attn: Mr. Norman Wood
Post Office Box 975
Avon, Colorado 81620
Re: RICD Adjudication
Dear Mr. Wood:
ATTORNEYS & COUNSELORS AT LAW
633 SEVENTEENTH STREET, SUITE 3000
DENVER, COLORADO 80202
TELEPHONE: 303 297-2900
FAX: 303 298.0940
OFFICES IN: COLORADO SPRINGS
RENO • LAS VEGAS • PHOENIX
November 9, 2005
The purpose of this letter is to confirm our engagement as water rights counsel to
adjudicate a Recreational In-Channel Diversion water right (RICD) for the Town of Avon. In
undertaking a new matter we believe it a good practice to confirm the scope of our
representation and other terms of our engagement. We understand you have retained us to
prepare and file an application to the Water Court for Water Division No. 5 for a water right for
a whitewater park in the Town of Avon. In doing this we will work together with you and your
consulting water engineers and design consultants. We will conduct negotiations with opposing
parties and conduct litigation as needed to pursue the RICD application to a final judgment and
decree in water court. We will also handle related RICD proceedings before the Colorado
Water Conservation Board, and, if necessary and with your approval, any appeals from the final
judgment and decree of the water court.
Doran Matzke and I will be the lawyers at this firm who will coordinate and
oversee the services we perform on your behalf. We may delegate some matters to other
lawyers or legal assistants in our firm when they are in a better position to carry them out
because of experience or other reasons. In order to minimize the fees incurred by The Town, we
will try to delegate tasks to those who can properly do the task at the least cost to you.
With respect to financial arrangements, the legal fees we will charge for our
services for this work will be determined by reference only to the amount of time we devote to
this matter, using our minimum hourly rates for this type of work. We will not use other factors
to adjust our fees. The hourly rates which our firm establishes for all lawyers and legal
assistants are set according to their levels of experience. You should also know that the scale
itself is adjusted occasionally. Presently, my billing rate for this type of work is $225.00,
Ms. Matzke's rate is also $225.00 for this type of work. Our fees will be billed monthly.
Sherman & Howard L.L.C.
Town of Avon
November 9, 2005
Page 2
In addition, you will incur fees of engineering consultants and other experts in
the course of the adjudication of the RICD. These fees will be billed to you directly by them.
While representing you in this litigation we intend to assert your position
vigorously and efficiently. However, we want you to understand that in representing any client
in a contested adversarial matter, we cannot promise or guarantee the ultimate success of the
client's position in the lawsuit. Our performance also depends, in large part, upon your
cooperation, and particularly upon prompt receipt of information and instructions from you
from time to time as the matter progresses.
If anything I have stated in this letter or the enclosed memorandum, presents a
problem, or is unclear, will you advise me promptly, so that we may discuss it and reach a full
understanding? Otherwise, please execute the enclosed copy of this engagement agreement and
return it to me.
Yours very truly,
Gary L. Greer
GLG/dmc
Enclosure
Acypted a~ greeA to this
-6 -d of a-m , 2
By: C
Name: u lc0cf C .
Title: c< '
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer 41
Date: November 16, 2005
Re: Sherman & Howard L.L.C. - Letter of Engagement for RICD Adjudication
Summary: Gary L. Greer with Sherman & Howard L.L.C. submitted the attached letter
of engagement (Exhibit 1) to confirm their engagement as water rights counsel to adjudicate a
Recreational In-Channel Diversion water right (RICD) for the Town of Avon. The RICD
Application is proposed in conjunction with the Eagle River Recreational Enhancements
Project. The letter of engagement outlines the general services to be provided, the personnel
providing the service and the billing rate for these services. The letter of engagement is
accompanied by a schedule of activities and estimated fees through December 31, 2005
(Exhibit 2), that includes filing of the RICD Application with the Water Court for Water
Division No. 5. The projected Fees through December 31, 2005 are $25,650. These fees
have been included in the proposed budget amendment addressed by Resolution No. 05-55.
Approval of this Letter of Engagement formalizes action and direction previously taken by
Council.
We recommend approval of the Letter of Engagement from Sherman and Howard L.L.C.
dated November 9, 2005, confirming their engagement as water rights counsel to adjudicate a
Recreation In-Channel Diversion water right (RICD) for the Town of Avon.
Financial Implications: The 2005 estimated cost of these services is ($25,650)
and is included in the proposed budget amendment addressed by Resolution No. 05-55.
Recommendation: Approve Letter of engagement from Sherman & Howard
L.L.C. dated November 9, 2005, confirming their engagement as water rights counsel to
adjudicate a Recreational In-Channel Diversion water right (RICD) for the Town of Avon.
1AEnginee6ng\CIP\RICD\22.O Contract Services\Legal Engagement Ltr Menio.Doc 1
Proposed Motion: I move to approve Letter of engagement from Sherman &
Howard L.L.C. dated November 9, 2005, confirming their engagement as water rights counsel
to adjudicate a Recreational In-Channel Diversion water right (RICD) for the Town of Avon.
Town Manager Comments:
cK
0 Page 2
T I
ATTORNEYS & COUNSELORS AT LAW
633 SEVENTEENTH STREET, SUITE 3000
Sherman & Howard I..L.C. DENVER, COLORADO 80202
TELEPHONE: 303 297-2900
PAR: 303 2980940
OFFICES IN: COLORADO SPRINGS
RENO • LAS VEGAS - PHOENIX
GARY L. GREER
Direct Dial No.: (303) 299-8322
E-mail: ggreer@sah.com
Town of Avon
Attn: Mr. Norman Wood
Post Office Box 975
Avon, Colorado 81620
Re: RICD Adjudication
Dear Mr. Wood:
November 9, 2005
The purpose of this letter is to confirm our engagement as water rights counsel to
adjudicate a Recreational In-Channel Diversion water right (RICD) for the Town of Avon. In
undertaking a new matter we believe it a good practice to confirm the scope of our
representation and other terms of our engagement. We understand you have retained us to
prepare and file an application to the Water Court for Water Division No. 5 for a water right for
a whitewater park in the Town of Avon. In doing this we will work together with you and your
consulting water engineers and design consultants. We will conduct negotiations with opposing
parties and conduct litigation as needed to pursue the RICD application to a final judgment and
decree in water court. We will also handle related RICD proceedings before the Colorado
Water Conservation Board, and, if necessary and with your approval, any appeals from the final
judgment and decree of the water court.
Doran Matzke and I will be the lawyers at this firm who will coordinate and
oversee the services we perform on your behalf. We may delegate some matters to other
lawyers or,.legal assistants in our firm when they are in a better position to carry them out
because of experience or other reasons. In order to minimize the fees incurred by The Town, we
will try to delegate tasks to those who can properly do the task at the least cost to you.
With respect to financial arrangements, the legal fees we will charge for our
services for this work will be determined by reference only to the amount of time we devote to
this matter, using our minimum hourly rates for this type of work. We will not use other factors
to adjust our fees. The hourly rates which our firm establishes for all lawyers and legal
assistants are set according to their levels of experience. You should also know that the scale
itself is adjusted occasionally. Presently, my billing rate for this type of work is $225.00,
Ms. Matzke's rate is also $225.00 for this type of work. Our fees will be billed monthly.
Sherman & Howard L.L.C.
Town of Avon
November 9, 2005
Page 2
In addition, you will incur fees of engineering consultants and other experts in
the course of the adjudication of the RICD. These fees will be billed to you directly by them.
While representing you in this litigation we intend to assert your position
vigorously and efficiently. However, we want you to understand that in representing any client
in a contested adversarial matter, we cannot promise or guarantee the ultimate success of the
client's position in the lawsuit. Our performance also depends, in large part, upon your
cooperation, and particularly upon prompt receipt of information and instructions from you
from time to time as the matter progresses.
If anything I have stated in this letter or the enclosed memorandum, presents a
problem, or is unclear, will you advise me promptly, so that we may discuss it and reach a full
understanding? Otherwise, please execute the enclosed copy of this engagement agreement and
return it to me.
Yours very truly,
Gary L. Greer
GLG/dmc
Enclosure
Accepted and Agreed to this
day of , 2005
By:_
Name:
Title:
AVON RICD FEE ESTIMATE THROUGH DEC 31, 2005
i
CASE ASSESSMENT, DEVELOPMENT AND ADMINISTRATION
Hours
Cost
Hourly Rate
Time from 10119 through 11/10
31
6975
225
Fact investigation/development
8
1800
225
Analysis and Strategy
25
5625
225
Time Spent with Experts/consultants
15
3375
225
Consultations with CWCB Staff, Others
12
2700
225
Other: Meeting with Council etc.
8
1800
225
Sub Total Case Assessment, Development and Administration
99
22275
225
PRE-TRIAL PLEADINGS AND MOTIONS
225
Draft and File Application to Court for Decree
15
3375
225
Court Conferences
0
225
Dispositive Motions
0
225
Other Motions
0
225
Sub Total Pre-Trial Pleadings and motions
15
3375
225 12-31-05
DISCOVERY
Written
0
225
Document Production
0
225
Depositions
0
225
Prepare and take
0
225
Prepare and defend
0
225
Attend
0
225
Miscellaneous work: setting and noticing depositions
0
225
Expert Discovery
0
225
Prepare and defend our experts (2)
0
225
Prepare and take Opposer's experts (4)
0
225
Attend depositions of others
0
225
Discovery Motions
0
225
Other discovery
0
225
Sub Total Discovery
0
225
CWCB PROCEDURE
Written Presentation
0
225
Hearing Preparation
0
225
Hearing
0
225
Sub Total CWCB
0
0
225
TRIAL PREPARATION AND TRIAL
225
Fact witnesses
0
225
Expert witnesses
0
225
Written motions
0
225
Other trial preparation
0
225
TRIAL AND HEARING ATTENDANCE
0
225
Trial time 5 days
0
225
Sub Total Trial Preparation and Trial
0
0
225
0
225
TOTAL FEES
25650