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2002-04RESOLUTION NO. 2002 - 4 BE IT RESOLVED BY THE CHAIRMAN AND BOARD MEMBERS OF THE AIRPORT AUTHORITY FOR THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: RESOLVED THAT the terms and provisions set forth in the Agreement between the Airport Authority and John E. Samson, attorney at law, a copy of which is attached hereto, marked "Exhibit A" and incorporated by this reference herein, are fair and reasonable, and the Airport Authority authorizes the Chairman to retain the services of John E. Samson, attorney at law and to execute and deliver said agreement. BOARD MEMBER VAN SLYKE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY BOARD MEMBER JOHNSON UPON ROLL CALL, BOARD MEMBERS HAVEKOST, JOHNSON, MEYER, SCHEVE VOTING AND VAN SLYKE "AYE", AND BOARD MEMBERS NONE VOTING "NAY", THE CHAIRMAN DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 19th DAY OF NOVEMBER, 2002. AIRPORT AUTXOMTY-FOR THE CITY OF BLAIR • ATTE T: (SEAL) Chairman AGREEMENT THIS AGREEMENT made on November 19, 2002, by and between the Airport Authority for the City of Blair (hereinafter referred to as "Airport Authority") and John E. Samson (hereinafter referred to as "Attorney"). WHEREAS, said Airport Authority desires that John E. Samson serve as the Attorney for the Blair Airport Authority in regard to the matters associated with the proposed expansion project for the Airport Authority and the acquisition of real estate through voluntary sale or condemnation, as the case may be, and that Attorney agrees and desires to act as counsel for the Airport Authority in regard to such project. NOW, THEREFORE, it is agreed by and between the parties, that for and in consideration of the following sums, said Attorney shall represent and be retained by said Airport Authority, and shall attend all meetings and conferences as required by the Airport Authority, and prepare all resolutions and other necessary agreements and documents, and advise and counsel the Airport Authority and other Airport Authority personnel or representatives in regard to the proposed expansion of the Airport Authority and the acquisition, by voluntary sale or condemnation associated therewith, on the following terms, to -wit: 1. Non Trial/Deposition Hourly Rate: Attorney shall receive an hourly rate in the sum of $100.00 per hour for all time connected with or concerned with attendance at all meetings and conferences as required by the Airport Authority or its representatives, preparation of all resolutions and all of the necessary agreements and documents necessary to acquire, by voluntary acquisition, all real estate associated with the expansion project and to advise and counsel the Airport Authority in regard to all matters requested by the Airport Authority in regard to the expansion project. 2. Trial/Deposition: Attorney shall be compensated on a per hourly rate at the rate of $125.00 per hour for all time during which Attorney shall be involved in the taking of depositions of any witnesses or parties to any lawsuits concerning the condemnation of real estate and for all time in which the Attorney is involved in any hearings or trials associated with or concerning litigation on behalf of the Airport Authority in regard to the condemnation of any parcels or real estate associated with the expansion project. IT IS FURTHER AGREED that this Agreement shall be effective from and after November 19, 2002, and shall continue until terminated by either party, it being understood that either party may terminate this Agreement by giving notice in writing to the other party at least seven (7) days prior to said termination. AIRPORT AUTHO BLAIR By _ ._ _� /-,9z CY FOR THE CITY OF OHN E. SAMSON