R-2016-38 (2) CITY OF CLERMONT
RESOLUTION NO. 2016-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPOINTING A CODE
ENFORCEMENT SPECIAL MAGISTRATE.
WHEREAS, the City Council of the City of Clermont approved the Code Enforcement
Special Magistrate process at the July 26, 2016 Regular City Council meeting; and
WHEREAS, the appointment will be effective on October 1, 2016;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Clermont, that the Clermont City Council appoints Leigh Kyer to serve as the Code Enforcement
Special Magistrate.
DONE AND RESOLVED,by the City Council of the City of Clermont, Lake County,
Florida this 27th day of September, 2016.
City of Clermont
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i = Gail L. Ash, Mayor
ATTEST:
Tracy Ackroyd Howe, City Clerk
Approved as to form and legality:
Daniel F. Mantzaris, City Attorney
E I G H I'Z1j( E R , P.A. 481 E. Highway 50,Suite 201
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°e!e!e� REAL ESTATE • ESTATE PLANNING • PROBATE LAW Clermont,FL 34711
Ph:352.394.3109
Fax: 352.243.2442
Darren Gray
City Manager
City of Clermont
685 W. Montrose St.
Clermont, FL 34711
Re: Engagement Letter to Serve as Code Enforcement Special Magistrate for the City of
Clermont
I. SCOPE OF SERVICES.
I will serve, on an as needed basis,as Special Magistrate to hear code enforcement matters. In
that capacity, I will preside over all code enforcement matters, in which my law firm or I do not
have a conflict, render a decision where applicable and review the appropriate orders as
necessary.
II. PAYMENT.
The City shall pay to my law firm, Leigh Kyer, P.A., the sum of$145.00 per hour plus costs for
each actual attorney hour billable in 15 minute increments with regard to this engagement. For
hearings as scheduled by the City and confirmed by the undersigned, there will be a minimum of
one hour charged for attendance at the hearing.
In all matters hereunder, my Firm will submit each month to you or your designee, a Billing
Statement of hours expended for services rendered and costs incurred. All invoices shall be
processed and made in the same manner as for all other City invoices and statements. All
invoices shall be due and payable within thirty (30) days of the date of the invoice.
III. TERMINATION.
The term of this engagement may be renewed annually. However, the agreement may be
terminated by either party immediately with cause or upon thirty (30) days written notice without
cause. If such termination occurs, the Firm will be paid for all services rendered and costs
incurred, if applicable, to the date of notice of termination.
IV. MISCELLANEOUS.
A. Assignment. The services to be rendered under this engagement letter are personal to
Leigh Kyer, P.A,and may not be assigned other than as provided herein, either directly or
indirectly, to any other person or firm.
B. Amendments. This engagement letter may be amended only by written instrument
signed by the undersigned and the City of Clermont.
C. Independent Contractor Status. In the performance of legal services hereunder, Leigh
Kyer, P.A., is an independent contractor and shall not hold himself/herself out as an employee,
agent or servant of the City of Clermont.
This letter of engagement shall not be binding and of no effect until it has been
executed by the authorized representative of the City and by Leigh Kyer, P.A., individually and
on behalf of the Firm.
Leigh Kyer, P.A.
By:
Leig r, ttorney
Date: September 19,2016
CITY OF C RMONT, FLORIDA,
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By: jib,
Darren tva Manager
Date: IC'` Lt