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Richard A. Nussbaum, II March 15, 2012 Page 3 of 4 ii) That those executing documents on behalf of the City are the proper boards, commissions or personnel authorized and empowered to execute such transaction, iii) That all public bidding, securing of appraisals, and compliance with all other conditions set have in fact been met, iv) That the execution, delivery and performance under the documents have been duly authorized by all necessary action on the part of any City board or commission, V) If applicable, the City's board or commission has acquired or arranged for the acquisition of property in compliance with all applicable public bidding. vi) If applicable, the City's board or commission has obtained all consents and approvals of other governmental authorities or agencies which may be required for the execution, delivery and performance by the board or commission related to the transaction, vii) That all documents associated with the transaction have been duly executed and delivered and constitute legal and binding value and obligations of the City, viii) As of the date of the transaction and based on such inquiry and investigation as you deem to be sufficient, no litigation is pending, or known to be threatened against the City, board or commission, in any court or any administrative agency, seeking to restrain or enjoin the transaction or questioning the authority of the City board or commission, ix) An affirmative statement that your opinion may be relied upon with respect to the specific transaction. Fees The fee schedule contained in your letter of February 27, 2012 is acceptable. Your total fees have been capped at $60,000 per annum (although they exceeded that limit in 2011 as I understand). It is my hope that your fees will fall below the $60;000 cap in 2012 because City revenues are not keeping pace with costs. Thank you again for all of the hard work which you have provided over these past years. I look forward to another good working relationship. 6i i 4 Aladean M. DeRose City Attorney, A.I.