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11061619 -3- 08-28-07 <br />Any litigation meeting the criteria listed above will be considered to be land use, development, <br />franchise or enterprise operations litigation in its entirety, regardless of whether the litigation <br />may assert other claims as well. <br />Litigation costs means: <br />a. Lega1 fees for counsel appointed pursuant to LITIGATION MANAGEMENT; <br />b. Necessary legal fees for counsel to represent the city which the city incurs prior to <br />reporting the litigation to LMCIT; <br />c. Necessary litigation expenses other than legal fees; <br />d. Damages which the city is required to pay; <br />e. Supplementary payments made or incurred as defined in SECTION V- <br />SUPPLEMENTARY PAYMENTS. <br />Also, I refer you to the definition of Damages. Damages means money damages, and includes <br />awards for attorneys' fees with respect to suits alleging violations under federal civil rights laws, <br />state human rights laws or the federal or state constitution. <br />With respect to any land use, development, franchise or enterprise operations litigation, damages <br />also includes amounts the city is obligated to pay for loss of use of property during the time prior <br />to a final determination by the court that enforcement of a land use, zoning, subdivision, or <br />similar ordinance or regulation constitutes a taking of private property. <br />LMCIT will handle this matter as land use, development, franchise or enterprise operations <br />litigation. In the event that there are additional pleadings served upon you in conjunction with <br />this case, please forward those items to us immediately. If you have any questions, feel free to <br />contact me at 651-281-1282. <br />Very truly yours, <br />����(��- <br />ark Rossow <br />Litigation Supervisor <br />cc: John M. Baker, Attorney at Law <br />cc: Jay Squires, Attorney at Law <br />cc: Brenda Davitt, Risk Manager <br />cc: Chris Miller, Finance Director <br />