The URL can be used to link to this page

Home My Public Portal About2018.05.31 Engagement of Elam & Burke, P.A. ELAM & BURKE ATTORNEYS AT LAW RYAN P.ARMBRUSTER MEGHAN S.CONRAD z5t East Front Street,Suite 300 Post Office Box 1539 Boise,Idaho 837ot Telephone zo8 343'5454 Fax zo8 384'5844 E-mail rpa(aielamburke.com mscPelamburke.com May 31, 2018 Board of Commissioners MCCALL REDEVELOPMENT AGENCY c/o Michelle Groenevelt, AICP Community and Economic Development Director City of McCall mgroenevelt@mccall.id.us Re: Engagement of Elam &Burke, P.A. Dear Michelle: Thank you for considering Elam &Burke,P.A. ("Firm") to provide legal services to the McCall Redevelopment Agency("MRA") relating to the preparation and processing of a new urban renewal/revenue allocation area(the "Project Area") and adoption of a new urban renewal plan (the "Plan"). The purpose of this letter is to confirm our agreement with you about what services are to be performed in connection with the preparation and approval of a Plan for the Project Area. We will certainly coordinate with the City Attorney as we move through the Plan adoption process. MRA seeks to retain the Firm to facilitate the preparation of the Plan through the McCall City Council's adoption of the ordinance approving the Plan, which includes preparation of a number of documents set forth below: • Plan approval timeline • MRA resolution approving the eligibility report • City Council resolution approving the eligibility report and authorizing preparation of the Plan • Plan • MRA resolution approving the Plan • correspondence to the City formally submitting the Plan for approval • public hearing publication notice May 31, 2018 Page 2 • correspondence to taxing entities concerning the proposed new Plan and Project Area and public hearing notice • City Council ordinance approving the Plan • post-ordinance adoption letters to state tax commission, county officials, and others regarding filing and recordation of documents • post-ordinance adoption letters to the taxing entities The above scope of work does not include preparation of the eligibility report; however, we would expect to review and provide any comments on the document prior to approval. We understand the MRA has retained Phil Kushlan, Kushlan Associates, for that scope of work. Typically, the consultant that prepares the eligibility report would also be able to prepare the necessary attachments to the Plan referred to as the economic feasibility study, which includes a review of the proposed project costs, anticipated revenue projections, and a conclusion that any proposed project or scope of work is financially feasible. We would assist the consultant in the preparation of the financial feasibility study and review the study's content but would not be responsible for the preparation of the data or the analysis of the data. Additionally, the above scope of work does not include retention of a surveyor or engineer to prepare the necessary map and legal description. Our understanding is the Firm is not being retained as MRA's "general counsel." Therefore, our limited engagement concerning development of the Plan and Project Area does not include guidance on MRA statutory compliance issues such as, but not limited to, annual reports, budgeting, filings with the Legislative Services Office and State Tax Commission, or preparation or review of any such documents. While we do not need to be physically present at all meetings related to the Plan and/or the Plan approval process, there are specific points in the process where personal attendance is strongly recommended, such as any work sessions between the MRA and City,MRA approval of the Plan, and City Council public hearing and first reading of the ordinance. Otherwise, we may be able to be present telephonically at meetings depending on the will of the Board. Based upon the above scope of work, our experience has been the amount of legal services incurred totals an estimated $25,000, plus up to $10,000-$15,000 for the consultant to review the area for eligibility, prepare the eligibility report, and prepare the necessary financial attachments to the Plan. These estimates are dependent on a straight-forward proposed project and Plan. Complex uses and opposition from other taxing entities and the public could substantially increase those estimates. We understand the area under consideration is wholly within the jurisdictional boundaries of the City. The proposed scope of work and fee estimate does not include work necessary to establish a multi jurisdictional Project Area. Additionally, the scope of work does not anticipate the work necessary to obtain any consents from property owners within the Project Area who have engaged in any agricultural operations or forest land within the past three (3) years. To the extent the revenue allocation area includes parcels outside the jurisdictional boundaries of the City and in unincorporated Valley County and/or any agricultural parcels requiring property owner consent the estimated fee may be higher. May 31, 2018 Page 3 In accordance with the above, the billing rate for shareholders is $215, associates is $200 per hour, and$100 per hour for paralegal time. These rates are subject to change after reasonable notice.We will also bill you for office expenses such as postage, printing, and travel expense charges. Please understand we will bill you for all attorney and/or paralegal time expended on the legal work we do for you. This will include, among other things, time spent in appointments, meetings, telephone calls, consulting with others, and attending McCall City Council and/or MRA Board meetings, either in person or by telephone. The estimated total attorney fee cost for legal work is an estimate only. The ultimate cost of work to the client is determined by many factors that cannot be predicted. The Firm will bill you on a monthly basis for the services and costs incurred on your behalf. You agree to pay such bills within thirty(30) days of receiving them. In order to facilitate the approval of the Plan process, reduce the overall cost, and provide the most efficient method for the approval of the Plan, several activities would need to be accomplished by MRA resources or City officials: 1. All of the required mapping and legal description of the Project Area, as well as assuring that the legal description(s) and map(s) meet the standards of the Tax Commission and/or the County Assessor. 2. Distribution and publication of the required notices and other documents which must be provided under state law. 3. Filing and recording of the required documents with the taxing entities, the County Assessor, County Recorder, and Tax Commission. 4. Input and assistance from the City and others on the desired or required public improvements and facilities and cooperation from property owners or others on potential new development within the proposed Project Area. We understand the new Project Area will have a 2018 base year. We have previously provided a potential timeline for the Plan approval process. Please call either one of us if you have any questions about anything contained in this letter. We appreciate the opportunity to work with the MRA Board and City staff on this assignment, and we want our relationship with you to be a good one. If this proposal meets with your approval, please so indicate by your execution of a copy of this letter and return of the same to our attention. Please retain a signed copy for your records. May 31, 2018 Page 4 We look forward to working with the MRABoard to accomplish the preparation of the Plan. Sincerely, ELAM & BURKE A Professional Association Ry P. Armbruster CAAAA/ egh. S. Conrad MSC/ksk APPROVED AND ACCEPTED This 3 I day of /intr 2018. McCall Redevelopment Agency By , air 4844-8696-9703,v. 1