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TIF Financing Legal Services /~ :.~. . . GILMORE & BELL 816-221-1000 FAX.a16-221-10IB W;NW ,GllMOf'l ElJELL.COM A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2405 GRAND BOULEVARD, SUITE 1100 KANSAS CITY, MISSOURI 64108-2521 ST. LOUIS. MISSOURI WICHITA. KANSAS lINCOlN. NEBRASKA October 19, 2007 Mr Mike Schrage Deputy City Manager City of Salina 300 West Ash Street, Room 202 Salina, Kansas 67402-0736 Re: Proposed Creation of Tax Increment Financing Redevelopment District by the City of Salina Dear Mike: We are plea<;ed to submit this proposal to serve as special TIF counsel in connection with the creation of a redevelopment district pursuant to KS.A. 12-1770 el seg., as amended, (the "Act") by the City of Salina (the "City"). The purpose of this letter is to set forth our responsibilities and fees with respect to this project. Special T1F Counsel Engagement As special TIP counsel, we will perform the following services: I. We will advise the City's staff and governing body with respect to creation of a redevelopment district and approval of a redevelopment plan pursuant to the Act. In this phase of our engagement, we will draft the necessary resolutions and other documents calling the required public hearings and providing for the giving of required notices; we will draft the required ordinances to create the redevelopment district and approve the redevelopment plan; we will review all material and documents prepared by third parties in connection with the creation of the redevelopment district and approval of the redevelopment plan and provide comments thereon, and we will provide a representative to attend all public hearings and other public meetings at which the subject of creation of the redevelopment district or approval of the redevelopment plan are considered by the City's staff and governing body. 2. Consult with and advise. as necessary the City's Attorney in connection with the acquisition of property within the redevelopment district by the City. This part of our engagement does not, however, extend to conducting any eminent domain proceedings necessary to acquire any of the land in the redevelopment district, or to negotiation of private purchase agreements for acquisition of the land. [t ~:.... Mr. Mike Schrage October 19,2007 Page 2 3. Assist the City Attorney and the City's financial advisor with respect to the preparation and negotiation of the redevelopment contract and other necessary agreements with the developer, including advice with respect to financing alternatives to implement the redevelopment plan or plans. Upon acceptance of this .engagement letter, the City will be our client, and an attorney-client relationship will exist between us.. Compensation Our fees for acting as special TlF counsel will be on an hourly basis at $250 per hour. In addition, we will expect to be reimbursed for all out-of-pocket expenses, including travel costs, photocopying, deliveries, long distance telephone charges, postage, filing fees, and other necessary office disbursements. Our fees and expenses may be paid after the redevelopment district, redevelopment plan and redevelopment contract are approved by the City. However, we will provide monthly statements upon request In the event that the redevelopment district is created, the redevelopment plan or plans are adopted and bonds are issued, a separate engagement letter will be entered into with respect professional services for such bonds. The fees paid by the City pursuant to this agreement will be taken into account in determining a fee for such legal services for the issuance of bonds. If the foregoing terms of this engagement are acceptable to you, please so indicate by returning a copy of this letter signed by an appropriate official and retain an original for your files. We look forward to working with you. Very truly yours, ~ Gina M Riekhof cc: Gary Anderson Randy Irey ACCEPTED and APPROVED: Date:~ 5 , 2007 CITY OF SALINA, KANSAS n, ~{/ ~ Title: City Manager