John S. Kaminski 253. i
DrummondWoodsum John S. Kaminski emcee etee
ATTORNEYS AT LAW 84 Marginal Way, Suite 800
Poriland, ME 04101-2480
207.772.1941 Main
207.772.3627 Fax
March 18, 2019
VIA EMAIL ONLY
Tim Cummings, Director of Economic Development
Steven A. Bolton, Esq., Corporation Counsel
City of Nashua
229 Main Street
Nashua, NH 03061-2019
Re: Nashua Performing Arts Center
Dear Tim and Steve:
Following up on my recent call with you, this letter contains our proposal regarding legal!
services involving the Nashua Performing Arts Center (the “Project”) and its financing through
the Federal New Markets Tax Credit (“NMTC”) program. We appreciate the opportunity to
submit a proposal to provide legal services for the Project to the City and its nonprofit affiliates
to be formed for the NMTC transaction. From our conversations and the materials you’ ve sent
me, it is an exciting project and would be a wonderful addition to downtown Nashua.
This letter is a proposal for the City’s review and consideration. If there are aspects of the
proposal on which you have questions or on which you want to discuss possible changes, please
let me know.
My previous letter dated February 20 (copy enclosed) provided detailed information about our
professional background and experience in NMTC transactions. As mentioned on our call, I
would lead our team here on this project and would involve other professionals here as needed to
deliver the services as efficiently as possible. Although Iam not admitted to the Bar in New
Hampshire, many of my colleagues are and we would involve New Hampshire-admitted
attorneys when needed.
We have discussed a proposal for our services in which we would be compensated based on our
tine spent charged at hourly rates subject to a not-to-exceed cap under the terms and conditions
described in this letter. In order to effectively set out this proposal, this letter describes the scope
of services we would provide, the applicable rates and the amount of that cap. Please bear in
mind that this cap is designed to allow the City to budget for these services and is not a fixed fee.
If the transaction goes smoothly the total fee could be less than that cap.
We also recognize that the City is most at risk financially prior to the receipt of notice that the
Project will receive a NMIC allocation. As ] mentioned on the call, we are willing to share that
tisk with the City by agreeing to limited fees (as more fully described below) if the Project does
not receive an allocation.
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