HomeMy WebLinkAboutRAP20-02 Holland & HartT (303) 473-2700 F (303) 473-2720 One Boulder Plaza, 1800 Broadway, Suite 300 Boulder, CO 80302-5289 www.hollandhart.com
Alaska Colorado Idaho
Montana Nevada New Mexico
Utah Washington, D.C. Wyoming
Jeremy P. Syz
Partner
Phone:(303) 473-2708
Fax:(303) 473-2720
jpsyz@hollandhart.com
June 15 , 2020
Riverview Apartments Preservation, LP
c/o Eagle County Government
500 Broadway
P.O. Box 850
Eagle, Colorado 81631
Attention: Daniel Murray
Re: Engagement with Holland & Hart LLP
Dear Mr. Murray:
Thank you very much for asking Holland & Hart LLP to represent Riverview
Apartments Preservation, LP (“Riverview”) in the matter described below. We look
forward to working with you. This letter confirms our discussion, summarizes our
understanding of our representation of Riverview and addresses certain aspects of how
we will undertake this representation. Our goal is to provide you with the legal services
you need, when you need them and for a reasonable charge. Holland & Hart has
consistently worked hard to be flexible and cost-conscious, and to include our clients
whenever possible in the frequent decisions which must be made about where and when
to devote Holland & Hart’s time and resources. We encourage and welcome your
thoughts, questions and directions at any time on all aspects of our work including
staffing decisions, time commitments and billing procedures.
My understanding of our representation is that we will provide the following
legal services: Legal counsel in connection with HUD 223(f) refinancing. If the above
is not a correct summary of what you have asked us to undertake, please let me know
immediately. Once this work is completed, our representation will conclude unless you
and we otherwise agree. Of course, we would welcome the opportunity to discuss
assisting you on other matters.
Riverview confirms that the work that Holland & Hart has agreed to perform is
for Riverview only, and not for any affiliated entities. Only Riverview itself is the
client. Our engagement is limited to the matter described above. You and we have
DocuSign Envelope ID: 2F14E1C9-C71E-4521-A280-6F27E1131200
RAP20-02
Riverview Apartments
Preservation, LP
June 12, 2020
Page 2
www.hollandhart.com
Alaska Colorado Idaho
Montana Nevada New Mexico
Utah Washington, D.C. Wyoming
agreed that our representation is solely of Riverview and does not constitute a
representation of the Eagle County, or of any other department, agency or branch of
County government. As we have discussed, our firm may currently represent clients on
matters adverse to such other departments, agencies or branches and we reserve the
right to do so in the future.
As a condition to our undertaking this matter for Riverview, you have agreed that
this firm may represent existing or new clients in any future matter that is not
substantially related to our work for Riverview, even if the interests of such clients in
those other matters are directly adverse to Eagle County. This will also confirm that we
advised you to consult with independent counsel, and that you have had an adequate
opportunity to do so, before providing your consent and agreeing to this advance
waiver.
We contemplate that our work for you will be staffed by me and my associate,
Maggie Master. My current hourly rate is $385 and Maggie’s current hourly rate is
$335. It is likely that other attorneys and service providers may be called upon to work
on your behalf. In each such case, their names and hourly rates will appear on our
monthly statements. In general, these are our ranges of current hourly rates: Partners,
$345 - $750; other attorneys, $200 - $715; and other service providers, $60 - $610. Our
rates generally change each year on January 1st and we will notify you of those changes
in the first billing statement that includes the charges for any adjusted rate.
Our customary practice, which I will follow with respect to this engagement, is
to bill for our services and expenses monthly. We expect payment of our statements
upon your receipt of them. The attached billing procedure statement (“How We Charge
for Our Services and Expenses”) contains a more complete description of how we
charge and bill for our services and expenses.
I welcome any questions you may now have about our billing procedure or may
have in the future about any statement we send to you as the work progresses.
We will maintain records related to this engagement in formats and organization
that we, in our sole professional judgment, determine are efficient and appropriate for
the conduct of this engagement. After the engagement ends, meaning the date of our
last bill for services in this matter, we will maintain or destroy these records in
accordance with our then-existing record retention policy. If the firm determines that
the records should be destroyed, and fewer than 15 years have elapsed from the
conclusion of the engagement, we will first give you written notice of our intention to
destroy the records at your last address known to us. The notice will inform you that
the records will be destroyed 60 days after the date of the notice unless you notify the
firm in writing that you want the records to be sent to you at your expense. If the
DocuSign Envelope ID: 2F14E1C9-C71E-4521-A280-6F27E1131200
Riverview Apartments
Preservation, LP
June 12, 2020
Page 3
www.hollandhart.com
Alaska Colorado Idaho
Montana Nevada New Mexico
Utah Washington, D.C. Wyoming
notice is returned to us as undeliverable, we will destroy the records, as the lack of a
correct forwarding address will indicate that you have abandoned them. If at any time
you request transfer of the records to which you are entitled, we reserve the right to
transfer them in the paper and/or electronic formats and organization in which we
maintained them. In that event or if you request destruction of the records, we reserve
the right to retain (at our expense) a copy of any part of the records for any reason, such
as to comply with legal or ethical obligations.
I believe that the foregoing covers the essential elements of our engagement. If
for any reason this letter does not accurately reflect your understanding of the terms of
our engagement, please contact me immediately. Otherwise, please indicate your
acceptance of these terms by signing a copy of this engagement letter and returning it to
me as soon as possible. In any event, unless we hear from you to the contrary, we will
proceed with our representation of you on the terms described in this letter.
The above letter correctly sets forth our agreement.
Riverview Apartments Preservation, LP
By:
Date:
JPS/bdq
Enclosure
DocuSign Envelope ID: 2F14E1C9-C71E-4521-A280-6F27E1131200
6/18/2020
HOW WE CHARGE FOR OUR SERVICES AND EXPENSES
Holland & Hart LLP (“H&H”) wants each client relationship to be productive, satisfying and free of
misunderstandings. We believe one way to accomplish this goal is to explain at the outset how we charge for our
services and expenses.
A specific attorney (the “relationship attorney”) is responsible for billing with respect to each matter we undertake for
you. In addition to serving as your primary contact and either performing or overseeing services provided for you, the
relationship attorney will review and approve each statement you receive from us.
Our usual practice is to send a statement for services and expenses monthly. Our statement describes the services we
have performed on your behalf so that you have a current understanding of any charges and expenses. If we have a
written agreement for some other arrangement, we will proceed accordingly.
Our responsibility is to ensure that you receive an accurate and fair statement. In return, we expect you to pay our
statements within 30 days of the statement date, unless we have otherwise agreed. We accept payment by company
or personal check, Fed wire transfer, or electronic funds transfer, in each case denominated in United States dollars.
We do not accept payment by company or personal credit or debit card unless we agree to specific arrangements at
the time.
We encourage you to raise any questions or comments regarding any statement with your relationship attorney. If
you fail to keep your account current, we reserve the right to terminate our representation in accordance with applicable
ethical rules.
FEES FOR SERVICES
Our engagement letter sets forth the terms on which we will charge you for our services. If we are providing services
on an hourly basis, our engagement letter discloses the current hourly billing rate of the attorneys and other service
providers who will work on matters for you. From time to time other attorneys and service providers may be involved
in your work. Their names and hourly rates will be reflected in our statements. Our fees, whether based on our time
or otherwise, are exclusive of any taxes that we are required to collect under applicable law, which will be added to
our statements. Please note that we review and adjust our billing rates annually, and our adjusted billing rates typically
take effect on January 1, unless we have agreed to a different arrangement or timing. You will be advised of changes
in billing rates in the first statement that includes charges for services at any such adjusted rate.
EXPENSES
You will be invoiced for certain direct expenses incurred in the course of providing legal services to you. We charge
expenses to your bill with no mark-up for handling and no surcharge for the cost of carrying the charge until you make
payment. Thus, filing fees, incorporation fees, charges from court reporters, overnight courier fees, messenger fees,
and similar expenses will appear on your bill at the amount disbursed by us on your behalf or at our cost.
Notwithstanding the previous sentence, unless we otherwise agree, we expect you to pay directly (or prepay through
a retainer or payment of our invoice reflecting the expense) any expenses over $500 invoiced by persons or companies
outside our firm for your account.
INSURANCE COVERAGE
You may have insurance policies relating to a matter for which you engage us that might cover, among other things,
reimbursement of attorneys’ fees and costs. If coverage is potentially available, including coverage for our fees and
costs, your appropriate insurance company must be notified as soon as possible. Whether, when, and to what extent
the insurance coverage might be available to reimburse all or a portion of our fees and costs, you nevertheless remain
primarily obligated for amounts owed us.
DocuSign Envelope ID: 2F14E1C9-C71E-4521-A280-6F27E1131200
LITIGATION SUPPORT AND TRIAL PREPARATION
H&H provides a variety of litigation support and trial preparation services and products. These services and products
include discovery management, trial consulting, witness preparation, jury selection, preparation of multimedia trial
exhibits, trial setup and document imaging. The charges for these services and products will be established by
agreement between the H&H relationship attorney and the client at the inception of the engagement, or in the
alternative, when the need for such services arises.
REPORTABLE TRANSACTIONS
Certain transactions become “reportable transactions” under the Internal Revenue Code and the associated regulations
if an advisor, including a lawyer, requires them to be kept confidential. H&H does not require such confidentiality.
Accordingly, H&H agrees that you (and your employees, representatives or other agents) may disclose to any and all
persons, without limitation of any kind, (i) the Federal income tax treatment and the facts relevant to understanding
the Federal income tax treatment of our representation of you and any transaction with which we may assist, and (ii)
all materials of any kind (including opinions or other tax analyses) that are provided to you by H&H relating to such
tax treatment and such facts. In addition, H&H does not claim that any tax information (as opposed to tax legal advice)
provided by it is proprietary or exclusive.
NEVADA DISCLOSURE PURSUANT TO RULES OF PROFESSIONAL CONDUCT RULE 7.5A (c)(5)(ii)
As you know, H&H has offices located in Las Vegas and Reno, which are staffed with lawyers who are admitted to
practice law in the State of Nevada. In addition, we have lawyers admitted in other jurisdictions where H&H has
offices, including Colorado, Utah, New Mexico, Wyoming, Montana, Idaho, Alaska and Washington D.C. For this
matter, we may or will seek assistance from other lawyers who are not admitted in Nevada but who will work with
our Nevada-admitted lawyers. As the engagement proceeds, we may enlist the services of other firm lawyers, not
admitted in Nevada, in order to provide all of the legal services you have requested. Under Rule 7.5A of the Nevada
Rules of Professional Conduct, we are required to make this disclosure. If you have questions about it, now or in the
future, please let us know.
14817845_v1
DocuSign Envelope ID: 2F14E1C9-C71E-4521-A280-6F27E1131200
