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Home My WebLink AboutR-88-1110G J-88-1038 11/17/88 q8_1110 RESOLUTION N0. A RESOLUTION APPROVING THE APPOINTMENT BY THE CITY ATTORNEY OF THE LAW FIRM OF HUGHES, HUBBARD AND REED TO SERVE AS SPECIAL COUNSEL ON THOSE PROJECTS AS MAY BE ASSIGNED BY THE CITY ATTORNEY, WITH MONIES THEREFOR IN AN AMOUNT NOT TO EXCEED $30,000 TO BE PROVIDED FROM SAID DEPARTMENT'S FUNDS. WHEREAS, Charter Amendment No. 3 (1988) provides that special counsel for the Department of Off -Street Parking (DOSP) and its Board of Directors may be appointed by the DOSP Director, subject to the approval of the Department of Off -Street Parking Board, the City Attorney and the City Commission; and WHEREAS, the law firm of Hughes, Hubbard and Reed has provided exemplary legal services to the Department of Off -Street Parking during the past several years; and WHEREAS, the law firm of Hughes, Hubbard and Reed is currently involved in several complex projects which require ongoing representation by Hughes, Hubbard and Reed in order to maintain continuity and expedite the completion of these projects within their necessary timetables; and WHEREAS, the Board of the Department of Off -Street Parking recommended at its October 19, 1988 Board Meeting that the law firm of Hughes, Hubbard and Reed be retained as Special Counsel to work on those projects for such time and fees as mutually agreed upon by the City Attorney and Hughes, Hubbard and Reed; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMISSION MEETING OF Nov 17 1986 88-111O ,R1101U111N Na. REMARKS: Section 1. The appointment by the City Attorney of the law firm of Hughes, Hubbard and Reed as special counsel to the Department of Off -Street Parking to provide legal counsel on those projects as may be assigned by the City Attoreny is hereby approved, with monies therefor in an amount not to exceed $30,000 to be provided from said Department's funds. Section 2. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 17th day of _ Nov ATTEST: U _ PREPARED AND APPROVED BY: G. MIRIAM MAER ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r JORGE L. TEgNANDEZ CITY ATTORN Y GMM/rcl/bss/M835 XAVIER L. ,SIJAREZ, MA , 1988. -2- 88-illo OC T - 24 - BB MON i QP'ON4 L"W DE P T ,r) is C1T♦ OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM 10 Cesar II. OdioI City Manager OA?t Att: Aurelio Perez-I,ugones lUN�C♦ rq`,M n: a rriXM z REFERENCES City Attar ey •` ENCICSVRFS October 22, 1968 rift Appointment of srocial Co::nsal City Commission Meeting November 3, 1988 (2) Attached herewith are two reaolutionsi one appointing Ronald silver, l:s9. and one appointing the law firm of Hughes, Hubbard and Rood as mpecial counsel to the Department of Off -Street. Parking. The Oft -Street Parking Board, at its meeting of October 19, 1988, discussed and approved the appointments of Ronald Silver, Esq. and the law firm Hughes, Hubbard and Reec1 because of their individi:al expertise on particular ongoing project". Rased on the Board's recommendations and my review of the Fending pro)ects, Z have determined that retaining Mr. Silver and 1w 9hes, Hubbard and Reed as special counsel is in the hest interest of the nepartment or Orr -Street Parking and thereby submit the attached resoll:tions for City Commission consideration. JLF:RFC:BSS:P618 cc: motty Hirai, City Clerk John J. Ms:ivena, Executive Director Department of Off -Street Pa rkiny 18 -1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE November 1, 1988 FILE of the City Commission SUBJECT Agreements with Special Counsel for the Department of off -Street Parking FROM orge L. Fernandez REFERENCES City Commission Agenda City Attorney November 3, 1988 ENCLOSURES : Item # 10 2 (1) As earlier indicated, we are forwarding the proposed resolution and Letter of Agreement with the law firm of Hughes, Hubbard 6 Reed in connection with the Department of Off -Street Parking Special Counsel. Upon receipt of the Letter of Agreement from Attorney Ronald Silver we will forward the same to you. JLF:RFC:BSS:M088 CC.* Cesar H. Odio, City Manager Matty Hirai, City Clerk John J. Copelan, Jr., Deputy City Attorney G. Miriam Maer, Assistant City Attorney . H&-1110 N .-i ` 1 ONE WALL STREET NEW CORK, NEW YORK 10005 &1& 700 7000 555 BOUTI. rLOWER STREET LOS ANGELES. CALWORNIA 00071 P13 .60 5140 JOMN E PEARSON L�lI/iizl; �.loa+e�iai ,.�,Ylp! TELEPHONE 305-356-1666 TELECOPIER 305-371-6750 TELEX 516765 October 31, 1988 Jorge Fernandez, Esq. City Attorney Office of the City Attorney 1100 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 1901 PENNSYLVANIA AVENUE, N W. WASNINOTON, D C. 20004 eo:-6:6-6200 47,AVENUE OEOROES MANDEL 75116 PARIS, FRANCE A-553-o901 Special Counsel on Special Projects for the Department of Off -Street Parking of the City of Miami (DOSP) Dear Mr. Fernandez: As discussed, we are currently working on the following five (5) projects for DOSP and have ceased work on all others: 1. The Coconut Grove Playhouse Project; 2. The Flagler Landmark transaction with respect to the Gusman Cultural Center and adjacent office building; 3. The Lot 3 transaction; 4. The Lot 10 transaction with the State; and 5. The Miami Arena Parking Program. The following is a summary of the work that remains to be done on each of these projects and a rough esti- mate as to the fees we anticipate would be incurred by DOSP as a result of our completion of same. 1. The Coconut Grove Playhouse Project. We com- menced work on this project over two (2) years ago. The initial task was to work out the terms of a longterm ground lease that would be acceptable to the State of Florida, the Coconut Grove 5 Jorge Fernandez, Esq. October 31, 1988 Page Two Playhouse, DOSP and the Barnacle. This process consumed over a year and was finalized in 1986. Shortly thereafter, the "Governing Committee" requested us to prepare a RFP to be submitted to the development community. 'che only developer to submit a proposal was Coconut Investments, Ltd., a limited partnership headed by Seth Werner. We have been negotiating the transaction with Mr. Werner's group for over a year. Now the terms and conditions of the Playhouse-DOSP-Developer Three -Party Agreement and the DOSP-Developer Ground Lease have been finalized. The remaining work to be done is completion of the pending condemna- tion proceeding with respect to a parcel of proper- ty located on Main Highway, negotiations with the State of Florida with respect to certain re- quested changes to the various overleases by both the Playhouse and the Developer, review and final- ization of title aspects of the transaction and the normal work related to the closing of any real estate transaction. I anticipate that the remaining legal fees on this project would be somewhere between $35,000 and $60,000. 2. The Flagler Landmark transaction. This project has a long history, which, I believe, you are familiar with. We have worked on the matter for over two (2) years with respect to the issuance of the entire RFP, the successful proposal submit- ted by Flagler Associates (Al Cardenas, Jim Beauchamp, Jaime Borelli) and the on -again, off - again negotiations among the City, the Developer and DOSP. The remaining work to be done is the final negotiation, review and completion of the Master Development Agreement and the Construction Management Agreement to be entered into by and between Landmark Associates and the City, the final negotiation, review and completion of the Architect's Agreement to be entered into by and between Flagler Landmark Associates and Borelli & Associates, the final negotiation, review and completion of the lease to be entered into by and between the City and DOSP, the final negotia- tion, review and completion of the Management Agreement to be entered into by and between the City and DOSP, the negotiation, review and comple- tion of the lease to be entered into between the HR--1110 t 00 Jorge Fernandez, Esq. October 31, 1988 Page Three City and an undetermined party and review of con- struction documents as construction proceeds. I anticipate that the remaining legal fees on this project would be somewhere between $25,000 and $50,000. 3. The Lot 3 transaction. We began working on this project in 1988 and I now believe that a deal has been struck between the purchaser and the DOSP Board. Our remaining work includes the prepa- ration of a purchase and sale contract, review of all title aspects of sale transaction, prepara- tion of title insurance policy and the normal incidental work relating to the closing of any real estate transaction. I anticipate that the remaining legal fees on this project would be somewhere between $2,500 and $5,000. 4. The Lot 10 transaction with the State of Florida. Preliminary negotiations for this project began in 1986 through conversations between Mr. Carlton, the then Executive Director of DOSP and officials of the Florida G.S.A. concerning certain state monies appropriated for a parking garage for the state employees at the Rhodes Building. Concur- rently with these discussions, the DOSP Board issued an RFP for a project to be located at Lot 10. The successful bidder was Jackie Bell's Commu- nity Based Development Group. The DOSP Board instructed us to work with the State of Florida to attempt to have the State Garage located at Lot 10 with DOSP retaining the air rights in order to lease same to Jackie Bell's project. General Electric owns the remainder of the block on which Lot 10 is located. G.E. may be interested in leasing a part of its land to the State and loca- ting a new television studio in the air rights above its portion of the State Garage. We have had preliminary meetings with representatives of G.E. and have visited the GSA in Tallahassee in order to begin negotiations on this project. We are currently negotiating a Ground Lease with the State of Florida. We would also provide assis- tance with respect to a mirror Ground Lease between the State of Florida and General Electric, if it chooses to go forward, negotiations of construc- tion contract and negotiations of leases of air space with the Community Development Group and I 46 Jorge Fernandez, Esq. October 31, 1988 Page Four others concerning improvements to be constructed over the parking garage and leases of retail space to be located within the Garage, which would be retained by DOSP. We would also provide review of matters of title, etc. and other normal activi- ties with respect to the closing of the real estate transaction. I anticipate that the fees to be generated between now and the closing of this project would probably exceed $75,000. 5. The Miami Arena Parking Program. We have repre- sented DOSP with respect to all of its property purchases and leasing activities concerning DOSP's goal of providing 4500 parking spaces within 750 feet of the Miami Arena. Currently, we are han- dling the final negotiations review and completion of leases with the State, the City (as to additi- onal property to be included in the existing lease) and the Church. Additionally, final negotiations with the Miami Heat in connection with various aspects of the Miami Parking Program are underway. I anticipate that the remaining legal fees in this project would be somewhere between $2,500 and $5,000. Please call me if you have any questions or comments with respect to this letter. Very truly yours, JEP/dh