HomeMy WebLinkAboutR-81-0427MORO
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RESOLUTION No,
It1 SOLE"CION CONCERNTNc; THE DISPOSITION OF
" + 1tE CONFLICT OF I,d"CERI S'C WITHLESLIL""• PANTiN,
J[t.'S REPRESENTATION nr SI AESCAPE Of MIAMI,
TNC. RECARDINC THE LEAST: AND OPERATION OF
THE MIA`tI MARINE STADIUM.
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I HI'REAS, the City Commission on November
itjscil'ution No, 00-854 authorized the City Manager t'n
commence negotiat:_;ons with Seaescape of Miami, Inc, rgarW
ing the lease and operation of the Miami Marina Stadi"m, and.
WHEREAS, certain questions were raised concerning a
conflict of i.ntvrest involving Mr. Leslie P:antin, Jr.'s
membership on the C:ity's Civil Service Board and his appear
antes before the City Commission on hphal f of Senescape of
Miami, Inv. and
WHEREAS, the City Attorney on April 23. 1981 renderc,d
Ape opinion that Section 2-302(a) of the Miami City Code
has been violated based upon Mr. Leslie Pantin, Jr.'s appear-
♦anew before the City Commission. and has further opined that
the City could either avoid the Selection of Seaescape of
Miami, Tnc.. or waive the conflict of interest; and
WHEREAS, avoidance requires a three -fifths (3/5ths) vote
to declare a transaction void, while 'waiver, pursuant to
Section 2-304 of the Miami City Coda, requires an affirmative
Vote of four -fifths (4/5ths) of the members of the City Com-
mission after a public hearing with findings that (1) an
open -to -,all sealed cnmpetitive hid was submitted, and (2) the
proposed transaction will he in the best interest of the City;
NOW, THEREFORE,
IT RESOLVED BY THE COMMISSION OF THE
"DOCUMENT INDEX
ITERA ran 37
CITY COMMISSION
Mi-i- THNG or
kEMARIS :..........................
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ROBERT F. CLARK
ASSISTANT CITY ATTnRNEY
Tc� F�ll�('�t :1N1) Cc�;ARECTNESS ;
Howatd V. Gary
City Manager
G e/'` jFKHox, r- �ez
orge Jr.
City Attorney
.,: May 6, 1981 L{
r� - Seaeacape of Miath' , tili x
As reauested, necessary legislation is attached which will
enable the City Commission at its meeting of May 15, 1981,
either (a) to declare the selection of Seaescape of Miami,
Inc. void with regard to negotiations for the lease and
operation of Niami Marine Stadium; or (2) to schedule a
public hearing to determine if the conflict of interest
with Mr. Leslie Pantin, Jr's. representation of said firm
is to be waived.
Either of the attached proposed resolutions may be adopted
by a 3/5's vote of the City Commission. If the latter
course of action is taken and a public hearing is held,
there would have to be a 4/5's vote of the Commission and
appropriate findings made following such hearing before
a waiver could be granted. as indicated in my memorandum
to you of April 29, 1981.
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hok+- 29 1981 r`
Howard V. Gary
City Manager
Enquiry re Seaescape
MtA 80-77
&ge F. Knox, Jr.CiAttorney ,s : _ posmoen memo dated 2/17/81.
txtract_of._City Omission. t1inutes
This memorandum is in response to the request of the City Commission on
April 24, 1981, regarding Seaescape, Inc. The City had previously
advertised for bid proposals for the lease and operation of Parcel A at
the Marine Stadium and had received four proposals for such use. After
review, the City Commission found that Seaescape of Miami, Inc., made a
proposal that would guarantee the highest rental return to the City on
Parcel A, as well as provide maximum utilization of the Stadium for
public entertaisunt and recreation, and that Marine Stadium Enterpri
meses,
Inc. and %Iiami Promotions, Inc. made proposals that would provide lesser
but acceptable revenues and uses.
The City Commission, on November 26, 1980, in Resolution No. 80-854,
authorized the City A anager to co Trencc: negotiations with Seaescape of
Miami., Inc, with negotiations to proceed with ~urine Stadium Enterprises,
Inc., and Miami Promotions, Inc., in that order, should negotiations
with Seaescape of Miami, Inc. prove unsuccessful.
Commissioner Theodore Gibson raised a question concerning Mr. Leslie
Pantin, Jr.'s ownership interest in Seaescape, Inc. and the leasing by
Seaescape, Inc. of the I'larine Stadium. These questions were addressed
by me in KLA-80-77, dated December 16, 1980, which is incorporated
herein by reference. The bottom line of that opinion wras, "to avoid a
conflict of interest which would render the transaction voidable, Mr.
Pantin, prior to the satisfactory completion of the negotiations with
& aescape, Inc., must either resign as Chief Examiner and a memtxer of
the Civil Service Board; divest himself of his 'controlling financial
interest'; or the City Commiission must waive this requirem--zt for the
particular transaction by an affirmative vote of four -fifths (4/5ths) of
the entire Commission after public hearing.
MIA-80-77 further opined that either of the courses of action prior to
completion of negotiation and execution of Line contract would alleviate
the conflict of interest. At the time of transmission of this opinion
or and City Manager on December 18, 1980,
to the City Canmissioners, May Inc. and Mr.
the City Lase Manager caas requested to provide Seaescape►
Partin with a copy of the opinion and that a decision � �destiono
which cause of action was to be followed in resolving the 12, 1981
partTent� in a ��randum dated
reaised. In that no action had been �� as of February
resolving the conflict, the Law Dee making of a decision as to
February 17, 1981 (Mcl. 1) , recccnmen n otiations.
resolving this conflict prior to continuing eg
Mr-R. W. Parkins, Assistant to City
1981,
By letter of March 23► scape, Inc. and requested certain
with Seae
Manager, requested a meeting as to the alternatives
items, including Mr. Pantln's determination
presented to resolve the conflict question. Another letter from f��i
Parkins dated March 31, 1981, raised the same request' as did a Mailgram
1981. By letter dated April 7, 1981,
from bir. Parkins dated A1?e City that Mr. Pant had divested himself
Seaescape, In informed y Inc, A letter dated April 13, 1981
of all of his interest in Seaescape,
fran Mr. Blaine Davis provided evidence of the transfer of 50 shares,
which was represented as being all of Air. Pantin's interest in the
titure, in the opinion of this office,
corporation. Such a total dives
would comply with one of the alternatives under MIA-
80-77.
April 9, 1981 to the City manager?
haaever,
Mr. Parkins' nvjwrand�n dated Ap �earance of Mr. Pantin before the
raised another question as to the apt Inc. Subsequent research of the
City Conmission on behalf of Seaescape, to October 9, 1980,
Minutes of the Citv Commission meetings relating Inc. (see
October 30, 1980 and November 6, 1980 reveal that tir• Partin �'as Present
at those City Conrnission meetings on behalf i Se jr. Blaine Davis stated,
Encl. 2, 3, 4). At the October 9, 1980 b taannother of the partners,
on the record, "VL3 are represented tcdai � and then on November 6,
Leslie V. Partin, Jr.., %,ho is right here...", for heaescape, Inc. Based
1980, Mr. Partin addressed the City stated at t1le
upon the above appearances before the CCodeity Cppro provision had been
that .ltami �
April 23, 1981 meeting
pertinent section is as follows:
violated. Tile
"(a) No person included in Section 2-301
,.shall appear in representation of any
third party before the city ccErTa on,
and any such contract, agreemen or appear'
ance entered in violation of this section
shall render the transaction voidable."
A voidable transaction is one that is capable of being affirmed ories. A voidable
rejected at the election of one or mare of untilat is avoided by a
transaction is, However, valid and binding majority
party entitled to avoid it. Such Iidanc` would be by a
s
I
�pfil 291 1981
resented to the Ccmnssion, is
Another alternative presented is to waive the requiren-en
Contnission vote' no executed agreeMen , Such waiver for a
that there is presently for in Section 2-304. five vote of four -
of Section 2-302, as provided b a affln-a Pub
particular transaction would have to be Y ssion after
4/5ths of
4 5ths) of the ors of the City af° �'r finding
fifths (/ be effected on1Y titive bid has been
hearing. Such waiverYan open -to -all sealed and the
the c . Sion that (1) as set forth in Section 2-301► Such
person, st interest of the City.
submitted by a city Pe to the be
ssion.
proposed transaction will be
have to be spread on the riinutes of the Cowl �s transaction
findings years that the City city
the foregoing factors, it appear
option of the
Based. upon Inc.is VOIptaI3LE► at the p it may
ith Seaescape of ti1i ami ► void. On the
-ion chooses to avoid thccttransaction,
w If the Cocnnis e transa
C mnission. vote to declare the apparent conflict o
do so by a thr---fis 1ori chooses to waive the t of the
if the ConmU�s public hearing► a statemen waiver.
other handt may do so after a P favor of the
interest, s and a f� fig s vote in
requisite finding
,4:
April 174
Howard Gary
C,t, Manave,
- . . . .. ..
Mri Blaine G.bav�s
Chairman
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ulto
Seaescape of Miami, Inc
101
1401 S. W. lst Street,
S
Miami, Florida 33135
Dear Blaine'. Thank you for your letter of April 14s 1981, outlining your perspective of
re the issues listed rest related to nethegotiations. edIn inorder yourto listinginsure Of
whe
mutual understanding let me respond to points rais
the four areas of inquiry- Of the stock transfer
1.
You have provided me with a letter and a copy interest in Seaescape.
y of Leslie V. Pan tin, Jr. divesting him of an
The ultimate resolution of the conflict Of intethe rest-issueMiami.) however,
- will still remain with the city Attorney and City of
Comnission. ided updated financial statements were
2.
You are correct that the prov financial capability.
determined, by me,"to be satisfactory for meeting argument with
3. 1 believe that I had indicated to you that - I found no argurn s of the
your position that the heliport would remain within the te.m of the
led �—ff—independent of the balance
total lease and not be parceled ity regarding
Marine Stadium. The question of compensation to the C
ill be a
't operations is still not resolved and w
helicopter/heliport ni s s i on .
helicoPt the City of Miami Com
matter for consideration by
n sales that you
centage of concession
4. The desire to reduce the per Stadium Enterprises,
virtue of your agreement with Marine
Administration can resolve.
absorbed by vir . sue that the City of Miami
is not an is s items for consideration
Inc., s well as the previou
be including this a
We will Commission. by the city of Miami COMMIS
that the issues
to you It is my understanding
In accord with my earlier advise discussed by the City of Miami Commission on
raised in the foreyoing will be
April 23, 1981. the City of Miami Commission regarding
ced that the determination by ed with any further
I am convinced is essential for us to proce
the foregoing unresolved issues
negotiations. `—'0�r ff 1\1 E
r I,
Blaine G. Davis
& Associates ' �„ ► ►�+: 111
1311 Adams Street
Hollywood. Fl. 33019
• •�� � V �� 1 1 1 4 L+ 'H Kl ':
13051 925.7248 7tr tti `
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Fort lsuderdale
13051 467.2756
Diiamf k. t
13051 223-7060
April
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1.1r. Rob Parkins
Assistant city Manager
city of Miami
Re: Seaescape/Marine Stadium Lease
Dear Rob:
Per your recent correspondence to Seaescape and our meeting on April 8,
please be advised that Leslie V. Pantin Jr. has divested himself of all
interests in this corporation. An attachment reflecting the sale of his
stock is attached.
My Best,
Blai a G. Davis, airman
Seaescape of Miami, Inc.
ig 1 yr't�. y i
BGD/cf 4
Encl.7
i
NO you for your continued cooPef"atioh
related to tihe dialogue thAt it
essential in any negotiation effort,
regards.
Sincere
Q
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W Parkins
cc: Howard V. Gary, City Manager
George Knox, City Attorney
00 1
Cesar Odio
i iam arrison
Robert Jennings
S. Whitman McLamore
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CERTIFICATE SHARES TRAmSFERRED
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LESLIE PAN
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SfCAETAtRY
LESLIE V- PRNTIN, JR.
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My best, ==
Blaine G. Davis, Chairman
Seaescape of Miami Inc.
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7
cc: Richard L. Fosmoen, City Manager
Caesar Odio, Assistant City Manager
William Harrison, Lease Manager�'��"
Robert Jennings, Director, Stadium and Marinas
S. Whitman McLamore, Seaescape
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DOC.
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Mr. Robert W. parkins
Assistant to the City Manager
3500 Pan American Drive
Miami, Florida 33133
Re:
Marine Stadium Lease Negotiations
Dear Rob:
To summarize our phone conversation of yesterday - which was
preceded by a'meeting on April 8 and prior correspondence we understand that Seaescape has provided satisfactory answers
to your four areas of inquiry:
1. Through the sale of his stock, Leslie V. Pantin Jr. has
divested himself
of Seaescape and thus removed the ques-
tion of a conflict of interest since he
serves as chief
examiner on the Civil Service Board. A letter backed
with a copy of the stock transfer was delivered to your
office yesterday.
2. You have been*'provided updated financial statements for
Seaescape's
remaining principals, Blaine G. Davis and
S. Whitman tdcLamore, and judged them
satisfactory to
meet financial capability.
3. You have documents relating to Seaescape's plan for
helicopter service.
As stressed in my letter to City
Manager Dick Fosmoen dated February 3, 1981, it
is be-
lieved that it will be in the best interests of all
parties to let this item retain within terms of the
total lease
- and not annexed for a heliport - since
parceling off woulc adversely impact
stadium parking.
The awarding of Parcel B for boat and trailer
storage
already has reduced stadium parking to a critically
low
point.
�
Again, the matter of free helicopter time to the cit.
cannot - at this time - be resolved b Seaescape. Y
consideration Y p. This
was not included in the city's bid speci-
fications for leasing Marine Stadium
nor has Seaescape
provided for it in financial projections.
fl L L-
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Suite 101, 1401 S.W. 1st. St., Miami, Florida 33135, Telephone (305Vi, d_211
F
on Wednesday, April 8, 1981 representatives of the City of Miami met with
representatives of Seaescape of Miami in order to reach a conclusion related
to Seaescape's proposal to execute a lease for the operation of the Miami
Marine Stadium. This meeting was called to specifically resolve four items
remaining at issue: -
Item
1: Leslie V. Pantin, Jr.'s corporate involvement with
Seaescape and the means by which conflict of interest
might be resolved.
Item
2: The financial capability of the firm (and the
principals included therein) to demonstrate a
reasonable expectation that the firm would
meet its obligation to the City once a lease
had been executed.
=`
Item
3: Seaescape's proposed heliport design and
operational activities, together with the
proposed method by which the City of Miami"
might be compensated for helicopter/heliport
u,='
use.
4w
Item
4: Seaescape's desire to reduce the percentage
•=
of compensation to the City for concessions
(Seaescape had entered into a separate agree-
r
ment with Marine Stadium Enteprises, Inc.
for concession rights and wished the percentage
of compensation agreed to by the City of Miami
and Marine Stadium Enterprises, Inc. to be
reduced).
Prior to
the meeting, four items of correspondence were exchanged
(attached as
Exhibits
I, II, III and IV) setting out the City's need to receive certain clari-
fications
regarding three of the aforementioned items and Seaescape's response
which was
incomplete.
S!'
F TS
Item number one, the question of a conflict of interest by the involvement
Of the Chief Examiner of the Civil Service Board, Leslie V. Pantin, Jr., as
a principal of Seaescape, Inc., remains unresolved. Even if satisfactory
evidence of Mr. Pantin's divestment of interest in Seaescape on April 1, 1981
(date of Mr. Davis' letter received April 8, 1981) had been provided,
Mr. Pantin did, while holding both a major interest in Seaescape and the
position of Chief Examiner of the City of Miami's Civil Service Board, appear
before the City of Miami Commission in representation of his interest in, or
on behalf of Seaescape, thus casting the cloud of conflict of interest that
remains to this date. The representatives of Seaescape acknowledged discussions
with City staff regarding the need to resolve this conflict issue and acknowledged,
further, the need for resolution was stated in correspondence (Exhibits I and II)
but, at this date, could only offer that Leslie V. Pantin, Jr. was in the process
of divesting himself of any interest in Seaescape.
Item number two, the financial capability of the principals and the firm, was
received and up -dated financial statements of the principals disclosed satis-
factory financial capability (Exhibits V and VI).
Item number three, the heliport helicopter issue, resulted in a form of impasse
in that (as noted in Exhibit IV, page 2) Seaescape would not be willing to offer
free helicopter police time based upon the feelings of the helicopter operators
that Seaescape has talked with. A resolution of this issue is predicated upon a
determination of the interest that the City Commission has in requiring free police
helicopter tine and the number of hours required if that interest continues.
Item number four, Seaescape's desire to cause a reduction in the percentage of
concession sales that they absorbed by virtue of Seaescape's separate agreement
with Marine Stadium Enterprises, Inc., raised the interesting issue of wanting
the City to relax the requirements the City agreed to with the party from whom
Seaescape had purchased both the rights and the requirements. If this were
possible, of course, the question then would have to be whether Marine Stadium
Enterprises, Inc. would have required greater considerations from Seaescape for
the sale of Marine Stadium Enterprises, Inc.'s rights, or if Marine Stadium
Enterprises, Inc. would have indeed entered into the agreement with Seaescape
at all.
In essence, then, of the four items listed for negotiations, only item number two
(financial capability) was resolved.
Seaescape's desire that the City relax percentage requirements
from an operator from whom Seaescape purchased both the rights
is not currently negotiable without new legislative action.
Seaescape's refusal to provide helicopter time fo
to current policy related to helicopter operators
deration to Seaescape that is not currently being
r
on concession sales
and responsibilities,
police activities runs contrary
and requires a form of consi-
provided.
IVE
Seaescape's inability to promptly and appropriately resolve the continuing
Cloud of conflict of interest, caused by the ownership of a beneficial interest
in the Seaescape corporation by the City of Miami's Chief Examiner of the Civil
Service Board, creates a real doubt that even if negotiations could be
successfully concluded, a challenge related to Mr. Pantin's involvement
rendering the transaction voidable, might not be satisfactorily defended.
As a consequence of the foregoing, the City administration must now either
request new Commission action related to the helicopter and concession
percentage issues or determine that this needed Commission action and the
cloud of conflict of interest is such that a successfully neyoLiated lease
with Seaescape cannot be achieved.
A& EXHIBIT "I"
Richard L. Posmoeh
Gry k43naRer
Miami, Florida 33135
Dear Mr. Davis:
It is my understanding that the last opportunity that the City of Miami and
Seaescape had to discuss negotiations was some time ago. It is further my
understanding that there were some remaining items to be negotiated inclusive
of the heliport site, the City's terms regarding the operation of a heliport,
concession sales and percentages, etc. Apparently no future date was estab-
lished to continue negotiations, and I am, therefore, establishing such a date
by virtue of this letter.
In anticipation of meeting it would be necessary that you provide the City of
Miami with the follow4ng:
Item 1. A statement of the financial condition of Seaescape as well
as the financial condition of each of the principals;
Item 2. A statement regarding any substantive change in the makeup
of the
corporation;
Item 3. Leslie V. Pantin, Jr.'s determination as to which of the
three alternatives proferred by the City Attorney would
be
selected by him in order to eliminate any question of
conflict of interest. Such conditions were; (a)
resignation -
from the Civil Service Board; (b) divesting himself of any
involvement or a•mership in the corporation; or (c) a waiver
by the City Conuni ss i on through the
Y,�
provision of an affi tlTmati ve
4/5 vote;4
7r 35"
Item 4. Seaescape's proposed heliport design and operational activities
together with the proposed method by which the City of Miami
might be compensated
for helicopter/heliport use.
"SUPPORTIVE
'on by
It would be appreciated if you could provide the foreg ingi ay" Aatl 2 4
Monday, March 30, 1981, in anticipation of 9 uestions
1981, at 4 p.m. in the Office of the City Manager. If you have any q
regarding the foregoing or any conflicts in schedule time related to the
n—Tease contact me at 579-6040.
cc: Mr. Blaine G. Davis
Mr. S. Whitman McLamore
Mr. Leslie V. Pantin, Jr.
Mr. R. L. Fosmoen, City Manager
Mr. Cesar Odio, Asst. City Manager
Mr. Robert Jennings, Director, Stadiums & Marinas
Mr. George Knox, City Attorney
Mr. John Copeland,
on55
Mr. WilliamLeasetManagerney
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E X H e I t "1 n
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ichard t, FoSmoen
Fu.
Crty Manave,
March 31, 1981
Mr ♦ Y s i
Maine G. Davis
Chairman of the Board 4 t
Seaescape of Miami
Suite 101
1401 S.W. 1st Street
Miami, FL 33135
Dear Mr. Davis:
This will confirm the change in our originally scheduled meeting
of April 2, 1981, to April 8, 1981. The time of the meeting
remains 4:00 p.m. in the Office of the City Manager.
Please note that the City would still request a response to the
items listed in my March 23, 1981, letter as soon as possible.
Those items were:
Item 1. A statement of the financial condition of Sea -
escape as well as the financial condition of
each of the principals;
Item 2. A statement regarding any substantive change in
the makeup of the corporation;
Item 3. Leslie V. Pantin, Jr.'s determination as to
which of the three alternatives proffered by
the City Attorney would be selected by him in
order to eliminate any question of conflict of
interest. Such conditions were: (a) resignation
from the Civil Service Board, (b) divesting him-
self of any involvement or ownership in the
corporation, or (c) a waiver by the City Commis-
sion through the provision of an affirmative 4/5
vote;
Item 4. Seaescape's proposed heliport design and opera-
tional activities together with the proposed
method by which the City of Miami might be com-
pensated for helicopter/heliport use.
«SUOPORTIVE
DOC U �A MTS
'
Lrr+tlAo �1j,j n ' IGi, rw7•bal; �� i ..� (�.. OW"
Mrs tldi o 44 bavi§ March 31, 1981
1f you have any questions rogatdihcj the foregoihq O please let M@
kno
incer y,
i
r t
W. arkins
t
tssi tant to the City Manager
RWP/h 4 1 5
i s � 'RR
cc: Mr. S. Whitman McLamore
Mr. Leslie V. Pantin, Jr.�"f`
� � r
Mr. R. L. F'osmoen, City Manager£'
Mr. Cesar Odio, Asst. City Manager
Mr. Robert Jennings, Director
Stadiums & Marinas``
Mr. George Knox, City Attorney
Mr. John Copelan, Asst. City Attorneya,�'t
Mr. William Harrison, Lease Manager
S
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MAIL6PA". SEgviICE / .14TER {
MIDCLET1.)w-d. VALi
mwmumi
4o05b5725093002 04/03/81 ICS IPMMTZZ CSP `"IAA
1 30557QbOul "GM TOMT MIAMI FL 0u2003 0545o EST
E X H I B I T "III"
T141S MAILGRAM IS A CONFIRMATION COPY OF THE FOLLCWJNG MESSAOEI
305S796040 TUHT ►+IAMI FL 78 04.03 0545P EST
FON 305b432111
COPPc,RATE PRI'+CIPALS
SEAESCAP OF ,IAMI SUITE 101 COPY MESSAGE
1401 5LuT►+^E3T FIRST ST
MIA'1I FL 33135 w PROVIDE LISTED
YOUR AITE.TII,+ IS DI"ECTEU TG THE 4 ITEM S YOU WERE TO
Ito uUTH My "akC" 23, 1g8lr AND MY MARCH 31, iQ8i LETTERS. SAID 4
ITE'45 A:kE Tp — Pk0vIyOEiD 6Y MApCH 30, 1981. URGENT THESE ITEMS 9E
SU6111TTEL) L)Y APg1 L h. 1961. FAILURE TO S►i9yIT THIS INFORMATION
CREATES u'JP414 LI"ITATION ON CITY'S NEG17TIaTIONS AND HAMPERS EARLY
RF SGLUT jL,,. TIJ T,,t C,,KKENTLY 7 MONTH LONG NEGOTIATING PRCCE;SS THUS
cl►tT►-Ek YI*JG THE CITY AN OPP()RTLiNITY TO GAIN REVENUES.
w r PAI-KI'45 aoSISTAtiT TO CITY MANAGER CITY OF MIAMI
17,ub t3T
MGMCu,4F mGM
3
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"SUPPORTIVE
e
D� " r
RE U �vI L_NTS
F01 OW"
r` TO REPLY 9Y MAILGRAM, SEE REVERSE SIDE FOR WESTERN VNION'S TOLL = FREE PHONE NUMBERS
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V
Dear Rob:
EXHIBIT "IV"
In response to your recent letters requesting information
on Seaescape of Miami, it is believed the attachments will
satisfy your needs.
We look forward to meeting with you on Wednesday, April 8,
4 p.m., your office, and pursuing negotiations that will
lead to an early and satisfactory lease on Marine Stadium.
Ply best
8 ine G. Davis
sm 4 F
ewe Suite 101, 1401 S.W. 1st. St., Miami, Florida 33135. Telephone (305) 643-2111,
._. -..Away
lei 1: A Statement of
as well as the
principals.
4011pe
,e,.sc.
of miami
April 1, 1981
the financial condition of Seaescape
financial condition of each of the
Seaescape's funding to implement its proposal is contingent
Upon signing a lease for the Marine Stadium property, as
Stated in the October 1, 1980, proposal accepted by the City.
The financial statements of the principals were included with
the October 1 proposal. They have been updated and are at-
tea= "e re. G�GG, f �ll ��L�.✓i t —�
Item 2: A statement regarding any substantive change in
the makeup of the corporation.
The Seaescape principals are Blaine G. Davis and S. Whitman
McLamore. Leslie V. Pantin Jr. is no longer a participant
in the corporation.
Item 3: Leslie V. Pantin Jr.'s determination as to which of
the three alternatives proffered by the City Attor-
ney would be selected by him, in order to eliminate
any question of conflict of interest. Such condi-
tions were: (a) resignation from the Civil Service
Board, (b) divesting himself of any involvement or
ownership in the corporation, or (c) a waiver by the
City Commission through the provision of an affirma-
tive 4/5 vote.
Leslie V. Pantin Jr. has divested himself of all interests in
Seaescape of Miami Inc. (see attachment).
c-,
Item 4: Seaescape's proposed heliport design and operational
activities together with the proposed method by
which the City of Miami might be compensated for�P��[7'iI�/C
helicopter/heliport use. (� I V C
FOLLOW"
_J17
Aei�ir� Suite 101. 1401 S.W. 1st, St., Miami. Florida 33135;Telephone 4 - (305) 6 3 2111.
Ag indicated in out bid package 5ubrnittod October It 1580 t
Seaescape proposes to include in its operation a heliport
operated through a sub -lease with a reputable helicopter
operator. one of our concerns regarding the heliport was
to find an operator that would provide jet helicopters only,
due to their reduced noise level, reliability, load capa-
bilities, and public acceptance. Additionally, the operator
would be required to make the heliport's design and aircraft
Colors compatible with Seaescape.
Revenue received by Seaescape will be based on 15 percent
of the gross receipts and would be included in Seaescape's
total gross receipts from which the City receives its rent.
Heliport revenues are estimated at $350,000 the first year
of operation; Seaescape would receive 15 percent, or $52,5006
The City would receive 20 percent, or $10,500.
N.1j ne of the operators we talked with were willincr to offer
free helicopter police time for the following reasons:
a. Insurance policies do not cover their helicopters for
police use.
b. The Jet -Bell Ranger helicopters cost $350,000 each and
approximately $350 per hour of flying time.
C. The operators use Vietnam veteran pilots with over 1,000
hours of flying time each. They express no interest in
flying potentially hazardous assignments such as police
work.
In September, 1980, we met with William Ter Keurst of Dade
Helicopter Service to determine whether his firm should be
considered as the Seaescape operator. It was decided after
several meetings and a review of his operation to seek out
others.
The two operators under consideration are Crescent Airways'
Inc. of West Hollywood and Fostaire Helicopters of St. Louis, ;4
Missouri.
F0k
HELIC
atv,r,lon of �
a lease from the City Of Miami for the Marine Stadium area. This agree
'
ment shall be null and void if Scaescape, Inc, does not obtain a lease
AAA
for the above mentioned area.
Ledp upport by constructilig
Fostiire agrees to PI
_e its financial s
a heliport on the leased premises as soon as practical to include a
rea no greater in size than So by 100 foot, a storage landing
Mtn
storage a
area for access to the storage facility of So by 100 foot, u:lLiergrowid
00 foot, passencer lounge and
a 100 by 1
fuel storage and fueling are
ticketing area of 40 by 50 foot, customer parl--inq area of 100 by 100 foot,
-ids 70 by 7/0 foot, for a total area
each si;Iltseeing operating p,
three
of 52,700 feet of operational area. An additional clear zone area of
s to park and/or
34,400 sqiiar6 feet that can be used for transit helicopter
overflow au-60::',0bilc parking for staciiii-il actiVities. licliport area to be
the overall lease area with 1.210 feet
identified as the sout,.Icast section of
MCI
DOCUMENTS
FOLLOW
r
t-
t
ry R
Y
field will be made available for the �Ljiuiu,t.
bated on a per show or per week basis as a separate agreement*
Inc. should default its agreement
I f , for any reason Seaescapej
City
of Miami, Fostaire has the right to negotiate with the
Stith the
City of %ami for a separate lease of the heliport area.
t�
t f
VOSTAIRE HELICOMP
SMSCApE, INC.
By
�y
DY`
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OUP PO 1J I
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t o I s fNt `i t�'7 E*tn 'ts s t €� �.t a1 tr t ltxt i t i a.
s�-
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ASSETS
LIASILITESoouAltt
CENTS
CA�14 Cli F.040
1
1200
1.00 1,
-- - —
NOTES PAYABLE TO BANKS
CASH IN E3,".'K
13
-150 0
jo
NOTES PMI.?FLE
NOTES F_10�,LE
N___
►- OTES PAYABLE OTHER THAN TO BAIJKS
N C- T;, 5 Z
-A—d-
PiO I I -I VA Y,%, I, E �1, I T14 ::II
OTH.0i tri,-i H-A.. j,*11
ACC c VA 15 11 r, A FIL E lOT DUE
- -_ - - -
1
ACC,)J,'.TS PAYABLE
. ____ _1_1___ 1
00
A' COUN 15 f� i'. E. SELF -PAST DUE
U.S. GOVT. C R,..1(7 A TIONS 55
800
'00
LCA',S Oki LIFE 1-0 !kA,'4CE 1.
TAXES
13
000
00
STOCKS, E",0S. A'-D OnER I fz� IM Eli ITS
1. i -ia p A c. r a)
84
I
I
'00 1—
M. C R T.' At-,[ S uR LJLI,S r"i R' - AL ESTATE (,!iw:r
- -- -- - - - --- -
75
---- -
000
1 00
- .
A OUE %irHIl O'4E Vr_kR
C A� I! 1p'ALLIE LIFE RAN C E
500
.00
(�rodit (7�-irds
1001-00
REAL ESTATE wi-izc rvicii)
:'265
000
0
A%Y 11TI1FR V.0i I, DUE BEN'O'it) O%L VLAR
ANY 07HI.R AFTS in
PLI -,-n i Fixtures & Ei 30
000
100
Silv,2r 40 000 00
0111c]. le Cutlass
t
500
ji
'00T
1i 7
500
- -
!66 i
Mor Craft soat
7
0
1-66-
boo
TOTAL LIABILITICS
_T
GIL` .. --s
2 0
; 60- -0
10-0 f
go
000 loo
nn
NET WORTH
438 1
600 100
70TAL
528
(700
;00 1,
—
TI-ITAL
�7!R !
r.nn ;
nn
!;CI`-4F:DULI_ OF REAL ESTATE O%VNI-D
AND tOAtllN TII,E IN ..,Ic
nivi-ra- --ivc-
-----.-
uN a I.t 'If
00, nooj, --
75, )00 12 0, 000
651 QOO ---
CONTINGLISIr LIAt3ILITY OF ANY KIND OF NONE. SO INOICAUrl
UPON MOILS OR ACCouNru 141 (71 IVAIII U OI-,COUNTI,O !,OLD. OR ASSIGNED
,:CNTI%C;I-NT
At; L;UARANFOq FOR OTM415 004 NOTI-S. "ONDS. CON)HACTS. LTC.
ANY OT,41 R
_WU
I 1AIIII-ITY-ITEMIZE
TOTAL CONTINGENT LIAUILITIrS p ^G_
bLE DTho,R SIDS
EX
" WXY
1
- §'fi'OCK5, bONf]S, AND OTHER (LAVES, .+CENTS � .4
OIItC RIf T104
I A�10UVT Of Sv 4iarlON '�T: F7i0U•IT -,
Stiorer_l jrdca�ttnc __195Q shares __ SF3�600 -----
__ - — ---
SeaeslE ' ! .� of ,tiarai Inc. 1/3 of stoc : 15,000 ----
s - --_ ----- -- - - r --
Pillsbury 150 6,000
------ ----
- T(`J1:1I1 $8'1, 600
SCHEDULE OF LI AE31LITIES SECURED E3Y ASSETS OTHER THAN REAL ESTATE
_ I _
rMO OF
VNT CU�!
NAME OFCREDITOR ---� AMOUNT type OF OELI -ITiO% � DESC RIar10Y OF SCCURITI• —SE---_a
- —
_ s
NONE_ —.--
I I -
STATEMENT OF NF_T NOH:(H AND INCOME AND EXPENSES
FILL IN DATES
FOR THE PERIODL'E ;IN`JI`I ; ,L3rch 14 _ __.19-81__-AND ENOINGr'---- rch 31
440 600 00
NET WORTH AT CLOSE qF PRE": WUS YEAR..._ ...._...._. ....................................
i
ADD I':CO'•tc FOR r^Er?II'D AS AE";VF. FR':fd F OU Oti'J'.G SOUP' ES 23, 500.00
SALAWE`
INC,).�: �,,^,R L':�'• FR:`•t .-_,'.(ii :�? P•? F I-�Y _--. __..---•.
?iCCM ;R LCS�, f fYJ d F1Ri'c(tt_t't'i. SY.:DI;.A?LS. PJCLS. ETC............ _.—..—._�--..�_•I
RENTS A'iD ROYALTIES ... .. ... ....: -
PROFIT (OR LD 5 OV 1'i:E;TNF' S _ ---
6,500.0b � I
INCOME F Ht:'.t I - EiIML`ITS .. - --- - ---
OTHER 1':C, 'ME-ITEM1,7E..... ....
- 30 1000 � 00
TOTAL 1%CZME FOR PERIOD....... ,. F
s 70 6__
TOTAL.:.
DEDUCT -EXPENSES PAID.. ................
s-20,000.00
... 500 5, 500_00
TAXES PAID FEL'ERAL I'.0 .�' s .... .. oTH I s. ....... i 6, 500.00 (
INTEF?EST PAID ........... ........ ...... ......................
:.
OTHER CEC•UCTIC`:S-ITE:!IZE ............. ... ..
��� � 32 000.00
TOTAL DEDUCTIO`,5 FOR PERIOD .... ....... ........... — ...... ............. .. .... . .
NET WORTH AT CLOSE OF PERIGD ,'•tU5( AGP(E WITH NETK'CRTH ON PAGE ?I....... ... .
............. S138 600 00
ALL QUESTIONS SHOULD BE ANSWERED
LIST ASSEiS F'1E''-t �)''R 4'TPOTr+E:_51ci) 01`•Eq iNA'i AS STATED A30'rE...... " — ... .
ARE THEHf. 1'4Y :UC
•i,; is S'JIT5 PE'.DI'+G AGAI%ST YOU'. t4n._........ A►.IOU'iT S ........ ..... ... ..
, ...
200,000 .......CASH VALUE S.... .......
LIFE I'-G,!"I ,__
fit..: r . ..
STAlE'!Ar, t,;'•I a± :.E:i) f t.�1 as �nUi:=Ei AT All C'iE TIME DURING YEAR
S 9�,,��F).OI) .. ....04TE 19i' to—da.- ................... ...... --............. ...,�'. ...
n 1
1
y� STATE MINIMUM A!1 .)'ot t tR::', LD FR: N ALL SICURCES AT AVY O%E TIME DURI%G YEAR
��
75, 500.00 1980 - xk)rtgar;c, CR11.y - 11
.............DATE.....
THE UNDI'NSIT, N! Cl Hk `+F"HY ClIITIF IFS THAT THE ►UFff GOING STATEMENT HAS t3E-E N CARi FUL.LY READ BY IHI- UNCERSI .N' O, T"HAI I .
IS A THUI'. ALAI) r_.iRt.•'-C 'sl All M1.NT OF It/F: UNCI .t':11}Nt_U'l: FINANCIAL. CUNL3I TION, RNLI THAT IT 15 O• LIVEr+:.0 TJ YOU FU`t THE PU -
pO7c OF PIt U'..U1tINti �'+: I11: ►I,,).A TIMt. TU IIMr. IN FHi.. I, vs NT OF ANY SUtI".T ANT IAL AU.F.ft �C CHAN:7 .. IN 1N:: UNDt tI SI.�Nr U'S FIN••
CIAL CONt111 JoN, THI. UNLr I.'i 1'1NLU WILL G1�.1: YUU PHUMt'T NOtICE. THFIII U►. ' r
THE FOHrGOING 19 A STATt-%it NT OF MY FINANCIAL CONDITION ON—. � - -- - -
DAIC SIGN NC++a =
i
L 1 .', 7
' E)(H
I B I 7 VIA Y it
LO_t§ ia!- Vinancial 5tateffight
Blaine G. Davis
Art, i I It
1991
1311 Adams Street
Hollywood, Florida 33019
(305) 925-7248
Occupation: Public Relations,
Business Name: Blaine G. Davis &
Associates`''
Business Address: same as above
Business Phone: same as above
k
Assets
Cash in banks",0d
Non -marketable -securities
10,000
Partial interest in real estate
'r
q e 6,640
Real estate owned 116,600
Autos and other personal property 410000
Blaine G. Davis & Associates (12 x
annual gross) 75,000
Total assets
Liabilities
Notes payable to banks - secured
Notes payable to banks - unsecured
Amounts payable to others - secured
Amounts payable to others - unsecured
Real estate mortgages payable
Other debts - credit cards
Total liabilities
$ 93,438
' r t r'
Summary
4
2
cr5
Assets
$291,740
`" t
Liabilities
r �'
93,438�
Net worth
$198 303`
Blaine G. Davis
iVE
DO
s , ; f �. • � 7 f
i_
FOSTAIRE
HELICOPTERS
dwrspon of f nsl, re H.3r11�or Inc
- Ait%rti5lnK/".ti�:S Promotioninter-}•ianL
C livl c i�:
Law Pnforcement - general
Aerial Recover}•
hooting - surveillance
Agriculture - 1�enPral
".annint
Ambulance
Athletics (drying Plavihr fields)
microwave Survey
Rank. Paper ': ransrortntiun
inning Supnort
Movies Sc Television Commercials
Fanner Towin1
Patrol R. Construction -
Caro Transport
Charter Taxi Service/Air Carrier
nowerlines. cable, rinelines
Constriction
Plant Location Surcep
Conservation
Political Car,nairni-nc
Pollution nptection/11,-)n1torinti.
Corporate Transportation
Prison Prnak - Tlatrol
Pe -icing
T)isastPr Supervision
Prosnentinr
Radio Froadcastine/Traffic
education - visiting schools/colleges
Rallwav Patrol
Executive Transport
Fxnloration - t7as/oil/mineral
T:Pal Estate Evaluation
Fairs (advertisini: si^htseeintl
Realty Promotion Flirhts
Fire Fighting
rescue
Ribbon Cuttinr
—__ Fish Life `'ttidies
Road nuildIna Work ': Survevs
Fsh Training _ -
c--+.. r1 ni,o- l)ol i vpry
1 .t� f r salt 2 y
�k77
1�t
-
"SUPPORTIVE
DOW 'tEl"JS
FOLLOW
81 327
FS
DEX
t
111 �� �.�•' . .�'- ; �; f?� +lam 'ry'=! �s
i:�'' _tc -• ', Ali j .Q�A� �•.� •
1 +
-1-�i,, :!``. [ /� � Z_�y♦ tip. �.
r
.' .�� lam' S. t"' - t � M t',Y,1 U r �`� ^•V�b ��Jp
`.- �•; � jai ` ,f ti�.( J^: M• • � ��a� � •�,`
ter.,.-�� `: i,� �,• i� ��. • •�`;�fr�• '-�ti�; : • 4 v.k
"SUPPORTIVE
FOLLMN
k t
fS�
1
t d t
7 't
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a � -
i 14
� .' 1 s p � 4� � t� 4 t �. t• 4 t i � ?�;
7 t F
t 4
DEX
t �.
Crescent Airways, Inc.: rtrim A4111tillirs tO icr>,13t�fs
l inl!s .:nod ! 1„rltla ssas I( ,in tit (I In
1'1(,2 as an ,111111011" nl,• !atlun the
tu'•t hl-llt opil-r a Tlell 4"(; s:as put
u,t1, sl-nn e it, ltl(,3 as i tanner and
(nnvnl-rr,.tl serylt,•:eh,clt•
Tc d,w Cn•s( ent is stn(tly a
111•11, nft11•r 1,;wr.ih(m Me all-11ell
fl,•••t nul,n',es tsso 2pbA's fryr .ObTI's.
1 rs e 206111's, three 47G4.\'s, one
4712A. one -17C,. (,tit, 47r, ifi2, and one
2O(,1 1 A 13r11 222 s:Ill ill• added to
the tl(,'t hs the• end of lhn sear to
mahr Cre• i ent tilt- ferst (mmut-r-11
(gwr,tlur in s(,tith I Inor!a s:,th the'
C,,•„rl:r A N,•tin,ith l:hn founded
the• r,tth'r his 11-ttivni •nt
line•, the U S Vlatini- (ores. serves
as president
The (bier tot of Operations is
(•\l,ulncei I(,i,n.on. III, an rV
nl:litar,, pilot r.,th more titan 22.000
I,crurs of hells (rpter fl,t;ht tune Ill• has
L,ur d tt•(►:nI( +I a 1, t,nr and
(,)nstiltart In a: tat nn `o{ several
( •tn!,lr •.In totettrnes I'n••4•111k tie
v•r.l-', as pn•snL•r.l of the I I,'h( up!l-1
:\.s(�t Ltl+tilt of I t„•td,l
All ( res( ent pi!„ts 11" t•s nulttary
s:i;h u:rr.l-,ts r•p rn•rttl- iIt'-it
.1t l-tJCt' lunits Jn' at till- 401.11 11111%
Il-:rl ),rues tits,•rt rs t 1111•1 Inl,it t he
e1(•:t•n Ctes( enl I .i,)ts ffv hI hsl-en
d 1'1 and ',00 hours a n'.trn!it
( II•st I•nt is an 1;! 1, 1'rI. I Eirll and
i AA I( ,),I it • at,tm I', It +.rt!;e.t ,s
dirt ( tur of mau,rl-;r,tnt e Br.td
r(,ft 15 t,mintril,,r;, 1. shop
fowm.m and (,art f ceerr.,In is
c ser!,aul sh(,ll fort•nl,In
Crest l-nt Is ( turn•ntTt th(' only
Illteralot in • (-uth 1 i,,nda_
00 Y (i
�T F, UG Ed
Pu,,fit,hr•d t,q sill- H, rt:(.,; ter i. .•,-:;�.I'
h"n n! i.nlr nc;t, 11 0 '.: not nt :.e•n,1 '.
.'G005, a nt;npruhi cc,t; _;rats ,n
Ic,rn,al for the t,Cnetit 0 i'. rnl-n•t,l-r,
Llfolrrlation •,ont:tine;l t,e'I In nsay t,e
quoted of ftTlOducr:1 V"It' tut i,ertnls
pion Credit to HAA I'l01CT1nt :•: ,s
requested
Dellord M. Smith, President
Robert A. Richardson, Executive
Director
Stephen A. Schuldenfrei, Adiniriistr,-Aive
Manager
Sarah Hammann, Public
Communications
Coordinator
[ ; �J.�L����:... "'1•r•+� .-- li'�� •tt.•-7 ..,� ■.x-.s . V � -t t.• '�v 5.•►tl•-
'*'ter'
71� T :s' � :gib- ���.•. ��•,�•�- : :�' ' j,
1 -. ♦.a —� l•CJ nli1 .�:�� •�� il•.L. ..•��i•E� a•.•'.Y-.�.:+t..
Electronic nrsss lathering in the air around Miami is part of Crescent actisihrs Shs 10
(1\'PLG) and shycam 7 (?\ChT) lease the helicopters from Crescent and use Crescent
pilots.
ssith authority to op,•rate In the for the rn,llnr nI•t:sorh hL1rt•,P1,. In
Ii,thatoas, f{,ut1 the IL••n1rnl.nl
the ?.tram, ,ln•a
• Charier \tr last
krpuhht, I'u,•cor 1{n (I aiuE !ill- • .\ I A f; part 1•il ,Ind \ .�
\'Ir(;ul Islands
('II•%I I.111s ,it .I pl,r(t: l-d Ilh;ht a hnU1 iht�tl :.;ll
1 N All,
I
r Dirt tlt nu iud'' • (.)If espl(•ratI0II suppt,rt ,n
• I et tn,ni( nt•t:s {;.t1l+l-nni; for the E:rrt;ladrs
\'( h:l - 1\' (hannl-1 7 (S1,y( .uI, 71 • P; 1ellno and i�utsrrhrll• patrol
111 (Shy • tilos,e .:Heil mid trll-slslon
101 In N11.111U• (ttt ,let .1111IL1,tl
,1% (Ill t All 111111ml• wiltlen, is In ' i lit'
Island f wilt h Vlaillit \ttarl
1..,1
The tort l-n r '
-�...•.s: �• '� � �,und.t\.
y r ' ),oils the
iS1 f r.,pin• u! till- Ant l
.� Sut,t•r tine ,lrl-r and the I stvu's
`•+: i.-S-tt-3is� '�t.•—fir •+. ( aol'•e
^-R^� G:� • 1 vI tn,II lilt
,f 1 f f YtL:r.� A �,,�',1 L • tilo'cl lu it( Int alloll for
�•t • ,fir ar.hulartcr
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after its .14()O hour inspection. tt !lnsun; hurm an(• passa::e
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The Cres-111 logo adorns their operalions building.
DEX