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HomeMy WebLinkAboutR-81-0427MORO ow 3L , t f Y . � I t F le" ORM- t � F M F 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. }h bTx } 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 :.......................... y i - e t� y to can ' jC 1 i 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. GFK/RFC/bbb � 97 t° S �t S' � 7 • t � 7 i t t','t w t ff.4, 1-w .Jxti 3 t t 7 1 ! 1 x Q t H T, (t 1 4l t f f j t S r 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 . 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 ` i Fort lsuderdale 13051 467.2756 Diiamf k. t 13051 223-7060 April i t -Y S. t i�f rz i 7 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 - . y T W Parkins cc: Howard V. Gary, City Manager George Knox, City Attorney 00 1 Cesar Odio i iam arrison Robert Jennings S. Whitman McLamore I 11suppon-, NE j-\ I i. ,TS Pf )L LOW' 56-1 2 .9 e I 1z1a wle 5 0 LL-15XrA%41 cororation r? gra so F e b 4WI LE.qT,TE- V p TT",I �R No ()QirI?4AL No Of OO161MAL No OrSHAP15 CERTIFICATE SHARES TRAmSFERRED — — — — — — — — — — — — M Ir 1.4'h, pomNiZE0 UNDER THE LAWS Of . . . 1 1. z, A , 30 ;c THE STATE OF FLORIDA W ........... J., f 1 �,�''�. �/yt.,i:')14,'►� �y�� �' � .. ! "•. !1•�11 �?11i •. $4, 7! 1 n. I M - In r PAR.VA.QM:� -0()C� SHARES- COMMON STOCK oe 7 V. TIN JR. LESLIE PAN F -A, if ty alv're-,,malliet/ pogn -.,.IJJeJJ 4 R. an,(l ey, Zv exy 1&.1. Ile10 e961 lr Ile /w rl/i) ffe, w 11enal&-Meil; k* & Me 6y :t aill , e v ev (f-,f -Ila 1111hirss III h iF,,r. th BLAINE p IESIDENT f-2 G. DAVIS "o, 4% SfCAETAtRY LESLIE V- PRNTIN, JR. ;c Ir. 11f Ic 7 2y,t C', 11 :1, SfCAETAtRY LESLIE V- PRNTIN, JR. ;c Ir. 11f Ic 7 2y,t C', 11 :1, 7� ?t - �il�(lCJ�I�fY7�ll: hap e•ll ",rt��r�nl��r�f�;r�>l.:lllrl�;�r�t�,.lr�/�rlr1 - .. ; ' � ? • ' _ 1 ; '' . �" ' ►' to � •� . . �1/rl`I�ilil�r� url���rl�Jt%rjlrlif,/lrf!>>t�lll;.fir£�i�lrlrJ�1� • , � C ram. • r `- _ •• / Ir � . _ � i . •' - — '•L r• - - • '. s"• � 1 .' -`i -�� � _ �, :way'' � 'P•• � .�' �j: •. * • y� :�•f - �•-•. • • \� �•. `•• • 8-UPPORTWE ' F 1 •ice •!.• a +:.-•.• 1 - D O-C jvl.E L -OW LA ra . '• Wit• ..� b - -� '' •'• w !,.� ,'�• •.•.'. t ► .- . • . l f' -� • !�:r :� -t••r` ✓ '�: •.• `•"'r•i' •r•- •:ice r• f: �-r Ti"'• .� ti I• 1• .ti •.fir. . � i '� .]. . j..: •a �: �' �• `� t-'• '•+ �;�..,T.� • ►..• .1ra: v- •'� „� 1•'�-• • • . •••- ', j „�� � Y• ' ' c••*: t� ' .• j i �" t • i=►_ s•' �'� r1•. r••.Z d•' � .. r» ♦• �.�:a2 ,"r .l.•i'�=—✓: ':,r �\J- My best, == Blaine G. Davis, Chairman Seaescape of Miami Inc. s� 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 r a el z&Fi� i s �UA5 Jie A � Pr )R E DOC. 1 L FOLL w 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- �- rN 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 ?a t 'S r r j y I F i ij 5 hij "jit t it r ja " rl a i x b . 4 t n Js 2 ,, ,.,l.�t,; j.� --hs,6 ��h, � r _.,. � f I r�_�,, Fr, _a.�i_ __.. ,�.�,. ft_,. �,�ha) I..Tf E X H e I t "1 n �1 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 �- � y l a In t � � ts✓ t rf �„ �: n.�r;� a,. y:� i�t '. ,,. `��r.., �•. �£, ., ,i �.� .. t t sC.�t3 ? a ,� a r� r t •fir i i � t�� 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 v s "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 i r � f z y si r�i P f is Nt 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` t t' 9 F � i } s i t i� 7 xs r ., 7t Gtl �!.t + k r t NS OUP PO 1J I I- ���� � 1 C t+} i># # �'. t.f �� i ! l•. F � \t U>> ��� '{ V�• _ V� {.r t 1 I r • .i ty._ I r_ .l ri •i 1 + t o I s fNt `i t�'7 E*tn 'ts s t €� �.t a1 tr t ltxt i t i a. s�- �., � i t i r n r t 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 t t 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 L •'rq� ���"r� - /�^+; ..,.,yt� • (�.n:,•fnrne•nt (rr•t. ,r . .....1 � •.t;f�%.. ",�_ . `'��• ' aJ .. I'a.t a, titities haze ut:nlsed :�,�•.,: �,� � •'_ _ ;_�;�.;���- su;,;,lut t„r the sursl•sn1t; ,nut positiorttnl: of I ltuuia s ian;tanu Tr,rll :.�:.'•'':;� �`=�.�.._i:�-5•-' - ���..�J lion: \.Iplrs to .'.11,ImI and sup{,ort In A fresh (oat of p,linl dlsails this Bell 7116 the (.ttlhhl-,tn donut; uperatlnns after its .14()O hour inspection. tt !lnsun; hurm an(• passa::e - � 1 rtv •» V*s oil 9.4 Ira .:..a t , . ►��. L7 C'EDV T A I I>' It AYS INC.,. o [71 Pm, ts� .•`t�i �; s13 � _ ter.. • � i.:l � �' �•Gf ��.o�'++ei :il►^:-•.`.1+�"""'c.•' The Cres-111 logo adorns their operalions building. DEX