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Home My WebLink AboutR-80-0767i,. ; , ;••••.�,,� •a it rl. lrlli RESOLUTION NO. S O- 7 G 7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY THE FIRM OF BROWN, WOOD, IVEY, MITCHELL & PETTY THE SUM OF $29,961.55 AS FINAL PAYMENT FOR THE FIRM'S LEGAL SERVICES INVOLVING TAX CONSIDERATIONS IN CONJU14CTION WITH THE CITY'S SUCCESSFUL SALE OF BONDS FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ON AUGUST 7, 1980 WITH FUNDS FOR SAID PAYMENT BEING AVAILABLE FROM THE BOND ISSUE PROCEEDS. WHEREAS, the City retained the firm of. Brown, Wood, Ivey, Mitchell and Petty as bond counsel for the City of Miami/University of Miami James L. Knight International Center; and WHEREAS, these services required numerous and protrac- ted meetings and negotiations; and WHEREAS, the negotiations were successfully completed on August 7, 1980, with the delivery of the check to the City of Miami; and WHEREAS, a prior payment to said firm authorized by Resolution No. 80-698, adopted September 25, 1980, did not include the invoice in the amount of $29,961.55 covering legal services for tax considerations; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: "DOCUMENT NDEX ITEM �JO - of Section 1. Tile City Manager is hereby aut or' pay the firm of Brown, Wood, Ivey, Mitchell & Petty the sum of. $29,961.55 as final payment for the firm's legal services involving tax considerations in conjunction with the City's successful sale of bonds for the City of Miami/University of Miami James L. Knight International Center on August 7, 1980 with funds for said payment being available from the bond issue proceeds. PASSED AND ADOPTED this 30th day of OCTOBER MAURICE A. FERRE M A Y 0 R u •-- / ,r - , 1980. CITY COMMISSION MEETING OF o u 3 0 mo a opyk PREPARED AND APPROVED BY: 41(a� -./, &04"-Ir ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: q-.7f-- ,/ GEORGE KNOX, JR. CITY A ORNEY JE -2- 80-767 Richard L. Fosmoen City manager Carlos E. Garcia Acting Finance Direct r O�\ October 14, 1980 Bond Counsel tee The firm of Brown, Wood, Ivey, Mitchell & Petty has been working with the City since early in 1978 to help us bring to a success- ful conclusion the sale of revenue bonds for the Convention Center and Parking Garage. The sale was successfully accomplished on August 7th of: this year. f C/-�). ~ � M 1 f ; •� N l The City Commission has already approved payment for services (i) as bond counsel, (ii) in connection with legal instruments and other documents involved in the construction of the Convention Center and Parking Garage and in the ].easing of air rights over the Convention Center and Parking; Garage, and certain other legal services and (iii) in connection with the validation proceedings in the Circuit Court and in the Supreme Court. Attached is a Fourth invoice for legal services respecting; various tax. considerations for a total of, $29,961.55, which was overlooked when the other three invoices were paid. It is now necessary that the City Commission approve the attached Resolution for payment of these costs. r CEC:hb Enclosure cc: George 1. Knox, City Attorney 80-767 i f 1 t I �' � I �i � d • I , •. BROWN, WOOD, IVEY, MITCHELL & PETTY ONE L19ERTY PLAZA, New YORK, N.Y. 16006 212-349-7500 OUNDARS APCRANS PETER J. MICHtL _.._— JOSCPH W. ARMBRUST, in. HENRY F. MINNEROP TELEX: 127324 OEORGE S. BOYLE ROBERT L. MITCHELL t. MICHAEL BRADLEY JOHN H. NEWMAN CABLE ADDRESS: BROWOODLAW WILLIAM E. CARTtR RICHARO B. PCTTY WILL AN R. CAR T tR PAUL C. PRINGLE T ELtCOPIEP: 212.348•751G RICHARD CONWAY CASEY JONN A.OUISEN BtRRY P HILIP W. CLARN A. FRANCIS RO BINSON,JR. NENNtTH T. COTE RICHARD 0 RUDDER THOMAS O. CRCAN CNARLES J.SANOERe HOWAR0 0. GODWIN, in. HOMCP 0, SCHAAF JOSEPH OUANDOLO NORMAN O.SLONAPCR ROGER J. HAWNt THOMAS R. SMITH. JR. J COURtNtY1VCY tOWARO P. TOLLCY,JR CNARLES J. JOHNSON, JR LAWRENCE C.TONOEL "A LPN L. JONES MICHAEL VOLOSTAO OEORGE R. LASHNITS SEDOWICR A WARD F. Ltt LIEBOLT, JR. PAREL WESTERLING JAM tS N. MANNING NOWARO W WHI TAPER, in. JANES B. MAY HENRY t. WILLIAM 9,Jq.• WALTER 0. MCNEILL MICHAEL G. WOLFSON •AOMITTtO IN FLORIDA ONLY Mr. Carlos E. Garcia Acting Director of Finance City of Miami P.O. Box 330708 Coconut Grove Station Miami, Florida 33133 Dear Carlos: l October 1, 1980 I Re: Invoices for Legal Services. Convention Center and Parking Garage Project BAN ►RANC11C0 OP/let ALCOA BUILDINO ONC MARITIME PLAZA BAN FRANCISCO. CALIF. 94111 TCLCPHONC: 415.398 -3900 TAMPA O/►ICL BARNETT BANK 9UILDINO 1000 ASHLEY DRIVE TAMPA, FLORIDA 33002 TELEPHONE: 813-223-9600 TELCCOPICR: 813-223-988 2 Let me again express my thanks for the check we received for legal services in connection with the Convention Center and Parking Garage Project. As I informed you in our telephone conversation, we submitted four invoices for such legal services to Joe Grassie with our letter of August 27, 1980 to him, a copy of which letter is enclosed for your information. Three of the invoices covered services (i) as bond counsel, (ii) in connection with legal instruments and other documents involved in the construction of the Convention Center and the Parking Garage and in the leasing of the air rights over the Convention Center and the Parking Garage and 'cegain other legal services and (iii) in connection with the validation proceedings in the Circuit Court and in the Supreme Court. The fourth invoice, a copy of which is enclosed,covers legal services respecting the various tax problems, the legal fees amounting to $25,000 and the disbursements to $5,961.55,for a total of $30,961.55. With respect to the three invoices that have been paid we received $1,000 in excess of the total amount of such invoices. We have not received any payment with respect to the invoice relating to the tax work as mentioned in the attached invoice. 6 - - --- -- - - .�3;-�tdti•: "..ti-� ��yylein.J _ .. .y. ..�u•-� - - -2- Thank you very much for your kind attention to this matter. Sincerely, Joseph Guandolo JG:MZ Encs. I Ao ir^z ^�'�1.••p r •n^ u. f ... ... .....:.i.u.'...�5..G.......................................... ONE LIBERTY P I-AzA, NEYi YORK. 10006 _O toueate r(e �specting variot:c tax grC lerr.s i ac.l d.£ the ei•e'..lr tine* of the interest on ji amount of :'h E' C_"t► of i:in,mi Ccn%rention Center and Par?:ing Garage . ,,cs, r; -le earvices : co::fc:rences an--* rectingc in ::' a.:,i any. ?;ew officials and attorneys of the Cit•, including particularly the ,1r D' r /.� th the Hotel Develcnar, the Trade Center beveloper and the un, ersity of miar..,i, discussing the avo'6ance of actions detrimental to the e:;c-. ption from federal income taxes of the i.terest on the bonds; e.%*1:1%16nation of the Internal Revenue Code and the regulations promulgated thereunder and research and review respecting pertinent IRS rulings, both published and unpublished, and preparation of legal memoranda and opinions thereon; review of drawings and specifications respecting the space leased and other benefits granted to the Iiotel Developer by the Cit_► in, over and about the Convention Center and the parking spaces made available by the City to the Hotel Developer; review of the arbitrage problems involved in connection with the issuance of the bonds; I -------------� Yr.+;r5*..- nr•.esrrtwvs..,:a'..� �. u1i,,: FILE a:,,r:•,..r.�o= ........................................ ►'o G�OY.'P:, W60 C, It'Ct', f ;tTCE•:CLL �: PC'C't'Y, fir. , ONE LIBERTY PLAZA, NEW YORY. 10006 C`: the be in or:_'' r to P.evure. that the int-ori st on th! bond jioulc. riot '.,E twmble u:2�cr tho rmlaral Wncomo Ta:: s :e.tl»teo; preparation of a cer tiw i ecte r erpect; ng tl?�, space ane par?::ng-rivilegas acccrdsl to the Notel Developer ar.-? other benefits accordod to thn Ltotel Dcveloperg the University and the Trade Center Dcvc?opnrj an IM pr Par.,..: r f ,, z ^'.ing �. Q_ �,._on o� ace ti ic�.�c e,�p ..,, the a=hitrage aspects, o'.F. the bond issued 41 S l.5, 000.00 ur3eMen -s: r'rGvel, locic-inN and meals, lone -din Lance telephone calls, photocopy and postagap air courier and other out-of-pocket ' al:?CnSes, • • • • • • • • • • • • . . • • • • • • fi 51961.55 Total 30,9G1.55 -2- Mailed c� Wi' Hour 1 st Class Air htail Soec. Del. Reg. (RRR) Postage Date it other (i( over 8 cents) than one shown Entry by: August 27, 1980 Mr. Joseph R. Grassie City .;ana er 3:,00 pan 7.7erican Drive Po£t Office Box 708 Miami, Florida 33133 Re: Invoices for Legal Services - Convention Center and Parking Garage Project Dear Joe: Hand Delivery By: Hour: we enclose our invoices for legal services rendered in connection with the financing and construction of the Convention Center and Parking Garage Project of the City of Miami. The accounting records show that the services com- menced in early May, 1978 and have extended to date and involved a total of 33 of our lawyers who from time to time performed legal services respecting the project. As of August S. 1980, the actual total charges for the legal services amounted to $446,417.10 and the total disbursements which cover out-of-town travel and living expenses, long distance telephone calls, air freight, postage, photocopying, and other out-of-pocket disbursements amount to $62,590.03. Such time charges and disbursements have been increased since August S. As you will note, the invoices reflect a oubntan- tial reduction in the charges actually incurred. 80-767 Mr. Joseph F. Grassie - 2- August 27, 101Q0 Ve trust that the invoices we have suhnitted to y..L are acceptable to you. if you should have 'any questions -, reca,rding any of the invoices, please :eel free td cormuai= cGte with us. i,.e Fecl privileged that we had the bpporttni ty of-e.rticipating in such an outstanding and significant public improvement and working with a fine and &le group of public o`_zicials. sincerely, . 1 Joseph Guar4olo JG/jlc , uncls.