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107271 F E RESOLUTION NO.10, 727 0 3 A RESOLUTION TO HERE WRIGHT, LINDSEY & 4 JENNINGS TO PROVIDE LEGAL ADVICE ON THE s IMPLICATIONS OF THE NEGOTIATIONS FOR THE 6 LEASE OF THE EXCELSIOR HOTEL ON THE CITY 7 OF LITTLE ROCK, ARKANSAS $ 28,075,000 HOTEL 8 & RESTAURANT GROSS RECEIPTS TAX 9 REFUNDING BONDS, SERIES 1993; AND FOR 10 OTHER PURPOSES. 11 707 12 WHEREAS, the City, working in cooperation with the Little Rock Advertising 13 & Promotion Commission ( "the Commission ") is involved in negotiations with the 14 Peabody Group of Memphis, Tennessee, for the possible lease of the Excelsior Hotel, 15 and 16 WHEREAS, the Trust Indenture for the City of Little Rock, Arkansas 17 $28,075,000 Hotel and Motel Gross Receipts Tax Refunding Bonds, Series 1993 ( "the 18 1993 Refunding Bonds "), precludes any amendment to the current lease without 19 approval of the bond trustee, and also may have an impact on other aspects of the 20 negotiations, and 21_ WHEREAS, the City is required to obtain an opinion from counsel recognized 22 as bond counsel by the National Association of Bond Lawyers, and 23 WHEREAS, after a competitive selection process involving three local firms that 24 responded to a Request for Proposals, a committee selected Wright, Lindsey & 25 Jennings, as the most qualified firm, in accordance with Little Rock, Ark., Rev. Code 26 § 2 -243 (1988), and 27 WHEREAS, the Committee was able to successfully negotiate an agreement with 28 Wright, Lindsey and Jennings to do the work required, and -1- 0 0 1 WHEREAS, the fee negotiated will be paid by the Commission as a part of its 2 responsibilities to oversee the lease agreements and other matters covered by the 1993 3 Refunding Bonds, 706 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 5 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 6 Section 1. The City Manager and the Commission are authorized to enter into 7 an agreement with the law firm of Wright, Lindsey & Jennings, to provide legal advice 8 on the impact of negotiated provisions for the lease of the Excelsior Hotel upon the 1993 9 Refunding Bonds, and on any related matters that arise during these negotiations. 10 Section 2. The City approves the hourly rate of bond counsel as $200 per hour, 11 with the understanding that the parties contemplate the total amount of work should not 12 exceed 100 hours. 13 ADOPTED: December 14, 1999 14 ATTEST: APPROVED: 16 (�3-O�U ,j ; /I " " / "0 17 Robbie Hancock, City Clerk Jim Dailey, Mayor 18 v 19 APPROVED AS TO LEGAL FORM: 20 L u__ _ `r 21 �J �� M 22 Thomas M. Carpenter, Ciq Attorney 23 24 25 26 27 28 29 -2-