HomeMy WebLinkAbout- - Latham Watkins Retention Rev - 9/7/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: September 7, 2010 ITEM NUMBER:
SUBJECT: RETENTION OF LATHAM WATKINS FOR LEGAL SERVICES
DATE: September 1, 2010
FROM: City Attorney's Office
PRESENTATION Kimberly Hall Barlow, City Attorney
BY:
FOR FURTHER INFORMATION CONTACT: Kimberly Hall Barlow, 714-754-5399
RECOMMENDATION:
Authorize City Manager to execute extended retainer agreement with Latham Watkins
for legal services in connection with the purchase and lease of the Orange County Fair
and Event Center (OCFEC).
BACKGROUND:
In connection with negotiating the terms of the proposed Ground Lease for the OCFEC
with Facilities Management West, Inc./OC Fair and Event Center, L.P. (FMW), the City
previously retained David Meckler from Latham and Watkins to assist the City Attorney
in revising the purchase and sale documents and the lease and its attachments. The
previous retention was for the not to exceed amount of $50,000, within the City
Manager's contracting authority. The not to exceed amount previously authorized is
nearing exhaustion and therefore, Council approval is required for a new retention letter
to allow the work to be completed.
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The retention letter extension contains identical terms and conditions under which
Latham and Watkins has already been retained to provide legal services in connection
with the acquisition and leasing of the OCFEC, except that the "not to exceed" amount
has been removed. The fees to be paid to Latham and Watkins will come out of the
deposit totaling $250,000 paid by FMW in connection with the exclusive negotiating
agreement previously entered into.
ALTERNATIVES CONSIDERED:
The Council could choose not to approve the retainer agreement, in which case, Latham
and Watkins' work on behalf of the City and JPA would cease when the not to exceed
amount of the original retention is reached.
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FISCAL REVIEW:
The fees to be paid to Latham and Watkins will come from the deposit made by FMW of
$250,000, and thus there will be no negative fiscal impact to the City or the Fairgrounds
Authority.
LEGAL REVIEW:
The City Attorney has reviewed and approved the retention agreement as to form.
CONCLUSION:
Council is requested to approve amendment of the retention agreement to remove the "not
to exceed" cap and authorize the City Manager to sign it on behalf of the City, and to pay
any fees billed from the deposit of FMW.
ALLAN ROEDER
City Manager
DISTRIBUTION
City Manager
City Attorney
City Clerk
Staff
File Name Latham & Watkins Retainer
KIMBERLY HALL BARLOW
City Attorney
Date 9-1-10 Time 10:17 AM
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