HomeMy WebLinkAbout1993 10 07 - Engagement LetterSARAH M. BLEAKLEY
MAUREEN MCCARTHY DAUGHTON
THOMAS H. DUFFY
L. THOMAS GIBLIN
MARK G. LAWSON
STEVEN E. MILLER
MARK T MUSTIAN
ROBERT L. NABORS
GEORGE H. NICKERSON, JR.
GREGORY T. STEWART
JOHN R. STOKES
WILLIAM D. TYLER
JEAN E. WILSON
NABORS, GIBLIN & NICKERSON, P. A.
ATTORNEYS AT LAW
6ARNE77 BANK BUILDING, SUITE BOO
315 SOUTH CALHOUN STREET
TALLAHASSEE, FLORIDA 32301
TELEPHONE (904) 224-4070
TELECOPY(904) 224-4073
Marilyn Swichkow
Finance Director
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
Dear Marilyn:
October 7, 1993
THE POINTE, SUITE 1050
2502 ROCKY POINT DRIVE
TAMPA. FLORIDA 33607
(813) 261-2222
TELECOPY(813) 281-0129
SIGNATURE PLAZA, SUITE 1060
201 SOUTH ORANGE AVENUE
ORLANDO. FLORIDA 32601
(407) 426-7595
TELECOPY(407) 426-8022
This letter sets forth the terms of the engagement of Nabors,
Giblin & Nickerson, P.A. (the "Firm") to serve as bond counsel to
the City of Sebastian, Florida (the "City") for the proposed
issuance of its water and sewer revenue bonds (the "bonds") being
issued to purchase the GDU Sebastian Highlands Utility System.
The scope of services which the Firm will provide and the
basis upon which fees are charged therefor are as follows:
1. SCOPE OF SERVICES FOR LEGAL SERVICES AS BOND COUNSEL
a. Consultation with City officials and staff
concerning all legal questions relating to the
incurrence of debt;
b. Attendance, upon request, at any meeting of the City
Council or any meeting of staff;
C. Preparation of all resolutions and other instruments
authorizing and securing bonds required in
connection with their issuance;
d. Assistance to the City and its investment bankers
in formulating financing plans and drafting
disclosure documents for public offering of bonds
and notes;
e. Analysis and resolution of tax problems associated
with financing plans, including preparation of
ruling requests and contacts with the U.S. Treasury;
Marilyn Swichkow
October 7, 1993
Page 2
f. Preparation and review of all documentation required
for bond sales and closings, including resolutions,
certificates, opinions, etc.;
g. Supervision of the printing of the bonds and conduct
of the preclosing and the closing in connection with
such bond issue; and
h. Delivery of an opinion at closing that interest on
the bonds is exempt from gross income for federal
income tax purposes.
2. LEGAL FEES
For services in connection with the issuance of bonds or notes
as outlined in Section 1 above the Firm's fee will be $25,000, plus
out-of-pocket expenses incurred. Out-of-pocket expenses will
include, but not be limited to, photocopies at $.20 per page,
overnight mail and courier expenses, long distance telephone costs
and other necessary expenses. Such costs will be billed at the
actual cost to the Firm with no mark-up or multiplier. Travel
reimbursement requests will be submitted in accordance with the
provisions of Section 112.061, Florida Statutes.
All fees for services in connection with the issuance of bonds
as outlined in Section 1 above are contingent upon the successful
closing of the issue. Please indicate the City's acceptance of the
provisions of this engagement letter by having the Mayor date and
sign this letter in the places indicated below and return one copy
of the executed acceptance to me for our file.
We look forward to working with the City on this transaction.
If you have any questions, please call me. I
s
ABOR BLIN & NICKERSON, P.A.
Mark T. Mustian, Shareholder
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Marilyn Swichkow
October 7, 1993
Page 3
The terms and
of Nabors, Giblin
hereby accepted.
ATTEST:
City Clerk
conditions of the foregoing engagement letter
& Nickerson, P.A., dated October 7, 1993, are
CITY OF SEBASTIAN, FLORIDA
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