APPROVAL OF SPECIAL COUNSEL FOR CENTRAL AND RENAISSANCE PARKING STRUCTURE ISSUES
The City Council has been updated about the status of the Central and Renaissance Parking Structures over the past few months during the City Manager’s reports. Members of City staff have met with representatives of Cypress Development, LLC/Diversified to determine (1) how to close out the parking structure portion of the projects and (2) how to move forward with the development phase of the project. As presented informally in the June City Manager’s report, Cypress has most recently requested that the City consider and approve a new ownership structure in order for Cypress to attain necessary financing to move forward with the development.
City staff has reviewed this matter and determined that it is most appropriate to appoint outside counsel with expertise in the areas of construction law, contract review, and public/private partnership relationships. The City has identified Dorsey & Whitney as a potential firm to represent the City in this matter. Dorsey & Whitney has and continues to represent the City on bond sales and pension issues. Further, the City Council approved the appointment of Jocelyn Knoll and Sarah Herman of Dorsey & Whitney to represent the City on performance bond issues relating to the parking structures in 2015.
1. It is recommended the City Council approve the appointment of the Dorsey & Whitney attorneys as special counsel for the City of Minot to (1) review any and all parking structures/development project documents and determine the City’s legal position; (2) provide legal assistance/advice on all matters pertaining to the parking structures/development and aid the City in developing legal strategies; and (3) if necessary, take legal action and represent the City in the event these matters go to litigation.
2. Authorize the Mayor to sign any necessary retainer agreement relating to the approval of Dorsey & Whitney as special counsel for the City of Minot.