96-22142 RESO
RESOLUTION NO.
96-22142
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA WAIVING ANY CONFLICT
OF INTEREST OF THOMSON MURARO
RAZOOK & HART, P.A. IN CONNECTION
WITH ITS ENGAGEMENT PERTAINING TO
ITS REVIEW OF POTENTIAL CLAIMS BY
THE CITY OF MIAMI BEACH AGAINST ABE
RESNICK AND/OR JAMES RESNICK AND/OR
OTHER PARTIES IN CONNECTION WITH
IRAMCO INC.'S COMMISSION ON THE
CITY'S PURCHASE OF THE SANDS-NEW
YORKER PROPERTY.
WHEREAS, the lawfirm of Thomson Muraro Razook & Hart, P.A. has been retained
to review the relative merits of potential claims by the City of Miami Beach against Abe Resnick
and/or James Resnick and/or any other party in connection with a $187,500 payment made to
J & L Beach Realty by Iramco Inc. in connection with the City of Miami Beach's purchase of the
Sands-New Yorker property in January 1994; and
WHEREAS, the Thomson lawfirm presently represents a multitude of clients some of
whom may now or in the future have interests directly adverse to that of the City of Miami Beach
(albeit unrelated to the Iramco matter); and
WHEREAS, the Thomson lawfirm reasonably believes that its potential representation of
clients with interests adverse to the City will not adversely affect the Thomson firm's responsibility
to, representation of, and relationship with the City of Miami Beach; and
WHEREAS, the Rules of Professional Conduct regulating the Florida Bar allow a lawyer
to represent clients with adverse interests when the clients consent thereto; and
WHEREAS, waiver of a conflict of interest for Thomson Muraro Razook & Hart, P .A. is
believed to be in the best interests of the City of Miami Beach in order that the Thomson firm may
investigate, evaluate and report on the relative merits of potential claims the City of Miami Beach
may have against Abe Resnick and/or James Resnick and/or any other parties in connection with the
City's purchase of the Sands-New Yorker property provided that such waiver would not apply to
matters involving this engagement or to information gained by said firm concerning the City as a
result of this engagement and the Thomson firm's and the Thomson firm's responsibilities of loyalty
and confidentiality to the City of Miami Beach shall remain uncompromised.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that it waives any conflict of
interest which Thomson Muraro Razook & Hart, P.A. may have arising out of its service as counsel
to the City of Miami Beach in connection with its evaluation of potential claims against Abe Resnick
and/or James Resnick and/or any other party concerning the City of Miami Beach's purchase of the
Sands-New Yorker property, which conflict of interest may exist now or in the future as a result
of the Thomson firm's representation of clients with interests adverse to the City of Miami Beach,
provided, however, that such waiver shall not apply to matters involving the instant engagement or
to information gained by said firm concerning the City as a result of this engagement.
PASSED and ADOPTED this 25th day of September
,1996.
ATTEST:
FORM APPRO\;; ~
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CITY CLERK
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DURBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. S59-~1o
DATE: SEPTEMBER 25, 1996
TO: MAYOR SEYMOUR GELBER, .
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCI P ROSA
FROM: MURRAY H. DUBBIN A AA
CITY ATTORNEY / VVI
SUBJECT: WAIVER OF CONFLICT OF INTEREST OF THOMSON MURARO
RAZOOK & HART, P.A.
The attached Resolution has been prepared providing for the waiver of conflict of interest
for the lawfirm of Thomson Muraro Razook & Hart, P .A., which firm has been retained by the City
to review potential claims the City may have against Abe Resnick and/or James Resnick and/or other
parties in connection with a $187,500 payment made to J & L Beach Realty by Iramco Inc. in
connection with the City's purchase of the Sands-New Yorker property in January 1994; although
there is no pending matter in which the Thomson firm is representing an interest adverse to the City
the waiver is requested because of the potential for a future situation where said firm may reprersent
a party with adverse interests.
The Rules of Professional Conduct regulating the Florida Bar allows lawyers to represent
clients with adverse interests when the clients consent to such simultaneous representation.
Accordingly, the attached Resolution has been drafted to express the City's consent and waiver of
any conflict of interest chargable to the Thomson lawfirm except of course for matters involving
the instant engagement or to information gained by said firm regarding the City as a result of this
engagement in which cases the waiver does not apply.
Date
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Agenda Item
1700 Convention Center Drive - Fou~:tloor -- Miami Beach, Florida 33139