97-22340 RESO
RESOLUTION NO. 97-22340
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA WAIVING ANY CONFLICT
OF INTEREST OF ALEXANDER I. TACHMES
OR ALEXANDER I. TACHMES, P.A. IN
CONNECTION WITH THEIR ENGAGEMENT
PERTAINING TO THE NEGOTIATION AND
DOCUMENTA TION OF THE ROYAL
PALM/SHORECREST HOTEL TRANSACTION,
THE LOEWS TRANSACTION AND OTHER
MA TTERS.
WHEREAS, Alexander 1. Tachmes, Esq, has been retained in connection wil:h the
negotiation and documentation of the Royal Palm/Shorecrest Hotel transaction, further work )n the
Loews transaction and potentially other matters, which he worked on while in the employ of tht: City;
and
WHEREAS, Tachmes may in the future represent clients who may have interests direl tly
adverse to that of the City of Miami Beach (albeit unrelated to the above referenced matters); a ld
WHEREAS, Tachmes reasonably believes that his potential representation of client; '" ith
interests adverse to the City will not adversely affect his responsibility to, representation 0 f, ( nd
relationship with the City of Miami Beach; and
WHEREAS, the Rules of Professional Conduct regulating the Florida Bar allow a law:rer to
represent clients with adverse interests when the clients consent thereto; and
WHEREAS, waiver ofa conflict of interest for Alexander 1. Tachmes is believed to ben 'he
best interests of the City of Miami Beach in order that Tachmes may engage in the negotiation and
documentation of the Royal Palm/Shorecrest transaction, the Loews transaction and other peninlnt
matters provided that such waiver would not apply to matters involving this engagement or to
infonnation gained by Alexander 1. Tachmes concerning the City as a result of this engagement ald
Alexander L Tachmes's responsibilities ofloyalty and confidentiality to the City of Miami Beach sh.11
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 confli~t )f
interest which Alexander I. Tachmes or Alexander I. Tachmes, P.A may have arising out of tht ir
service as counsel to the City of Miami Beach in connection with the negotiation and documentati(ln
of the Royal Palm/Shorecrest Hotel transaction, the Loews transaction and other matters, whi,:h
conflict of interest may exist now or in the future as a result of Alexander I. Tachmes or Alexand~r
I. Tachmes, P.A's representation of clients with interests adverse to the City of Miami B(~ac 1,
provided, however, that such waiver shall not apply to matters involving the instant engagement )r
to information gained by Alexander I. Tachmes or Alexander I. Tachmes, P,A concerning the Ci ~y
as a result of this engagement.
PASSED and ADOPTED this ~ day of
April
, 1997.
R()~y Y<M-~
CITY CLERK
ATTEST:
MHD:1m
F:Attolconflint.res
APPROVED AS TO
FORM & l.ANGUAGE
& FOR EXECunON
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(30::':;) 673-7470
00:::;) 673-7002
COMMISSION MEMORANDUM NO. J 5/- 91 ~~&
DATE: APRIL 2, ..997
TO:
MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PE ROSA
FROM:
MURRAY H. DUBBIN.~ JH
CITY ATTORNEY /{JIf
SUBJECT:
WAIVER OF CONFLICT OF INTEREST OF ALEXANDER I. T ACHME~',
ESQ.
The attached Resolution has been prepared providing for the waiver of conflict of intere~ t
for Alexander I. Tachmes, Esq. and Alexander I. Tachmes, P.A., which have been retained by th,~
City in connection with the negotiation and documentation of the Royal Palm/Shorecrest Hott I
transaction; although there is no pending matter in which Alexander I. Tachmes or Alexand'~r .
Tachmes, P.A. is representing an interest adverse to the City the waiver is requested because ofth~
potential for a future situation where they may represent a party with adverse interests.
The Rules of Professional Conduct regulating the Florida Bar allows lawyers to repre ;er t
clients with adverse interests when the clients consent to such simultaneous representatiOl.
Accordingly, the attached Resolution has been drafted to express the City's consent and waiver c f
any conflict of interest chargeable to Alexander I. Tachmes, Esq. or Alexander I. Tachmes, P.P .
except of course for matters involving the instant engagement or to information gained by;ai 1
lawyer or firm regarding the City as a result of this engagement in which cases the waiver does ll( t
apply.
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f:\atto\taca\resos\conflint. ait
Agenda Item c.1.f'L
Date 4-'2-CtL
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139