2000-23880 RESO
RESOLUTION NO. 2000-23880
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA WAIVING
ANY CONFLICT OF INTEREST OF HOLLAND & KNIGHT,
LLP WHO PRESENTLY REPRESENTS THE CITY IN THE
CASE OF MIAMI BEACH v. MENDELSON PENDING IN
THIRD DISTRICT COURT OF APPEAL, CASE NUMBER: 99-
1014 IN CONNECTION WITH ITS PROPOSED
ENGAGEMENT TO REPRESENT AMERICAN RIVIERA
REAL ESTATE COMPANY AND/OR RONALD
BLOOMBERG IN A LAND TRANSACTION RELATIVE TO
PROPERTY LOCATED ON 22ND AND 23RD STREETS IN
MIAMI BEACH; SETTING AN EFFECTIVE DATE
WHEREAS, the lawfirm of Holland & Knight, LLP has been hereinbefore retained and
presently represents the City of Miami Beach in an Appeal to the Third District Court of Appeal in
that case styled City of Miami Beach, Appellant v. David Mendelson, Appellee, (Case Number: 99-
1014); and
WHEREAS, Holland & Knight, LLP has been requested to represent American Riviera Real
Estate Company and/or Ronald Bloomberg in a transaction with the City involving the Sale and
Purchase of real property development agreements and related matters, and
WHEREAS, Holland & Knight, LLP, reasonably believes that its representation of said
clients whose interests are adverse to the City will not adversely affect said firm's responsibility to,
representation of, and relationship with the City of Miami Beach in the appellate matter; and
WHEREAS, the Mayor and members of the Commission reasonably believe that for
Holland & Knight, LLP to represent said clients in a transaction unrelated to its representation of the
City will not adversely affect its performance of services to the City and that a waiver of conflict of
interest is not adverse to the best interests of 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.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
SECTION ONE.
The City waives any conflict of interest which Holland & Knight, LLP may have arising out
of its service as counsel to American Riviera Real Estate Company and/or Ron Bloomberg in a
transaction involving the Sale and Purchase of Real Property and Development Agreement on land
located at 22nd and 23rd Street on Miami Beach and related matters, provided, however, that this
waiver shall only relate to the transaction specifically described herein, and provided further that
such waiver shall not apply to knowledge gained by said firm, if any, arising out of its present
representation of the City.
SECTION TWO.
This Resolution shall take effect immediately upon adoption.
PASSED and ADOPTED this 12th day of
April ,2000.
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MAYOR
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APPROVED AS TO
FORM & LANGUAGE
. FOR EXECUTION
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OFFICE OF THE CITY ATTORNEY
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MURRA Y H. DUBBIN
City Attorney
(305) 673-7470
(305) 673-7002
Mayor Neisen Kasdin and
Members of the City Commission
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~urray H. DUbb1ll4... Ii i /y./vv
City Attorney l/~ I, V
Date: April 11, 2000
Date: April 12,2000
To:
From:
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA WAIVING ANY CONFLICT OF
INTEREST OF HOLLAND & KNIGHT, LLP WHO PRESENTL Y
REPRESENTS THE CITY IN THE CASE OF MIAMI BEACH v.
MENDELSON PENDING IN THIRD DISTRICT COURT OF APPEAL, CASE
NUMBER: 99-1014 IN CONNECTION WITH ITS PROPOSED
ENGAGEMENT TO REPRESENT AMERICAN RIVIERA REAL EST ATE
COMPANY AND/OR RONALD BLOOMBERG IN A LAND TRANSACTION
RELATIVE TO PROPERTY LOCATED ON 22ND AND 23RD STREETS IN
MIAMI BEACH; SETTING AN EFFECTIVE DATE
I am transmitting the attached Resolution for the April 12, 2000 agenda.
F: \atto \$all\laila \commiss2.mem
Agenda Item (L. --, cr
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1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139