HomeMy Public PortalAbout16-9201 Execute a Waiver of Conflict w/Weiss Serota, Et Al Sponsored by: City Attorney
RESOLUTION NO. 16-9201
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY ATTORNEY TO EXECUTE A WAIVER OF CONFLICT
WITH WEISS SEROTA, ET AL., (EXHIBIT "A");
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City has $3,494,000.00 Tax-Exempt Capital Improvement
Revenue and Refunding Note, Series 2015A and $5,106,000.00 Taxable Capital
Improvement Revenue Note, Series 2015B (2015 Notes); and
WHEREAS,Weiss Serota, et al., represents the City as a part of the Red Light
Camera Litigation and City National Bank as the lender on the 3494,000.00 Tax-
Exempt Capital Improvement Revenue and Refunding Note, Series 2015A and
$5,106,000.00 Taxable Capital Improvement Revenue Note, Series 2015B (2015
Notes) ; and
WHEREAS, Weiss Serota, et al., hereby request the waiver of conflict as set
forth in EXHIBIT "A" to review the Notes Series 2015A and 2015B; and
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference;
Section 2. The City Attorney is hereby authorized to execute the waiver of
conflict as set forth in EXHIBIT "A".
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8t" day of Tune, 2016.
Resolution No. 16-9201
yra L. T y,lor
Mayor
Attest to: Approved as to form and legal sufficiency:
C A-01_ 14.(C2, -
Jo. I na Flores Vincent T. Brown, Esq.
City Clerk The Brown Law Group, LLC
City Attorney
Moved by: VICE MAYOR HOLMES
Seconded by: COMMISSIONER KELLEY
Commissioner Vote: 4-0
Commissioner Kelley: YES
Commissioner Santiago: YES
Vice Mayor Holmes: YES
Mayor Taylor: YES
WEISS SEROTA HELFMAN
COLE & BIERMAN
AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW
JEFFREY D. DECARLO
jdecarlo@wsh-law.com
May 6, 2016
Mario Carballo, Esq. Vincent Brown, Esq.
Managing Senior Vice President City Attorney
and Co-General Counsel City of Opa-Locka, Florida
City National Bank of Florida, Suite 711 780 Fisherman St., 4th Floor
25 West Flagler Street Opa-Locka, Florida 33054
Miami, Florida 33130
Re: Borrower: City of Opa-Locka (the"City")
Lender: City National Bank of Florida
Loan: $3,494,000 Tax-Exempt Capital Improvement Revenue and Refunding
Note, Series 2015A and $5,106,000 Taxable Capital Improvement
Revenue Note, Series 2015B ("2015 Notes")
GENTLEMEN:
As you know, we represented the Lender in connection with the $8,500,000 Capital
Improvement Revenue Note, Series 2014 (the "2014 Note") and the refinancing of the 2014 Note
with the proceeds of the 2015 Notes (collectively, the "Loan Transaction"). We have also
represented and continue to represent a group of cities in connection with certain red light camera
litigation cases (the "Red Light Matter"). Subsequent to our engagement by the Lender for the Loan
Transaction, the City desired to join the other cities in the Red Light Matter. Consequently, we were
engaged to represent the City as part of the group of cities in the Red Light Matter. The Loan
Transaction and the Red Light Matter are unrelated matters.
The Lender has requested that we continue to represent it with respect to ongoing discussions
and negotiations with the City concerning the Loan Transaction in light of the City's current
financial difficulties. Such representation may be directly adverse to the interests of the City,
including possible litigation.
Pursuant to our rules of professional conduct, we cannot represent any client if the
representation of that client will be directly adverse to the interests of another client unless each
client, after consultation, consents to such representation. We respectfully request your written
waiver of any potential conflict of interest. Your countersignature of this letter confirms your waiver
of any potential conflict of interest with respect to this firm's representation of the Lender in
connection with the matter described above.
2525 Ponce de Leon Blvd., Suite 700, Coral Gables, FL 33134 1 305-854-0800 I www.wsh-law.com
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If the foregoing is acceptable to you, please execute your copy of this letter where indicated
and return it to us at your earliest convenience.
We appreciate your continued confidence in us and look forward to serving you now and in
the future.
Sincerely,
Weiss Serota Helfman Cole& Bierman, P.L.
40Q(1,/(s,
By:
Jeffrey D. DeCarlo
AGREED AND CONSENTED TO:
City National Bank of Florida, a national City of Opa-Locka, a Florida municipality
banking association
By: By:
Name: Mario Carballo, Esq. Name: Vincent Brown, Esq.
Title: Managing Senior Vice President Title: City Attorney
and Co-General Counsel
WEISS SEROTA HELFMAN
COLE & BIERMAN
AT ENE CROSSROADS OF BUSINESS,GOVERNMENT&THE LAVA