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HomeMy WebLinkAboutR-10-0562City of Miami Legislation Resolution: R-10-0562 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01401 Final Action Date:12/16/2010 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT OF INTEREST STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. MAY HAVE, IF ANY, TO ENABLE IT TO REPRESENT GARSH INVESTMENTS LLP, IN A FORECLOSURE MATTER INVOLVING MANUEL GARCIA. WHEREAS, Manuel Garcia provided a mortgage to Garsh Investments LLP, on a property located outside the City of Miami ("City"), which Garsh Investments LLP wishes to foreclose.; and WHEREAS, the City has a Code Enforcement lien against another property, which is presumed to also be owned by the same Manuel Garcia; and WHEREAS, the City's Code Enforcement lien attaches against the property owned by Manuel Garcia that Garsh Investments LLP wishes to foreclose upon; and WHEREAS, the law firm of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., wishes to represent Garsh Investments LLP, in that foreclosure matter; and WHEREAS, the law firm of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., currently represent the City of Miami in the matter of Jorge L. Fernandez vs. City of Miami, Miami -Dade County Circuit Court, Case No.: 08-17486 CA 13; and WHEREAS, to the extent that the security of the City's Code Enforcement lien is impaired by the foreclosure action brought by Garsh Investments LLP against Manuel Garcia there exists a conflict of interest between the positions of the City of Miami and Garsh Investments LLP, in the Manuel Garcia foreclosure action; and WHEREAS, the City Commission has been advised of the conflict of interest; and WHEREAS, the City Commission agrees to waive any conflict of interest that may occur due to the law firm of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., representing Garsh Investments LLP, in the Manuel Garcia foreclosure matter; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Any conflict of interest that may occur due to the law firm of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., representing Garsh Investments LLP, in a foreclosure matter involving Manuel Garcia, is hereby waived. City of Miami Page 1 of 2 File Id: 10-01401 (Version: 1) Printed On: 8/17/2017 File Number: 10-01401 Enactment Number: R-10-0562 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 10-01401 (Version: 1) Printed On: 8/17/2017