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HomeMy WebLinkAbout1993 11 23 - Consent to Potential COIGeneral Developmenl'"hhes. lnc. r SM/ I;iIY � r -�U } . AN ATLANTIC GULF COMMUNITY CORPORATION SUBSIDIARY 2601 SOUTH BAYSHORE DRIVE MIAMI. FL 33133-5461 (305)859-4331 Mr. Bruce L. Beal Senior Counsel Engineering -Science, Inc. 100 West Walnut Street Pasadena, California 91124 Re: Consent to Potential Conflict of Interest Dear Mr. Beal: Charles E. Fancher, Jr. PRESIDENT November 23, 1993 Attached is the original letter (dated Nov. 1, 1993) on the above subject executed by both the City of Sebastian and General Development Utilities. Very truly Charles E. Fancher, Jr. CEF:gi Attachment cc: M. Langley, Esq. (w/attach.) T. Jones C. Nash, Esq. K. O'Halloran-' R. Votapka (w/attach.) ,.1 ENGINEERING -SCIENCE, INC. 100 West Walnut Street • Pasadena. California 91124 • (818) 440.6000 • Fax: (818) 440-6195 November 1, 1993 Mr. Charles Fancher Mr. Richard Votapka 2601 S. Bayshore Drive Utilities Director Miami, FL 33133 1225 Main Street General Development Utilities Sebastian, FL 32958 City of Sebastian Subject: Consent to Potential Conflict of Interest Dear Messrs. Fancher and Votapka: Engineering -Science, Inc. ("ES") has performed pursuant to an agreement with General Development Utilities ("GDU") an environmental assessment relating to certain assets ("Assets") which may be the subject inter alia of a pending transaction between GDU and City of Sebastian ("Sebastian"). Sebastian has requested that ES perform environmental services which also relate to the Assets. Prior to performing such services ES will need (1) to advise GDU and Sebastian that there is a potential conflict of interest arising from the fact that the Assets are the subject of a pending transaction between GDU and Sebastian. As the interests of GDU and Sebastian differ in this transaction, ES will, by performing services regarding the Assets for both GDU and Sebastian, be placed in a potential conflict of interest, and depending upon how GDU and Sebastian pursue their respective interests, could place ES into an actual conflict of interest, and (2) to obtain the informed consent of GDU and Sebastian to ES' provision of services to both GDU and Sebastian pertaining to the Assets. GDU and Sebastian by their authorized signatures hereof hereby acknowledge that (1) they are sufficiently advised of the potential conflict of interest to the extent of seeking their respective legal counsel's advice, if deemed necessary, (2) they both fully consent to FS' performance of services to Sebastian pertaining to the Assets, (3) ES may freely utilize any and all information it has gained pertaining to the Assets without regard to whether it was gained while performing services to GDU or Sebastian in performing its services to GDU or Sebastian pertaining to the Assets. ES shall not be in violation of any confidentiality or other provision of either its agreements -� PARSONS r. November 1, 1993 Page 2 .-. with GDU or Sebastian or otherwise, because of its use of information pertaining to the Assets, so long as ES does not further publish such information beyond GDU and/or Sebastian in violation of any such confidentiality provision. ACKNOWLEDGED AND AGREED: ACKNOWLEDGED AND AGREED: CITY OF SEBASTIAN INTERIM CITY MANAGER /$incerely, Bruce L. Beal Senior Counsel BLB:mrw CBe M cc: E.A. Bernstein J. Butner