Legal Service - 2013 - MSBT waiver of Conflict of Interest for Superparks - 7/9/2013 MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W.BANNOCK STREET,SUITE 520;BOISE,ID 83702
TELEPHONE:(208)331-1800 FAX: (208)331-1202 www.msbtlaw.com
STEPHANIE J.BONNEY., JOHN J.MCFADDEN Of Counsel
SUSAN E.BUXTON* MICHAEL C.MOOREI Of Counsel
PAUL J.FITZER
JILL S.HOLINKA *Also admitted in Oregon
CHERESE D.MCLAIN o Also admitted in South Dakota
BRUCE M.SMITH m Also admitted in Utah
PAUL A.TURCKE> s Also admitted in Washington
July 9, 2013
ACKNOWLEDGMENT,CONSENT AND WAIVER OF CONFLICT OF INTEREST
As has been publically declared, the law firm of Moore Smith Buxton & Turcke,
Chartered (the "Attorneys") is the Attorney for the City of Eagle, Idaho ("City") and is the
Attorney for Eagle Superparks, LLC ("Superparks"), collectively referred to herein as "the
Clients." City and Superparks are engaged in negotiations relating to a concession contract for
the design, construction and management of snow, skateboard, mountain bike, and water features
at the Eagle Sports Complex Sports Facilities, leased by City. The Parties desire to have
Attorneys represent their interests in negotiating a contract for such purposes, and wish to waive
any and all conflicts of interest that exist or may arise with regard to such default.
Based on the foregoing, and after analysis of applicable Idaho Rules of Professional
Conduct, consultation with the Parties, Attorneys have determined they may continue to
represent Superparks because Susan L. Mimura is representing the City in these contract
negotiations.
Specifically, for this discrete matter, under Idaho Rule of Professional Conduct 1.7(b): (a)
Attorneys reasonably believe they will be able to diligently represent the Parties and provide
competent and diligent representation to each affected client; (b) the proposed representation is
not prohibited by law; (c) the representation as proposed will not involve Attorney's assertion of
claim(s) by one client against another represented by Attorneys in the applicable matter; (d) each
affected client was provided notice of the conflict by Attorneys; and (e) each client is separately
represented by counsel for this discreet matter.
Eagle, by and through the approving vote of the City Council, authorizes the Mayor to
sign this Acknowledgement, Consent and Waiver of Conflict of Interest.
.�I,/“/ 4013
ACKNOWLEDGMENT,CONSENT AND WAIVER OF CONFLICT OF INTEREST-Page 1
Superparks has authorized its manager, Ryan Neptune, to sign this Acknowledgement,
Consent and Waiver of Conflict of Interest.
Dated this Or-day of July, 2013. Dated this 7 day of July, 2013.
CITY OF EAGLE, IDAHO, EAGLE SUPERPARKS, LLC,
an Idaho municipal corporation an Idaho limited liability company
By:/,/ ,k • • _
fames D. Reynolds, ayor R ."T re, ager
ATTEST:
.•`� O F EA
— 4 •.
By: -� �:ice.w%/� Gl u• �• 0 R •.�
Sharon K. Bergmann, City Cler Treasurer • 0,- ATc^
•�•-,. SEAL‘ m
OR i "(p,j•••e•N.‘;‘0''•
if+'tl444 w'tl itl*,,,,
ACKNOWLEDGMENT,CONSENT AND WAIVER OF CONFLICT OF INTEREST-Page 2