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Minutes - 02.25.2020 - Special MeetingCity of Clermont MINUTES SPECIAL COUNCIL MEETING FEBRUARY 25, 2020 The City Council met in a special meeting on Tuesday, February 25, 2020 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6:00pm with the following Council Members present: Council Members Brishke, Travis, Bates, and Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. NEW BUSINESS Item No. 1— Closed Litigation Sessions Mayor Ash stated that the closed session was to be in regards to pending litigation between the City and Steven Sprinkles. The meeting was being called in response to a request from the City Attorney. Those present in the session will be the City Council, the City Manager, the City Attorney and the City's Litigation Counsel. A court reporter will be present in the closed session and a transcript will be made available after conclusion of the litigation. The meeting will last approximately thirty (30) minutes, and the regular meeting of the City Council shall take place thereafter. Mayor Ash, with the consent of the Council, took the meeting into closed session. Upon returning from closed session, Mayor Ash, with the consent of the Council, adjourned the special meeting of the City Council. City of Clermont MINUTES SPECIAL COUNCIL MEETING FEBRUARY 25, 2020 ADJOURN: With no further comments, this meeting adjourned at 6:34 pm. APPROVED: Gail L. Ash, Mayor ATTEST: jae�ev(- Tracy Ackroyd Howe, City Clerk 1 2 3 4 5 6 7 N 9 10 11 12 13 14 15 N 17 18 19 20 21 22 23 24 25 Page 1 IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA CASE NO.: 2017-CA-937 STEPHEN E. SPRINKLES, Plaintiff, Vs. CITY OF CLERMONT, MANZELLA BUILDERS AND REMODELING, INC., JIMMIE HARNED, TROY TAYLOR, ALLAFAYE TAYLOR, JUDE MEUS, MARIE GERALDE MEUS, and BETTY ANNE BEVERLY, Defendants. *************************************************** CLOSED LITIGATION SESSION DATE TAKEN: Tuesday, February 25, 2020 TIME: 6:04 p.m. - 6:33 p.m. PLACE: Clermont City Hall Planning Conference Room 685 West Montrose Street Clermont, Florida 34711 REPORTED BY: 800.275.7991 SARAH J. EKERN, FPR Court Reporter and Notary Public Orange Legal A Veritext Company www.veritext.com 1 2 3 4 5 6 7 8 a 10 11 � 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 A P P E A R A N C E S: DANIEL F. MANTZARIS, ESQUIRE JOHN CONNER, ESQUIRE OF: DSK Law 332 North Magnolia Avenue Orlando, Florida 32801 (407) 422-2454 APPEARING ON BEHALF OF THE DEFENDANT CITY OF CLERMONT ALSO PRES E N T: Tim Bates, Council Member; Gail Ash, Mayor; Diane Travis, Council Member; Heidi Brishke, Council Member; Jim Purvis, Council Member; Darren Gray, City Manager 800.275.7991 Orange Legal www.veritext.com A Veritext Company 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 P R O C E E D I N G S ********** MR. MANTZARIS: Okay. As you -- well, most of you -- Mr. Purvis, I don't think you've ever sat through a closed session before. MR. PURVIS: No. MR. MANTZARIS: This is one of the few times that the City Council gets to meet in private. It's for the sole purpose of discussing potential settlement and litigation expense related to an ongoing matter. This is John Conner. He's the City's -- he's a partner with Dean Ringers. They are the City's assigned insurance -- for the insurance carrier. They're defending the City in the matter of Stephen Sprinkles versus the City of Clermont. This is the court reporter, of course, Sarah. She is going to get everybody -- what everybody says down on the record. The way this works under the law is that once the litigation is over, this transcript from today's meeting will be available for public dissemination, review, if the public wants to see -- MR. PURVIS: But not until after the case is settled? 800.275.7991 Orange Legal A Veritext Company www.veritext.com 1 2 3 4 5 6 7 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 MR. MANTZARIS: That's correct, not until after litigation is over. So that's why I want to make sure we have a good record, please. John is going to talk to you a little bit about where we are. One of the reasons why we wanted to have this closed litigation session is because we do -- there is an offer on the table. We wanted to make sure you're aware of that. Plus we know there's been a lot of discussion that's been going on in the community regarding some of the matter, some of the facts, some of the -- maybe the issues involved. And we wanted to make sure you clearly understood where they were. So with that I'll turn it over to John. And then, of course, he'll give you a little update on where we are and what the offer -- the pending offer is on the table, which we can talk about. And then you can ask questions. MR. CONNER: Okay. Great. Yes? MR. GRAY: Do you want us to introduce ourselves so she has it? Would that help? MR. MANTZARIS: Yeah. I'm sorry. MR. GRAY: I'm Darren Gray. I'm the City manager. MS. BRISHKE: Heidi Brishke. 800.275.7991 Orange Legal A Veritext Company www.veritext.com Page 5 1 MR. BATES: Time Bates. 2 MS. ASH: Gail Ash, Mayor. 3 MR. PURVIS: Jim Purvis. 4 MS. TRAVIS: Diane Travis. 5 MR. CONNER: All right. Thanks. Well, I'll 6 tell you -- why don't we start with me kind of 7 walking through the history of the case. And if 8 you've got a question, just go ahead and shout it 9 out. I think it's easiest that way. 10 But so using the whiteboard over here, 11 you -all, of course, I'm sure know West Lake, part 12 of the Victory Pointe project. 13 MR. GRAY: Victory Pointe. 14 MR. CONNER: Right. And Minneola Avenue. So 15 what has been controlling the legal -- am I -- 16 MR. MANTZARIS: You're good, John. 17 MR. CONNER: The legal instrument that's been 18 controlling of the sale of the property in this 19 portion of downtown since 1926 is a plat that was 20 first recorded back in Sumter County before the 21 split. Now it's recorded here in Lake County. We 22 call it the 1926 plat, just for ease of reference 23 today. Okay? 24 A plat is nothing more than a large survey. 25 You have a piece of property. You have surveyors 800.275.7991 Orange Legal www.veritext.com A Veritext Company 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 come out, and you get a boundary survey. That's all a plat is, is just many, many parcels of property. And then when you record it on the public record, on the official record, it makes it much easier to buy and sell land. No longer do you have to have a surveyor come out and monument it and have a legal description with metes and bounds and all of this. Instead you can just refer to the plat of downtown Clermont recorded in 1926. I want to say this was in Plat Book 8, Page 26, I think. So now with a plat like this the way you make it easy to buy and sell property is by identifying property clearly. Okay? So this is only a small portion of the plat because we're going to talk in detail about it. But if you were to zoom back in the plat, what you would see is all of the lots. And they're in groups, clusters. They're like city blocks. They're literally called blocks. This is Block 95 we're dealing with. And what I've tried to do is replicate Lot 7. The one at issue is right here. That's the Sprinkles' property. So Sprinkles buys this property like everybody else for the last century does. He buys 800.275.7991 Orange Legal www.veritext.com A Veritext Company 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 OM 20 21 22 23 24 25 Page 7 it based on the plat. What the plat says is he is buying Lot 7 of Block 95 of the 1926 plat. And the plat identifies the property with these lines. These lines all have laths on them to allow surveyors to go out and verify these things. But this is what the lot says -- what the plat says the lot is. There's a line here -- well, technically what happens is this is all one lot, the whole block. But the deed cuts it in half. So the deed talks about the north half of Block 7. So a line in the middle. And you see there's east and west boundary lines. These are on the plat. The north boundary line is the southern edge of the Minneola right-of-way on the plat. This is what the plat tells us. The plat also has a curved edge of this line going along the bounds of West Lake. This is what the plat has always said. Every surveyor who has looked at this deed says this is what they bought, from the right-of-way line of Minneola Avenue down 150 feet on this side and down some corresponding amount on this side. Here, surveyors actually have to get out there and estimate these things. Okay? But what you should be hearing is that for 800.275.7991 Orange Legal www.veritext.com A Veritext Company Page 8 1 the last century plus this piece of property has 2 been bought and sold based on the 1926 plat. All 3 of these properties have been bought and sold that 4 way. 5 What happened in our case, a few years before 6 we get sued Mr. Sprinkles goes and buys this 7 property from Manzella Builders. Manzella Builders 8 doesn't sell -- let me be a little more clear. 9 Yes, the deed refers to the plat. 10 But Manzella Builders in my opinion got a 11 little tricky. They went out and got their own 12 survey. Didn't need to. They had the plat. But 13 they had their own survey drawn. And for the first 14 time ever this survey showed the lot lines 15 extending north into this hashed area, north into 16 what is marked as the lake on the plat. 17 Manzella Builders drew the lot line all the 18 way up to the right-of-way and then squared it off, 19 effectively adding all of this area that was never 20 bought by any of the preceding owners. That's how 21 we get in this mess. Sprinkles buys the property 22 not realizing in my opinion he's been had a little 23 bit. 24 MS. TRAVIS: Without title insurance? 25 MR. CONNER: Can we get to that now? 800.275.7991 Orange Legal www.veritext.com A Veritext Company 1 2 3 4 5 5-v 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 MR. MANTZARIS: Sure. MR. CONNER: We don't know right now the extent of the title insurance coverage. That's something -- he's not a sophisticated investor. I want to talk to him about that in his deposition. It's been canceled a couple of times. But it's going to be, I want to say, in the next 60 days. Have I given you a date on that? MR. MANTZARIS: No, you haven't. But he did -- as I recall, they did tell us early on that they had title insurance when they bought the property. MS. TRAVIS: So the title insurance company is responsible for this mess, not us. MR. MANTZARIS: As it relates to Mr. Sprinkles. MS. TRAVIS: Correct. MR. CONNER: Right. On the back end -- MS. TRAVIS: Right. MR. CONNER: -- if he loses. MS. TRAVIS: Right. MR. PURVIS: And Boyette and Cummins was the title company? MR. MANTZARIS: That is correct. MR. CONNER: Yes. 800.275.7991 Orange Legal A Veritext Company www.veritext.com Page 10 1 MR. MANTZARIS: They handled the closing. 2 They were the closing -- 3 MR. PURVIS: The neighborhood speaks very 4 highly of the whole situation on Nextdoor Neighbor. 5 MR. CONNER: So before they sue us he goes 6 around to try to quiet title with all of his 7 neighbors because what's going to happen and what 8 has happened is a dispute between surveyors about 9 what he's really bought. He wants to make clear -- 10 MR. BATES: Are you talking about Sprinkles? 11 MR. CONNER: Sprinkles, right. Sprinkles has 12 an access problem. Okay? Sprinkles' access was 13 apparently in this area. And we all know this area 14 is literally gone. That area is gone. So he's got 15 an access problem. 16 I can't tell you the ins and outs of all of 17 his quiet title attempts, but he's essentially 18 trying to get in front of all of these other folks 19 who could claim ownership. Because this lot just 20 below Sprinkles, of course, its deed reads that 21 it's the southern 150 feet of Lot 7. 22 So there is a natural conflict between 23 Sprinkles and the southern homes. We're not part 24 of any of that. We're not part of any of that. 25 Let me try catch you up on where we are 800.275.7991 Orange Legal www.veritext.com A Veritext Company 1 2 3 4 II 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 legal -theory -wise. is that right? MR. MANTZARIS: Page 11 I think we have a total of 630; Yes. MR. CONNER: There's a lot going on here. So I want to try to get it all out because I know you're going to have questions. But if anything pops in your head, please feel free to ask while we go. MR. GRAY: And, John, real quick if I could tell them -- MR. CONNER: Sure. MR. GRAY: The area where the hashed is, is Victory Pointe now, just to let you all know. MR. CONNER: Yes. MR. GRAY: Victory Pointe is West Lake, and you know it goes under Minneola Avenue. And that corner is part of Victory Pointe now. So that's -- when he says they've lost access, because Victory Pointe is there. MS. TRAVIS: There's a little space there, isn't there? Right here? MR. CONNER: There is a little bit, but it's not suitable for access. And the roadway is a problem as well. And this curved line, which is the southern edge of what was once West Lake, this 800.275.7991 Orange Legal A Veritext Company www.veritext.com 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 is now all sheet piles, 20, 30 feet tall. So there's a huge elevation to this as well. So the litigation story involving us starts out in my opinion slightly unsophisticated. There are tort claims; in other words, they're saying that we were negligent in doing this project, that we trespassed. These are claims that don't scare me because this is, obviously, not an accident. There were votes taken. This is an official act. This is a planning level decision. The law says we're not supposed to be liable for that. We brought that to the judge last year. I think it was a little much for him. He was retiring. It was a three-hour hearing. About an hour into it I looked up, and I could see that I had lost him. It took us like four months to get an order, something like that. And the order came back just denied. It was clearly not well thought out. It was just too much, I think. We've got a new judge now. Haven't been in front of him yet, but there was a realignment at the beginning of the new year. So we intend to be back. They have since improved their claims. 800.275.7991 Orange Legal A Veritext Company www.veritext.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 There's a new claim called inverse condemnation; in other words, they brought a new claim called inverse condemnation. Inverse condemnation is an old, old common law claim. Essentially, what they're claiming is that we exercised the power of eminent domain improperly. Instead of going in to condemn the property and paying just compensation, their claim is we just took it. There's a lot of talk about who owns the area marked as West Lake. In the beginning all of the indications the City had were that the City owned West Lake. The tax roll said that. The property appraiser said that. They went and got a title from them for the fund, and they said it was City property. So it's not like walking into this the City had any warning signs that there was an issue here. Okay? This is -- things do come up. But this -- there was no red flags here. Nothing at all. So the claim with inverse condemnation is, like I said, we've taken the property. If they can convince the Court of that, we've got to pay just compensation plus all their attorney's fees. That's a big claim. The issue of ownership, though, is central here. Since we've done the discovery, we've had 800.275.7991 Orange Legal A Veritext Company www.veritext.com I Page 14 1 depositions, we went up to Tallahassee to the 2 entity that owns State property and sat them down. 3 And they say in no uncertain terms the State never 4 owned West Lake. 5 That matters to us because the only way for 6 the City to own West Lake would be if the State had 7 owned it and gave it to the City. The State owns 8 navigable water bodies, large lakes, any lake 9 that's connected to another. There's just not 10 significant evidence to make Tallahassee believe 11 this was one day -- well, at the day of statehood 12 in 1845 this was not navigable. There's no 13 evidence that it was navigable. Therefore, the 14 State says the State never owned it; therefore, the 15 State could not have transferred it to the City. 16 So it seems clear the City doesn't own this 17 hashed area. There are some trial judges for whom 18 that would be an enough to sink us -- that's 19 true -- even with the flimsiest of claims from a 20 property owner. So there is a chance that this is 21 a case that we'll essentially have to win in 22 Daytona. 23 In other words, my impression is that some 24 circuit court judges especially those who end up 25 putting out signs for re-election are at some level 800.275.7991 Orange Legal www.veritext.com A Veritext Company Page 15 1 a political animal. So in those circumstances -- 2 those are the circumstances that can lead to a 3 victory even though I think we have the manifest 4 weight of the evidence on our side. 5 So I want you to hear this. We are not going 6 to be able to prove -- as things stand now, we're 7 not going to be able to prove we own that disputed 8 area. 9 The other thing I hope you're hearing is they 10 can't prove they own this disputed area. Every 11 surveyor who has looked at their deed makes clear 12 they bought the area I initially described below 13 the lake edge. Some surveyors will contort 14 themselves into odd interpretations, but none of 15 them can ever get up into this disputed area. 16 The only -- the interpretations that conflict 17 with each other would put Sprinkles adverse to his 18 southern neighbors. So, no, it does not appear 19 based on what we know now the City owns the 20 disputed property. But I also do not believe the 21 plaintiff can ever show they bought the disputed 22 property. 23 In circumstances like this there's a few ways 24 landowners can win their case. One of them 25 requires a colorable claim of title, something 800.275.7991 Orange Legal A Veritext Company www.veritext.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 recorded in the official records for more than 30 years. We're not even close to that. MS. TRAVIS: When did they buy it? MR. CONNER: 112, 2012. At least that's the date of the survey. The closing date might be a year or so off. MS. TRAVIS: Did we already have our master plan then? MR. GRAY: No. The master plan was adopted in 2015. And we started designing this in -- MS. TRAVIS: 114. MR. GRAY: Well, the official adoption was '15. MS. TRAVIS: Official. MR. GRAY: We started it in 114. MS. TRAVIS: Okay. MR. GRAY: And then we started designing Victory Pointe in 2016. MS. TRAVIS: Okay. And they bought it in '12. MR. BATES: And they were paying taxes on that whole property the whole time? MR. CONNER: No. The tax roll shows no taxes were ever paid on that disputed property. There has not been any taxes paid on that hashed area. 800.275.7991 Orange Legal A Veritext Company www.veritext.com Page 17 1 That was marked as lake. Well, it's on the tax 2 rolls but with a zero millage rate. So no taxes 3 were ever paid. And we, the City, was marked as 4 the owner. 5 MR. BATES: Okay. 6 MR. CONNER: So nobody paid taxes on this 7 area. Their best guess on a legal theory of 8 ownership is something called reliction. It's the 9 idea that if you buy a house on a lake and slowly 10 and perceptibly over time the lake dries up, that 11 added land should be yours. Okay? But this 12 requires a natural process. 13 And the case law literally says it has to be 14 slow and imperceptible over time. Well, we know 15 that when this plat was recorded, there was no 16 natural process going on because look at the map. 17 There's a road going through a lake, a service road 18 going through a lake. 19 So this is clearly not a natural process. We 20 have a photograph taken downtown from a hot air 21 balloon that shows in the early 1920s the road 22 literally on the dried lake bed. So this is -- 23 there's nothing natural about this. 24 On top of that the only way for that legal 25 theory to work would be if there was water down on 800.275.7991 Orange Legal www.veritext.com A Veritext Company Page 18 1 this -- on the curb line here at some point and it 2 slowly went away. 3 Sprinkles must have paid a lot of money to a 4 surveyor by the name of Kimberly Buchheit. She 5 publishes books. She's very articulate, knows her 6 stuff. And she was the mouthpiece for this theory 7 that slowly over time the water just went away. 8 So I sat down for the better part of a day 9 with a variety of topographic maps including FEMA 10 maps and was able to -- over a period of hours to 11 slowly back their expert into a corner by using 12 these elevation maps and a few other techniques to 13 where she had to agree that no water ever could 14 have been in this area of West Lake. The 15 topography doesn't allow for it. 16 So maybe you think to yourself, well, how did 17 this plat even get drawn? Well, back when Florida 18 became a state, the feds send out surveyors. And 19 that's rough work. It's hot work. It's a couple 20 hundred years ago. It's not fun. 21 So they were maybe a little quick sometimes. 22 Even our surveyor isn't quite sure if there was a 23 West Lake; and, if so, what was there? Was it a 24 lake bed? Was it an actual water body? The survey 25 just isn't detailed enough. 800.275.7991 Orange Legal www.veritext.com A Veritext Company 2 3 4 5 6 ri 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 These days they're much more sophisticated with their nomenclature on surveys, and they've got a key on the side that has all of these different symbols. And if this had been drawn in modern times, we probably would know what the actual geographic features were. At least we'd have a much better shot. Now we have absolutely no way of knowing what the actual feature was. But, like I say, their expert agrees water never could have been here. So by the end of the deposition she was saying, yes, the theory of reliction -- their only theory -- can't work. It's not possible. That's when we went to the judge the first time and tried to get the case thrown out. It was too -- MS. ASH: Complicated. MR. CONNER: I think it was. Right. And it was a Monday morning, and the judge wanted the hearing on Monday morning from 9:00 to noon. And I just thought to myself this is -- how do you educate somebody with something as complex as this? So I know we're short on time. But that was, I think, as brief as I could spit this out. MR. MANTZARIS: And that's good. So let's have a couple questions. 800.275.7991 Orange Legal A Veritext Company www.veritext.com ow 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 20 MR. PURVIS: I think you mentioned that we now have sheet piling? MR. CONNER: All along here. MR. PURVIS: So, obviously, we have sheet piling, we have water. When did the water appear? MR. CONNER: A little bit of surface water. Essentially what happens is -- and I'm speaking a little bit out of my element here. But, as I understand it, the idea is to make Victory Pointe this beautiful park. We have to have stormwater capacity. West Lake was almost always completely dry. MS. TRAVIS: It was a swamp. MR. PURVIS: It was. That's my question. MR. CONNER: Yeah. A little bit of standing water kind of in the middle. It wasn't appropriate for this kind of use. It had to be dredged up, and the road had to be rebuilt as well. MR. GRAY: That area that John is pointing to, that is one of our first holding ponds. And as it drains down there, it holds it to that pond. And then it moves to the second phase and into the natural third phase until it goes out to Lake Minneola. 25 1 MS. TRAVIS: So now it has water. 800.275.7991 Orange Legal A Veritext Company www.veritext.com Page 21 1 MR. GRAY: Right. So we created that area 2 for stormwater to -- 3 MR. CONNER: And really changed the elevation 4 significantly to make it work. 5 MR. MANTZARIS: So any questions so far other 6 than that? 7 MR. BATES: Well, you said we had an offer on 8 the table. 9 MR. MANTZARIS: You need to get to that. 10 MR. CONNER: So the offer was conveyed in 11 writing twice, one day apart: One time for 1.6 12 million; one time for 1.8 million. I mean, 20 13 times what the property -- 10 times what the 14 property was bought for. 15 MS. TRAVIS: What do they want to do with 16 that? 17 MR. CONNER: What I'm being told by a 18 nonsophisticate who has never developed before is 19 that he was going to put a multiunit residence 20 here. He was -- 21 MS. TRAVIS: It's not drawn for that, is it? 22 MR. CONNER: I don't believe it is. 23 MR. GRAY: He would have to come in front of 24 the City Council to get approval. 25 MS. TRAVIS: And this is our commissioner 800.275.7991 Orange Legal www.veritext.com A Veritext Company 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 that owns this? MR. CONNER: No, no, no. MR. MANTZARIS: The commissioner and a couple other folks have a contract to buy it. Sean Parks and a couple of -- MS. ASH: Sean Parks? MR. BATES: Somebody invested in -- MR. MANTZARIS: They have it under contract -- MS. TRAVIS: The whole thing smells very dirty. MR. MANTZARIS: My understanding is that there are several individuals, Sean Parks being one of them, that have a contract to purchase this lot from Mr. Sprinkles. And as you can hear from it -- as, Diane, you pointed out, Mr. Manzella came in front of you at a meeting a couple meetings ago because it's all going back -- arguably all going back through the chain of title on this thing. MR. CONNER: Mmm-hmm. MR. MANTZARIS: And that's why he is -- was somewhat aggressive with you trying to speak about it because arguably he may be on the hook for those folks. 800.275.7991 MS. TRAVIS: Right. Buyer beware. Orange Legal A Veritext Company www.veritext.com Page 23 1 MR. MANTZARIS: And the -- 2 MS. TRAVIS: Title insurance, that's what 3 it's for. Sorry. Sell it all day long. 4 MR. MANTZARIS: The issue, though, we want to 5 make sure you clearly -- you understood that the 6 facts as John has pointed out, at least the current 7 status in this matter, shows one thing that the 8 plaintiff has to -- correct me if I'm wrong. The 9 plaintiff has to prove that they own this property 10 in the way the case is currently formulated right 11 now. 12 MR. CONNER: Correct. 13 MR. MANTZARIS: For any -- even for the 14 inverse condemnation claim. 15 MR. CONNER: Yes. 16 MR. MANTZARIS: They have to prove that that 17 property was improperly taken from them; meaning, 18 they had the right to own it basically. And they 19 can't do that based on -- so that's why we wanted 20 to make sure you understood the offers that are on 21 this. 22 So when you hear from individuals saying the 23 City needs to resolve this matter, the City needs 24 to settle this matter, the City is wrong, we don't 25 think we're wrong because we don't think they can 800.275.7991 Orange Legal www.veritext.com A Veritext Company 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 prove the entitlement to it. Plus we've got -- the best offer is $1.6 million -- MS. TRAVIS: Their title insurance needs to take care of this. MR. BATES: And they still claim that they have title on it? MR. MANTZARIS: Yes. MS. TRAVIS: Good. That's what title insurance is for. MR. BATES: I agree with you. MR. MANTZARIS: I know that's what you've heard that they keep saying we keep showing the City all this information that shows that we own it. Well, they showed this information well before John even knew where this property was located. Because we met with them and the attorneys that handled the closing early on, and they showed us what John referred to as the sort of a HazMat survey area. MR. CONNER: Disputed area. MR. MANTZARIS: But none of the title companies recognize that, and nobody shows that. MR. PURVIS: I think I need to share with everybody in the room -- I've been told by Sean Parks that he and, I'm assuming, Rocky and 800.275.7991 Orange Legal A Veritext Company www.veritext.com Page 25 1 maybe a couple of others have actually put some 2 money into this for legal fees. 3 MR. MANTZARIS: Yeah. 4 MR. PURVIS: So that's probably one of the 5 reasons why the offer on the table is as high as it 6 is. They're trying to recover some legal fees on 7 top of the value of the land. 8 MS. TRAVIS: Oh, boy. That's not going to 9 look good for him when it comes to the newspaper. 10 MR. PURVIS: That's all I know about it. 11 MR. MANTZARIS: And we need to wrap up real 12 quick. So I want to see if anybody else has any 13 other questions. 14 But, again, we do not -- we obviously have a 15 settlement offer on the table, which is one of the 16 reasons why we can have this meeting. We do not 17 think -- and, obviously, the City's insurance 18 carrier doesn't think that that's an offer that the 19 City could accept or should accept. 20 MR. BATES: No. 21 MR. MANTZARIS: The other problem with that 22 offer is the offer would be either to pay them cash 23 and then -- or to basically give them the property. 24 Well, we -- if you want to take part of the 25 position -- if you take the position that the State 800.275.7991 Orange Legal www.veritext.com A Veritext Company Page 26 1 is taking, which I don't necessarily agree with. 2 But if you take the position the State is 3 taking that the State never owned this property; 4 and, therefore, it could never have been the 5 City's, then we couldn't even -- if you take that 6 position, we couldn't even give them the property 7 because we don't -- 8 MR. CONNER: Right. 9 MR. MANTZARIS: -- have the right to -- 10 MS. TRAVIS: Right. 11 MR. MANTZARIS: So we couldn't even resolve 12 this stuff by giving them -- so the way this is -- 13 and John -- where we are right now from the process 14 perspective is we're going to move forward, once 15 John completes the depositions, go back in front of 16 the new judge, argue some of these things, and 17 hopefully get a court to agree with us on the 18 summary judgment issue that the plaintiff's claim 19 it can't be successful, they can't win on their 20 existing claim. 21 So that's where we are. 22 MS. ASH: What about the properties around 23 it? I'm -- like where you have the 95 -- 24 MR. CONNER: Right. 25 MS. ASH: -- written, what about that piece 800.275.7991 Orange Legal www.veritext.com A Veritext Company Page 27 1 north of that? 2 MR. CONNER: There's been no other claims -- 3 MS. ASH: That's what I'm asking -- 4 MR. CONNER: -- aside from -- 5 MS. ASH: -- have there been any other 6 claims? 7 MR. CONNER: -- the far west. And that was 8 resolved. 9 These folks had a couple more claims. 10 Remember I mentioned if you have something that's 11 recorded on the public record that says you own it 12 for 30 years, that's what these folks have on the 13 west side. 14 MS. ASH: And they lost? 15 MR. CONNER: No. They won. 16 MS. ASH: Oh, they won? 17 MR. CONNER: They had -- we resolved that 18 very amicably. 19 MS. ASH: Okay. 20 MR. MANTZARIS: And I believe -- 21 MS. ASH: And I assume less than a million? 22 MR. CONNER: Oh, yes. Oh, yes. It was very 23 low level. 24 MR. MANTZARIS: I believe that where that 95 25 is, that's a lot that Sprinkles just acquired. 800.275.7991 Orange Legal A Veritext Company www.veritext.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 28 MS. ASH: So now they're going to claim that too? MR. MANTZARIS: No, no. They have no claim there. But I think that's part of -- MS. TRAVIS: I see. So they're trying to attach to 7. Because I was going to say, even if you gave them 7, they can't build on it. They have no access -- but now if he bought 95, he's trying to get to it. MR. MANTZARIS: I think they're trying to compile some properties together so they can -- MS. TRAVIS: Yeah. MR. BATES: Is there anything we as the City can do to help facilitate that, to give them access to that piece? MR. CONNER: It's all private land. MS. ASH: Who owns the property next to it? MR. CONNER: I could get you that answer, but I don't know who. These folks have not been involved. MR. MANTZARIS: I don't know. We can certainly look into that issue. MR. CONNER: Sure. MR. MANTZARIS: We've looked at -- MS. BRISHKE: What about on the other side? 800.275.7991 Orange Legal www.veritext.com A Veritext Company Page 29 1 MS. ASH: Is any of that area developed? 2 MR. CONNER: Yes. Mostly single-family 3 homes. 4 MS. ASH: It's single-family homes that I 5 know of around there. 6 MR. BATES: So the whole thing is just a bad 7 situation for everybody. I don't think anybody had 8 any malicious intent with any of this. 9 MS. TRAVIS: I think Sprinkles did. 10 MR. BATES: You think it was malicious, 11 though? I mean -- 12 MS. TRAVIS: Yes. 13 MR. MANTZARIS: Well, we can't comment about 14 that. We're not sure. 15 MR. BATES: Yeah. 16 MS. TRAVIS: We can't comment on that. 17 MR. PURVIS: Is it premature to talk a little 18 bit about a counteroffer? 19 MR. CONNER: I think it is. 20 MR. MANTZARIS: I think we would go through 21 this -- so what the process would be is that John's 22 group would file a motion for summary judgment. If 23 we succeed on the motion for summary judgment, the 24 case goes away. 25 If we lose on the motion for summary 800.275.7991 Orange Legal www.veritext.com A Veritext Company 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 30 judgment, in all likelihood the case goes to trial. And at that point it might be worth it to talk about -- MS. BRISHKE: We all come back to this room and revisit it. MS. TRAVIS: But they still can't do anything on that property even if they wanted -- MS. BRISHKE: And that's why I wanted to know who owned on the -- MS. TRAVIS: Because they'd have to come back to us. MS. BRISHKE: Yeah. MS. ASH: And we're not going to let them develop it. MS. BRISHKE: If there's some relationship with the lot on the right -- MS. TRAVIS: It's not zoned for what they want to do. MS. ASH: What do they want to do? MS. TRAVIS: Some kind of multifamily. And it's developed for single. MR. MANTZARIS: Right. I'm sorry. MS. BRISHKE: No. Just because earlier on you said that it wasn't even accessible with the section of the property that connected to Minneola. 800.275.7991 Orange Legal A Veritext Company www.veritext.com Page 31 1 So -- 2 MR. CONNER: Right. The existing access is 3 in the disputed property, the formerly existing -- 4 MS. BRISHKE: So if they were friends with 5 their neighbor, then maybe that wouldn't be a 6 problem. 7 MR. CONNER: Could be. My recollection is 8 that there's still a single-family home on this and 9 on the southern portions as well. 10 MR. MANTZARIS: Okay. All right. 11 MS. ASH: Do you need us to take any kind of 12 vote? 13 MR. MANTZARIS: No action. Can't take any 14 action. 15 MR. GRAY: That you -all agree with us 16 continuing the process that -- 17 MS. ASH: Right. That's -- I mean, do we 18 need a motion of any kind? 19 MR. MANTZARIS: No. Can't take any action. 20 This is all basically -- 21 MS. ASH: I'm just saying -- 22 MR. MANTZARIS: No. Okay? 23 MR. BATES: I assume this is not supposed to 24 be discussed with the other parties involved? 25 MR. CONNER: Correct. 800.275.7991 Orange Legal www.veritext.com A Veritext Company Page 32 1 MR. MANTZARIS: We're in litigation. Our 2 standing policy on that is not to discuss the 3 matter. 4 MS. TRAVIS: You already discussed it, 5 though? 6 MR. GRAY: Well, he's talking about at this 7 meeting. We shouldn't -- 8 MR. MANTZARIS: What we talked about at this 9 meeting. 10 MR. BATES: Not just this meeting but 11 discuss -- 12 MS. TRAVIS: Not this meeting but discuss it 13 outside like Jim did. 14 MR. PURVIS: Yeah. Sean is the one that 15 approached me. 16 MR. MANTZARIS: That's our policy. 17 MS. TRAVIS: But you're not supposed to talk 18 to them if it's in litigation. 19 MR. PURVIS: Didn't know it at the time. 20 MR. GRAY: Right. He didn't know. I brought 21 him up to speed on it. And the same thing with 22 Tim -- 23 MR. BATES: And I have too. I know some of 24 the people involved personally. 25 MR. GRAY: Heidi has gotten phone calls. 800.275.7991 Orange Legal www.veritext.com A Veritext Company 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 ng who they went to, you too? �u. So we're going to concluded at 800.275.7991 Orange Legal A Veritext Company www.veritext.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 C E R T I F I C A T E STATE OF FLORIDA: COUNTY OF LAKE: Page 34 I, SARAH J. EKERN, Court Reporter, DO HEREBY CERTIFY that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. DATED this 23rd day of November, 2020. 17 SARAH J. EKERN, FPR CERTIFIED COURT REPORTER 18 19 20 21 22 23 24 25 800.275.7991 Orange Legal A Veritext Company www.veritext.com [1.6 - bought] 1 7 animal 15:1 1.6 21:11 24:2 7 6:21 7:2,10 10:21 anne 1:9 1.8 21:12 1:1 � 28:6,7 answer 2 18 1. 2 - 8 anybody 25:12 25:1 12 16:4,20 _-_ _ - -_ -- 29:7 14 16:11,15 8 6:11 - apart 21:11 15 16:13 9 apparently 10:13 150 7:2110:21 937 1:3 a ear 15:18 20:5 PP 1845 14:12 95 6:20 7:2 26:23 appearing 2:5 1920s 17:21 27:24 28:8 appraiser 13:12 1926 5:19,22 6:10 9:00 19:19 approached 32:15 7:2 8:2 - -- a appropriate 20:16 2 --- able 15:6,7 18:10 approval 21.24 - 20 12:1 21:12 absolutely 19:7 area 8:15,19 10:13 10:13,14 11:12 2012 16:4 accept 25:19,19 13:9 14:17 15 :8,10 2015 16:10 access 10:12,12,15 15:12,15 16:25 2016 16:18 11:18,23 28:8,14 17:7 18:14 20:19 2017 1:3 31:2 21:1 24:19,20 29:1 2020 1:13 34:10 accessible 30:24 arguably 22:18,23 22675 34:16 accident 12:9 argue 26:16 23rd 34:10 1 acquired 27:25 articulate 18:5 25 1:13 act 12:10 ash 2:9 5:2,2 19:16 26 6:11 action 31:13,14,19 22:6 26:22,25 27:3 3 actual 18:24 19:5,8 27:5,14,16,19,21 30 12:116:127:12 added 17:11 28:1,17 29:1,4 32801 2:4 adding 8:19 30:13,19 31:11,17 332 2:3 adopted 16:9 31:2133:1 34711 1:16 adoption 16:12 aside 27:4 --- - -- adverse 15:17 asking 27:3 4 --- aggressive 22:22 assigned 3:14 407 2:4 ago 18:20 22:17 assume 27:21 31-23 422-2454 2:4 agree 18:13 24:10 assuming 24:25 6 26:1,17 31:15 attach 28:6 60 9:7 agrees 19:9 attempts 10:17 630 11:1 ahead 5:8 attorney's 13:22 685 1:16 air 17:20 attorneys 24:16 6:04 1:14 allafaye 1:8 authorized 34:7 6:33 1:14 33:6 allow 7:4 18:15 available 3:21 amicably 27:18 avenue 2:3 5:14 amount 7:22 800.275.7991 7.21 11.16 Orange Legal A Veritext Company Page 35 aware- 4:8 - - -b - back 5:20 6:16 9:18 12:19,24 18:11,17 22:18,19 26:15 30:4,10 33:4 bad 29:6 balloon 17:21 based 7:1 8:2 15:19 23:19 basically 23:18 25:23 31:20 bates 2:9 5:1,1 10:10 16:21 17:5 21:7 22:7 24:5,10 25:20 28:13 29:6 29:10,15 31:23 32:10,23 beautiful 20:10 bed 17:22 18:24 beginning 12:23 13:10 behalf 2:5 believe 14:10 15:20 21:22 27:20,24 best 17:7 24:2 better 18:8 19:7 betty 1:9 beverly 1:9 beware 22:25 big 13:23 bit 4:4 8:23 11:22 20:6,8,15 29:18 block 6:20 7:2,9,10 blocks 6:19,19 bodies 14:8 body 18:24 book 6:11 books 18:5 bought 7:20 8:2,3 8:20 9:11 10:9 www.veritext.com [bought - 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guess] days 9:7 19:1 daytona 14:22 dealing 6:20 dean 3:13 decision 12:11 deed 7:9,10,19 8:9 10:20 15:11 defendant 2:5 defendants 1:10 defending 3:15 denied 12:19 deposition 9:5 19:11 depositions 14:1 26:15 described 15:12 description 6:7 designing 16:10,17 detail 6:16 detailed 18:25 develop 30:14 developed 21:18 29:1 30:21 diane 2:9 5:4 22:16 different 19:3 dirty 22:11 discovery 13:25 discuss 32:2,11.12 discussed 31:24 32:4 discussing 3:9 discussion 4:9 dispute 10:8 disputed 15:7,10 15 :15,20,21 16:24 24:20 31:3 dissemination 3:22 doing 12:6 domain 13:6 downtown 5:19 6:9 17:20 L 800.275.7991 drains 20:21 drawn 8:13 18:17 19:4 21:21 dredged 20:17 drew 8:17 dried 17:22 dries 17:10 dry 20:12 dsk 2:3 e e 1:4 2:1,1,8,8 3:1,1 34:1,1 earlier 30:23 early 9:10 17:21 24:17 ease 5:22 easier 6:5 easiest 5:9 east 7:12 easy 6:13 edge 7:13,16 11:25 15:13 educate 19:21 effectively 8:19 either 25:22 ekern 1:17 34:6,17 election 14:25 element 20:8 elevation 12:2 18:12 21:3 eminent 13:6 entitlement 24:1 entity 14:2 especially 14:24 esquire 2:2,2 essentially 10:17 13:4 14:21 20:7 estimate 7:24 everybody 3:18,18 6:25 24:24 29:7 evidence 14:10,13 15:4 exercised 13:5 existing 26:20 31:2 31:3 expense 3:10 expert 18:1119:9 extending 8:15 extent 9:3 f f 2:2 34:1 facilitate 28:14 facts 4:11 23:6 family 29:2,4 31:8 far 21:5 27:7 feature 19:8 features 19:6 february 1:13 feds 18:18 feel 11:7 fees 13:22 25:2,6 feet 7:21 10:21 12:1 fema 18:9 fifth 1:1 file 29:22 first 5:20 8:13 19:14 20:20 flags 13:18 flimsiest 14:19 florida 1:2,16 2:4 18:17 34:3 folks 10:18 22:4,24 27:9,12 28:19 foregoing 34:8 formerly 31:3 formulated 23:10 forward 26:14 four 12:17 fpr 1:17 34:17 free 11:7 Orange Legal A Veritext Company Page 37 friends 31:4 front 10:1812:22 21:23 22:17 26:15 fun 18:20 fund 13:14 g 3:1 gail 2:9 5:2 geographic 19:6 geralde 1:8 give 4:15 25:23 26:6 28:14 given 9:8 giving 26:12 go 5:8 7:5 11:8 26:15 29:20 33:4 goes 8:6 10:5 11:16 20:23 29:24 30:1 going 3:18 4:4,10 6:15 7:16 9:7 10:7 11:4,6 13:6 15:5,7 17:16,17,18 21:19 22:18,18 25:8 26:14 28:1,6 30:13 33:3 good 4:3 5:16 19:24 24:8 25:9 gotten 32:25 gray 2:10 4:20,23 4:23 5:13 11:9,12 11:15 16:9,12,15 16:17 20:19 21:1 21:23 31:15 32:6 32:20,25 great 4:19 group 29:22 groups 6:18 guess 17:7 www.veritext.com [half - lot] h half 7:9,10 hall 1:15 handled 10:124:17 happen 10:7 happened 8:510:8 happens 7:8 20:7 harned 1:7 hashed 8:1511:12 14:17 16:25 hazmat 24:18 he'll 4:15 head 11:7 hear 15:5 22:15 23:22 heard 24:12 hearing 7:2512:15 15:9 19:19 heidi 2:10 4:25 32:25 help 4:21 28:14 high 25:5 highly 10:4 history 5:7 hmm 22:20 holding 20:20 holds 20:21 home 31:8 homes 10:23 29:3,4 hook 22:23 hope 15:9 hopefully 26:17 hot 17:20 18:19 hour 12:15,16 hours 18:10 house 17:9 huge 12:2 hundred 18:20 800.275.7991 i idea 17:9 20:9 identifies 7:3 identifying 6:13 imperceptible 17:14 impression 14:23 improperly 13:6 23:17 improved 12:25 including 18:9 indications 13:10 individuals 22:13 23:22 information 24:13 24:14 initially 15:12 ins 10:16 instrument 5:17 insurance 3:14,14 8:24 9:3,11,13 23 :2 24:3,9 25:17 intend 12:24 intent 29:8 interesting 33:1 interpretations 15:14,16 introduce 4:20 inverse 13:1,3,3,19 23:14 invested 22:7 investor 9:4 involved 4:12 28:20 31:24 32:24 involving 12:3 issue 6:2213:16,24 23:4 26:18 28:22 issues 4:12 j 1:17 34:6,17 jim 2:10 5:3 32:13 jimmie 1:7 john 2:2 3:12 4:4 4:14 5:16 11:9 20:19 23:6 24:15 24:18 26:13,15 john's 29:21 jude 1:8 judge 12:13,21 19:14,18 26:16 judges 14:17,24 judgment 26:18 29:22,23 30:1 judicial 1:1 k keep 24:12,12 key 19:3 kimberly 18:4 kind 5 :6 20:16,17 30:20 31:11,18 knew 24:15 know 4:9 5:11 9:2 10:13 11:5,13,16 15:19 17:14 19:5 19:22 24:11 25:10 28:19,21 29:5 30:8 32:19,20,23 knowing 19:8 knows 18:5 1 1 2:8 lake 1:2 5:11,21 7:17 8:16 11:15,25 13:9,11 14:4,6,8 15:13 17:1,9,10,17 17:18,22 18:14,23 18:24 20:11,23 34:3 Orange Legal A Veritext Company Page 38 lakes 14:8 land 6:517:1125.71 28:16 landowners 15:24 large 5:2414:8 laths 7:4 law 2:3 3:20 12:11 13:4 17:13 lead 15:2 legal 5:15,17 6:7 11:1 17:7,24 25:2,6 level 12:11 14:25 27:23 liable 12:12 likelihood 30:1 line 7:7,11,13,16,20 8:17 11:24 18:1 lines 7:3,4,12 8:14 literally 6:1910:14 17:13,22 litigation 1:12 3:10 3:20 4:2,6 12:3 32:1,18 little 4:4,15 8:8,11 8:22 11:20,22 12:14 18:21 20:6,8 20:15 29:17 located 24:15 long 23:3 longer 6:6 look 17:16 25:9 28:22 looked 7:1912:16 15:11 28:24 lose 29:25 loses 9:20 lost 11:18 12:17 27:14 lot 4:9 6:21 7:2,6,7 7:8 8:14,17 10:19 10:21 11:4 13:8 www.veritext.com [lot - people] 18:3 22:14 27:25 1 meetings 22:17 30:16 member 2:9,10,10 lots 6:17 2:10 low 27:23 in magnolia 2:3 malicious 29:8,10 manager 2:10 4:24 manifest 15:3 mantzaris 2:2 3:3,7 4:1,22 5:16 9:1,9 9:15,24 10:1 11:3 19:24 21:5,9 22:3,8 22:12,21 23:1,4,13 23:16 24:7,11,21 25:3,11,21 26:9,11 27:20,24 28:3,10 28:21,24 29:13,20 30:22 31:10,13,19 31:22 32:1,8,16 33:3 manzella 1:7 8:7,7 8:10,17 22:16 map 17:16 maps 18:9,10,12 marie 1:8 marked 8:1613:9 17:1,3 master 16:7,9 matter 3:11,15 4:11 23:7,23,24 32:3 matters 14:5 mayor 2:9 5:2 mean 21:12 29:11 31:17 meaning 23:17 meet 3:8 meeting 3:2122:17 25:16 32:7,9,10,12 men 33:2 mentioned 20:1 27:10 mess 8:21 9:14 met 24:16 metes 6:8 meus 1:8,8 middle 7:1120:16 millage 17:2 million 21:12,12 24:2 27:21 minneola 5:14 7:14 7:21 11:16 20:24 30:25 necessarily 26:1 need 8:12 21:9 24:23 25:11 31:11 31:18 needs 23:23,23 24:3 negligent 12:6 neighbor 10:4 31:5 neighborhood 10:3 neighbors 10:7 15:18 never 8:19 14:3,14 19:9 21:18 26:3,4 new 12:21,2313:1 13:2 26:16 newspaper 25:9 nextdoor 10:4 mmm 22:20 nomenclature 19:2 modern 19:4 nonsophisticate monday 19:18,19 21:18 money 18:3 25:2 noon 19:19 months 12:17 north 2:3 7:10,13 montrose 1:16 8:15,15 27:1 monument 6:7 notary 1:18 morning 19:18,19 notes 34:9 motion 29:22,23,25 november 34:10 31:18 C o mouthpiece 18:6 ------ o 2:8 3:1 move 26:14 obviously 12:9 20:4 moves 20:22 multifamily 30:20 25:14,17 odd 15:14 Multiunit 21:19 offer 4:7,16,17 21:7 n 21:10 24:2 25:5,15 n 2:1,8 3:1 25:18,22,22 name 18:4 offers 23:20 natural 10:22 official 6:412:10 17:12,16,19,23 16:1,12,14 20:23 oh 25:8 27:16,22,22 navigable 14:8,12 33:2 14:13 okay 3:3 4:19 5:23 6:14 7:24 10:12 Page 39 13:17 16:16,19 17:5,11 27:19 31:10,22 old 13:4,4 once 3:2011:25 26:14 ongoing 3:11 opinion 8:10,22 12:4 order 12:18,19 orlando 2:4 outs 10:16 outside 32:13 owned 13:1114:4,7 14:14 26:3 30:9 owner 14:2017:4 owners 8:20 ownership 10:19 13:24 17:8 owns 13:9 14:2,7 15:19 22:1 28:17 IL p 2:1,1,8 3:1 p.m. 1:14,14 33:6 page 6:11 paid 16:24,2517:3 17:6 18:3 parcels 6:2 park 20:10 parks 22:4,6,13 24:25 part 5:1110:23,24 11:17 18:8 25:24 28:4 parties 31:24 partner 3:13 pay 13:21 25:22 paying 13:716:21 pending 4:16 people 32:24 800.275.7991 Orange Legal www.veritext.com A Veritext Company [perceptibly - saying] perceptibly 17:10 period 18:10 personally 32:24 perspective 26:14 phase 20:22,23 phone 32:25 photograph 17:20 piece 5:25 8:1 26:25 28:15 piles 12:1 piling 20:2,5 place 1:15 plaintiff 1:515:21 23:8,9 plaintiffs 26:18 plan 16:8,9 planning 1:15 12:11 plat 5:19,22,24 6:2 6:9,10,12,15,17 7:1 7:1,2,3,7,13,14,15 7:15,18 8:2,9,12,16 17:15 18:17 please 4:3 11:7 plus 4:8 8:1 13:22 24:1 point 18:130:2 pointe 5:12,13 11:13,15,17,19 16:18 20:9 pointed 22:16 23:6 pointing 20:19 policy 32:2,16 political 15:1 pond 20:21 ponds 20:20 pops 11:7 portion 5:19 6:15 portions 31:9 position 25:25,25 26:2,6 possible 19:13 potential 3:9 power 13:5 preceding 8:20 premature 29:17 private 3:8 28:16 probably 19:5 25:4 problem 10:12,15 11:24 25:21 31:6 proceedings 34:8 process 17:12,16 17:19 26:13 29:21 31:16 project 5:1212:6 properties 8:3 26:22 28:11 property 5:18,25 6:3,13,14,23,24 7:3 8:1,7,21 9:12 13:7 13:12,14,20 14:2 14:20 15:20,22 16:22,24 21:13,14 23:9,17 24:15 25:23 26:3,6 28:17 30:7,25 31:3 prove 15:6,7,10 23:9,16 24:1 public 1:18 3:22,22 6:4 27:11 publishes 18:5 purchase 22:14 purpose 3:9 purvis 2:10 3:4,6 3:24 5:3,3 9:22 10:3 20:1,4,14 24:23 25:4,10 29:17 32:14,19 put 15:17 21:19 25:1 putting 14:25 Page 40 q remodeling 1:7 question 5:8 20:14 replicate 6:21 questions 4:18 11:6 report 34:7 19:25 21:5 25:13 reported 1:17 quick 11:9 18:21 reporter 1:18 3:17 25:12 34:6,17 quiet 10:6,17 irequires 15:25 quite 18:22 17:12 -- - residence 21:19 r resolve 23:23 26:11 r 2:1,8 3:1 34:1 resolved 27:8,17 rate 17:2 responsible 9:14 reads 10:20 retiring 12:15 real 11:9 25:11 review 3:22 realignment 12:23 1 revisit 30:5 realizing 8:22 1 right 5:5,14 6:22 really 10:9 21:3 7:14,20 8:18 9:2,18 reasons 4:5 25:5,16 9:19,21 10:11 11:2 rebuilt 20:18 11:21 19:17 21:1 recall 9:10 22:25 23:10,18 recognize 24:22 26:8,9,10,13,24 recollection 31:7 30:16,22 31:2,10 record 3:19 4:3 6:3 31:17 32:20 6:4,4 27:11 34:9 ringers 3:13 recorded 5:20,21 road 17:17,17,21 6:10 16:1 17:15 20:18 27:11 roadway 11:23 records 16:1 rocky 24:25 recover 25:6 roll 13:12 16:23 red 13:18 rolls 17:2 refer 6:9 room 1:15 24:24 reference 5:22 referred 24:18 refers 8:9 regarding 4:10 related 3:10 relates 9:15 relationship 30:15 reliction 17:819:12 remember 27:10 30:4 rough 18:19 s 2:1,8,8 3:1 sale 5:18 sarah 1:17 3:17 34:6,17 sat 3:4 14:2 18:8 saying 12:519:12 23:22 24:12 31:21 800.275.7991 Orange Legal www.veritext.com A Veritext Company [says - thought] says 3:19 7:1,6,7,19 11:18 12:11 14:14 17:13 27:11 scare 12:8 sean 22:4,6,13 24:25 32:14 second 20:22 section 30:25 see 3:23 6:17 7:11 12:16 25:12 28:5 sell 6:5,13 8:8 23:3 send 18:18 service 17:17 session 1:12 3:5 4:6 33:5 settle 23:24 settled 3:25 settlement 3:10 25:15 share 24:23 sheet 12:120:2,4 short 19:22 shot 19:7 I shout 5:8 show 15:21 showed 8:14 24:14 24:17 showing 24:12 shows 16:2317:21 23:7 24:13,22 side 7:21,2215:4 19:3 27:13 28:25 signature 34:16 significant 14:10 significantly 21:4 signs 13:1614:25 single 29:2,4 30:21 31:8 sink 14:18 situation 10:4 29:7 800.275.7991 slightly 12:4 slow 17:14 slowly 17:918:2,7 18:11 small 6:14 smells 22:10 sold 8:2,3 sole 3:9 somebody 19:21 22:7 somewhat 22:22 sophisticated 9:4 19:1 sorry 4:22 23:3 30:22 sort 24:18 southern 7:13 10:21,23 11:25 15:18 31:9 space 11:20 speak 22:22 speaking 20:7 speaks 10:3 speed 32:21 spit 19:23 split 5:21 sprinkles 1:4 3:16 6:22,24 8:6,21 9:16 10:10,11,11,12,20 10:23 15:17 18:3 22:15 27:25 29:9 squared 8:18 stand 15:6 standing 20:15 32:2 start 5:6 started 16:10,15,17 starts 12:3 state 14:2,3,6,7,14 14:14,15 18:18 25:25 26:2,3 34:3 statehood 14:11 status 23:7 stenographic 34:9 stenographically 34:7 stephen 1:4 3:16 stormwater 20:10 21:2 story 12:3 street 1:16 stuff 18:6 26:12 succeed 29:23 successful 26:19 sue 10:5 sued 8:6 suitable 11:23 summary 26:18 29:22,23,25 sumter 5:20 supposed 12:12 31:23 32:17 sure 4:3,8,12 5:11 9:1 11:11 18:22 23:5,20 28:23 29:14 surface 20:6 survey 5:24 6:1 8:12,13,14 16:5 18:24 24:19 surveyor 6:6 7:19 15:11 18:4,22 surveyors 5:25 7:5 7:23 10:8 15:13 18:18 surveys 19:2 swamp 20:13 symbols 19:4 t t 2:8 34:1,1 table 4:7,17 21:8 25:5,15 Orange Legal A Veritext Company Page 41 take 24:4 25:24,25 26:2,5 31:11,13,19 taken 1:13 12:10 13:20 17:20 23:17 talk 4:4,17 6:15 9:5 13:9 29:17 30:2 32:17 talked 32:8 talking 10:10 32:6 talks 7:10 tall 12:1 tallahassee 14:1,10 tax 13:12 16:23 17:1 taxes 16:21,23,25 17:2,6 taylor 1:8,8 technically 7:8 techniques 18:12 tell 5:6 9:10 10:16 11:10 tells 7:15 terms 14:3 thank 33:3 thanks 5:5 theory 11:117:7,25 18:6 19:12,13 thing 15:9 22:10,19 23:7 29:6 32:21 things 7:5,2413:17 15:6 26:16 think 3:4 5:9 6:11 11:1 12:14,21 15:3 18:16 19:17,23 20:1 23:25,25 24:23 25 :17,18 28:4,10 29:7,9,10 29:19,20 third 20:23 thought 12:20 19:20 www.veritext.com [three - zoom] three 12:15 thrown 19:15 tim 2:9 32:22 time 1:14 5:1 8:14 16:22 17:10,14 18:7 19:14,22 21:11,12 32:19 times 3:7 9:6 19:5 21:13,13 title 8:24 9:3,11,13 9:23 10:6,17 13-13 15:25 22:19 23:2 24:3,6,8,21 today 5:23 today's 3:21 told 21:17 24:24 top 17:24 25:7 topographic 18:9 topography 18:15 tort 12:5 total 11:1 transcript 3:21 34:8 transferred 14:15 travis 2:9 5:4,4 8:24 9:13,17,19,21 11:20 16:3,7,11,14 16:16,19 20:13,25 21:15,21,25 22:10 22:25 23:2 24:3,8 25:8 26:10 28:5,12 29:9,12,16 30:6,10 30:17,20 32:4,12 32:17 trespassed 12:7 trial 14:17 30:1 tricky 8:11 tried 6:21 19:14 troy 1:8 true 14:19 34:9 800.275.7991 try 10:6,2511:5 trying 10:18 22:22 25:6 28:5,8,10 tuesday 1:13 turn 4:14 twice 21:11 two 33:2 u uncertain 14:3 understand 20:9 understanding 22:12 understood 4:13 23:5,20 unsophisticated 12:4 update 4:15 use 20:17 v value 25:7 variety 18:9 verify 7:5 versus 3:16 victory 5:12,13 11:13,15,17,18 15:3 16:18 20:9 vote 31:12 votes 12:10 vs 1:6 w walking 5:713:15 want 4:2,20 6:10 9:5,7 11:5 15:5 21:15 23:4 25:12 25:24 30:18,19 wanted 4:6,8,12 19:18 23:19 30:7,8 wants 3:2310:9 warning 13:16 water 14:817:25 18:7,13,24 19:9 20:5,5,6,16,25 way 3:19 5:9 6:12 7:14,20 8:4,18,18 14:5 17:24 19:7 23:10 26:12 ways 15:23 we've 12:2113:20 13:21,25,25 24:1 28:24 weight 15:4 went 8:11 13:13 14:1 18:2,7 19:14 33:1,2 west 1:16 5:11 7:12 7:16 11:15,25 13:9 13:11 14:4,6 18:14 18:23 20:11 27:7 27:13 whiteboard 5:10 win 14:21 15:24 26:19 wise 11:1 won 27:15,16 words 12:5 13:2 14:23 work 17:25 18:19 18:19 19:13 21:4 works 3:19 worth 30:2 wrap 25:11 writing 21:11 written 26:25 wrong 23:8,24,25 y yeah 4:22 20:15 25:3 28:12 29:15 30:12 32:14 year 12:13,2316:6 Orange Legal A Veritext Company Page 42 years 8:5 16:2 18:20 27:12 zero 17:2 zoned 30:17 zoom 6:16 www.veritext.com FLORIDA RULES OF CIVIL PROCEDURE Rule 1.310 (e) Witness Review. If the testimony is transcribed, the transcript shall be furnished to the witness for examination and shall be read to or by the witness unless the examination and reading are waived by the witness and by the parties. Any changes in form or substance that the witness wants to make shall be listed in writing by the officer with a statement of the reasons given by the witness for making the changes. The changes shall be attached to the transcript. It shall then be signed by the witness unless the parties waived the signing or the witness is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within a reasonable time after it is furnished to the witness, the officer shall sign the transcript and state on the transcript the waiver, illness, absence of the witness, or refusal to sign with any reasons given therefor. The deposition may then be used as fully as though signed unless the court holds that the reasons given for the refusal to sign require rejection of the deposition wholly or partly, on motion under rule 1.330(d)(4). DISCLAIMER: THE FOREGOING CIVIL PROCEDURE RULES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE ABOVE RULES ARE CURRENT AS OF APRIL 1, 2019. PLEASE REFER TO THE APPLICABLE STATE RULES OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION. VERITEXT LEGAL SOLUTIONS COMPANY CERTIFICATE AND DISCLOSURE STATEMENT Veritext Legal Solutions represents that the foregoing transcript is a true, correct and complete transcript of the colloquies, questions and answers as submitted by the court reporter. 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