06.22.2021 - City Council MinutesCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
CALL TO ORDER
The City Council met in a regular meeting on Tuesday, June 22, 2021 in the Clermont City Council
Chambers. Mayor Murry called the meeting to order at 6:30 pm with the following Council
Members present: Council Members Pines, Entsuah, Bates, and Purvis.
Other City officials present were Interim City Manager Dauderis, City Attorney Mantzaris, and
City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Bishop Everett Gates of One in Christ Ministries followed by the
Pledge of Allegiance.
Opening Comments
Mayor Murry announced the agenda changes. The Florida League of Cities presentation will be
moved to July 13 and the closed session will be held at the end of the meeting.
PUBLIC COMMENTS
Jodi Long, 1521 Arrow Court — Asked the Council for reconsideration for Modern Orthodontics
sign variance, and showed the Council a rendering of the sign with the hashtag removed.
City Attorney Mantzaris said that there is not an appeal process, but staff can look into working
with Ms. Long on a new application. Mayor Murry informed Ms. Long that recommendations
were made at the denial hearing.
Matt Kryzminski, Planning & Zoning Board Chair — Asked that the Council consider providing
members of the Planning & Zoning Board with official identification for use while they are
investigating properties in the course of their duties as members of the board.
Council Member Purvis stated that he watched the Planning & Zoning meeting on YouTube where
this issue was discussed and pointed out that this is not a unanimous request from the board. He
stated that a board member is on a property it should be at the invite of the property owner; if it is
not, they are trespassing.
Council Member Entsuah supported the request.
Council Member Pines stated that the Planning & Zoning Board has operated for a long time
without official identification. Upon watching the Planning & Zoning Board meeting, she too
agreed that there was no strong consensus from the board for this request. She expressed concern
for the City, if Planning & Zoning Board members are trespassing on private property.
Mayor Murry said that he does not have any official identification when he is out and about as he
does not see a need for it.
The Council took no action on this request.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Charlene Forth, 939 E. Desoto Street — Ms. Forth expressed concern about activities in the
downtown area at businesses with Conditional Use Permits (CUP). She provided an example and
gave a handout to the Council.
Council Member Entsuah asked if the City had looked into the activity Ms. Forth had referenced.
Interim City Manager Dauderis stated that the City had looked into the issue and supplied each
Council Member with a report showing that the property was in compliance. Interim City Manager
Dauderis continued that the City is proactively meeting with the management from the business
regarding their events.
Mayor Murry asked if anything that occurred was against the CUP. City Attorney Mantzaris stated
that upon review of the CUP, there were no violations. Mayor Murry asked if all the permits had
been acquired. City Attorney Mantzaris explained that the CUP allows them to have special events,
so no permit was needed.
Mayor Murry said that while he observed that the event was noisy, he thinks it ended before 11:00
pm which makes them in compliance with the code and their CUP.
Council Member Purvis expressed a strong concern about the operation of the City. He stated that
he wants to know exactly what a CUP allows and does not allow. City Attorney Mantzaris
explained that every CUP is different and that is why each application must come before the
Council so they can review and approve the specific conditions for each property.
Council Member Purvis stated that the referenced event was utilizing city property and city right
of way as he observed. City Attorney Mantzaris stated that a CUP does not authorize the use of
public property as the conditions are tied to a specific parcel.
Mayor Murry stated that a review of Conditional Use Permit practices may need to be a workshop
item.
Linda Charlton, 91021 County Road 561 — Ms. Charlton expressed a concern about the process
that occurred with regards to an overturned car accident.
Paula Hoisington, 564 E Desoto Street — Ms. Hoisington stated she was speaking on behalf of the
South Lake Alliance. She expressed frustration over the upcoming retreat stating that the alliance
needs clarity and direction. They have not received any official notification about being on the
agenda. She feels that the City Administration is doing a disservice to the people, when they expect
to be treated equally.
Interim City Manager Dauderis explained to the Council that since this is a retreat there is no set
agenda yet as they are still working with the facilitator. She also stated that the alliance is the only
presenter during the retreat so they were given a specific time to assist them in coordinating their
people and presentation. She informed the Council that she has a phone call with the facilitator to
go over items that could be on the agenda.
City Attorney Mantzaris emphasized to the Council that this is a retreat, which by its nature allows
for greater flexibility, thus an agenda is kept to very broad topics and is to be considered a guideline
more so than the order of business.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Mayor Murry stated he would like to see an agenda by the end of the week.
REPORTS
INTERIM CITY MANAGER REPORT
Interim City Manager Dauderis —
• The Council Retreat will be on June 30 at the Clermont City Center beginning at 9:OOam
• The City will be closed Monday, July 5 for observation of the July 4 holiday.
• City will have an event from 7pm to 1 Opm on July 4.
• The next City Council meeting is on July 13.
CITY ATTORNEY REPORT
City Attorney Mantzaris
• Reminded members about their Form 1 financial filings.
Regarding the Form 1 filings, Council Member Purvis asked if they needed to submit them even
though they just completed them as part of their qualifying process for the election. City Clerk
Howe responded that Council Member Purvis will need to complete the form as he was in office
on December 31, 2020. Council Member Entsuah was elected during the current calendar year, so
he will not need to complete the form.
CITY COUNCIL REPO
Council Member Bates
- Congratulated Chief Broadway on recent appointment and commendation.
- Congratulated Council Members Purvis and Entsuah on their no -opposition elections.
Council Member Purvis
- Informed the Council about the death of Frank Lyon who was an involved member of the
community.
Reminded the public that the County Board is meeting in south Lake County at the
Clermont City Center at Ipm next week. He encouraged the public to attend and let them
know how they feel on certain topics.
Congratulated Chief Broadway for his commendations
Council Member Entsuah
- Congratulated Chief Broadway for his accomplishments.
- Attended the inaugural Juneteenth event in Groveland and would like to see one done in
Clermont.
- Attended the Mega -Food Truck rally in Downtown Clermont.
- Expressed concerns about special events at The Rusty Truck which is now a club.
3
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Council Member Pines
- Congratulated Chief Broadway for his accomplishments.
- Congratulated the Fire Department on their pinning and promotion ceremony.
- Took the Florida League of Cities (FLC) class for newly elected officials last fall and had
questions on the oversight of the Planning & Zoning Board. She contacted FLC who
suggested that the Council hold a joint educational meeting with the Planning & Zoning
members. She would like to see it be a half day event. The league suggested the City reach
out to Richard Levey to be the facilitator and trainer.
Mayor Murry stated that he supports the idea and asked staff to look at the calendar to schedule
another retreat, if there is a consensus from the Council.
Council Member Purvis stated that he is opposed to hiring Mr. Levey as he believes the City
Attorney can do the same material without the added expense.
City Attorney Mantzaris informed the Council that it is common at times for groups to have joint
meetings between the two boards for discussion, but that it be narrowed to a planning perspective.
Council Member Bates asked if the FLC could do the training.
City Attorney Mantzaris informed the Council that staff could return with a proposal. He reiterated
that the true value may not be in a presentation, but the interaction between the members of the
two boards.
Max Kryzminski, Planning & Zoning Board Chair — Agreed that this is a good idea as the board
members have had no formal training. City Attorney Mantzaris responded that an overview of the
rules and regulations for the Planning & Zoning Board was made in January.
Mayor Murry
- County Board Chair Sean Parks will resume his report in July.
- Attended the Mega -Food Truck rally in downtown Clermont. It was a great event.
- Attended the Juneteenth event in Groveland. Has spoken to Interim City Manager
Dauderis about having an event in Clermont.
- Congratulated the Fire Department on their hiring and promotions.
- Attended the Youth Police Academy graduation.
- Congratulated Council Members Purvis and Entsuah on their no -opposition elections.
- Congratulated Chief Broadway on his appointment from the Governor.
- Announced that he is not going to continue the "Coffee with the Mayor" forum, but will
be doing a "Lunch with the Mayor" on the first Monday of the month.
CONSENT AGENDA
Mayor Murry advised the next item on the Agenda for consideration was the Consent Agenda and
requested anyone wishing to have any item pulled for discussion to please come forward at this
time.
4
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Item No. 1— Minutes Approval
Item No. 2 — Surplus Request
Item No. 3 — Resolution No. 2021-038R
Consider approval of the minutes from the May
11, 2021 and June 8, 2021 Council meetings.
Consider declaring end of life inventory as
surplus from Information Technology, Police,
and Fire Departments and dispose of in
accordance with the Procurement Services
Policy.
Consider Fiscal Year 2021 Budget Amendment
MOTION TO APPROVE the consent agenda for June 22 2021 made bv Council
Member Bates. Seconded by Council Member Purvis. Passed unanimously with all
members present voicing a
UNFINISHED BUSINESS
Item No. 4 — Administrative Appeal — Highland Ranch/Black West PUD
Planning Manager John Kruse provided the staff presentation.
The applicant is requesting an administrative appeal in regards to a commercial use designation
located within the Highland Ranch/Black West Planned Unit Development (PUD). The applicant
is not in agreeance with staff on the interpretation of "commercial uses" contained in Resolution
2019-26R.
Resolution 2019-26R provided many details governing the development, such as overall density,
cut and fill locations, gated community approval, age restricted community details, and
commercial locations. The Resolution specifically stated that the Conditional Use Permit allows
a Planned Unit Development in the Urban Estate Zoning District.
Within the PUD, a commercial location was depicted along Hancock Rd. City staff reads as the
PUD allows C-1 Light Commercial uses within this area. The applicant believes the uses should
allow C-2 General Commercial uses. The PUD does not clearly state or document the
"commercial uses" are C-1 Light Commercial or C-2 General Commercial district. Reviewing the
original traffic study, the trip generation code used for the traffic generation was for office and
retail. Under the C-1 Light Commercial district, the purpose of the C-1 district is to provide light
retail sales and services, which would not be detrimental to adjacent residential districts. The
commercial aspect of the project is surrounded by residential uses.
The applicant believes that C-2 General Commercial uses are allowed within the PUD commercial
zone. The C-2 district is intended for full-scale retail sales and service needs of the
community. This district would permit higher intensity commercial uses, such as gas stations,
hotels and motels, childcare centers, along with shopping centers.
61
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Staff does not believe the parcel was intended for C-2 General Commercial uses, especially since
these types of intensities and uses occur within two (2) miles of the New Publix Shopping Center
to the North, and the Target Shopping Center to the South.
City staff and the applicant are seeking the direction from City Council on this item.
Mayor Murry asked if the applicant was present.
Jimmy Crawford, Esq. — Applicants Representative. Mr. Crawford congratulated Clermont. Mr.
Crawford offered to forgo his 20 minute presentation and allow the Council to ask questions of the
experts present.
City Attorney Mantzaris stated that Mr. Crawford has to present some sort of information for the
Council to consider as it is an appeal. Mr. Crawford stated that he will enter several items into the
record as well as his notes to explain why the applicant thinks the 2019 CUP authorizes C2 Zoning.
He displayed a draft of an approval Order and highlighted the items they were asking to the Council
to consider.
Mr. Crawford displayed a map of the site and stated that there are 13,000 approved homes within
three (3) miles of the site, though, 9,000 have yet to be built. The applicant feels that based on the
surrounding area as well as the upcoming development, the site is perfect for commercial
development (C2).
He asserted that the six (6) acre site they have is too small to locate any major commercial big box
stores. He reminded the Council that they have dedicated right-of-way and have been good
neighbors. He also informed the Council that since the original traffic impact study was done, they
have reduced commercial space by 50,000 square feet.
City Attorney Mantzaris informed the Council that this is a technical appeal and is a unique
situation. He asked Mr. Crawford to explain to the Council why he legally feels they are entitled
to do in the C2 zoning.
Mr. Crawford stated that in all prior contexts the development team and City staff have talked
about the uses for the site as commercial uses and never specified C1 or C2. He also stated that the
document originally done for the PUD says C2. This is why they are not looking to amend their
CUP because they feel they already have it. They are just asking the Council to clarify that their
interpretation is correct.
Jim Curoso, 102 W. Palm Street Orlando — Applicant. Mr. Curoso stated that they are a build and
hold developer, and gave an overview of their company and business practices.
Brent Lacy, BHP Senior Transportation Planner — Applicant Representative. Mr. Lacy gave an
overview of his credentials. He stated that at the time of the original discussions they did not know
what type of shopping center it would be. He informed the Council that a shopping center does not
have to be a series of big box stores and it can contain lots of different things. Mr. Lacy went over
the definition of ITE CODE 820 and displayed it for the Council.
C.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Mayor Murry opened the floor for comments from the public; seeing no one come forth, the floor
was closed.
Mr. Crawford entered into the record a letter from builder Taylor Morrison supporting the
applicant's request.
Mr. Crawford entered into the record another letter supporting the applicant's request.
Council Member Pines asked Mr. Crawford if he has the CUP that states that it is C2. He replied
that he did not have it with him.
Council Member Pines asked what the C2 zoning designation offers that is not available in the C1.
Mr. Crawford said that it is more about floor sizes than uses, but there are some uses as well that
they prefer in C2.
City Attorney Mantzaris clarified for the Council that the 2019 Resolution does not specifically
address the commercial zoning in the same manner the Resolution from 2013 did. The issue is that
the 2013 Resolution is invalidated as it was replaced with the 2019 resolution.
Council Member Bates disclosed that he met with the applicant. He also had some questions on
the uses allowed. Mr. Crawford displayed the permitted uses from the application and reviewed
the uses that have been crossed out and left.
Council Member Purvis disclosed that he spoke with the applicant and the applicant's attorney.
He stated that he feels this is a good use of the available property. He is not opposed to the C2
designation, but would like a better definition of "Clinic" to be created.
Mr. Crawford asked if the Council would consent to having "Clinic" defined as a medical facilities
without an emergency department. The Council gave consensus for that definition.
Council Member Entsuah disclosed that he talked with the applicant and is in favor of the proposal.
Mayor Murry stated the he did not meet or speak with the applicant. He also said he is in support
of the project from both a planning perspective and to help reduce traffic.
MOTION TO APPROVE the apolicant's petition on appeal with the addition of
language clarifying "Clinic" made by Council Member Purvis. Seconded b
Council Member Bates. Passed unanimously with all members present voicing aye.
Council Member Entsuah left the dais at 8:10 PM
Council Member Entsuah returned to the dais at 8:11 PM
Item No. 5 — Bid Award and Budget Amendment
Items S and 6 were considered together and voted on separately.
7
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Item No. 6 — Piggyback Purchase and Budget Amendment
Police Chief Broadway presented the staff presentation via PowerPoint. Staff is requesting to
patrol the waterways to address specific issues and activities related to the lakes. Chief Broadway
provided highlights of enforcement actions thus far. He showed the Council an example of a Police
boat, and informed the Council of the cost, stating that the boat will be bought out of police impact
fees. He explained that the cost of the boat is $56,900, but with outfitting comes to $78,500 which
would include lights, striping. He pointed out that this is a reduction from the originally posted
cost in the agenda. He also informed the Council that a vehicle will be needed to tow the boat from
location to location. This will also be paid out of police impact fees.
Mayor Murry opened the floor for comments from the public.
Charlene Harrison Forth, 939 E. DeSoto Street — Opposed to the purchase of the boat and truck.
Feels that Lake County is doing the job adequately enough.
Darren Johnson — Said that this is a needed purchase. Supports the project.
Vincent Niemiec, 4569 Barrister Drive, Regency Hills — Supports the project.
Seeing no further speakers, the floor was closed.
Council Member Bates supported the purchase.
Council Member Pines stated the boat is very well priced.
Council Member Entsuah wonders if one (1) boat is enough, and is in full support.
Council Member Purvis stated that he is opposed to the purchase. He agrees that there is a serious
issue on the lakes, however, it is not the City's responsibility to patrol this lake. The lake belongs
to the state and the Sheriff is responsible for protecting it. The $133,000 purchase also requires the
addition of staff because if no one volunteers for a shift, the boat does not move. The County needs
to step up and do their job.
Mayor Murry agreed with Mr. Purvis, but stated that the County is not able to do the job. He is
also concerned about the growing cost and believes this project will grow to be a $1,000,000
project. He believes that it is the City's responsibility to protect the life of its citizens and visitors.
Council Member Pines reminded the Council that the County is not able to take care of the job,
and agrees with the Mayor that the City has a responsibility to its citizens and visitors. She also
pointed out the City owns a majority of the lakefront property.
MOTION TO APPROVE the boat purchase in the amount of $78,500 made b
Council Member Pines. Seconded by Council Member Bates. Passed 4-1 with
Council Member Purvis dissenting.
L3
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
MOTION TO APPROVE the truck purchase as presented made by Council
Member Bates. Seconded by Council Member Entsuah. Passed 4-1 with Council
Member Purvis dissentin =.
Item No. 7 — Resolution No. 2021-039R — FY2021 Budget Amendment — Code Enforcement
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, AUTHORIZING BUDGET AMENDMENTS
FOR THE CITY OF CLERMONT FOR FISCAL YEAR 2020-2021
City Clerk Howe read the resolution title aloud. Development Services Director Curt Henschel
made the staff presentation.
Resolution No. 2021-039R is proposed to amend the Fiscal Year 2021 Budget. This resolution
formally amends the annual budget for the reinstatement of a Code Enforcement Officer position
that was originally frozen in 2020. This Code Enforcement Officer will provide services for the
waterfront and boat ramp area on weekends and holidays (Saturday and Sunday), and provide
supplemental support to the existing officers three (3) days during the week. This additional
support will include: picking up snipe signs, addressing property maintenance issues, and
responding to citizen complaints.
One of the allowable uses of The American Rescue Plan Act (ARPA) funds is for the restoration
of staffing to pre -pandemic levels. These ARPA funds are anticipated to be received later this
calendar year and will be used for staffing this position, the General Fund will upfront these costs
and will be reimbursed upon receipt of the ARPA funds.
Mayor Murry opened the floor for comments from the public.
Charlene Harrison Forth, 939 E. Desoto Street — Supports the addition of a code enforcement
officer. She showed numerous pictures to the Council of alleged code violations.
Seeing no further comments the floor was closed.
Council Member Purvis stated that code enforcement, though limited in staff, is far too reactive
and needs to be more proactive. He felt that this is the direction the officers have been provided
by City management.
Mayor Murry agreed that there are code violations all over the City. He would like to see the return
of the Code Enforcement Board, and asked that it be a future workshop item.
Council Member Purvis asked how the $15,000 was arrived. Finance Director Pam Brosonski
explained that the amount is only for July 1 through September 30 of the current fiscal year. A full
position would be budgeted at $60,000.
MOTION TO APPROVE the bud get amendment in Resolution 2021-039R made
by Council Member Bates. Second by Council Member Purvis. Passed
unanimously with all members present voicing Me.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
NEW BUSINESS
Item No. 8 — Resolution No. 2021- 030R — Costco Wholesale CUP
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO
ALLOW FOR A TIRE STORE WITH FIVE SERVICE BAYS WITHIN COSTCO
AS PART OF THE MIXED -USE PLANNED UNIT DEVELOPMENT OF
PLAZA COLLINA WITHIN THE URBAN ESTATE ZONING
City Clerk Howe read the resolution title aloud. Planning Manager John Kruse made the staff
presentation.
The applicant is requesting a Conditional Use Permit to allow an, internal tire store as a service to
its club members in the proposed Costco building within the Plaza Collina development. The five
(5) service bays for this use are located on the eastern side of the proposed building.
The tire service is an ancillary use to the primary use of retail sales of the club and the Land
Development Code requires a Conditional Use Permit for any automotive services in the C2 zoning
district. The location of the service bays within the building are almost centered on the 20 acre
parcel and do not face toward any public right-of-way. The nearest single-family residence is over
1,000 feet away. The two existing automotive dealerships to the west within Plaza Collina also
provide this type of automotive service.
Plaza Collina was approved by Lake County on January 24, 2006 under the Development of
Regional Impact (DRI) process. The development was approved for 1.2 million square feet of
commercial use. Included in this commercial use was the ability to have one commercial building
not to exceed 187,000 square feet of floor area. Costco Wholesale will be the commercial user of
this entitlement, which is approximately 152,000 square feet. The City of Clermont annexed the
property in 2015 and the existing entitlements transferred over into Resolution No. 2015-08.
When evaluating a request for a Conditional Use Permit, the Land Development Code requires
that specific development standards are met. Staff has reviewed the application as submitted in
accordance with the development standards criteria and finds the proposed use can meet the
general criteria for granting a Conditional Use Permit. The proposed use will not be detrimental
to the health, safety and welfare of the surrounding community, and so staff recommends approval
of the Conditional Use Permit with the conditions contained in Resolution No. 2021-030R. The
Planning and Zoning Commission voted 6-0 to recommend approval.
Mayor Murry asked if the applicant was present.
10
City of Clermont
MINUTES
REGULAR COUNCIL, MEETING
June 22, 2021
Brad Wester, Jacksonville Florida — Applicant Representative. Mr. Wester said he was available
to answer questions. He also indicated that the project engineer is in attendance for questions as
well.
Mayor Murry opened the floor for comments from the public; seeing no public come forth, the
floor was closed.
Council Member Entsuah asked for clarification on the annexation process. Planner Kruse
explained that all conditions were assumed except for two (2) car lots. Costco does not need to
come before the Council as it meets the criteria of the PUD.
Council Member Purvis disclosed that he received an email from the applicant.
MOTION TO APPROVE the conditional use permit in Resolution No. 2021-
030R made by Council Member Bates. Seconded by Council Member Pines.
Passed unanimously with all members present voicin T aye.
Item No. 9 — Variance Request — 2689 Clearview Street
Development Services Director Curt Henschel made the staff presentation.
The applicant is requesting a variance to allow a rear yard setback of 17 feet instead of the 25 feet
as required by the development standards for the approved Planned Unit Development (PUD). The
requested variance would allow construction of a 10' x 17' screen porch enclosure with a solid
roof over an existing concrete slab. Under the current code, any structures with a solid roof are
required to meet the setbacks for the primary structure.
The existing single-family primary residence is currently located 27 feet from the rear property
line, and the proposed screen porch addition will be 17 feet from the rear property line. This would
provide a 10 -foot encroachment into the rear yard setback. The proposed 10' x 17' screen room
enclosure will be constructed over the existing patio slab; therefore providing no increase of the
impervious surface area for the property. The applicant has presented supporting documents with
the application that includes approval from the Homeowners Association Review Board and letters
of no objections from adjacent property owners that may be impacted by the proposed
development. The applicant has indicated the construction of the screen porch with the solid roof
will allow the family an opportunity to enjoy the outdoors, while providing shelter protection from
the impacts of the weather elements.
The variance request is the minimum permitted to allow reasonable use of the property. The screen
porch addition will not be detrimental to the health, safety and general welfare of the surrounding
neighborhoods.
The Land Development Code requires a positive finding on the review criteria in order to grant a
variance. Staff has reviewed this application as submitted and finds the application does meet a
positive finding for the provisions of the five review criteria. Therefore, staff
recommends approval of the requested variance.
11
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Mayor Murry asked if the applicant was present.
Steven Taylor, 2689 Clearview Street — Applicant. This will greatly benefit his family who has
medical concerns relating to the sun.
Mayor Murry opened the floor for comments from the public. Seeing no public come forth, the
floor was closed.
MOTION TO APPROVE the variance for 2689 Clearview Street made b%
Council Member Bates. Seconded by Council Member Pines. Passed unanimousl
with all members present voicing aye
Item No. 10 — Variance Request — Teamont Boba
Development Services Director Curt Henschel made the staff presentation.
The applicant is requesting two (2) variances to the Land Development Code on a 1,875 square
foot vacant lot located east of 7th Street between Montrose Street and Minneola Avenue. The
following (2) two variances are being requested: (1) to allow for offsite public parking to meet the
requirements for the minimum number of parking spaces and (2) to allow for the elimination of
the dumpster for solid waste collection. The applicant is proposing to construct a 1,320 square
foot single story building to operate a restaurant with a patron bar area with 35 seats.
The Land Development Code, Section 98-14, requires 0.5 spaces per every four seats, which would
require a minimum of five (5) onsite parking spaces. The applicant is requesting the variance to
allow for public parking as compliance to the requirements of the code. City staff encourages new
development in the Central Business District, but with the existing limited amount of public
parking for all businesses located in Downtown Clermont, staff cannot support a new business that
cannot provide any onsite parking for their patrons, especially an ADA accessible space. This lot,
which measures 25 feet wide by 75 deep, was split from a parent parcel with lot dimensions of 75
feet wide by 75 feet deep. Therefore, the existing property hardship was created with the requested
lot split.
This small lot cannot reasonably accommodate the requirements for becoming a buildable lot. The
definition for a buildable lot means a lot or parcel of land that can comply with the land
development regulations for the zoning district, which includes the principle structure or building,
access points, parking, open space, setbacks and any other development standards that allows the
property to become a stand-alone piece of land. This is evident in the fact that the applicant is
requesting a variance for the elimination of a dumpster and onsite parking to serve the
development.
The Land Development Code requires a positive finding on the five review criteria for granting a
variance. Staff has reviewed the application and supporting documents and finds the applicant
does not meet positive findings for the provisions of the review criteria. Therefore, staff
recommends denial of the requested variances to the Clermont Land Development Code.
12
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Mayor Murry asked if the applicant was present.
Patrick Bianchi, VP Development — Applicant. Mr. Bianchi provided a history of the business
proposed for the site and gave a slight overview of the site location. He asked for Council support.
He displayed a site plan that showed where the solid waste collection cans would be.
Mayor Murry opened the floor for comments from the public.
Keith Mullins, 640 Drew Ave — Concerned about the tree to the west of his property. He
emphasized that he supports the project, but thinks the building needs some tweaking.
Vincent Niemiec, Barrister Drive, Regency Hills — Encouraged the Council to work with new
businesses. Supported the project.
Charlene Forth, 939 W. DeSoto Street — Supports the project.
Lavonte Rogers, 836 W. Osceola Street — Supports the project.
Seeing no further comments, the floor was closed.
Council Member Purvis stated that he is in full support of the project and this is a great example
of infill.
Council Member Bates stated that he is in support of the project. However, he wants to know
where people will park. Mr. Bianchi said that he does not know where they will park.
Council Member Bates asked about a dumpster. Mr. Bianchi stated that the fire code mandates
that a dumpster is 10 feet from a building which will not work for the site. He added that the site
occupant will most likely need more recycling bins then solid waste bins.
Council Member Entsuah asked about the feelings from adjacent property owners. Mr. Bianchi
stated that they have received no opposition and they are committed to mitigating any storm water
issues that may arise.
Mayor Murry has concerns about parking and the inconsistency with the rules. He has a tough time
approving a project with no designated parking. He accused Mr. Bianchi of creating the issue as
he bought one (1) parcel and divided it into three (3). Mr. Bianchi stated he has no issue creating
an agreement with himself, but feels that it does not address the real issue.
Mayor Murry asked about the retention pond and who is the owner. Mr. Bianchi said that they are
not the owner, but they are also not using the pond for runoff.
Council Member Pines said that the City has a code and the code the Council has to work under.
There is a lot of building on a little lot. She expressed concerns about the trash can vs dumpster
issue. She stated that overall she likes the project, but is having trouble approving it.
Council Member Purvis summarized the discussion thus far and encouraged the Council to
approve this and move on to the next agenda item.
13
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
As an incentive for approval, Mr. Bianchi said that he would be willing to lease this lot to the City
at 81h and Minneola conditioned on approval of the variance. The lease would be for six (6) months
lease, but would have a 60 day termination clause.
City Attorney Mantzaris clarified for the Council that some negotiations had occurred unrelated to
this project and the spacing would be at less than $400/space. He also emphasized to the Council
that the term of lease could be for six (6) months, but with a 60 termination, it could be a two (2)
month lease.
MOTION TO APPROVE the a lication for variance with the addendum that it
be intei-rated with a lease for city parking at the a licants 8lb and Minneola
location terms to be 180 day lease with a 60 da termination made by Council
Member Purvis. Seconded by Council Member Bates. Passed 4-1 with Mayo
MpM opposing_
CLOSED SESSION
Mayor Murry read the following statement:
At this time, the City Council meeting will be in recess for the Council to conduct a private pending
litigation session as required by the City Attorney and as authorized by Section 286.011, Florida
Statutes.
The session is for the purpose of discussing settlement and expense strategy for pending litigation
involving the City, The Art District, LLC and VP Development, LLC.
The City Council, Interim City Manager Susan Dauderis, City Attorney Dan Mantzaris and the
City's litigation legal counsel Thomas Neal will attend the session.
A court reporter will be present at the session and a transcript will be available after the conclusion
of the litigation.
The meeting will last approximately 60 minutes and the Council Meeting will resume thereafter.
Private pending litigation session with the Interim City Manager and the City Attorney and the
City's assigned defense counsel to discuss settlement and legal expense issues related to a pending
litigation matter involving Art District, LLC, VP Development, LLC and the City of Clermont.
This meeting is authorized and not open to the public in accordance with 286.011, F.S.
Closed Session began at: 9: 57 pm
Meeting resumed at: 10: 42 pm
14
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Item No. 11— Roadway Naming
Planning and Development Services Director Henschel made the staff presentation. He explained
that Lake County staff is seeking input on naming the new section of County Road 455 south of
Highway 50. The current name of this section of roadway is Hartle Road. The name of Hartle
Road will remain as a spur off of County Road 455. Three names have been vetted through the
emergency /addressing system from Lake County and are available for use.
1) Innovative Parkway
2) Progressive Parkway
3) Champions Choice Parkway
City staff will forward the chosen name to Lake county staff who will then present the name to the
Lake County Board of County Commissioners for approval.
Mayor Murry opened floor for comments from the public. Seeing none, the floor was closed.
MOTION TO APPROVE a recommendation of Champions Choice Parkway and Ray
Good Tame Parkway with preference riven to Ray Good -game Parkwa made by Council
Member Bates. Seconded by Council Member Pines. Passed unanimously with all
members present voicing, aye.
Item No. 12 — Parking Garage Update
Assistant Director of Public Services Maiworm made the staff presentation. He provided a brief
history of the project and went through each of the results for the selections the Council had
previously made.
• Minneola Avenue & 71h Street
o Total Cost $8.267 Mil
■ Construction — 6.3 mil
■ Design — 945,000
■ Land Acquisition — 1.022m
• City Hall Parking Lot
o Total Cost: $10 Mil
■ Construction - $10 Mil
■ Design - $1.5 Mil
■ Land Acquisition - $0
• Osceola Avenue & 71h Street Site
o Total Cost: $13.685 Mil
■ Construction - $9.9 Mil
■ Cost Design - $1.485 Mil
■ Land Acquisition - $2.3 Mil
15
City of*Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
Mayor Murry opened the floor for comments from the public.
Keith Mullins — Does not want to see the trees cut down in City Hall parking lot.
Darren Johnson — Any location is better than no location, but he is opposed to the City Hall lot.
Encouraged the Council to look at where the development is happening which is on the west side
of town.
Patrick Bianchi — Agrees with the Darren Johnson about choosing a site where development is
happening. Does not feel that City Hall is a good primary site for a parking garage.
Charlene Forth, 939 Desoto Street — Does not believe that it should be a public private partnership.
Seeing no further comments, the Mayor closed the floor.
Council Member Bates asked if the properties that were studied are available for purchase. Mr.
Maiworm said that he is unaware.
Council Member Pines strongly indicated that City Hall is the only appropriate location.
Council Member Entsuah talked about adding diagonal parking and one way streets.
Council Member Purvis would like to permanently close Montrose Street.
The Council gave a consensus that staff should bring back additional City Hall information
including concept plans.
16
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 22, 2021
ADJOURN: With no further comments, this meeting adjourned at 11:26 pm.
ATTEST:
Tracy Ackroyd
n
City Clerk
17
APPROVED:
�y
Tim Murry, May
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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 1
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
CASE NO: 2020 CA 1009
VP DEVELOPMENT ENTERPRISES, LLC,
Plaintiff,
VS.
THE ART DISTRICT, LLC,
Defendant.
THE ART DISTRICT, LLC,
Counter -Plaintiff,
VS.
VP DEVELOPMENT ENTERPRISES, LLC, and
CITY OF CLERMONT, FLORIDA, a political
subdivision of the state of Florida,
Counter -Defendants.
WA
MEETING OF THE BOARD
OF THE CLERMONT CITY COUNCIL
June 22, 2021
10:00 p.m. - 10:45 p.m.
Stenographically Reported By:
Soon Britt, Notary Public and
Florida Professional Court Reporter
0 ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 2
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
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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 3
Proceedings taken before Soon Britt, Court Reporter
and Notary Public in and for the State of Florida at
Large, in the above cause.
P R O C E E D I N G S
MR. MANTZARIS: Okay. We're going to start
the closed session meeting now.
So as you know, there's a couple -- a couple
of times that you can meet out of the Sunshine law.
This is one of the exemptions and has to do with
ongoing litigation that the City is involved in.
Pursuant to the law, what we have to do is, we have
to have this meeting in closed session, as we
announced and as the Mayor read.
The court reporter is going to take everything
down. So the first thing about any of these things
is, it's very difficult for her to talk (sic) when
you've got -- to get it all down when we've got --
there's eight of us in this room, so please do not
talk over each other so that she can get it all
down.
At the end of the day, she's going to have to
transcribe this meeting and it will be a part of
the record. And someone will have the right to
look at it once the litigation is completed.
0 ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 4
1 So with that, we have to focus on a couple of
2 things today under the statute and the exception.
3 There's only two real reasons we can meet, that is
4 to discuss litigation expense related to the
5 pending litigation and possible settlement related
6 to the pending litigation.
7 As part of that, though, we recognize we have
8 to give you a little discussion about the
9 underlying issues in the litigation that's going
10 on.
11 This is Tom Neal. You've all met him. He is
12 1 the City's lead litigation counsel on this matter,
13
and we're going
to go
through a
little
bit
of
the
14
litigation. I'm
going
to turn
it over
to
him
in a
15 1 second.
16 So I just want to make sure that we stay
17 focused on the issues of possible settlement and
18 litigation expense. And we'll go through a little
19 discussion about where we are with the third -party
20 complaint that's been filed against the City by the
21 Art District and the involvement of VP Development
22 in this issue.
23 And then we'll have an opportunity to ask some
24 questions -- you guys to ask some questions about
25 things and then we'll -- and then we'll move on
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 5
1 into possibly -- a discussion regarding possible
2 resolution for it, okay?
3 So with that, I'll turn it over to Tom and let
4 him move forward.
5 MR. BATES: Have we already gone around the
6 room and introduced -- typically you do that.
7 MR. MANTZARIS: I think she's got --
8 THE COURT REPORTER: I've got everybody.
9 MR. MANTZARIS: She's got everybody.
10 MR. NEAL: I gave her a list of everybody's
11 names so she is ready to go.
12 So good evening, everybody.
13 MR. PURVIS: Can we take notes? Are we
14 allowed to take notes?
15 MR. MANTZARIS: You can take notes, but
16 make -- but they are con- -- they are going to be
17 confidential. So please make sure you don't --
18 MR. PURVIS: Okay. So as long as we retain
19 them --
20 MR. MANTZARIS: Yeah. And you don't --
21 MR. PURVIS: -- confidentially it's okay?
22 MR. MANTZARIS: Yes.
23 MR. NEAL: So once again, good evening. This
24 is an opportunity to talk, like Dan said, outside
25 of the Sunshine to talk about the litigation
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 6
settlement.
The good news is we're early on in this case.
And it will only take me a little bit of time to
bring you up to speed on where the pleadings are in
the case, all with the mind of what are we going to
do to try to resolve this case, if it's time to
resolve it.
So I have brought -- and you don't have to
read these right now, but if you want to pass them
around, the only pertinent pleadings at this point
is what's been filed by the Art District against
the City and against VP Development.
They have amended their counterclaim. So the
original litigation, VP sued the Art District. The
Art District then brought a counterclaim against VP
Development. The counterclaim was amended to add
the City and to bring a third -party complaint. So
I'll go through the causes of action so you have an
idea of what's been alleged.
In count I, the Art District sued VP
Development for temporary and permanent injunctive
relief. Count II, they sued VP for trespass.
Count III is the first cause of action against the
City, and that's for declaratory judgment. Count
IV is breach of contract against the City. Then
0
ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 7
Count IV and V are allegations, causes of actions
alleging that we have violated our ordinances.
We filed a motion to dismiss and we do not
feel that these causes of action are well taken,
well pled. And the motion to dismiss is attached.
It's shown there as Exhibit B. And without going
into a lot of the legal issues involved in it, we
don't believe they properly stated a cause of
action.
Most -- most of the -- the gist of the motion
to dismiss has to do with standing. At this point, we
say it's premature to sue the City because there has not
been a resolution of the issues between VP and the Art
District.
What the counterclaim and third -party
complaint against the City pretty much says is, well, if
this happens in the litigation between VP and the Art
District, then the City is responsible because of things
they claim the City has done.
None of that has come to fruition, so we think
it's premature. That's the reason for the motion to
dismiss.
The way that works is that at some point
the Court will set a hearing -- or the parties will
agree to have a hearing and then the judge will decide,
0 ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 8
does the counterclaim and the third -party complaint
state a cause of action.
If the judge says, no, it doesn't allege
properly what it should have, he will give them a chance
to amend. So it doesn't mean the case will be over.
The case won't -- you don't -- win on motions to dismiss
very rarely.
So what happens is the judge will give them an
opportunity to amend their complaint -- their
counterclaim and restate it.
So that's as early as we are into that
litigation. You know, there is some other litigation
between VP and the Art District and they've been setting
depositions in that, which we know that is an effect
and -- a cause and effect that we have to deal with.
When we -- what we need to talk about today is
what can we do to resolve this to get out of the
litigation. And so what you need to hear from us is, as
you know, the cost and time of litigating. It's very
expensive to litigate and it's very time-consuming.
It's taking the City's time away from other things you
can be doing.
So to the extent that there's settlement
offers on the table -- and, I don't know, Dan, if you
want to jump back in on that.
0
ESQUIDEPOSITIORE
800.211.DEPO (3376)
Esquire Solutions. com
1
2
3
4
5
6
13
17
20
21
22
23
24
25
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 9
MR. MANTZARIS: Well -- and I will in a
second.
MR. NEAL: Okay.
MR. MANTZARIS: And then there's some -- well,
of course, what you want to talk about is
litigation expense, and there's always expenses
associated with litigation. I know you're all
cognizant of that.
But the key about the pleadings and where we
are in the pleadings, it really focuses down to the
two issues you've heard about for a long time,
right, the access piece to the VP Development
building. Because the very nature of the complaint
that the Art District filed against the City is
that -- VP Development is arguing that the City
guaranteed access to the building and that's
impacting the Art District, all right? That's the
genesis of their claim. So access is a big point.
The other point that's also referenced, and
that Tom mentioned compliance with the City codes,
is the allegation of the stormwater issue between
the two neighboring properties and what's happening
with the -- with the stormwater and how it flows
across the properties.
So the key component to the lawsuit that's
lj� ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 10
filed against the City really has to do with
problems associated with the issues -- not
necessary problems, but issues associated with the
VP Development buildings, right? So it's clear
(sic) to remember that for purposes of what we're
talking about tonight.
So we've been looking at this and we've been
discussing this with City staff and we've been
trying to work on them. And we thought, well, one
way to possibly move into potentially resolving
this issue is to see what we -- what the City could
do to address the issues related to the VP
Development.
The structure -- you know there's two
buildings on the VP Development site next door.
There's the back building, which is newer, and
there's the front building, which is referred to as
the Montrose Street -- which I'm going to refer to
as the Montrose Street building, which is
unoccupied right now as far as we know.
So as you know, the City and -- to try to
alleviate the problems -- VP Development has
entered into, basically, a deferral of enforcement
agreement to allow for temporary access of the rear
building to deal with the access issue that was
lg� ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 11
being experienced because of the fact that the --
VP Development couldn't have rear access onto the
Art District property, right? So we've got that
issue out there.
So we've looked at that issue and we thought
what's the quick -- what's the easiest way to be
able to address that?
Well, I think I sent you an e-mail that showed
you the -- gave you the pleadings in the ancillary
case that Tom talked to you about and about how VP
Development has argued in that case that that front
building on Montrose has been basically irreparably
damaged to the point that it has to be demolished.
That's their allegation that they put in it.
So one of -- one of the first steps that we
felt was a way to resolve it, and it's one of the
things we want to get council's direction on, is if
the City would be willing to essentially compensate
VP Development to demolish the Montrose Street
building.
If the Montrose Street building is demolished,
and talking with City staff and talking with the
building department -- then that would be able
to -- for the back building, VP Development to have
direct access to Montrose. So it would have its
0 ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 12
direct handicap -accessible access into its
building. And, therefore, the access issue that's
been alleged in the complaint filed against the
City by Art District would no longer be an issue.
Now, Tom mentioned the complaint. So really
their breach of contract claim against the City is
related to the fact that when the City sold the
property to Art District, the City signed off on a
typical seller's affidavit that says there's no
liens, there's no encumbrances, there's no
unrecorded easements or any of that.
So their position is, if VP Development is
right and if the City guaranteed them access --
which we don't believe the City guaranteed access.
But if VP Development is right and the City
guaranteed them access across that property that
the City sold to the Art District, then the City
has breached its contract for sale because we sold
them a piece of property without telling them about
this unrecorded access easement.
So that's where I'm trying to tie -- what
we're trying to explain to tie it all together. So
we think that if the VP Development building comes
down, the front Montrose Street building, then that
would provide the direct access.
ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 13
Removing that building would also provide for
stormwater options to address the other part of the
stormwater issue, and to keep the water that the
Art District is complaining is coming off of the VP
Development building onto their site and keep
Street and into the Montrose Street system to be
able to address that.
So
that's why we
think
if that
-- that part --
removing
that building
will
resolve
or could be
Now, the key component there from the City
Council's perspective, and this is the direction
that we really want to get (sic), we believe from a
risk perspective and exposure perspective, even
though we believe that the City did not guarantee
access, I have to believe...
We've looked at a lot of the documents. There
was a lot of discussion early on when the
properties were being considered to be sold to Art
District between, essentially, City management and
individuals, frankly, in the City manager's office
at the time about commitments to guaranteeing
access to VP Development. It didn't show up --
it's not shown up on the -- obviously it wasn't a
lg� ESQUIRE
800.211. DEPO (3376)
Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 14
1 matter of record, but there is some issue and
2 exposure there to the City on that -- on that part
3 of it all.
4 So what does that mean when I say exposure?
5 Well, you've heard this -- you've heard the claim
6 all along or you've heard the contention all along
7 that the City has to give him access -- give VP
8 Development access across the Art District
9 property.
10 Well, we can't do that. We can't make -- so
11 we can't give access across somebody else's
12 property. However, in theory, from an exposure
13 perspective, the City could be responsible for
14 damages associated with -- if VP Development takes
15 the position that, well, you can't make the access
16 happen, but I've been damaged now because I don't
17 have access.
18 So that's one of the reasons -- another reason
19 why we felt that a potential -- to consider
20 removing that first -- the building on Montrose.
21 Now, the fainters (phonetic), we've -- Susan
22 and I've talked about them. Mr. Purvis has been
23 involved in discussions. And so the rest of the
24 council is aware, was actually involved in a
25 discussion with VP Development about this as a
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 15
possibility early on
MR. PURVIS: With Dan and Susan.
MR. MANTZARIS: Yeah, exactly, the four of us
were in there, and Mr. Bianchi's attorney was on
the phone, as I recall. And we've had discussions
about it.
So what we're asking the council -- we don't
have anything official and you can't -- you're not
approving anything here tonight. All we're talking
about is trying to get some direction about a
possible resolution. Whatever comes out of this
meeting would have to be potentially negotiated,
brought back to you as the City council and you'd
be able to have an opportunity to review it and
make a final decision on that.
So what we're proposing is that the City
approach VP Development and the City essentially
enter into an agreement where the City would absorb
the cost of removing the Montrose Street building,
demolishing it completely.
We think for a couple reasons that that's --
that that's a good alternative. Obviously, it will
address the access point we're talking about. It
also -- as you know, that Montrose Street building
has there been a long time. It's not being used.
ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 16
It's not necessarily -- I can't tell you if it's a
blight on the community, but it's not the nicest
place there. And it would only do better for the
downtown area if it gets redeveloped.
If that's removed, then the onus would be
on VP Development to basically develop whatever
access they're going to use, the Montrose Street.
They would do --
they would
then have
the ADA
compliant access
needed for
the rear
building and
the access issue would go away.
We also understand, from talking to City staff
and the engineers that have looked at it, that the
removal of that building and the redesign of the
existing gutter system on the -- on the new
building could be done fairly inexpensively to
allow for the stormwater to flow towards Montrose
Street. And, therefore, the stormwater issue would
go away. So that would essentially involve all
three of the complaints that are in the Art
District's complaint against the City.
They -- and just to recap, so if the access is
no longer an issue for VP Development, then VP
Development no longer is arguing that they have a
right to access. And the City -- and the breach of
contract claim related to the sale of the property
lg� ESQUIRE
800.211. DEPO (3376)
Esquire Solutions. com
1
2
3
4
5
6
7
8
9
10
14
15
16
17
18
19
20
21
22
23
24
25
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 17
goes away because there is no longer an issue over
whether access was guaranteed. That's the tie-in
between the two -- between the two claims.
And so even though it appears that you're
providing benefit to VP Development, what actually
is happening is, it's a way for the City to
possibly extricate itself from this litigation at
a -- at a fairly reasonable cost.
We believe -- and, Susan, correct me if I'm
wrong, I think we believe that the cost of that
demolition would probably be in the 25 to $40,000
range. I think that's the general idea about it.
However, if council gives us direction tonight
to move in that -- in that -- towards that end, we
obviously would be able to -- we'd firm those
numbers up before you had to take any final action
on it.
So I'll stop right there. If there's any
questions or any --
MS. PINES: Would that satisfy them to
demolish it? I mean, are they going to expect
something more after that?
MR. MANTZARIS: Well, we --
MS. PINES: I mean, I know that would be part
of the agreement --
0
ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
011
22
23
24
25
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 18
MR. MANTZARIS: Well, I can't guarantee that
because --
MS. PINES: Yeah.
MR. MANTZARIS: -- part of this is, it's
always been somewhat of a moving target.
MS. PINES: Yeah.
MR. MANTZARIS: Mr. Mayor, we need to make
sure that we're getting this all.
So it's always been somewhat of a moving
target. We have had preliminary discussions with
Tyler Van Voorhees, who is the attorney for VP
Development. And his biggest concern was the
impact of demolishing this building on the other
lawsuit that they have in which they -- where VP
Development has sued the Art District for damage to
that building.
MS. PINES: Right.
MR. MANTZARIS: And Tom is the litigator, so
he can further clarify, but there's a way to
protect their claim to that building. In other
words, they filed a lawsuit on a day and said that
that building is damaged. Well, that building was
damaged on a day prior to today.
MS. PINES: Yeah.
MR. MANTZARIS: So they should be able to
ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 19
document all that before the building is demolished
and they should be able to protect their claim to
do that. We wouldn't be part of that, of course.
So that was one of the discussions -- preliminary
discussions we've had with them.
They have also -- they have also asked, as
part of this, that if the City is going to consider
this, that the City's building official make a
determination that the building is structurally
unsound, that the -- the Montrose building. And
the City's building official has looked at it
and he is prepared to make that determination due
to some of the issues associated with it.
And there's a lot more to that, that I
recently found out, about what happened during the
ongoing construction of the Art District property
and that building and some things that were done to
try to shore up a foundation by the Art District to
right it. So we think those are the two main
issues from them. Whether they want something else
or not, I can't -- I can't tell you about it. I
can't tell you --
MS. PINES: That's what it seems like, you
know, because we would take care of one thing, and
then, okay, well, then now we want this, and then
ESQUIRTE
800.211. DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 20
now we want that. And then it's just going to keep
going.
MR. MANTZARIS: Right.
MR. PURVIS: This is Jim Purvis, for the court
reporter.
You're correct, it's not just the demolition
of the building. They are going to be looking for
some compensation for loss of rent, loss of future
rent, whatever.
I can't -- I can't promise that this is a good
number, but in the few conversations that I've had
with Mr. Bianchi, I get the feeling that this is
about 130 to $150,000 settlement in total. We just
bought a boat for $135,000 tonight, folks.
I think we need to seriously think about
Dan's, I guess, recommendation that we give this
some serious thought about moving forward and
getting off of the dime. Because we're not serving
ourselves, the City or the taxpayers any good with
this continuing.
MR. BATES: We'll end up spending twice that
much if we just let it --
MR. PURVIS: And that was my next -- follow-up
question to Tom.
Tom, what would the litigation be if we took
lg� ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 21
1 this to the Supreme Court?
2 MR. NEAL: Well, we can't go to the Supreme
3 Court, but this type of litigation, you're talking
4 six figures once it's all said and done.
5 MR. MANTZARIS: And just to be -- the
6 conversations that we've had with VP Development's
7 attorney did not talk about any other -- any other
8 compensation levels about it, so we haven't heard
9 any of that.
10 And I'm not saying that that's not out there.
11 I always -- we always have to assume that once you
12 open the door to negotiations they're going to --
13 MR. PURVIS: Well, I asked the question.
14 MR. MANTZARIS: Okay.
15 MR. PURVIS: I mean, I actually broached the
16 subject.
17 MR. MANTZARIS: Okay. So --
18 MS. PINES: Where would the money come from?
19 Do we have any idea where it would come from?
20 MR. MANTZARIS: Well, we can -- we can get to
21 that point before you have to make a final
22 approval.
23 MS. PINES: Yeah.
24 MR. MANTZARIS: And I'd sort of hold off on
25 1 that and give Susan the opportunity to do that.
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions.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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 22
MS. PINES: Yeah.
MR. MANTZARIS: I mean, there's --
MR. PURVIS: Are there any insurance funds --
MR. MANTZARIS: No.
MR. PURVIS: -- available for this at all?
MR. MANTZARIS: No. This is not covered --
MR. PURVIS: I think that was your question
really.
MR. MANTZARIS: No. They --
MS. PINES: Yeah, I think I had heard that it
wasn't covered by insurance already, so -- because
I'm kind of just --
MR. MANTZARIS: Yeah, the --
MS. PINES: -- pushing to just do something --
just get rid of the building and that'll be it.
MR. MANTZARIS: And so we can -- we can -- if
we get to the point where we can resolve this and
we can present a settlement agreement that deals
with -- then at that point -- before we get to that
point, then, you know, we can work with Susan in
the finance department and figure out what -- where
the money is going to come from to be able to
address it, to deal with it.
So for tonight what we're looking at is
really -- looking at, if the council is okay, with
lg� ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
1
oil
5
6
7
:
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 23
us opening up negotiations to try to resolve it
along the lines that we're talking about and to see
what it is.
Now, we also have to tell you that we did
receive today, about -- I don't know, about 2:00
o'clock this afternoon, a settlement offer from the
Art District for the same litigation we're talking
about.
And the Art District and -- I'm not sure of
the timing of it all. We take very much -- very
great pride in the attorneys in our firm that are
working on this. But we did send them, and you'll
see it, a fairly exhaustive motion to dismiss that
basically attacks them on a lot of their legal
issues.
I'm not -- I'm not going to say that's what
motivated the settlement offer. But I'm going to
say it's probably more than a coincidence that they
came back with an offer that essentially says, if
you, the City, agree to pay Art District the
attorneys' fees they've incurred in this part
relating to the City and agree, basically, to move
forward, then they'll settle the case.
Now, we are not recommending that. I'm just
communicating to you that that is also --
ESQUIDEPOSITIORE
800.211.DEPO (3376)
Esquire Solutions. com
lim
2
3
M
5
6
7
8
9
10
13
14
18
19
20
21
lox
23
24
25
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 24
MR. PURVIS: Cost more --
MR. MANTZARIS: Yeah. And we wouldn't do
that, because we have no idea what the amount is.
The other -- the other pieces of the
settlement have to do with things like --
respectfully, I have to tell you, they want the
council to leave them alone. I believe -- they
believe -- they believe that the council has been
beating them up. They want to -- and they want to
address some of the other issues that are floating
around.
And as you know, with the Art District
property, there are some other issues. You heard
the issue about the outdoor -- the outdoor seating
cafes, those issues. There are some issues about
them wanting to put some benches on there. There
is an issue -- a final issue related to the final
reimbursement payment that's due to Art District on
it, which we've explained to them in no uncertain
terms that the City is ready to pay that.
That's all been vetted out. The finance
department has looked at it, however, we need an
easement agreement from you to -- before we can do
that. And that's what's holding up the final
payment. It's not anything the City has done, but
ESQUIDEPOSITIORE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 25
they want to just wrap it all up and resolve it.
Again, we haven't really digested that because
we only just got it a few hours ago. Couldn't tell
you what their number is, but that would be a -- in
my -- in my view, and Tom can correct me if I'm
wrong, that would sort of be a secondary path to do
that.
One of the reasons why we are -- again, we're
willing to recommend the demolition of the Montrose
Street building is because we think it offers an
overall improvement to the downtown. It's money
that's spent to take down a building that
ultimately gets redeveloped. And if the VP
Development folks are who they say they are, then
maybe they'll redevelop it.
MR. BATES: Do we got the means to do that
internally ourselves or
MR. PURVIS: I was just going to --
MR. MANTZARIS: We possibly have the means to
do that. The only issue with it is that it's an
old building and it probably has an asbestos piece
in it. So I do not think -- I think we'd have to
do an -- I think an outside company would have to
do the asbestos remediation, or however that's
done, before staff comes with a front end loader
0
ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
1
2
3
IR
5
6
7
8
9
10
11
12
13
14
15
I.,
20
21
22
23
24
25
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 26
and tears it down.
MR. PURVIS: Just speaking from my 30-plus
years in insurance, primarily claims, we don't want
to be the demo guy because, allegedly, Art District
underpinned part of that foundation. If that's
true, the underpinning is probably going to be
impacted, if not removed. And sure enough, Art
District is going to come back and say, well, now
you've damaged my building because that
underpinning also went under my foundation.
We just don't want to deal with it. Hire a
third party with good insurance and wish them well.
MR. MANTZARIS: And I think that's typically
how it -- I think our first prong on that would be
to come to an agreement as to an amount and to let
Art District have those funds and let -- I'm sorry,
VP Development have those funds and let them hire
the person to tear it down.
I think that would be the first way to address
it. This way, all the responsibility is --
MR. PURVIS: We don't want to be the demo guy.
MR. MANTZARIS: Right. Exactly. So we'll
work towards that end. Again, the settlement offer
from the Art District piece is something we really
haven't vetted out too well and we're not even sure
0
ESQUIDEPOSITIORE
800.211.DEPO (3376)
Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 27
1 what that really means.
2 Although we think this is an approach that
3 might -- I guess, this might -- it might really gut
4 their claims in their third -party complaint, which,
5 of course, would give Art District really very
6 little to argue with the City about and to deal
7 with that.
8 1 There is also another option on the stormwater
9 1 piece that we would want to explore. Because as
10 you recall, we negotiated -- and I think this is
11 one of the first big meetings that Susan was
12 involved in as interim City manager, we worked with
13 the parties to try to negotiate a tri-party
14 agreement that included a connection of the
15 stormwaters -- the stormwater outflow from the VP
16 Development site to the Art District site.
17 There's still an option to reconsider that if
18 the parties might -- might do it. The City agreed
19 to do -- pay for the connection piece at that
20 point -- at that time.
21 Obviously that never happened because that
22 agreement was never completed, but -- then that's
23 still another option out there. We might want to
24 do that, depending on what City staff is -- I think
25 City staff's current position is that with the --
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 28
with the anticipated improvements to the stormwater
system from Montrose, it might still be better to
have all the water from those buildings -- those
new buildings run into the new Montrose collection
system when it's put in place. However, that's,
what, two years away, probably, two -plus years
away.
So that's kind of where we are with it.
That's our plan, to hopefully try to get it -- get
it resolved. It does -- it requires, obviously,
direction from the council, that you want us to try
to work towards a resolution.
Again, you obviously get -- not going to act
on it until you see the devil in the details and
then -- and be able to vote on it at a council
meeting after you have public input and be able to
address it.
MR. PURVIS: I'm in complete favor of moving
forward at this point.
MS. PINES: Me too.
MR. ENTSUAH: Absolutely.
MR. BATES: I think we're being kind of
worked. I think this may be, you know, his plan
all along to some degree.
MR. PURVIS: We learned a good lesson on this
ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 29
1 venture.
2 MR. BATES: We have, but I'm ready to cut our
3 losses and move forward. I'm tired of dealing with
4 it.
5 MR. MANTZARIS: Mr. Mayor, do you have
6 something?
7 MAYOR MURRY: Well, I tend to agree with
8 Mr. Bates there. And I've been saying all along
9 the real devil here is Mr. VP.
10 I know for a fact -- I've been around here too
11 many years. I know for a fact that building was
12 damaged. And that's the reason he built the
13 building -- the second building, why he did,
14 because he knew if he had connected that building,
15 the two buildings together, he would have had to do
16 something with that first building.
17 So he done -- he erected the second building
18 with the little space in between. Now he's forcing
19 us to pay for his demolition. And, yes, it does
20 have asbestos. I mean, that building was here when
21 I was a kid. And I knew the owner when he moved
22 out of there a few years ago.
23 The reason he left was because it was going to
24 cost him too much money to do the fix on the
25 building, all right? He used to be my insurance
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
1
2
3
4
5
6
7
8
9
10
14
15
16
17
20
21
22
23
24
25
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 30
agent, Lindenbaum (phonetic), okay? So I know. He
bought it and now he's finagled us. And he's doing
all of this here, just like he did us tonight,
okay? We just got used again tonight.
MR. MANTZARIS: Mr. Mayor, you don't want to
talk about that.
MAYOR MURRY: But anyway --
MR. MANTZARIS: Thank you, Mr. Mayor.
MAYOR MURRY: -- I'm like Mr. Bates there, I
think we've been used in this whole thing and he's
going to get what he wanted. The cheapest way out
is to go ahead and settle this, but I'm not -- I'm
not sure if that's going to solve the whole issue.
MR. MANTZARIS: Well, we're going to give it a
shot. And -- and --
MAYOR MURRY: If we do and then we come back
later and we do this, what's the next thing on the
agenda? What are we going to be caught up with
next?
MR. MANTZARIS: Well, first of all, we're --
we are not going to recommend that the City pay any
money towards anything unless we are able to
negotiate a complete release of all issues
associated with VP Development and then possibly
the Art District if we're doing any negotiation.
0
,,00, ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 31
Again, even though the lawsuit has been filed
by Art District against the City, we believe that
the resolution of the VP Development site and --
guts the lawsuit from Art District. So that's how
they're intertwined.
And so the idea would be, and Susan told me
this from the very beginning when we talked about
this, is we're not offering -- we're not going to
agree to give them any money unless we completely
end this, because obviously --
MR. PURVIS: Positively.
MS. PINES: Right.
MR. BATES: I'm in agreement there.
MR. MANTZARIS: And so we want to make sure we
do that.
MR. NEAL: If you look at the pleadings, the
cause of action is declaratory damage, the cause of
action against us. And what that says is -- the
Art District saying, we don't agree with VP, but if
VP is right in what they're saying, then we
transfer to the City.
And so if the problem with VP goes away, we
should be able to put the whole thing to bed.
And as Dan said, there is no reason for us to
piecemeal a settlement. If we're going to settle
0 ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 32
this, we're going to put it all to bed to the
extent possible.
MAYOR MURRY: But it wasn't VP that brought us
into the lawsuit, was it?
MS. PINES: No.
MR. NEAL: No. No.
MR. MANTZARIS: But, again, their -- for lack
of a better term, if this issue gets resolved with
VP Development and VP Development is no longer
demanding the access piece, then that part of the
complaint that they filed against the City goes
away. It kind of falls like a house of cards,
because it's all -- it's all predicated on the
access piece.
MR. NEAL: Right.
MR. MANTZARIS: That's the -- the declaratory
judgment that Tom is referring to is they're asking
the Court to make a determination about whether the
City promised them access towards Minneola, right?
And that's the determination.
Now, it's out of the rear of VP Development,
which is -- I still don't understand why it's
addressed Minneola, but -- I still don't understand
that.
MR. PURVIS: They got an address from the post
0 ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 33
1 1 office.
2
MAYOR MURRY: That was all part of the plan,
3 1 you know.
4
5
6
7
8
9
10
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. MANTZARIS: So this is where -- I think
this is where we're headed. This is going to take
a little bit of work and our office -- we'll try
to -- we'll try to get it done and do this. And as
we go through this, hopefully we can get a
resolution.
Tom has already reached -- we've reached out
to the attorneys for the other side, at least to
try to talk about possible resolution of this.
I've had initial conversations with the VP
Development attorney with regard to the demolition
of this building.
We will flat out talk about the other monetary
issues so we get a handle on those right from the
beginning, so that's not something that gets thrown
at us. We'd like to move very quickly.
We obviously have this issue with the delay
and the enforcement of the issue related to access,
for them not having a CO. That expires in
September. So we're hoping that we can -- we can
get this thing all resolved by then so that they
have direct access to their rear building, which
0 ESQUIRE ON
(3376)
DEVOSI TION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 34
1
would be
the
only
building on
the site at
the time.
2
They can
get
their
permanent
certificate
of
3
occupancy.
And then this
third -party complaint
4
that's been
filed against
the City essentially goes
5 1 away.
6 Ebo, did you have a question?
7 MR. ENTSUAH: No.
8 MR. MANTZARIS: Okay. All right. So --
9 MS. PINES: Well, this should all work out
10 because we're all good neighbors and we're all in
11 this together, right?
12 MR. MANTZARIS: Well, I can --
13 MS. PINES: Since we are, we're trying to work
14 together, then we should get it resolved very
15 quickly.
16 MR. MANTZARIS: I will tell you -- I will tell
17 you this -- and I'm -- because I want the council
18 to remember this, and I say this respectfully,
19 we've looked -- we've been through all the
20 documents on this thing. We spent a lot of --
21 we've got -- attorneys in our office that have been
22 diving through all this stuff.
23 The best thing I can tell you about this whole
24 situation is that both of these parties were given
25 1 a lot of leeway by upper management staff here at
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 35
the City.
MS. PINES: By people no longer here.
MR. MANTZARIS: Exactly.
MAYOR MURRY: Yes.
MR. MANTZARIS: And both of them took
advantage of it at different times and at different
levels and that's where we are now.
So even though there's a lot of back and forth
about a lot of stuff, I think for lack of a better
expression, they're probably equally at fault for
where we -- for where we are on this thing.
MAYOR MURRY: As I told you before,
Mr. Mantzaris, I think the City has a part to play
in it, we do, we did some wrong there and both of
them did some wrong as well. All three of us did
some wrong.
But I just -- I just hate -- hate just
settling with someone when I know that they helped
create a lot of the problem and everything. And we
are all neighbors, but it don't seem like we can
play in the same sandbox together, so --
MS. PINES: Well, what we have to do is make
sure this council and our new staff that we have
doesn't create these issues anymore.
MAYOR MURRY: That's true.
0 ESQUIRE
800.211. DEPO (3376)
Esquire Solutions. com
1
2
3
4
5
6
7
8
9
10
13
14
15
16
17
18
19
20
21
22
23
24
25
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 36
MR. MANTZARIS: And I assure you, Tom and I,
we wouldn't be recommending that the City do
anything on this but for the fact that there is...
As I say, I think there is some risk exposure
maybe not from a legal perspective exactly, but
from definitely a political perspective of the
activities that happened prior -- at the time with
regard to this access issue.
I mean, there is a clear trail of e-mails that
talk about, don't worry about your access, don't
worry about your access. And from -- you know,
nobody, that's -- Michele pointed out, nobody
that's with the City anymore, so...
MAYOR MURRY: At this point, I tend to agree
with you. Best thing right now is to go ahead and
try to pursue this avenue. Like I say, I -- I
know -- just what I've read, I know the City has
some responsibility. And how much and how
the courts look at it, I don't know.
MR. MANTZARIS: Okay. So any --
MS. PINES: Is that it?
MR. MANTZARIS: -- any other questions on
this.
MR. PURVIS: No. I just want to say thank you
to both of you.
0 ,,0j ESQUIDEPOSITIORE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 37
And, Dan, especially your staff at your
office. This is a sticky wicket on a good day and
it's just time for us to suck it up and get past
it.
MR. MANTZARIS: Well, truthfully, Tom is
running lead on that piece --
MR. PURVIS: Okay.
MR. MANTZARIS: -- with a very talented young
associate in our office. And so -- and they're
doing -- they're doing a great job on it, getting
us to this point.
MR. PURVIS: As the cable guy says, get her
done.
MAYOR MURRY: Get her done.
MR. MANTZARIS: Okay. Anything else?
MS. PINES: Nope.
MR. MANTZARIS: Okay. So now we are off the
record. Don't talk about anything else except for
how tired you are.
(Remote proceedings concluded at 10:45 p.m.)
0 ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. 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
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT 38
CERTIFICATE OF REPORTER
STATE OF FLORIDA )
COUNTY OF ORANGE )
I, SOON BRITT, a shorthand reporter and notary
public, within and for the State of Florida, do hereby
certify that that this transcript is a true record of
the proceedings.
I further certify that I am not related to any
of the parties to this action by blood or marriage, and
that I am in no way interested in the outcome of this
matter.
Dated this 1st day of July, 2021.
6.
SOON BRITT, Court Reporter
Notary Public - State of Florida
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT Index: $135,000..assure
Exhibits A
7198163 Mee
ting.
of the Boar
d.EXHIBITA
7198163 Mee
ting.
of the Boar
d.EXHIBITB
7:6
$135,000
20:14
$150,000
20:13
$40,000
17:11
F1
130
20:13
2
25
17:11
2:00
23:5
3
30-plus
2 6 : 2
Absolutely
2 8 : 2 1
absorb
15:18
access
9:12,16,
18 10:24,
25 11:2,
25 12:1,
2,13,14,
16,20,25
13:17,24
14:7,8,
11,15,17
15:23
16:7,9,
10,21,24
17:2
32:10,14,
19 33:21,
25 36:8,
10,11
act
28:13
action
6:18,23
7:4,9 8 : 2
17:16
31:17,18
actions
7:1
activities
3 6 : 7
ADA
16:8
add
6:16
address
10:12
11:7
13:2,8
15:23
22:23
24:10
26:19
28:17
32:25
addressed
32:23
advantage
35:6
affidavit
12:9
afternoon
2 3 : 6
agenda
30:18
agent
30:1
agree
7 : 2 5
23:20,22
29:7
31:9,19
36:14
agreed
27:18
agreement
10:24
15:18
17:25
22:18
24:23
26:15
27:14,22
31:13
ahead
30:12
36:15
allegation
9:21
11:14
allegations
7:1
allege
8:3
alleged
6:19 12:3
allegedly
2 6 : 4
alleging
7 : 2
alleviate
10:22
allowed
5:14
alternative
15:22
amend
8:5,9
amended
6:13,16
amount
24:3
26:15
ancillary
11:9
announced
3:14
anticipated
28:1
anymore
35:24
36:13
appears
17:4
approach
15:17
27:2
approval
21:22
approving
15:9
area
16:4
argue
27:6
argued
11:11
arguing
9:15
16:23
Art
4:21
6:11,14,
15,20
7:13,17
8:13
9:14,17
11:3
12:4,8,17
13:4,20
14:8
16:19
18:15
19:16,18
23:7,9,20
24:12,18
26:4,7,
16,24
27:5,16
3 0 : 2 5
31:2,4,19
asbestos
25:21,24
29:20
associate
37:9
assume
21:11
assure
0 ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICTndex: attached.. company
3 6 : 1
attached
7:5
attacks
23:14
attorney
15:4
18:11
21:7
33:14
attorneys
23:11
33:11
34:21
attorneys'
2 3 : 2 1
avenue
36:16
3 0 : 9
31:13
beating
24:9
bed
31:23
32:1
beginning
31:7
33:18
benches
24:16
benefit
17:5
Bianchi
20:12
Bianchi's
15:4
aware
big
14:24
9:18
- 27:11
B
back
8:25
10:16
11:24
15:13
23:19
26:8
30:16
35:8
basically
10:23
11:12
16:6
23:14,22
Bates
5 : 5 2 0 : 2 1
25:16
28:22
29:2,8
biggest
18:12
bit
4:13 6:3
33:6
blight
16:2
boat
20:14
bought
20:14
3 0 : 2
breach
6 : 2 5 12:6
16:24
breached
12:18
bring
6:4,17
broached
21:15
brought
6:8, 15
15:13
3 2 : 3
building
9:13, 16
10:16,17,
19,25
11:12,20,
21,23,24
12:2,23,
24 13:1,
5,10
14:20
15:19,24
16:9,13,
15 18:13,
16,20,22
19:1,8,9,
10,11,17
20:7
22:15
25:10,12,
21 26:9
29:11,13,
14,16,17,
20,25
33:15,25
34:1
buildings
10:4, 15
28:3,4
29:15
built
29:12
C
cable
37:12
cafes
24:15
cards
32:12
care
19:24
case
6:2,5,6
8:5,6
11:10,11
2 3 : 2 3
caught
30:18
certificate
34:2
chance
8:4
cheapest
30:11
City
3:11 4:20
6:12,17,
24,25
7:12,16,
18,19
9:14,15,
20 10:1,
8,11,21
11:18,22
12:4,6,7,
8,13,14,
15,17
13:12,16,
21,22
14:2,7,13
15:13,16,
17,18
16:11,20,
24 17:6
19:7
20:19
23:20,22
24:20,25
27:6,12,
18,24,25
3 0 : 2 1
31:2,21
32:11,19
34 :4
35:1,13
36:2,13,
17
City's
4:12 8:21
19:8,11
claim
7:19 9:18
12:6 14:5
16:25
18:20
19:2
claims
17:3 2 6 : 3
27:4
clarify
18:19
clear
10:4 3 6 : 9
closed
3:7,13
codes
9:20
cognizant
9:8
coincidence
23:18
collection
28:4
commitments
13:23
communicati
ng
2 3 : 2 5
community
16:2
company
1�� ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISff" 515mpensate..Development
2 5 : 2 3
compensate
11:18
compensatio
n
2 0 : 8 2 1 : 8
complaining
13 :4
complaint
4:20 6:17
7:16 8:1,
9 9:13
12:3,5
16:20
27:4
32:11
34:3
complaints
16:19
complete
28:18
3 0 : 2 3
completed
3 : 2 5
27:22
completely
15:20
31:9
compliance
9:20
compliant
16:9
component
9:25
13:12
con-
5:16
concern
18:12
confidentia
1
5:17
confidentia
lly
5:21
connected
29:14
connection
27:14,19
considered
13:20
constructio
n
19:16
contention
14:6
continuing
20:20
contract
6 : 2 5
12:6,18
16:25
conversatio
ns
20:11
21:6
33:13
correct
17:9 20:6
25:5
cost
8:19
15:19
17:8,10
24:1
29:24
council
14 : 24
15:7,13
17:13
22:25
24:7,8
28:11,15
34:17
35:23
council Is
11:17
13:13
counsel
4:12
count
6:20,22,
23,24 7:1
counterclai
m
6:13,15,
16 7:15
8:1,10
couple
3:8 4:1
15:21
court
3:15 5:8
7:24 2 0 : 4
21:1,3
32:18
courts
36:19
covered
22:6,11
create
35:19,24
current
27:25
cut
29:2
D
damage
18:15
31:17
damaged
11:13
14:16
18:22,23
26:9
29:12
damages
14 : 14
Dan
5:24 8:24
15:2
31:24
37:1
Dan Is
20:16
day
3:22
18:21,23
3 7 : 2
deal
8:15
10:25
22:23
26:11
2 7 : 6
dealing
29:3
deals
22:18
decide
7 : 2 5
decision
15:15
declaratory
6:24
31:17
32:16
deferral
10:23
degree
28:24
delay
3 3 : 2 0
demanding
32:10
demo
26:4,21
demolish
11:19
17:21
demolished
11:13,21
19:1
demolishing
15:20
18:13
demolition
17:11
20:6 25:9
29:19
33:14
department
11:23
22:21
24:22
depending
27:24
depositions
8:14
details
28:14
determinati
on
19:9,12
32:18,20
develop
16:6
Development
4:21
6:12,16,
0 ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICffidex: Development's..fact
21 9:12,
4:4
documents
3:22
7:6
15 10:4,
discussing
13:18
17:14
existing
13,15,22
34:20
20:21
10:8
16:14
11:2,11,
25:25
19,24
discussion
door
26:23
expect
:15
12:12,15,
4:8,19
31:10
17:21
23 13:5,
5:1 13:19
2112
21.
24 14:8,
14:25
downtown
enforcement
expense
10:23
4:4,18
14,25
discussions
16:4
33:21
9:6
15:17
14:23
25:11
16:6,22,
15:5
due
engineers
expenses
23 17:5
18:10
19:12
16:12
9:6
18:12,15
19:4,5
24:18
enter
expensive
25:14
15:18
8:20
26:17
dismiss
27.16
7:3,5,11,
E
entered
experienced
30:24
22 8:6
10:23
11:1
31:3
23:13
e-mail
ENTSUAH
expires
32:9,21
District
11:8
28:21
33:22
33:14
4 21
e-mails
34:7
explain
Development
6:11,14,
36:9
equally
12:22
Is
15,20
21:6
7:14,18
early
35:10
explained
8:13
6:2 8:11
erected
24:19
devil
9:14,17
13:19
29:17
explore
28:14
11:3
15:1
29:9
essentially
27:9
12:4,8,17
easement
11:18
difficult
13:4,21
12:20
13:21
exposure
3:17
14:8
24:23
15:17
13:15
18:15
14:2,4,12
digested
19:16,18
easements
16:18
36:4
25:2
23:7,9,20
12:11
23:19
34:4
expression
dime
24:12,18
easiest
35:10
20:18
26:4,8,
11:6
evening
16,24
5:12,23
extent
direct
:
Ebo
8:23 32:2
11:25
34:6
everybody's
12:1,25
30 :25
5:10
extricate
:
31:2,4,19
effect
17:7
exception
direction
District's
8:14,15
4:2
11:17
16:20
else's
g
exemptions
13:13
diving
14:11
3:10
15:10
34:22
encumbrance
fact
17:13
s
exhaustive
11:1 12:7
28:11
document
12:10
23:13
29:10,11
19:1
discuss
end
Exhibit
36:3
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT Index: fainters..idea
fainters
14:21
fairly
16:15
17:8
23:13
falls
32:12
fault
35:10
favor
28:18
feel
7:4
feeling
20:12
fees
2 3 : 2 1
felt
11:16
14:19
figure
2 2 : 2 1
figures
21:4
filed
4:20 6:11
7:3 9:14
10:1 12:3
18:21
31:1
32:11
34 :4
finagled
30:2
final
15:15
17:16
21:21
24:17,24
finance
22:21
24:21
firm
17:15
23:11
fix
29:24
flat
33:16
floating
24:10
flow
13:6
16:16
flows
9:23
focus
4:1
focused
4:17
focuses
9:10
folks
20:14
25:14
follow-up
2 0 : 2 3
forcing
29:18
forward
5 : 4 20:17
23:23
28:19
29:3
found
19:15
foundation
19:18
26:5,10
f rankly
13:22
front
10:17
11:11
12:24
25:25
fruition
7:20
funds
2 2 : 3
26:16,17
future
20:8
G
gave
5:10 11:9
general
17:12
genesis
9:18
gist
7:10
give
4 : 8 8:4,8
14 : 7 , 11
20:16
21:25
27:5
30:14
31:9
good
5:12,23
6:2 15:22
20:10,19
26:12
28:25
34:10
37:2
great
23:11
37:10
guarantee
13:16
18:1
guaranteed
9:16
12:13,14,
16 17:2
guaranteein
g
13:23
guess
20:16
27:3
gut
27:3
guts
31:4
gutter
16:14
guy
26:4,21
37:12
guys
4:24
H
handicap -
accessible
12:1
handle
33:17
happen
14:16
happened
19:15
27:21
3 6 : 7
happening
9:22 17:6
hate
35:17
headed
33:5
hear
8:18
heard
9:11
14:5,6
21:8
22:10
24 : 13
hearing
7:24,25
helped
35:18
hire
26:11,17
hold
21:24
holding
24 : 24
hoping
33:23
hours
25:3
house
32:12
I
idea
6:19
17:12
21:19
24:3 31:6
0 ESQUIRE 800.211.DEPO (3376)
DEVOSI ESQUIRE
Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING
VP DEVELOPMENT ENTERPRISES vs THE ART
DISTRICT
June 22, 2021
Index: Il..make
II
3 1 : 5
---
32:4
2 1 : 3 2 3 : 7
6:22
introduced
LT
lead
litigator
III
5:6
4:12 37:6
18:18
6:23
involve
Jim
learned
loader
impact
16:18
20:4
28:25
25:25
18:13
involved
job
leave
long
impacted
3:11 7:7
37:10
24:7
5:18 9:11
26:7
14:23,24
judge
15:25
leeway
impacting
P g
27:12
7:25 8:3,
34:25
longer
9:17
involvement
8
12:4
left
improvement
4:21
judgment
2923
16:22,23
25:11
irreparably
6:24
17:1 32:9
11:12
32:17
legal
35:2
improvement
7:7 23:14
s
issue
�P
36:5
looked
28:1
4:22 9:21
8:25
11:5
10:,5
- -
lesson
13:18
included
28:25
16:12
27:14
11:4
K
12:2,4
----
levels
19:11
incurred
13:3 14:1
21:8 35:7
24:22
23:21
16:10,17,
key
34:19
9:9,25
liens
individuals
22 141
13:12
12:10
loss
13:22
24:1,17
20:8
25:20
kid
Lindenbaum
inexpensive
P
30:13
29:21
30:1
losses
ly
32:8
kind
lines
29:3
16:15
33:20,21
22:12
23:2
lot
initial
36:8
28:8,22
7:7
33:13
issues
32:12
list
13:18,19
5:10
19:14
19:14
injunctive
4:9,17
knew
litigate
6:21
7:7,13
29:14,21
8:20
34:20,25
9:11
input
10:2,3,12
litigating
35:8,9,19
28:16
13:11
L
8:19
-
insurance
19:13,20
M
22:3,11
23:15
lack
litigation
_--
26:3,12
24:10,13,
32:7 35:9
3:11,25
29:25
15 30:23
4:4,5,61
main
33:17
law
9,12,14,
19:19
interim
35:24
3:9,12
18 5:25
make
27:12
6:14 7:17
4:16
internally
IV
lawsuit
9:25
8:12,18
5:16,17
25:17
6:25 7:1
18:14,21
9:6,7
14:10,15
intertwined
31:1,4
:7
1717:25
15:15
18:7
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRIGTex: management.. options
19:8,12
21:21
31:14
32:18
35:22
management
13:21
34:25
manager
27:12
manager's
13:22
Mantzaris
3:6 5:7,
9,15,20,
22 9:1,4
15:3
17:23
18:1,4,7,
18,25
20:3
21:5,14,
17,20,24
22:2,4,6,
9,13,16
24:2
25:19
26:13,22
29:5
30:5,8,
14,20
31:14
32:7,16
33:4
34:8,12,
16 35:3,
5,13
36:1,20,
22 37:5,
8,15,17
matter
4:12 14:1
Mayor
3:14 18:7
29:5,7
30:5,7,8,
9,16 32:3
3 3 : 2
35:4,12,
25 36:14
37:14
means
25:16,19
27:1
meet
3 : 9 4:3
meeting
3:7,13,23
15:12
28:16
meetings
27:11
mentioned
9:20 12:5
met
4:11
Michele
36:12
mind
6:5
Minneola
32:19,23
monetary
33:16
money
21:18
22:22
25:11
29:24
30:22
31:9
Montrose
10:18,19
11:12,19,
21,25
12:24
13:6,7
14:20
15:19,24
16:7,16
19:10
25:9
28:2,4
motion
7:3,5,10,
21 23:13
motions
8 : 6
motivated
23:17
move
4:25 5 : 4
10:10
17:14
2 3 : 2 2
29:3
33:19
moved
29:21
moving
18:5,9
20:17
28:18
MURRY
29:7
30:7,9,16
3 2 : 3 3 3 : 2
35:4,12,
25 36:14
37:14
N
names
5:11
nature
9:13
Neal
4:11
5:10,23
9 : 3 2 1 : 2
31:16
32:6,15
necessarily
16:1
needed
16:9
negotiate
27:13
3 0 : 2 3
negotiated
15:12
27:10
negotiation
3 0 : 2 5
negotiation
s
21:12
23:1
neighboring
9:22
neighbors
34:10
35:20
newer
10:16
news
6 : 2
nicest
16:2
notes
5:13,14,
15
number
20:11
2 5 : 4
numbers
17:16
re,
occupancy
34:3
offer
23:6,17,
19 26:23
offering
31:8
offers
8:24
25:10
office
13:22
33:1,6
34:21
37:2,9
official
15:8
19:8,11
ongoing
3:11
19:16
onus
16:5
open
21:12
opening
23:1
opportunity
4:23 5:24
8:9 15:14
21:25
option
27:8,17,
23
options
13:2
0 ESQUIRE 800.211.DEPO (3376)
DEVOSI TION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICIIndex: ordinances.. Purvis
ordinances
29:19
22:1,10,
Positively
problems
7:2
30:21
14 28:20
31:11
10:2,3,22
original
payment
31:12
possibility
promise
6:14
24:18,25
32:5
15:1
20:10
34:9,13
outdoor
pending
35:2,22
possibly
promised
24:14
4:5,6
36:21
5:1 10:10
32:19
outflow
people
37:16
17:7
27:15
35:2
place
25:19
prong
26:14
30:24
owner
permanent
16:3 28:5
properly
29:21
6:21 34:2
plan
Post
7:8 8:4
32:25
person P
28:9,23
Properties
p
26:18
33:2
potential
9:22,24
- --
14:19
perspective
Play
13:20
part
13:13,15
35:13,21
potentially
property
3:23 4:7
14:13
pleadings
10:10
11:3
13:2,9
36:5,6
6:4,10
15:12
12:8,16,
14:2
pertinent
9:9,10
predicated
19 14:9,
17:24
6:10
11:9
32:13
12 16:25
18:4
31:16
preliminary
19:16
19:3,7
phone
24:13
23:21
15:5
pled
18:10
26:5
7:5
19:4
proposing
phonetic
15:16
32:10
14:21
point
premature
33:2
30:1
6:10
7:12,21
protect
35:13
7:11,23
prepared
18:20
parties
piece
9:18,19
19:12
19:2
7:24
9:12
12:19
11:13
provide
27:13,18
15:23
present
12:25
25:21
21:21
22:18
34:24
26:24
13:1
22:17,19,
pretty
art
party
27:9,19
20 27:20
7:16
providing
26:12
32:10,14
28:19
17:5
37:6
36:14
pride
pass
23:11
public
6:9
piecemeal
37:11
28:16
past
31:25
pointed
primarily
36:12
26:3
purposes
37:3
pieces
10:5
path
24:4
political
Prior
pursuant
25:6
PINES
36:6
18:23
3:12
36:7
17:20,24
position
pay
18:3,6,
12:12
problem
Pursue
23:20
17,24
14:15
31:22
36:16
2:
27:19
19:23
27:25
35:19
Purvis
21:18,23
5:13,18,
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT Index: pushing.. running
21 14:22
15:2
20:4,23
21:13,15
22:3,5,7
24:1
25:18
26:2,21
28:18,25
31:11
32:25
36:24
37:7,12
pushing
22:14
put
11:14
24 :16
28:5
31:23
32:1
question
20:24
21:13
22:7 34:6
questions
4:24
17:19
36:22
quick
11:6
quickly
33:19
34:15
R
range
17:12
rarely
8 : 7
reached
33:10
read
3:14 6:9
36:17
ready
5:11
24:20
29:2
real
4:3 29:9
rear
10:24
11:2 16:9
32:21
33:25
reason
7:21
14:18
29:12,23
31:24
reasonable
17:8
reasons
4:3 14:18
15:21
25:8
recall
15:5
27:10
recap
16:21
receive
2 3 : 5
recently
19:15
recognize
4:7
recommend
25:9
3 0 : 2 1
recommendat
ion
20:16
recommendin
g
23:24
36:2
reconsider
27:17
record
3:24 14:1
37:18
redesign
16:13
redevelop
25:15
redeveloped
16:4
25:13
refer
10:18
referenced
9:19
referred
10:17
referring
32:17
regard
33:14
3 6 : 8
reimburseme
nt
24:18
related
4:4,5
10:12
12:7
16:25
24:17
33:21
relating
23:22
release
30:23
relief
6:22
remediation
25:24
remember
10:5
34:18
removal
16:13
removed
16:5 26:7
removing
13:1,10
14:20
15:19
rent
2 0 : 8 , 9
reporter
3:15 5:8
20:5
requires
28:10
resolution
5:2 7:13
15:11
28:12
31:3
33:9,12
resolve
6:6,7
8:17
11:16
13:10,11
22:17
23:1 25:1
resolved
28:10
32:8
33:24
34:14
resolving
10:10
respectfull
y
24:6
34 : 18
responsibil
ity
26:20
36:18
responsible
7:18
14:13
rest
14:23
restate
8:10
retain
5:18
review
15:14
rid
22:15
risk
13:15
36:4
room
3:19 5:6
run
2 8 : 4
running
3 7 : 6
0 ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT Index: sale -tears
3 1 : 2 5
speed
27:8,15
13:7
S
settling
6:4
28:1
16:14
35:18
spending
stormwaters
28:2,5
sale
shore
20:21
27:15
- - -
12:18
19:18
spent
Street
T
16:25
-
shot
25:12
10:18,19
sandbox
30:15
34:20
11:19,21
table
35:21
staff
12:24
8:24
satisfy
show
10:8
13:7
takes
17:20
13:24
11:22
15:19,24
14:14
showed
16:11
16:7,17
seating
11:8
25:25
25:10
taking
24:14
8:21
shown
27:24
structurall
secondary
7:6 13:25
34:25
y
talented
25:6
35:23
19:9
37:8
seller's
sic
3:17 10:5
37:1
structure
talk
12:9
13:14
staff's
10:14
3:17,20
send
27:25
stuff
5:24,25
23:12
side
33:11
standing
34:22
8:16 9:5
21:7 30:6
September
7:11
35:9
signed
33:12,16
33:23
12:8
start
subject
36:10
serving
3:6
21:16
37:18
site
20:18
10:15
state
suck
talked
session
13:5
8:2
37:3
11:10
3:7,13
27:16
stated
sue
14:22
set
31:3 34:1
7:8
7:12
31:7
7:24
situation
statute
sued
talking
setting
34:24
4:2
6:14,20,
10:6
8:13
sold
stay
22 18:1 5
11:22
15:9,23
settle
12:7,17,
4:16
Sunshine
16:11
23:23
18 13:20
steps
3:9 5:25
21:3
30:12
solve
11:15
Supreme
23:2,7
31:25
30:13
sticky
21:1,2
target
settlement
sort
37:2
Susan
18:5,10
4:5,17
21:24
stop
14:21
taxpayers
6:1 8:23
25:6
17:18
15:2 17:9
20:19
20:13
21:25
22:18
space
stormwater
22:20
tear
23:6,17
29:18
9:21,23
27:11
26:18
24:5
speaking
13:2,3
31:6
tears
26:23
26:2
16:16,17
26:1
system
0 ESQUIRE 800.211.DEPO (3376)
DEYOSI ESQUIRE SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT Index: telling.mords
telling
12:19
temporary
6:21
10:24
tend
29:7
36:14
term
32:8
terms
24:20
that'll
22:15
theory
14:12
thing
3:16
19:24
30:10,17
3 1 : 2 3
33:24
34:20,23
35:11
36:15
things
3:16 4:2,
25 7:18
8:21
11:17
19:17
24:5
third -party
4:19 6:17
7:15 8:1
27:4 34:3
thought
10:9 11:5
20:17
thrown
33:18
tie
12:21,22
tie-in
17:2
time
6:3,6
8:19,21
9:11
13:23
15:25
27:20
34:1 36:7
37:3
time-
consuming
8:20
times
3 : 9 3 5 : 6
timing
23:10
tired
2 9 : 3
37:19
today
4:2 8:16
18:23
23:5
told
31:6
35:12
Tom
4:11 5:3
9:20
11:10
12:5
18:18
20:24,25
25:5
32:17
33:10
36:1 37:5
tonight
10:6 15:9
17:13
20:14
22:24
3 0 : 3 , 4
total
20:13
trail
3 6 : 9
transcribe
3 : 2 3
transfer
31 :21
trespass
6:22
tri-party
27:13
true
26:6
35:25
truthfully
3 7 : 5
turn
4:14 5:3
two -plus
28:6
Tyler
18:11
type
21:3
typical
12:9
typically
5 : 6 26:13
U
ultimately
25:13
uncertain
24:19
underlying
4:9
underpinned
26:5
underpinnin
g
26:6,10
understand
16:11
3 2 : 2 2 , 2 3
unoccupied
10:20
unrecorded
12:11,20
unsound
19:10
upper
34:25
V
Van
18:11
venture
29:1
vetted
24:21
26:25
view
25:5
violated
7:2
Voorhees
18:11
vote
28:15
VP
4:21
6:12,14,
15,20,22
7:13,17
8:13
9:12,15
10:4,12,
15,22
11:2,10,
19,24
12:12,15,
23 13:4,
24 14:7,
14,25
15:17
16:6,22
17:5
18:11,14
21:6
25:13
26:17
27:15
29:9
30:24
31:3,19,
20,22
32:3,9,21
33:13
W
wanted
30:11
wanting
24:16
water
13:3 28:3
wicket
3 7 : 2
win
8 : 6
words
18:21
ESQUIRE 800.211.DEPO (3376)
DEPOSITION SOLUTIONS Esquire Solutions. com
CLERMONT CITY COUNCIL MEETING June 22, 2021
VP DEVELOPMENT ENTERPRISES vs THE ART DISTRICT Index: work..younq
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
VP DEVELOPMENT ENTERPRISES, LLC
Plaintiff,
V.
THE ART DISTRICT, LLC
Defendant.
THE ART DISTRICT, LLC,
Counter- Plaintiff and Third -Party Plaintiff,
V.
VP DEVELOPMENT ENTERPRISES, LLC, and
CITY OF CLERMONT, FLORIDA,
a political subdivision of the state of Florida,
Counter- Defendant and Third -Party Defendant.
CASE NO: 2020 CA 1009
F
IT
2212021
AMENDED COUNTERCLAIM AND THIRD -PARTY COMPLAINT
Counter- Plaintiff and Third -Party Plaintiff, THE ART DISTRICT, LLC ("Art District"), sues
Counter- Defendants VP DEVELOPMENT ENTERPRISES, LLC ("VP Development") and City
of Clermont, Florida (the "City"), a political subdivision of the state of Florida, and Third -Party
Defendant, City of Clermont, Florida (the "City"), a political subdivision of the state of Florida,
and alleges as follows:
GENERAL ALLEGATIONS
1. Jurisdiction is proper in this Court because the counts in this action seek damages that exceed
$15,000.00, exclusive of interest, attorney's fees and costs. See Fla. Stat. § 34.001.
2. All causes of action aucd upoti aruse in Lake County, Florida.
3. VP Development is a Florida limited liability company.
4. Art District is a Florida limited liability company.
5. The City is a municipal corporation located in Lake County, Florida, organized and existing
under the laws of the State of Florida.
Page 1 of 11
6. VP Development is the owner of the property and commercial building located at 752 W.
Montrose Street, Clermont, FL 34711 with the Alternate Key 1614490 located within the City
with the legal description:
The East 30 feet of Lot 12, Block 80, in the City of Clermont, as represented on the
Official Map of the City of Clermont, duly recorded in Plat Book 8, at Pages 17-
23, inclusive, Public Records of Lake County Florida
("VP Development Property")
7. Art District owns real property immediately adjacent to VP Development's real property more
particularly described as follows:
Lot 11, Block 80, OFFICIAL MAP OF THE CITY OF CLERMONT, according to
the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake
County, Florida.
AND
The West 20.00 feet of Lot 12, Block 80, OFFICIAL MAP OF THE CITY OF
CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page
17, Public Records of Lake County, Florida.
LESS the East 0.45 feet of the South 61.99 feet thereof.
AND
The East 33.00 feet of Lot 14, Block 80, OFFICIAL MAP OF THE CITY OF
CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page
17, Public Records of Lake County, Florida.
LESS the East 18.00 feet of the West 20.00 feet of the East 33.00 feet of said Lot 14,
Block 80
("Art District's Property").
8. Art District's Property is located within the City at 756 W. Montrose Street, Clermont, FL
34711 with Alternate Key 1087210.
9. All conditions precedent to filing this action have been performed or have been waived.
Count I
TEMPORARY AND PERMANENT INJUNCTIVE RELIEF
(VP DEVELOPMENT)
10. This is an action by Art District against VP Development for temporary injunctive relief
pursuant to Florida Rule of Civil Procedure 1.610 and for permanent injunctive relief.
11. Art District re -alleges and incorporates by reference the allegations set forth in paragraphs 1
through 9 as if fully set forth herein.
Page 2 of 11
12. At all times relevant to this action, VP Development has constructed a defective stormwater
runoff system that causes flooding and damage on Art District's Property.
13. VP Development has known about the damage from the stormwater runoff, but refuses to
adjust VP Development's system.
14. VP Development is aware that VP Development's stormwater system is not satisfactory.
15. VP Development has no legitimate legal reason or authority to cause VP Development's
stormwater runoff to drain directly onto Art District's Property or damage Art District's
Property. VP Development has no legitimate reason or authority to impair Art District's quiet
enjoyment of Art District's Property.
16. Art District does not have an adequate remedy at law.
17. If VP Development is not first temporarily enjoined and restrained and then permanently
enjoined and restrained from causing VP Development's stormwater runoff to drain directly
onto Art District's Property, damaging Art District's Property, and impairing Art District's
quiet enjoyment of Art District's Property, VP Development will continue to engage in such
behavior.
18. In addition to the foregoing, VP Development's actual construction encroaches upon Art
District's Property. VP Development's plans indicate that VP Development intended to build
a five foot wide sidewalk between VP Development's building and VP Development's
property line bordering Art District's Property. However, VP Development constructed VP
Development's building too close to the property line, so that there is not room for a sidewalk
with a width of five feet. Instead, VP Development intentionally built VP Development's
sidewalk on Art District's Property.
19. Irreparable injury will result if Art District is not granted a temporary and then a permanent
injunction. VP Development should be obligated to prevent VP Development's stormwater
from flowing directly onto Art District's Property, and VP Development should be required to
remove VP Development's sidewalk on Art District's Property.
20. Art District has a clear legal right to the remedy requested.
21. The public interest will be served by a temporary and then a permanent injunction.
WHEREFORE. Art District respectfully requests this Court (i) impose a temporary injunction
enjoining and restraining VP Development from causing VP Development's stormwater runoff to
drain directly onto Art District's Property, damaging Art District's Property, and impairing Art
District's quiet enjoyment of Art District's Property, (ii) impose a permanent injunction enjoining
and restraining VP Development from causing VP Development's stormwater runoff to drain
directly onto Art District's Property, damaging Art District's Property, and impairing Art District's
quiet enjoyment of Art District's Property, and (iii) grant an award of costs and such other and
further relief as the Court deems just and proper.
Page 3 of 11
Count II
TRESPASS
(VP DEVELOPMENT)
22. This is an action for trespass against VP Development.
23. Art District re -alleges and incorporates by reference the allegations set forth in paragraphs 1
through 9 as if fully set forth herein.
24. At all times relevant to this action, VP Development has constructed a defective stormwater
runoff system that causes flooding and damage on Art District's Property.
25. VP Development has known about the damage from the stormwater runoff, but refuses to
adjust VP Development's system.
26. VP Development is aware that VP Development's stormwater system is not satisfactory.
27. VP Development has no legitimate legal reason or authority to cause VP Development's
stormwater runoff to drain directly onto Art District's Property or damage Art District's
Property. VP Development has no legitimate reason or authority to impair Art District's quiet
enjoyment of Art District's Property.
28. VP Development has no contractual or legal right to cause VP Development's stormwater
runoff to drain directly onto Art District's Property.
29. Such stormwater runoff constitutes a trespass on Art District's Property.
30. In addition to the foregoing, VP Development's actual construction encroaches upon Art
District's Property. VP Development's plans indicate that VP Development intended to build
a five foot wide sidewalk between VP Development's building and VP Development's
property line bordering Art District's Property. However, VP Development constructed VP
Development's building too close to the property line, so that there is not room for a sidewalk
with a width of five feet. Instead, VP Development intentionally built VP Development's
sidewalk on Art District's Property.
31. As a result of VP Development's continuing trespass on Art District's Property, Art District
has suffered damages.
WHEREFORE, Art District, respectfully requests:
1) Judgment against VP Development for damages in an amount to be proven at trial;
2) Mesne profits;
3) Costs of suit; and,
4) Such other and further relief as the court may deem just and proper.
Count III
Page 4 of l 1
DECLARATORY JUDGMENT
(CITY OF CLERMONT AND VP DEVELOPMENT)
32. This is an action against VP Development and the City of Clermont for declaratory judgment,
pursuant to Florida Statutes, Chapter 86, to determine the existence of a legal right of ingress
and egress across Art District's Property.
33. Art District re -alleges and incorporates by reference the allegations set forth in paragraphs 1
through 9 as if fully set forth herein.
34. In January 2019, VP Development submitted a site plan to the City of Clermont for the
construction of a new commercial building.
35. VP Development maintains that VP Development's site plan contemplated and included ADA
compliant access from the rear of VP Development's proposed building, along the northern
boundary with Art District's Property.
36. VP Development maintains that VP Development's ADA compliant access was part of VP
Development's site plan and approved by the City of Clermont.
37. On or about March 15, 2019, Art District purchased Art District's Property from the City of
Clermont by Special Warranty Deed. See Special Warranty Deed, attached hereto as Exhibit
"A„
38. In VP Development's Complaint, VP Development maintains that VP Development's ADA
compliant access was part of VP Development's site plan and approved by the City of
Clermont. See VP Development Plan Exhibit, attached hereto as Exhibit `B".
39. In VP Development's Complaint, VP Development further maintains that Art District's
development efforts on Art District's Property removed VP Development's ADA compliant
access.
40. In VP Development's Complaint, VP Development asserts that Art District's site plan created
a legally cognizable interest for ADA access on Art District's Property in favor of VP
Development. See Art District Plan Exhibit, attached hereto as Composite Exhibit "C".
41. In VP Development's Complaint, VP Development asserts that Art District's Use License and
Cost Sharing Agreement with the City of Clermont created a legally cognizable interest for
ADA access on Art District's Property in favor of VP Development. See Agreement Exhibit,
attached hereto as Exhibit "D".
42. According to VP Development, the VP Development Plan Exhibit, Art District Plan Exhibit
and Agreement Exhibits all provide VP Development with an express easement over Art
District's Property in favor of VP Development.
43. Art District maintains that the Site Plans and Agreement Exhibits do not create any sort of
Page 5 of 11
legally cognizable interest in favor of VP Development on Art District's Property. Art District
further maintains that there is certainly no express easement or other ingress and egress right
in favor of VP Development on Art District's Property.
44. The City of Clermont, in approving VP Development's site plan, did not vest VP Development
with any express easement or other ingress and egress right in favor of VP Development on
Art District's Property.
45. The City of Clermont, in approving Art District's site plan, did not vest VP Development with
any express easement or other ingress and egress right in favor of VP Development on Art
District's Property.
46_ The VP Development Plan Exhibit, Art District Plan Exhibit and Agreement Exhibits did not
vest VP Development with any express easement or other ingress and egress right in favor of
VP Development on Art District's Property.
47. This court has jurisdiction to resolve this dispute pursuant Section 86.021 Florida Statutes and
Section 86.101 Florida Statutes as there exists a doubt and uncertainty among the parties as to
their legal rights, especially whether VP Development has any express easement or other
ingress and egress right on Art District's Property.
48. There is a present, actual, bona fide need for declaratory relief Further, the declaration sought
involves a present, ascertainable state of facts ripe for adjudication.
49. Art District's rights are dependent upon a resolution of this controversy. In event that
declaratory relief is not granted as requested, Art District will suffer irreparable harm.
50. There is no adequate remedy at law to determine whether VP Development has any express
easement or other ingress and egress right on Art District's Property.
WHEREFORE, Art District respectfully requests the Court to declare (i) VP Development has
no express easement or other ingress and egress right on Art District's Property, (ii) the VP
Development Plan Exhibit, Art District Plan Exhibit and Agreement Exhibits do not create any
sort of legally cognizable interest in favor of VP Development on Art District's Property, and (iii)
and reserving jurisdiction for supplemental relief pursuant to Section 86.061 Florida Statutes.
Count IV
BREACH OF CONTRACT (CITY OF CLERMONT)
51. This is a cause of action for damages against the City of Clermont in amount in excess of
$30,000 exclusive of attorneys' fees and costs, pled in the alternative to Count III.
52. Art District re -alleges and incorporates by reference the allegations set forth in paragraphs 1
through 9 as if fully set forth herein.
53. In January 2019, VP Development submitted a site plan to the City of Clermont for the
Page 6 of 11
construction of a new commercial building.
54. VP Development maintains that VP Development's site plan contemplated and included ADA
compliant access from the rear of VP Development's proposed building, along the northern
boundary with Art District's Property.
55. VP Development maintains that VP Development's ADA compliant access was part of VP
Development's site plan and approved by the City of Clermont.
56.On or about March 15, 2019, Art District purchased Art District's Property from the City of
Clermont by Special Warranty Deed. See Special Warranty Deed, attached hereto as Exhibit
«A„
57. In VP Development's Complaint, VP Development maintains that VP Development's ADA
compliant access was part of VP Development's site plan and approved by the City of
Clermont.
58.In VP Development's Complaint, VP Development further maintains that Art District's
development efforts on Art District's Property removed VP Development's ADA compliant
access.
59. In VP Development's Complaint, VP Development maintains that VP Development's ADA
compliant access was part of VP Development's site plan and approved by the City of
Clermont. See VP Development Plan Exhibit, attached hereto as Exhibit `B".
60. In VP Development's Complaint, VP Development further maintains that Art District's
development efforts on Art District's Property removed VP Development's ADA compliant
access.
61. As part of Art District's purchase of Art District's Property from the City of Clermont, the City
of Clermont provided a Seller's Closing Affidavit, in which the City of Clermont represented
to Art District that there were no unrecorded easements, claims of easement or rights of way
affecting all or any portion of Art District's Property. See Affidavit attached hereto as Exhibit
"E„
62. Although Art District disputes VP Development's assertion, in the event that VP Development
has a cognizable express easement or other ingress and egress right in favor of VP
Development on Art District's Property as a result of the City of Clermont's actions, the City
of Clermont's representations in the Seller's Closing Affidavit are false.
63. In the event that VP Development has a cognizable express easement or other ingress and
egress right in favor of VP Development on Art District's Property as a result of the City of
Clermont's actions, Art District has been damaged by the City of Clermont's representations
in the Seller's Closing Affidavit that are false.
64. As part of Art District's purchase of Art District's Property from the City of Clermont, Art
Page 7 of 11
District identified that a backflow preventer and other elements of a potable water service
servicing VP Development were located in an easement encumbering Art District's Property.
The City of Clermont had the legal right to demand that VP Development relocate the
foregoing. However, the City of Clermont was unable to get VP Development to relocate prior
to closing. Therefore, the City of Clermont entered into a Closing Agreement with Art District
in which the City of Clermont agreed to obtain an amendment to the easement with VP
Development and relocate the potable water service. See Closing Agreement attached hereto
as Exhibit "F".
65. Under the Closing Agreement, Art District was obligated to give the City of Clermont a sixty
day notice of the alternate route for the potable water service, and then the City would be
required to secure the amendment to the easement with VP Development and relocate the
potable water service. Art District provided such notice on May 12, 2020, but the City has
delayed in taking action on this in order to coerce Art District into taking other courses of
action favorable to the City, VP, or a combination thereof, unrelated to the Closing Agreement.
See Notice Letter attached hereto as Exhibit IV%
66. Art District has suffered damages caused by the City of Clermont's breaches.
67. Art District has fully performed its obligations herein.
68. Art District has become obligated to BowenlSchroth for its reasonable attorneys' fees, and
costs, in prosecuting Art District's rights.
69. Under the Closing Agreement, Art District is entitled to recover its costs and attorney's fees
upon successful prosecution of this action.
WHEREFORE, Art District, demands judgment against the City of Clermont for damages, pre-
judgment interest, attorneys fees and costs of this action, as well as such other relief as this Court
deems appropriate.
Count V
Iniunctive Relief under Section 122-36 of the Code of Ordinances for the City of Clermont
_Termination of VP's Improper Permit
(City of Clermont)
70. This is an action by Art District against the City of Clermont and VP Development for
temporary injunctive relief pursuant to Florida Rule of Civil Procedure 1.610 and the City of
Clermont's Code of Ordinances and for permanent injunctive relief.
71. Art District re -alleges and incorporates by reference the allegations set forth in paragraphs 1
through 9 as if fully set forth herein.
72. Pursuant to Section 122-36 of the Code of Ordinances for the City of Clermont, Florida, "If
any building or structure is erected, constructed, reconstructed, repaired, converted or
Page 8 of 11
maintained or any building, structure or land is used in violation of this land development code,
the planning and zoning department or other appropriate authority, or any adjacent or other
property owner who would be rlamaQed by such violation, in addition to other remedies,
may institute injunction, mandamus or other appropriate action in proceeding to stop the
violation in the case of such building, structure or land." (emphasis added).
73. In January 2019, VP Development submitted a site plan to the City of Clermont for the
construction of a new commercial building.
74. The City of Clermont is aware that the construction of VP Development's building is in
violation of the City of Clermont's Code of Ordinances, zoning code, land development code,
and a combination thereof, as well as applicable state and federal building, access, and fire
codes.
75. The City of Clermont fully acknowledges that VP Development's building violates the City of
Clermont's land development code as well as state and federal building, access, and fire codes.
76. Despite the foregoing, the City of Clermont has entered into a written agreement with VP
Development, which acts to stay the City of Clermont's employees and other parties from
enforcing local, state, and federal building, access and fire codes.
77. The Art District is damaged by the City's refusal to enforce local, state, and federal building,
access and fire codes.
78. The Art District is damaged by VP Development's building being in violation of the City of
Clermont's Code of Ordinances, zoning code, land development code, and a combination
thereof, as well as applicable state and federal building, access, and fire codes..
79. This action or inaction by the City is the sort of damage contemplated by Section 122-36 of
the Code of Ordinances for the City of Clermont.
80. The public interest is served by a temporary and then permanent injunction forcing the City of
Clermont to enforce the law, and compelling VP Development's building be brought into
compliance.
WHEREFORE, Art District respectfully requests this Court (i) impose a temporary injunction
enjoining and restraining the City of Clermont from continuing to allow VP Development to
develop and operate VP Development's building in violation of the law, (ii) impose a permanent
injunction enjoining and restraining the City of Clermont from continuing to allow VP
Development to develop and operate VP Development's building in violation of the law, and (iii)
grant an award of costs and such other and further relief as the Court deems just and proper.
Count VI
lniunctive Relief under Section 122-36 of the Code of Ordinances for the City of Clermont
Resolution of VP's Stormwater System
(City of Clermont)
Page 9 of 11
81. This is an action by Art District against the City of Clermont for temporary injunctive relief
pursuant to Florida Rule of Civil Procedure 1.610 and the City of Clermont's Code of
Ordinances and for permanent injunctive relief.
82. Art District re -alleges and incorporates by reference the allegations set forth in paragraphs 1
through 9 as if fully set forth herein.
83. Pursuant to Section 122-36 of the Code of Ordinances for the City of Clermont, Florida, "If
any building or structure is erected, constructed, reconstructed, repaired, converted or
maintained or any building, structure or land is used in violation of this land development code,
the planning and zoning department or other appropriate authority, or any adiacent or other
property owner who would be damaged by such violation, in addition to other remedies,
may institute injunction, mandamus or other appropriate action in proceeding to stop the
violation in the case of such building, structure or land." (emphasis added).
84. At all times relevant to this action, and as part of VP Development's construction of VP
Development's building, VP Development has constructed a defective stormwater runoff
system that causes flooding and damage on Art District's Property.
85. The City of Clermont has known about the damage from the stormwater runoff, but refuses to
enforce the City of Clermont land development code against VP Development to force VP
Development to adjust VP Development's system.
86. The City of Clermont is fully aware that VP Development has no right of conveyance of its
stormwater beyond the boundaries of its property.
87. As part of VP Development's construction efforts, VP Development has changed the property
grade and implemented a defective stormwater system, causing stormwater to dump onto Art
District's Property.
88. The City of Clermont has, in the past, issued a code violation against VP Development related
to stormwater issues.
89. VP Development's stormwater system has not improved since the City of Clermont issued the
aforementioned codes violation against VP Development. Inexplicably, the City of Clermont
closed the code proceedings.
90. The City of Clermont has openly refused to enforce applicable codes with respect to VP
Development's stormwater system.
91. The City ofClermont's refusal to enforce applicable codes with respect to the violations caused
by VP Development's stormwater system has damaged and continues to damage the Art
District.
Page 10 of 11
92. This action or inaction by the City of Clermont is the sort of damage contemplated by Section
122-36 of the Code of Ordinances for the City of Clermont.
93. The public interest is served by a temporary and then permanent injunction forcing the City of
Clermont to enforce applicable codes with respect to VP Development's stormwater system.
94. The public interest is served by a temporary and then permanent injunction forcing the City of
Clermont to enforce the law, and compelling VP Development's stormwater system be brought
into compliance.
WHEREFORE, Art District respectfully requests this Court (i) impose a temporary injunction
enjoining and restraining the City of Clermont from continuing to allow VP Development to
develop and operate VP Development's stormwater system in violation of the law, (ii) impose a
permanent injunction enjoining and restraining the City of Clermont from continuing to allow VP
Development to develop and operate VP Development's stormwater system in violation of the
law, and (iii) grant an award of costs and such other and further relief as the Court deems just and
proper.
BOWENISCHROTH
600 Jennings Avenue
Eustis, Florida 32726
Telephone (352) 589-1414
Facsimile (352) 589-1726
E-mail Addresses: zbroome@bowenschroth.com
jyoung@bowcnsclu-otli.com
/s/Zachary T. Broome
ZACHARY T. BROOME
Florida Bar No. 0091331
Page 11 of 11
Filing # 129176901 E-Filed 06/21/2021 03:50:47 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
VP DEVELOPMENT ENTERPRISES, LLC,
Plaintiff,
V.
THE ART DISTRICT, LLC,
Defendant.
THE ART DISTRICT, LLC,
Counter -Plaintiff and Third -Party Plaintiff,
V.
VP DEVELOPMENT ENTERPRISES, LLC, and
CITY OF CLERMONT, FLORIDA, a political
subdivision of the State of Florida,
Counter -Defendant and Third -Party Defendant.
Case No.: 2020-CA-1009
EXHIBIT
Exhibit B - 6/22/2021
THIRD -PARTY DEFENDANT, CITY OF CLERMONT, FLORIDA'S MOTION TO
DISMISS COUNT III THROUGH COUNT VI OF THE ART DISTRICT LLC'S
AMENDED COUNTERCLAIM AND THIRD -PARTY COMPLAINT
Third -Party Defendant, CITY OF CLERMONT, FLORIDA ("Clermont"), through its
undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.140(b)(6), hereby files
and serves its Motion to Dismiss Count III through Count VI of The Art District, LLC's Amended
Counterclaim and Third -Party Complaint. In support thereof, Clermont respectfully states as
follows:
FACTUAL BACKGROUND
1. Plaintiff/Counter-Defendant, VP DEVELOPMENT ENTERPRISES, LLC ("VP"),
owns real property located at 752 West Montrose Street, Clermont, Florida 34711 ("VP's
Property"). (Art District Compl. 16).
1
2. Defendant/Counter-Plaintiff, THE ART DISTRICT, LLC ("Art District"), owns real
property located at 756 West Montrose Street, Clermont, Florida 34711 ("Art District's Property"),
(Art District Compl. ¶ 8).
3. Art District's Property lies immediately adjacent to VP's Property. (Art District
Compl. ¶ 7).
4. As development ensued on VP's Property, a dispute arose between VP and Art District
regarding a five -foot -wide sidewalk allegedly constructer) by VP on Art District's Property. E.g.,
(Art District Compl. 118).
5. A dispute also arose between VP and Art District concerning VP's allegedly "defective
stormwater runoff system that causes flooding and damage on Art District's Property." (Art
District Compl. ¶ 12).
6. Based on these disputes, VP fled its Verified Complaint to Establish and/or Enforce
Easement and for Declaratory Relief ("VP Complaint") against Art District on or about June 6,
2020. E.g., (Art District Compl. IN 38-41).
7. VP asserts no claims against Clermont in the VP Complaint.
8. Nevertheless, on or about May 7, 2021, Art District filed its Amended Counterclaim
and Third -Party Complaint (the "Art District Complaint") against both VP and Clermont, asserting
the following six amalgamation of counterclaims and third -party claims: (1) Count I for Injunctive
Relief against VP; (2) Count 1I for Trespass against VP; (3) Count III for Declaratory Judgment
against VP and Clermont; (4) Count IV for Breach of Contract against Clermont: (5) Count V for
Injunctive Relief against Clermont seeking termination of VP's permit; and (6) Count VI for
PA
Injunctive Relief against Clermont seeking code enforcement against VP for VP's allegedly
defective stormwater system.'
9. The March 25, 2019 Agreement between Clermont and Art District —attached as
Exhibit "P to the All District Complaint —provides that the prevailing party in "any action at law
or equity between the parties [t]hereto occasioned by a default [t]hereunder ... shall be entitled to
collect its reasonable attorney's fees actually incurred in the action from the non -prevailing party."
(Art District Compl. Ex. F, § 7).
LEGALSTANDARD
For motions to dismiss, courts may only consider allegations set forth in the four corners
of the complaint and the attachments thereto. Enlow v. E.C. Scott Wright, P.A., 274 So. 3d 1192,
1193 (Fla. 5th DCA 2019). When a complaint impliedly incorporates by reference the terms of a
legal document, courts may also review the contents of such document. Id. at 1194 (quoting One
Call Prop. Servs. Inc. v. Sec. First Ins. Co., 165 So. 3d 749, 752 (Fla. 5th DCA 2015)). Courts
may, therefore, consider a defense raised in a motion to dismiss when the basis for such defense
appears on the face of the complaint or its exhibits. Id. Because Art District's Complaint facially
demonstrates its failure to state a cause of action against Clermont, as further detailed below, the
Court should grant this Motion to Dismiss. See id.
ARGUMENT WITH INCORPORATED MEMORANDUM OF LAW
I. THE ART DISTRICT LACKS STANDING BECAUSE ITS CLAIMS AGAINST
CLERMONT ARE PREMATURE OR SPECULATIVE.
"Standing is a threshold inquiry that must be addics5ed before considering the merits of a
cause of action." E.g., Cruz v. Cmty. Bank & Trust of Fla., 277 So. 3d 1095, 1097 (Fla, 5th DCA
t Citations made herein to Art District's Amended Counterclaim and Third -Party Complaint will accordingly feature
the following abbreviation: "Art District Compl."
3
2019); see also Matheson v. Miami -Dade Cnty., 258 So. 3d 516, 519 (Fla- 3d DCA 2018). It
requires an "actual controversy" exist between the plaintiff and defendant wherein each litigant
maintains "a direct and articulable interest in the controversy." See id. Such interest "must be
legally cognizable and not `conjectural or merely hypothetical."' Cruz, 277 So. 3d at 1097 (citing
Centerstate Bank Cent. Fla., N.A. v. Krause, 87 So. 3d 25, 28 (Fla. 5th DCA 2012)) (emphasis
added). As such, when no legally cognizable interest exists, courts should dismiss claims. See id.
Here, Art District asserts immaterial and conjectural claims against Clermont. See
generally id. For example, Art District's declaratory judgment claim expressly predicates on the
underlying lawsuit instituted by the VP Complaint —which brings no claims against Clermont —
thereby evidencing Clermont's lack of a "direct and articulable interest in the controversy" at issue.
See id.; (Art District Compl. IN 38-41). Second, Art District's breach of contract claim against
Clermont repeatedly details its basis on a hypothetical scenario arising "in the event that VP
Development has a cognizable express easement or other ingress ... on Art District's Property as
a result of the City of Clermont's actions." See id.; (Art District Compl. IN 62-63) (emphasis
added). Third, Clermont has yet to cause any damages that would afford Art District standing as
an aggrieved person capable of seeking injunctive relief against Clermont. See generally Alger v.
U.S., 300 So. 3d 274, 278 (Fla. 3d DCA 2019) (discussing legal standing necessary to challenge
the action or inaction of a municipality). Thus, the Court should dismiss Counts III through VI of
the Art District Complaint improperly brought against Clermont. See generally id.
II. COUNT III FAILS TO ALLEGE A SUFFICIENT NEED FOR DECLARATORV
JUDGMENT AGAINST CLERMONT.
The test for sufficiency of a declaratory judgment claim examines whether a party
demonstrates entitlement to a declaration of rights. Wildflower, LLC v. St. Johns River Water
Mgmt. Dist., 179 So. 3d 369, 372-73 (Fla. 5th DCA 2015). A plaintiff must accordingly allege "a
4
bona fide, actual, present practical need for the declaration." Syfrett v. Syfrett-Moore ex rel. Estate
ofSyfrett, 115 So. 3d 1127, 1130 (Fla. I st DCA 2019). Conclusory allegations of such need, absent
further support, fail to satisfy the pleading standard required. Id. Moreover, only those with an
"`actual, present, adverse[,] and antagonistic interest in the subject matter' should be before the
court" in a proceeding seeking declaratory relief. Yanes v. OCI'ood & Beverage LLC, 300 So.
2d 798, 801 (Fla. 5th DCA 2020) (quoting Dept of Educ. v. Glasser, 622 So. 2d 944, 948 (Fla.
1993)); see also Syfrett, 115 So. 3d at 1330 (quoting May v. Holley, 59 So. 2d 636, 639 (Fla.
1952)).
In Count III, Art District fails to establish that Clermont maintains an "actual, present,
adversej. I and antagonistic interest" in the right of use VP supposedly claims over Art District's
Property. See id. (emphasis added); (Art District Compl. ¶1I 43-45). Clermont not only holds no
legally cognizable property interest in the disputed five -feet -wide section of Art District's
Property, but Art District fails to allege any such present interest of Clennont—let alone one
adverse and antagonistic to Art District's Property. See, e.g., id. The prayer for relief in Count III
of Art District's Complaint underscores Clermont's immateriality to such declaratory judgment by
making no reference to Clermont. See (Art District Compl. at 6).
Furthermore, much like the plaintiff in Syfrett, Art District fails to support its conclusory
allegations of a present, actual, bona fide need for declaratory relief against Clennont. See Syfrett,
11.5 So. 3d at 1130; (Art District Compl. ¶ 47). As pled, Art District seeks a declaratory judgment
"to determine the existence of a legal right of ingress and egress across Art District's Property.„
(Art District Compl. 132). It expressly predicates the need for such judgment on the controversy
created by the VP Complaint —a controversy to which Clermont is not a party. (Art District
Compl. IN 38-41). As such, Art District alleges no basis upon which to reasonably infer that
5
Clermont maintains an actual, present, adverse, and antagonistic interest in a determination of
rights to the disputed property —when Clermont neither holds nor claims any present right to such.
See S}frett, 115 So. 3d at 1130; (Art District Compl. IN 32-50). The Court should accordingly
dismiss Count III to the extent it improperly seeks relief against Clermont. See id.
III. ART DISTRICT FAILS TO PLEAD ALL ELEMENTS NECESSARY FOR ITS
BREACH OF CONTRACT CLAIM IN COUNT IV.
"The elements of a breach of contract action are: (1) a valid contract; (2) a material breach;
and (3) damages." E.g., J.J. Gumberg Co. v. Janis Servs., Inc., 847 So. 2d 1048, 1049 (Fla. 4th
DCA 2003) (quoting Abbott Lab., Inc. v. Gen. Elec. Cap., 765 So. 2d 737, 740 (Fla. 5th DCA
2000)). When a party fails to establish that a breach or damages occurred, the court must dismiss
the claim. See, e.g., Detwiler v. Bank of Cent. Fla., 736 So. 2d 757, 758 (Fla. 4th DCA 1999)
(dismissing breach of contract claim where plaintiff failed to establish breach); Nat'l Airlines, Inc.
v. Edwards, 336 So. 2d 545, 546 (Fla. 1976) (dismissing breach of contract claim where plaintiff
only alleged speculative damages).
Here, Art District alleges a breach and damages that it expressly premises on a hypothetical
circumstance, thereby establishing that such breach and damages have not yet occurred. See
generally id.; (Art District Compl. IT 61-63). Art District expressly predicates its breach of
contract claim on breaches and damages arising "in the event that VP Development has a
cognizable express easement or other ingress ... on Art District's Property as a result of the City
of Clermont's actions." (Art District Compl. 61-63) (emphasis added). Because no such
easement or other right of access conclusively oniais on Art District's Property per Art District's
own allegations, Art District prematurely asserts a breach of contract claim. See id. As such, the
Court should dismiss Count IV of the Art District Complaint for failure to state a claim for breach
of contract. See, e.g., id.; Detwiler, 736 So. 2d at 758.
0
W. ART DISTRICT FAILS TO PLEAD ALL ELEMENTS NECESSARY TO THE
INJUNCTIVE RELIEF IT SEEKS IN COUNT V AND COUNT VI.
To obtain a temporary injunction, a party must set forth: (1) a sufficient likelihood of
irreparable harm should the court defer injunctive relief, (2) the inadequacy of all other remedies
available at law; (3) a substantial likelihood of success on the merits; and (4) consideration of the
public interest. Naegele Outdoor Advert. Co. v. City of Jacksonville, 659 So. 2d 1046, 1047 (Fla.
1995). First, "irreparable harm is not established where the potential loss can be adequately
compensated for by a monetary award." B.G.H. Ins. Svndicate, Inc. v. Presidential Fire & Cas.
Co., 549 So. 2d 197, 198 (Fla. 2d DCA 1989). Second, an adequate remedy at law exists where
the party could obtain monetary damages through another cause of action, such as breach of
contract. Id. Third, a substantial likelihood of success on the merits requires showing a "prima
facie, clear legal right to the relief requested." Naegele, 659 So. 2d at 1048. Lastly, consideration
of the public interest prevents issuance of injunctions detrimental to paramount public interests.
Wilson v. Sandstrom, 317 So. 2d 732, 736 (Fla. 1975).
Failure to allege facts supporting each afore -described prerequisite to injunctive relief
renders a complaint insufficient to state such cause of action. See, e.g., State Road Dept. of Fla.
v. Frugoli, 123 So. 2d 473, 475 (Fla. 1st DCA 1960) (finding a complaint pled all elements
requisite to injunctive relief). Though Art District specifically alleges each element in Count I for
Injunctive Relief against VP, Counts V and VI for Injunctive Relief against Clermont lack those
same allegations. See, e.g., (Ail District Compl. ¶ 16, TJ 19-20). Thus, because Art District failed
to establish all prerequisites to injunctive relief in Counts V and Vl, as further explained herein
below, the Court should dismiss them. See generally, e.g., B. G.H. Ins., 549 So. 2d at 198.
A. Art District Fails to Demonstrate to a Substantial Likelihood of Success on the
Merits of Count V.
7
Standing to enforce local land development codes only exists for parties aggrieved or
adversely affected by the inconsistent enforcement. E.g., Save Homosassa Raver Alliance, Inc. v.
Citrus Cnty., 2 So. 3d 329, 337 (Fla. 5th DCA 2008); Fla. Rock Props. v. Keyser, 709 So. 2d 175,
176-77 (Fla. Sth DCA 1998). Property ownership alone, therefore, fails to confer such standing.
E.g., Fla. Rock Props., 709 So. 2d at 177. Instead, a plaintiff must allege: (1) it holds interests
protected by the land development code, (2) those interests "exceed in degree the general interest
in community good shared by all persons," and (3) those interests will be adversely affected by
the challenged decision. Save Honosassa River Alliance, 2 So. 3d at 337. Therefore, an adjacent
landowner may only bring an action to enforce local land development codes upon alleging
adverse impact specific to his property interest. Fla. Rock Props., 709 So. 2d at 177 (citing
Southwest Ranches Homeowners Assn, Inc. v. Broward Cnty., 502 So. 2d 931 (Fla. 4th DCA
1987), rev. denied, 511 So. 2d 999 (Fla. 1987)); see also O'Connell v. Fla. Dept. of Cmty. Affairs,
874 So. 2d 673, 676-77 (Fla. 4th DCA 2004) (finding no standing where the plaintiffs failed to
state "how" the action will adversely affect them).
Art District makes no allegation that code enforcement inaction on VP's Property adversely
affects its interests exceeding "the general interest in community good shared by all persons." See,
e.g., Save Homosassa River Alliance, 2 So. 3d at 337; (Art District Compl. T 70-80). Though Art
District alleges it owns property adjacent to VP's Property, Art District proffers nothing beyond
conclusory allegations of unspecified "damage" from the non -enforcement. See rla. Rock Props.,
709 So. 2d at 177; (Art District Compl. ¶ 7, ¶¶ 77-79). Because Art District never specifies the
type or extent of such damagc, the allegations in Count V necessarily fail to demonstrate that Art
District maintains an interest beyond that commonly held by the general public, as Art District
pleads no basis to infer it suffers damages beyond those experienced by all who share an interest
8
in the community good. See, e.g., O'Connell, 874 So. 2d at 677; (Art District Compl. IN 70-80).
The Court should accordingly dismiss Count V, pursuant to Art District's failure to establish a
clear legal right to the relief it seeks.' See, e.g., id.; Naegele, 659 So. 2d at 104748.
B. Art District Fails to Plead All Elements Requisite to the Iniunetive Relief It
Requests in Count VI.
"Irreparable harm and lack of an adequate remedy at law are both prerequisites to injunctive
relief." B.G.H. Ins., 549 So. 2d at 198. When a party maintains the ability to bring a cause of
action that provides money damages for its loss, the party satisfies neither afore -mentioned
prerequisites to injunctive relief. Id.
Such circumstance exists here. See id. Li Count II, Art District brings a trespass claim
against VP, seeking money damages for the same defective stormwater system at issue in Count
VI. (Art District Compl. at 4). Thus, akin to the plaintiff in B. G.H. Insurance, by accepting all its
allegations as true, Art District necessarily fails to establish its entitlement to injunctive relief in
Count VI because it demonstrates an adequate remedy at law and the ability to obtain adequate
monetary compensation for the damages caused by the defective stormwater system, as evidenced
by its trespass claim in Count II. See 549 So. 2d at 198,
CONCLUSION
WHEREFORE Third -Party Defendant, CITY OF CLERMONT, FLORIDA, respectfully
requests that this Honorable Court: (1) dismiss with prejudice THE ART DISTRICT, LLC's
Amended Counterclaim and Third -Party Complaint as to all counts against CITY OF
CLERMONT, FLQK1DA, or alternatively, dismiss any combination of Counts III through Vl
therein with or without prejudice; (2) award CITY OF CLERMONT, FLORIDA its attorneys' fees
a An District also fails to allege a lack of adequate remedy at law, which notably contrasts its allegation of a lack of
such remedy in its claim for injunctive relief against VP in Count T. Compare (Art District Compl. 41 16; TT 70-80).
9
and costs, pursuant to Section 7 of the March 25, 2019 Agreement between CITY OF
CLERMONT, FLORIDA and THE ART DISTRICT, LLC; and (3) award any such other and
further relief that the Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 21st day of June, 2021, a true and correct copy of the
foregoing was filed with the Clerk of Court through the Florida Courts' E-Filing Portal, which will
send notice of electronic filing and complete service of the foregoing, as required by Fla. R. Jud.
Admin. 2.516, to: Tyler S. Van Voorhees, Esq., The Reed Law Firm, Post Office Box 120280,
Clermont, Florida 34712-0280, (tyler@wmrlegal.com, thefirm@wmrlegal.coin); and Zachary T.
Broome, Esq., Bowen & Schroth, P.A., 600 Jennings Avenue, Eustis, Florida 32726
(zbroome@bowensehroth.com, jyoung@bowenschroth.com, dmorton@bowenschroth.com),
Respectfully submitted,
/s/ Thomas F. Neal
THOMAS F. NEAL
tneal@dsklawgroup.com
Inovak@dsklawgroup.com
Florida Bar Number: 603368
CAITLIN N. EMLING
cemling@dsklawgroup.com
Florida Bar Number: 1026551
de Beaubien, Simmons, Knight
Mantzaris & Neal, LLP
332 North Magnolia Avenue
Post Office Box 87
Orlando, Florida 32802-0087
Telephone: (407) 422-2454
Facsimile: (407) 849-1845
Attorneys for City of Clermont
10