HomeMy WebLinkAbout2000 07 17 Agenda A Settlement Agreement
COMMISSION AGENDA
ITEM A
7/1 7/2000
Special Meeting
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Mgr. / Dept.
Authorization
REQUEST:
Requesting That The City Commission Review And Consider Approval
Of The Settlement Agreement From "The Litigation Styled Florida
Country Clubs, Inc. And James R. Mikes V. Carlton Fields, Et Al And
Paul Partyka."
PURPOSE:
This Agenda Item's purpose is to request that the City Commission
Review And Consider Approval Of The Settlement Agreement From "The
Litigation Styled Florida Country Clubs, Inc. And James R. Mikes V.
Carlton Fields, Et Al And Paul Partyka."
CONSIDERATIONS:
Copy of a letter from City Attorney Anthony A. Garganese and the
"Settlement Agreement And Incorporated General Release Of All Claims"
is attached for your review.
ATTACHMENTS:
A. Copy of a letter from City Attorney Anthony A. Garganese and the
"Settlement Agreement And Incorporated General Release Of All
Claims. "
COMMISSION ACTION:
LA W OFFICES
AMARI & THERIAC, P .A.
Richard S. Amari
Nicholas B. Bangos*
Kohn Bennett
Bradly Roger Bettin, Sr.
Anthony A. Garganese +
Mitchell S. Goldman
.1. We.sley Howze
Mark McQuagge
Mlltthew .J. Monaghan
Mark S. Peters
David M. Pres nick
Charles R. Steinberg
.James S. Theriac, III
Attorneys and Counselors At Law
Reply To: Cocoa P.O. Box
*Admitted AL, FL
+Board Certified City, County, & Local Government La~v
June 30, 2000
Ronald McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
Re: Mikes/Partyka Settlement
Dear Ron:
Mariner Square
96 Willard Street, Suite 302
P.O. Box 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Plaza
Suite 8104
6769 N. Wickham Road
Melbourne, Florida
Telephone (321) 259-6611
Fax (321) 259-6624
Enclosed is a final draft of the Settlement Agreement resulting from Mr. Mikes lawsuit
against Paul P. Partyka. Although the City and its officers were not named in the lawsuit, I
worked with the League of Cities' attorney, Michael Roper, and Mr. Partyka's attomey, Jeff
Weiss, to have the City and its officers included in the General Release of All Claims in the hope
of keeping the City and its officers out of the litigation styled Florida Country Clubs. Inc. and
James R. Mikes v. Carlton Fields. et al and Paul Partyka.
I recommend that the Settlement Agreement and General Release of All Claims be placed
on the City Commission's next available agenda.
If you have any questions, please do not hesitate to contact me.
Anthony A. Garganese, Cit Attomey
AAG:kec
enclosure
SETTLEMENT AGREEMENT AND
INCORPORATED GENERAL RELEASE OF ALL CLAIMS
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This Settlement Agreement is executed this
day of June, 2000, by and
among MIKES (hereafter defined), PARTYKA (hereafter defined), WINTER SPRINGS
(hereafter defined) and LEAGUE (hereafter defined), in order to resolve all claims between
MIKES, PARTYKA, WINTER SPRINGS and LEAGUE that were made, could have been
made, or may have been made in THIS LITIGATION (hereafter defined) or such other
separate litigation that was commenced, may have been commenced, or could have been
commenced by, or between, MIKES, PARTYKA, WINTER SPRINGS or LEAGUE, from
any source whatsoever including but not limited to the matters involving Arrowhead Units
1(1), II (2), III (3), IV (4) or V (5), any property in Seminole County including, but not limited
to real property or business property in Tuscawilla, the City of Winter Springs, the
Tuscawilla PUD, any golf course or country club operation in Seminole County, Orange
County, Hillsborough County, any zoning or permitting dispute, any political campaign, any
conduct, actions or statements, written or oral, which have been made to date, or any and
all theories which were pled or could have been pled by anyone of these individuals or
entities in any state or federal action from the beqinninq of the world to the date of the
Settlement Agreement.
DEFINITION OF TERMS
1. The term MIKES shall mean James R. Mikes, individually, Florida Country
Clubs, Inc., a Florida corporation, and Tuscawilla Land Company, a Florida corporation,
and any other corporation, partnership, firm, company, person, or entity, in privity or
associated with James R. Mikes, and all past and present shareholders, officers, directors
and employees of said entities, and any and all attorneys and law firms representing
MIKES, including but not limited to the law firm of Freeman, Hunter & Malloy.
2. The term PARTYKA shall mean Paul P. Partyka, individually, and in his
official capacity as Mayor of the City of Winter Springs, as well as any and all attorneys and
law firms representing PARTYKA, including but not limited to Jeffrey S. Weiss and the law
firm of Brown, Ward, Salzman & Weiss, P.A.
3. The term WINTER SPRINGS shall mean the City of Winter Springs, a Florida
Municipal Corporation, and any and all past and present employees, officers, officials
(elected or appointed), commissioners, agents, insurers, self-insurance funds, independent
contractor professionals (in their individual and official capacities), as well as any and all
attorneys and law firms defending or representing WINTER SPRINGS, including but not
limited to Anthony Garganese and Amari & Theriac, P.A.
4. The term LEAGUE shall mean the Florida League of Cities, Inc., the Florida
Municipal Insurance Trust and any and all past and present employees, trustees, officers,
directors, officials (elected or appointed), members, agents, insurers, self-insurance funds,
independent contractor professionals (in their individual and official capacities), as well as
any and all attorneys and law firms defending or representing the LEAGUE, including but
not limited to Michael J. Roper and Bell, Leeper & Roper, P.A.
5. The term THIS LITIGATION means and refers to the case of Florida Country
Clubs, Inc. and James R. Mikes v. Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.
and Paul P. Partyka, Case No. 99-1882-CIV-T-17, filed in the United States District Court
for the Middle District of Florida, Tampa Division. It shall also refer to any counterclaims
initiated by PARTYKA against MIKES. It may also be referenced in this document as This
Litigation.
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6. The term Settlement Agreement shall mean and refer to this document of 15
pages, entered into by and between, MIKES, PARTYKA, WINTER SPRINGS and
LEAGUE. It can also be referred to in this document simply as "The Agreement" or "This
Agreement. "
7. The term Settling Parties shall mean and refer collectively to MIKES,
PARTYKA, WINTER SPRINGS and LEAGUE as previously defined.
RECITALS
1. WHEREAS, This Litigation was commenced by MIKES in December, 1999
(or earlier); and
2. WHEREAS, PARTYKA believes that he has complied with all appropriate
rules, statutes, regulations, administrative requirements, and has behaved in complete
good faith with respect to MIKES and any land use disputes, land development disputes,
land development issues, permitting requirements and obligations or bills for water or other
services, political campaigns or other matters within or arising within Seminole County; and
3. WHEREAS, WINTER SPRINGS believes it has complied with all appropriate
rules, statutes, regulations, administrative requirements, and has behaved in complete
good faith with respect to MIKES and any land use disputes, land development disputes,
land development issues, permitting requirements and obligations or bills for water or other
services, or other matters within or arising within Seminole County; and
4. WHEREAS, it is understood that the Settling Parties admit no liability of any
sort by reason of the allegations contained in This Litigation, and the settlement thereof.
It is further recognized and understood that these mutual releases and this Settlement
Agreement constitute a good faith compromise of doubtful and disputed claims and are
made in good faith to terminate any further controversy respecting all claims for damages
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that might have heretofore been asserted or might hereafter be asserted because of any
incidents, acts, representations or events from the beqinninq of the world to the date of
This Agreement; and
5. WHEREAS, although PARTYKA, WINTER SPRINGS and LEAGUE
expressly deny each and every allegation in MIKES' complaint, they and their self-
insurance fund desire to amicably resolve This Litigation to avoid the extraordinary ongoing
and escalating litigation costs and expenses of further discovery and anticipated lengthy
trials; and
6. WHEREAS, the Settling Parties hereto, in the exercise of their best
independent judgment, coupled with extensive legal and professional advice, all believe
it is in their best interest to avoid the time, cost, expense and uncertainty of further
litigation, potential multiple appeals, and have agreed to execute This Settlement
Agreement; and
7. WHEREAS, PARTYKA, WINTER SPRINGS and LEAGUE, by and through
self-insurance funds, agree to pay a sum of money to compromise MIKES' alleged damage
claims in consideration for which MIKES has agreed to provide a full General Release
contained herein and to forever discharge PARTYKA, WINTER SPRINGS and LEAGUE,
from any and all claims from the beginning of the world until the execution of This
Settlement Agreement including, but not limited to, claims that may have arisen, were
asserted, could have been asserted, or may have been asserted by MIKES, under any
theory, whether in tort, contract, equity, statutory or otherwise, against PARTYKA, WINTER
SPRINGS and LEAGUE, or any other lawsuit, whether under state or federal law; and
8. WHEREAS, as part of this Settlement Agreement, each signatory to This
Agreement intends to release, and does by his, hers, or its signature in fact release, each
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and every other signatory from all future litigation, claims and proceedings - it being one
of the purposes of this resolution to serve as a mutual general release amongst all
signatories hereto; and
9. WHEREAS, MIKES acknowledges that WINTER SPRINGS, LEAGUE and
all counsel have fulfilled all outstanding Public Records Requests of MIKES.
10. WHEREAS, MIKES acknowledges and agrees that the General Release of
All Claims, which is attached hereto as Exhibit "A," expressly waives and assumes the risk
of any and all claims for damages which exist as of this date, of which MIKES does not
know or suspect to exist, whether through ignorance, oversight, fraud, concealment, error,
negligence, or otherwise and which, if known, would materially affect MIKES' decision to
enter into this settlement and provide said General Release. MIKES further agrees that
he has accepted payment of the sum specified herein as a complete compromise of
matters involving disputed issues of law and fact. MIKES assumes the risk that the facts
or law may be other than MIKES believes.
NOW, THEREFORE, in consideration of the foregoing recitals, the terms and
conditions set forth herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Settling Parties hereto intending to be
legally bound forever, do hereby agree as follows:
TERMS AND CONDITIONS
1. Consideration
a. To MIKES from the LEAGUE:
On or before June _' 2000, the LEAGUE shall pay to MIKES the
net sum of Sixty-five Thousand Dollars ($65,000.00) made payable
to James R. Mikes and Freeman, Hunter & Malloy, his attorneys. This
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sum is paid in consideration for the release of the claims made by
MIKES against PARTYKA as set forth in Count V of This Litigation,
and not for any claim for which MIKES may have against Carlton,
Fields, Ward, Emmanuel, Smith & Cutler, P.A. (herein CARLTON) as
a joint tortfeasor with PARTYKA or WINTER SPRINGS, and, among
other valuable consideration, is in consideration for the diminishment
in the value of the stock of the corporate plaintiff held by the individual
plaintiff. The parties do not intend that the payment result in a release
with respect to any damages which may result in This Litigation
against CARLTON.
b. From PARTYKA to MIKES
PARTYKA, in consideration for MIKES' General Release of
PARTYKA, shall pay Ten Dollars ($10.00) cash and provide a
General Release to MIKES of any and all claims and potential claims
against MIKES.
c. From WINTER SPRINGS to MIKES
WINTER SPRINGS in consideration for MIKES' General Release of
WINTER SPRINGS, shall pay Ten Dollars ($10.00) cash and provide
a General Release to MIKES of any and all claims and potential
claims against MIKES.
2. Releases. Each and every release contemplated by This Agreement is
incorporated herein and made a part of This Agreement.
a. MIKES shall provide to PARTYKA, WINTER SPRINGS and the
LEAGUE, complete, final, general releases of any and all claims from
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the beginning of the world to the date of This Agreement in the form
attached hereto as Exhibit "A."
b. PARTYKA, WINTER SPRINGS and the LEAGUE shall provide a
complete, final, general release of any and all claims from the
beginning of the world to the date of This Agreement to MIKES in the
form attached hereto as Exhibit "A."
3. Stipulation of Dismissal with Preiudice. Within ten (10) days of the
execution of this Settlement Agreement and delivery of the Sixty-five Thousand Dollars
($65,000.00) from the Florida Municipal Insurance Trust, the parties shall file a Stipulation
of Dismissal with Prejudice under Rule 41 of the Federal Rules of Civil Procedure, as to
all claims against PARTYKA and MIKES that are contained in Case No. 99-1882-CIV-T-
17. The parties will ask the Court to enter an order that approves the Settlement
Agreement and retains jurisdiction by the Court to enforce the terms of the Settlement
Agreement, although the Court's entry of such an order is not a requirement to the parties'
agreements herein.
4. Confidentiality AQreementlNon-Disparaqement. The terms of This
Agreement are highly confidential, and the confidentiality provisions are a key element of
consideration. Without the confidentiality and non-disparagement requirements set forth
herein, PARTYKA, WINTER SPRINGS and the LEAGUE would not have entered into This
Agreement. This Settlement Agreement (including exhibits) shall not, under any
circumstances be made of public record or with any court or with any other public body
except as required by law. It is recognized by the Settling Parties that WINTER SPRINGS
and the LEAGUE are subject to Florida Statute Chapters 119 and 286, and upon a proper
public records demand, This Agreement may be subject to disclosure. It, or its terms, shall
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under no circumstances be disclosed by any Settling Party to This Litigation to the press,
the media, or any other non-signatory to This Agreement, unless required by law. In
specific recognition thereof, and that the purpose hereof is to lay to rest further litigation,
controversy, and the public comment respecting the disputes between the Settling Parties,
and to permit all of them to buy their peace, each hereby covenants, promises, agrees, and
stipulates that the existence of the terms, conditions and payment amount of This
Agreement, as well as the incidents and events released hereby, cannot and will not be
disclosed, discussed, or be the subject of communications by ourselves and/or our
representatives or attorneys to any person or persons whosoever, expressly including, but
in no way limited to members of the press or elements of the news media, unless such
disclosure is required by law, and then only to the extent thereby required. We specifically
covenant, recognize and agree that breach hereof is prohibited by this Settlement
Agreement, and that irreparable harm would be caused to PARTYKA, WINTER SPRINGS
and the LEAGUE, by such a breach and that such a breach may be enforced by
appropriate civil action to enjoin further violation and recover the proceeds of this
Settlement Agreement, as well as such other damages as may have been caused thereby,
including court costs and reasonable attorney's fees.
a. This Confidentiality Agreement extends beyond MIKES, PARTYKA,
WINTER SPRINGS and the LEAGUE, to all counsel who have
represented them, all experts retained on their behalf, and all office
personnel for the respective law firms. This includes any and all
references to This Litigation as it pertains to PARTYKA, WINTER
SPRINGS and the LEAGUE, without mentioning specific terms,
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identifies or names in speeches, seminars, publications or "war stories."
b. Neither the documents assembled during the course of the lawsuit,
nor those prepared or produced by any Settling Party in the course of
discovery in this lawsuit may be used in any fashion against
PARTYKA, WINTER SPRINGS or the LEAGUE.
c. No Settling Party shall disparage any other Settling Party over the
events leading up to This Litigation, The Litigation, or the terms of the
resolution of any dispute between them up to the date of This
Agreement. Nothing contained in this Agreement shall be construed
to restrict any Settling Party from exercising his or her First
Amendment rights or making comment in a public forum regarding
another Settling Party, provided that said comments are lawful, non-
defamatory and not made with malice.
5. Attorney's Fees and Costs. The Settling Parties shall each bear their own
attorney's fees and expenses, and costs of This Litigation, and shall not look to any
Settling Party for any reimbursement.
6. No AssiQnments. Each of the Settling Parties hereby represents and
warrants to the other:
a. There has been no assignment of any right, cause or claim of action
released pursuant to This Agreement to any individual, corporation,
or other legal entity whatsoever; and
b. They have not relied on any representations other than those
expressly set forth herein.
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8. Miscellaneous Provisions.
a. Notices. Any notice to be given or served upon any Settling Party
hereto in connection with This Agreement must be in writing and shall
be deemed to have been given and received when a certified letter
containing such notice, properly addressed with postage prepaid, is
delivered to the party to whom it is addressed by the United States
mail, or if given otherwise than by certified mail, such as overnight
courier service, it shall be deemed to have been given when delivered
to the party to whom it was addressed. Notices by facsimile
transmittal are deemed given only upon verification of receipt. Such
notices shall be given to the Settling Parties hereto at the addresses
set forth in This Agreement, or such other addresses if notice is
properly given pursuant to the terms hereunder.
b. GoverninQ Law and Forum. This Agreement shall be construed and
enforced in accordance with and governed by the laws of the State of
Florida. Any disputes arising out of This Agreement shall be
mediated within 120 days of the written demand of any Settling Party.
Only then may litigation be commenced. All signatories and their
representatives shall make a good faith effort to be available within
the 120-day period. All Settling Parties agree Jay Cohen shall be
designated, if available, as the Mediator for any disputes regarding
either the documentation of This Agreement, or the enforcement of
This Agreement.
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c. Modification: Entire AQreement. Neither This Agreement nor any
of the terms hereto may be changed, waived, discharged, modified or
terminated orally, but only by an instrument in writing, signed by the
Settling Party against which enforcement of such change, waiver,
discharge, or termination is sought. This Agreement embodies the
entire Agreement and understanding between all signatories hereto,
and supersedes any and all prior agreement or understandings
relating to the subject matter, including oral agreements, if any.
d. Bindinq Effect. All the terms of This Agreement shall be binding
upon the respective heirs, executors, administrators, legal
representatives, successors and assigns of the Settling Parties hereto
and shall adhere to the benefit of and be enforceable by the Settling
Parties hereto and their heirs, executors, administrators, legal
representatives, successors, and assigns.
e. Default and Remedies. Except where enforcement mechanisms are
specifically set out in This Agreement (such as in the Confidentiality
provisions), in the event of any default of any Settling Party hereto,
the non-defaulting Settling Party or Settling Parties shall have
available all rights and remedies as provided by law, including without
limitation the right to apply to the courts for enforcement of This
Agreement. The prevailing party in any enforcement dispute is
entitled to recover all attorney's fees and costs incurred.
f. Waiver. Waiver by any party of any breach of any provision of This
Agreement shall not be considered as, or constitute a continuing
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waiver of that provision, or a waiver of any other provision of This Agreement.
g. Other Documents. The Settling Parties shall take all such actions
and execute all documents which may be reasonably necessary to
carry out the purposes of This Agreement, whether or not specifically
provided for herein.
h. Captions. The headings of This Agreement are for the purpose of
reference only, and shall not limit or otherwise affect the meaning
hereof.
I. Recitals. All recitals set forth above in this document are specifically
incorporated into the terms and conditions, as though fully set forth.
They shall constitute representations, warranties, covenants and
agreements, and are to be binding on all signatories.
J. Interpretation: Advice of Counsel. This Agreement shall not be
interpreted with regard to any presumption or rule requiring
interpretation against the drafter or the party causing This Agreement
to be prepared. It is understood This Agreement was specifically
negotiated by counsel for all Settling Parties and is a combined effort,
designed to meet the Settling Parties' desires and needs.
k. No Evidence Derived Hereunder. This Agreement IS highly
confidential and is inadmissible for any purpose in any court, except
for enforcement of the terms hereunder as in accordance with Florida
Statute ~90.408 and Federal Rule 408. Should it be necessary to
admit it for purposes of enforcement, the Settling Parties agree to
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jointly seek closure of the court file, the filing of this document under
seal or other appropriate mechanism to protect confidentiality.
I. No Third Party Beneficiaries. This Agreement is not intended and
shall not be deemed to create any rights in favor of any person or
entity who is not a party.
m. Severabilitv. The provisions, conditions and covenants of This
Agreement, except for confidentiality, are independent and severable.
In the event any portion of This Agreement is void or unenforceable
as to one signatory, it shall remain enforceable and valid as against
all other Signatories to the extent of their specific contributions,
releases and requirements.
IN WITNESS WHEREOF, the Settling Parties, have set their hands and seals as
dated herein.
FLORIDA COUNTRY CLUBS, INC.
By and through: James R. Mikes, President
8T A TE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
,2000, by James R. Mikes, as President of FLORIDA COUNTRY CLUBS, INC.,
who is personally known to me or who has produced as
identification and who did take an oath.
Notary Public
My Commission Expires:
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JAMES R. MIKES, individually
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 2000, by JAMES R. MIKES, individually, who is personally known to me or who
has produced as identification and who did take an oath.
Notary Public
My Commission Expires:
PAUL P. PARTYKA, individually
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,2000, by PAUL P. PARTYKA, individually, who is personally known to me or
who has produced as identification and who did take an
oath.
Notary Public
My Commission Expires:
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CITY OF WINTER SPRINGS
By and through: Paul P. Partyka, Mayor
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2000, by Paul P. Partyka, as Mayor of the CITY OF WINTER SPRINGS, who
is personally known to me or who has produced as
identification and who did take an oath.
Notary Public
My Commission Expires:
FLORIDA LEAGUE OF CITIES, INC.
By and through:
David Storey, Litigation Specialist
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
, 2000, by David Storey, as Litigation Specialist for the FLORIDA LEAGUE OF
CITIES, INC., who is personally known to me or who has produced
as identification and who did take an oath.
Notary Public
My Commission Expires:
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"
GENERAL RELEASE OF ALL CLAIMS
This General Release is executed this day of June, 2000, by and among
the Plaintiffs, FLORIDA COUNTRY CLUBS, INC. and JAMES R. MIKES, individually
(hereafter collectively MIKES, as defined in the Settlement Agreement of which this
Release is a part), and Defendant, PAUL P. PARTYKA, individually, and in his official
capacity as Mayor of the City of Winter Springs (hereafter PARTYKA, as defined in the
Settlement Agreement of which this Release is a part), the LEAGUE (as defined in the
Settlement Agreement of which this Release is a part), the CITY OF WINTER SPRINGS
(as defined in the Settlement Agreement of which this Release is a part), in orderto resolve
all claims, including, but not limited to those between MIKES, PARTYKA, LEAGUE and
WINTER SPRINGS, as each of those terms and entities is defined in the Settlement
Agreement dated June _' 2000, that were made, could have been made, or may have
been made in the litigation currently pending in the United States District Court for the
Middle District of Florida, Tampa Division, specifically, Case No. 99-1882-CIV-T-17, styled
Florida Country Clubs, Inc. and James R. Mikes v. Carlton, Fields, Ward, Emmanuel, Smith
& Cutler, P.A. and Paul P. Partyka, or from any source whatsoever, including but not
limited to matters arising out of the handling of certain land use disputes, land use
development disputes, land use issues, permitting requirements, obligations or bills for
water or other services, alleged constitutional violations, political campaigns, any conduct,
actions or statements, written or oral, which have been made up to the present date, or any
other matters from the beqinninq of the world to the date of this General Release.
EXHIBIT "A"
RECITALS AS TO RELEASE GIVEN BY MIKES TO
PARTYKA. WINTER SPRINGS AND THE LEAGUE
1. WHEREAS, litigation was commenced by MIKES in December, 1999 (or
earlier); and
2. WHEREAS, MIKES, PARTYKA, WINTER SPRINGS and the LEAGUE
anticipate substantial and expensive research, pleadings and discovery during the course
of litigation, if it proceeds; and
3. WHEREAS, PARTYKA, WINTER SPRINGS and the LEAGUE deny any
wrongdoing and do not admit any wrongdoing by resolving this action, and specifically have
multiple meritorious defenses to MIKES' claims and specifically and generally deny each
and every allegation contained in MIKES' complaint, however, desire to amicably resolve
the litigation to avoid extraordinary and ongoing litigation costs and expenses; and
4. WHEREAS, the LEAGUE agrees to pay the sum of Sixty-five Thousand
Dollars ($65,000.00) to compromise MIKES' alleged claim, while PARTYKA and WINTER
SPRINGS each agree to pay Ten Dollars ($10.00) and give other good and valuable
consideration, including a General Release of MIKES, in consideration for which MIKES
has agreed to provide this full and complete General Release and to forever discharge
PARTYKA, WINTER SPRINGS and the LEAGUE from any and all claims from the
beginning of the world until the execution of this release, including but not limited to claims
that may have arisen, were asserted, could have been asserted, or may have been
asserted by MIKES in the litigation currently pending in the United States District Court for
the Middle District of Florida, bearing Case No. 99-1882-CIV-T-17, or any other lawsuit,
appeal or claim arising out of any action or inaction on the part of PARTYKA, WINTER
SPRINGS or the LEAGUE.
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5. WHEREAS, MIKES acknowledges and agrees that this is a General Release
of All Claims and expressly waives and assumes the risk of any and all claims for damages
which exist as of this date, of which MIKES does not know or suspect to exist, whether
through ignorance, oversight, fraud, concealment, error, negligence, or otherwise and
which, if known, would materially affect MIKES' decision to enter into this settlement and
provide this General Release. MIKES further agrees that he has accepted payment of the
sum specified herein as a complete compromise of matters involving disputed issues of
law and fact. MIKES assumes the risk that the facts or law may be other than he believes.
NOW, THEREFORE, in consideration of the specific rights and obligations set forth
above, and in the Settlement Agreement, all which are specifically incorporated herein, and
other good and valuable consideration, receipt of which is hereby acknowledged by
MIKES, MIKES agrees as follows:
MIKES, on his own behalf, and on behalf of his respective heirs, executors, legal
representatives, receivers, administrators, agents, attorneys (past and present), law firms
(past and present), successors, partners, privies, spouses, former spouses, parents,
guardians, and assigns, does hereby forever release, discharge and acquit PARTYKA,
WINTER SPRINGS and the LEAGUE, and their heirs, executors, administrators, attorneys,
prior attorneys, receivers, insurers, self-insurance funds, predecessors, successors,
privies, assigns, agents, employees, professional associations, stockholders, shareholders,
officers, directors, elected officials, appointed officials, representatives, associates,
employees, agents, and lawyers, of and from any and all claims, actions, causes of action,
demands, payments, attorney's fees, benefits, rights, damages, costs, loss of service,
liens, expenses, liabilities and compensation whatsoever which MIKES has, ever had, now
has, or which may hereafter accrue against PARTYKA, WINTER SPRINGS and the
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LEAGUE on account of or in any way growing out of any and all known and unknown,
foreseen and unforeseen, losses or damages, and any consequences thereof resulting
from any transactions, dealings, contracts, relationships, conversations, communications,
professional services, land development disputes, land development issues, permitting
requirements and obligations or bills for water or other services, billing disputes, political
campaigns, Public Records Requests, any conduct, actions or statements, written or oral,
which have been made to date, or any other matter from any and all claims, rights, and
actions of any nature or kind, whether based upon state or federal law, whatsoever from
the beqinninq of the world to the date of this General Release. This General Release
includes, but is not limited to, a release of all claims relating to or arising out of the litigation
bearing Case No. 99-1882-CIV-T-17 in the United States District Court for the Middle
District of Florida, as well as for all matters arising out of any property in Orange, Seminole
or Hillsborough Counties, and including but not limited to any and all claims for fraud,
deceit, conspiracy, breach of contract, misrepresentation, tort, equity, civil rights,
compensatory or punitive damages, interest, costs, attorney's fees, economic or non-
economic damages of any nature whatsoever which might be available under any theory
of recovery, under either federal or state law. PARTYKA, WINTER SPRINGS and the
LEAGUE are released from any and all claims of vicarious liability, derivative liability, or
direct liability for those individuals, officials (elected or appointed), and entities as defined
in this Agreement. Notwithstanding any other term or condition of this General Release
(or the Settlement Agreement) of which it is a part), the parties specifically acknowledge
that they do not intend to cause a release, accord and
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satisfaction or discharge of CARLTON (as defined in the Settlement Agreement) from any
duty or liability as asserted in This Litigation (as defined in the Settlement Agreement),
including but not limited to each Count asserted by MIKES against CARLTON.
I
THIS IS A LEGALLY BINDING CONTRACT - - READ CAREFULLY BEFORE SIGNING.
JAMES R. MIKES, individually
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
,2000, by JAMES R. MIKES, individually, who is personally known to me orwho
has produced as identification and who did take an oath.
Notary Public
My Commission Expires:
FLORIDA COUNTRY CLUBS, INC.
By and through: James R. Mikes, President
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
,2000, by James R. Mikes, as President of FLORIDA COUNTRY CLUBS, INC.,
who is personally known to me or who has produced as
identification and who did take an oath.
Notary Public
My Commission Expires:
5
"
RECITALS AS TO RELEASE GIVEN BY PARTYKA,
WINTER SPRINGS AND THE LEAGUE AS TO MIKES
1. WHEREAS, litigation was commenced by MIKES in December, 1999 (or
earlier); and
2. WHEREAS, PARTYKA, WINTER SPRINGS and the LEAGUE anticipate
substantial and expensive research, pleadings and discovery during the course of litigation,
if it proceeds; and
3. WHEREAS, MIKES denies any wrongdoing and does not admit any
wrongdoing by the filing of suit or settlement of the action, and specifically and generally
denies any allegation of malicious prosecution, abuse of process, or violation of Federal
Rule of Civil Procedure 11; however, desires to amicably resolve the disputes to avoid
extraordinary and ongoing litigation, costs and expenses; and
4. WHEREAS, PARTYKA, WINTER SPRINGS and the LEAGUE agree to
accept MIKES' full and complete General Release and discharge of PARTYKA, WINTER
SPRINGS and the LEAGUE as to any and all claims from the beginning of the world until
the execution of this General Release as consideration for PARTYKA, WINTER SPRINGS
and the LEAGUE'S General Release of MIKES.
NOW, THEREFORE, in consideration of the specific rights and obligations set forth
above, and in the Settlement Agreement, which are specifically incorporated herein, and
other good and valuable consideration, receipt of which is hereby acknowledged by
PARTYKA, WINTER SPRINGS and the LEAGUE, agree as follows:
PARTYKA, WINTER SPRINGS and the LEAGUE, on their own behalf, and on
behalf of their respective heirs, executors, legal representatives, receivers, administrators,
agents, attorneys (past and present), law firms (past and present), successors, partners,
privies, spouses, former spouses, parents, guardians, and assigns, do hereby forever
6
o
,f
~
release, discharge and acquit MIKES and his heirs, executors, administrators, attorneys,
prior attorneys, receivers, insurers, predecessors, successors, privies, assigns, agents,
employees, professional associations, stockholders, shareholders, officers, directors,
elected officials, appointed officials, representatives, associates, employees, agents and
lawyers, of and from any and all claims, actions, causes of action, demands, payments,
attorney's fees, benefits, rights, damages, costs, loss of service, liens, expenses, liabilities,
and compensation whatsoever which PARTYKA, WINTER SPRINGS and the LEAGUE
has, ever had, now has, or which may hereafter accrue against MIKES on account of or
in any way growing out of any and all known and unknown, foreseen and unforeseen,
losses or damages, and any consequences thereof resulting from any transactions
dealings contracts, relationships, conversations, communications, professional services,
political campaigns, or any other matter from any and all claims, rights and actions
whatsoever from the beQinninQ of the world to the date of this General Release. This
General Release includes, but is not limited to, a release of all claims relating to or arising
out of the initiation of litigation bearing Case No. 99-1882-CIV-T-17 in the United States
District Court for the Middle District of Florida, as well as for all matters arising out of any
property in Orange, Seminole or Hillsborough Counties.
MIKES is released from all claims of vicarious liability, derivative liability, or direct
liability by those individuals and entities set forth above. Notwithstanding any other term
or condition of this General Release (or the Settlement Agreement) of which it is a part),
the parties specifically acknowledge that they do not intend to cause a release, accord and
satisfaction or discharge of CARLTON (as defined in the Settlement Agreement) from any
7
.
.f
.
duty or liability as asserted in This Litigation (as defined in the Settlement Agreement),
including but not limited to each Count asserted by MIKES against CARLTON.
THIS IS A LEGALLY BINDING CONTRACT - - READ CAREFULLY BEFORE SIGNING.
PAUL P. PARTYKA, individually
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2000, by PAUL P. PARTYKA, individually, who is personally known to me or
who has produced as identification and who did take an
oath.
Notary Public
My Commission Expires:
CITY OF WINTER SPRINGS
By and through: Paul P. Partyka, Mayor
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
I 2000, by Paul P. Partyka, as Mayor of the CITY OF WINTER SPRINGS, who
is personally known to me or who has produced as
identification and who did take an oath.
Notary Public
My Commission Expires:
8
/
FLORIDA LEAGUE OF CITIES, INC.
By and through:
David Storey, Litigation Specialist
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
,2000, by David Storey, as Litigation Specialist for the FLORIDA LEAGUE OF
CITIES, INC., who is personally known to me or who has produced
as identification and who did take an oath.
Notary Public
My Commission Expires:
9