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Home My WebLink AboutMikes, Bricklemyer, Kruppenbacher, Stenstrom, Winter Springs, League, and THOA Settlement Agreement -1998 12 01 SETTLEMENT AGREEMENT This Settlement Agreement is executed this /~ day of December, 1998, by and among MIKES (hereafter defined), BRICKLEMYER (hereafter defined), KRUPPENBACHER (hereafter defined), STENSTROM (hereafter defined), WINTER SPRINGS (hereafter defined), LEAGUE (hereafter defined), and THOA (hereafter defined), in order to resolve all claims Florida Country Clubs between MIKES, BRICKLE STENSTROM, LEAGUE, THOA, and WINTER S been made, or may have been made in THIS LITIG separate litigation that was MIKES, BRICKLEMYER, KRUPPENBACHER, S M, LEAGUE, WINTER SPRINGS, or THOA, from any source whatsoever inc involving Arrowhead Units I (1), II (2), III (3), IV ( (5), any property in Seminole County including, but not limited to real property or property in Tuscawilla, the City of Winter Springs, the Tuscawilla PUD, any golf or country club operation in Seminole County, Orange County, Hillsborough Cou y zoning or permitting dispute, the rendering of any legal or professional service, or d all theories which were pled or could have been pled by anyone of these individu of the world to the date 0 arties to This Litigation acknowledge, howev s sole discretion after This Agreement has been concluded, to commence a new declaratory judgment action to determine whether vested rights to single family development exist in Arrowhead Units III (3) or IV (4) 1 ~ ~JIf ~L'Ce<<.,~ ~;i__ I following the settlement reached in the twice amended Seminole County Case Number 91-2244- CA-16-K. MIKES agrees not to contest said action, or to file any responsive pleading in said action adverse to WINTER SPRINGS. DEFINITION OF TERMS 1. The term MIKES shall mean James R. Mikes, individually, Florida Country Clubs, Inc., a Florida corporation, and Tuscawi and present shareholders, offi Company, a Florida Corporation, and all past nd any and all attorneys and law olomon and Solomon & Benedict, P.A. 2. RICKLEMYER shall include Bricklemyer Smolker & Bolves, P .A., a Florida Profession tion, and any and all past and present partners, law firms (including but not limited to , Miller, Schwartz, and Cohn), shareholders, stockholders, associates, agents, insure surance funds, and employees of the professional association, as well as any and all ys and law firms representing 3. The term KRUPPENBAC Kruppenbacher, P .A., a Florida Profi a Florida Professional Associ s Scarritt, J r., and Davis and Scarritt, P. A. BRICKLEMYER including, but not limited to associates, agents, i I mean Frank Kruppenbacher individually, Frank I Association, and Kruppenbacher & Associates, P.A., tners, law firms, areholders, stockholders, e professional association, as well as any and all attorneys and law firms representing KRUPPENBACHER, including but not limited to F. Scott Pendley and Dean, Ringers, Morgan & Lawton, P.A. 2 !(fIl ii ~!1' -.' . - - 4. The term WINTER SPRINGS shall mean the City of Winter Springs, a Florida 11' Municipal Corporation, and any and all past and present employees, officers, officials (elected or ~ appointed), 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 KRUPPENBACHER, ~ II L. Wean, and Wean & Malchow, P.A. 5. , Association, Inc., as well o =- ~ Muszynski & Doyle, P. as any and all mandatory or voluntary homeowner associ n the Tuscawilla PUD, and any and all of the following, both individually and in thei tative capacities, all past and - ''!El present officers (elected or appointed), members, directo s, insurers, self insurance funds, as well as any and all attorneys or law firms represen OA including STENSTROM, Paul 6. The term THIS LITIGATIO and refers to the case of Florida Country II Clubs, Inc., Tuscawilla Land Company ames R. Mikes v. Bricklemyer, Smolker & Bolves, II es District Court for the ~ Middle District of Florida, ird party claims, cross- claims, or counter-cl . Golf Capital Corporation - == v. James R. Mikes, et al., bearing Case Number 96-02944-C in Hillsborough Circuit Court, and == the action filed by Florida Country Clubs Inc. against WINTER SPRINGS in Seminole County, - - 3 ~.f4~; ~FK. - . ~ '.. Case Number 91-2244-CA-16-K and the Motion for Interpretation filed therein in May 1997. It may also be referenced in this document as This Litigation. ] 7. The term Settlement Agreement shall mean and refer to this document of 25 pages, plus Exhibits A through F, entered into by and between MIKES, BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and THOA. It can STENSTROM, including but not limited to Lora Dunla e Agreement" or "This Agreement." 8. ~ COLBERT, WHIGH d present partners, law firms, shareholders, associate ployees of the professional association, as well as y and all attorneys and law firm or representing I Werrenrath, Wack & Dickson, P.A. 9. The term Settling Parties shall mean r collectively to MIKES, - 1- BRICKLEMYER, KRUPPENBACHER, STEN , LEAGUE, WINTER SPRINGS, l~ and THO A as previously defined. 10. The term LEAGUE shall the Florida League of Cities, Inc., the Florida Municipal Insurance Trust and any past and present employees, trustees, officers, - --. directors, officials (elected or f insurance funds, -"."~ =,.iJll independent contractor ~r any and all attorne AGUE, including but not . limited to Michael J. Roper and Bell, Leeper, & Roper, P.A. ~ T 4 % t*~~ ~!P T T =lIIII!! ~ ~ ~ :) RECIT ALS 1. WHEREAS, This Litigation was commenced by MIKES in December 1997 (or earlier); and 2. WHEREAS, the Settling Parties have engaged in substantial and expensive discovery, legal research, and investigation during the course of this litigation, including weeks - of depositions; and -'r ----- -IJ -'~ =-;:1 -!! .~' =--...'>- "'"--- ~-- -- 3. WHEREAS, J eptember 18, 1998, has dismissed large portions of the Fe e to amend, thus leaving the Settling Parties anticip ding, motion practice, and discovery; and 4. WHEREAS, BRICKLEMYER, KRUPP R, AND STENSTROM believe each of them has at all times performed all pro services relating to all clients diligently, and in accordance with the highest proD standards and each has multiple meritorious defenses to the claims which remain or pled in an amended complaint in This Litigation; and 5. and THOA acknowledge BRICKLEMYER, STENSTROM, AND KRUPPENB have at all times performed all professional services relating to their respective cli ighest professional standards; and 6. elieve they have complied WH with all appropriate rules, regulations, administrative requirements, and behaved in complete good faith with respect to MIKES and any land use disputes, land development disputes, land 5 19~ 6-.',,1<' 'C v/ I ..;0:, - ---= j --.:::- .... :-:- ~ ~ .- . . ---L- =:- ;;;;;;;;;;;;; - - o .. - ,-. L-. III IIiI --- development issues, or other matters within Seminole County; and 7. WHEREAS, MIKES acknowledges that WINTER SPRINGS contends that the exclusive cause of any loss MIKES claims to have sustained was the result of conduct by GA TX Golf Capital, a division of GA TX Capital Corporation, and such conduct reduced the value of Florida Country Clubs, Inc., and was not attributable to the claimed deprivation or the loss of value of any development rights with res Arrowhead--Units III (3), IV (4), or V (5); and 9. 8. WHEREAS, it' by reason of the allegatio ttlement thereof. It is further recognized and underst ment Agreement constitute a good faith compromi of doubtful and disputed claims a e in good faith to terminate any further controversy respecting all claims for damages t ave heretofore been asserted or might hereafter be asserted because of any incidents rofessional representations, or events from the beginning of the world to the date of reement except as modified by the right of WINTER SPRINGS to institute a new de y action as set out above; and , KRUPPENBACHER, STENSTROM" LEAGUE, WINTER SPRINGS, and expressly deny each and every allegation in MIKES' Complaint, they and their' rs and self insurance funds desire to amicably resolve This Litigation to avoid the ex n costs and expenses of further discovery and a 10. WH se 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 ~.l~t~ \J e1~ e ,c~..-> tJ;>- 6 ,.:../"""----... -- ,. -- -- JIIIII JIIIII ,. JIll . . . J1t . . . . . . . appeals, and have agreed to execute This Settlement Agreement; and 11. WHEREAS, BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and THOA, by and through their insurers, and 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 full General Releases and to forever discharge BRICKLEMYER, KRUPPE LEAGUE, and THOA fro R, STENSTROM, WINTER SPRINGS, execution of This Settle arisen, were asserted, BRICKLEMYER, K PPENBACHER, STENSTRO , WINTER SPRINGS, or THO A in This Litigation, or any other lawsuit whethe 12. WHEREAS, no Settling Party has knowl evidence improper or unethical conduct by MIKES, B STENSTROM, or any other professional involved . necessitate the filing of a grievance or other n te or federal law; and y facts or circumstances which MYER, KRUPPENBACHER, spect of This Litigation which would on to any state bar association; and ettlement Agreement, each signatory to This y his, hers, or its signature in fact release, each and s -- it being one of the e amongst all signatories hereto except MI new declaratory action in Seminole County, Florida, to determine whether vested single family development rights exist as to Arrowhead Units III (3) or IV (4); and 13. WHEREAS, as part Agreement 7 ~ ~/ f1: <8-, .~ 0 ~JS . ~ ~ ~ ,-..... ~ ----- iiiiiiiiiiiiiii -=F - - - . . ... ... . r- - - -'11___ U 11II -- III III III -- iii 14. WHEREAS, MIKES acknowledges that Tuscawilla Land Company owns five lots in Arrowhead Unit II (2), which are fully platted and developable for single family residences, and that MIKES owns no other right, interest, or option or development rights within Arrowhead Units III (3) and IV (4), or any other area of the City of Winter Springs; and 15. WHEREAS, MIKES recognizes and acknowledges for the five (5) lots referenced above, the record owner, remains liable f: nd all taxes, permit fees, costs, and development expenses associa his Agreement is meant to effect, alter, modify, change, or 16. WHE and all counsel have of MIKES. NOW, THEREFORE, in consideration of the fore Is, the terms and conditions set forth herein, and other good and valuable considerati ceipt and sufficiency of which is hereby acknowledged, the Settling Parties hereto, . g to be legally bound forever, do hereby agree as follows: 1. Consideration. a. To MIKES fro to MIKES by Federal Funds Wire Transfer the n 0). The Federal Funds Wire Transfer shall BANK: BANK LOCATION: AMSOUTH BANK 100 NORTH TAMPA STREET TAMPA, FLORIDA 33602 8 ,\ 9r: fli J~ \}J~~fy- , (J <-1 \.) c. . ,/ -:-"" , , I r- ACCOUNT NAME: ACCOUNT NUMBER: ABA ACCOUNT: REFERENCE: SOLOMON & BENEDICT, P .A., lOT A TRUST ACCOUNT 062000019 JAMES R. MIKES ~ and shall be transmitted so as to ensure clearance and availability on December 1, 1998. o r- ~ -~ 1- u ~ \ - .'JI - I b. From WINTER SPRINGS to MIKES: WINTER SPRINGS shall provide to MIKES or his designee, an unconditional and absolute assignment of all its t Carlton, Fields, Emmanuel, Ward, Cutler, and Smith, P.A., fo 'f any, incurred after notice of a conflict of interest in th 6-02944-C and the Motions for Interpretation filed -CA-16-K. The assignment shall be in the form attached hereto as Exhibit A. Notwit language to the contrary set forth in This Agreement (inc t not limited to any exhibits), the parties agree that with respect to Carlton, Fields, E , Ward, Cutler & Smith, P.A. (herein referred to as "CARLTON") such entity sha the beneficiary of any agreement reached between the SETTLING PARTIES, and owing shall control: The term "WINTER SPRINGS" as defined in Paragraph 4 on pa 11 not include CARLTON; Paragraphs 12 and -----c- no release provisions shall apply to any claim ~ ~ -----..:..-- - . - nt of the WINTER SPRINGS rights and claim page 11 and the volu Paragraph 3 on pages 11 & 12 shall not apply to CARLTON: and the Confidentiality Agreement referenced in Paragraph 4 on pages 12 through 15 shall not apply to MIKES' intended assertion of claim 9 tr~ ~ g~ (iZQc' -1 C/-" -,,--..., against CARLTON. c. From MIKES to WINTER SPRINGS: MIKES shall return and/or assign to The City of Winter Springs certain prepaid - water and sewer impact fee certificates, referred to in This Litigation as "ERCs." Mikes shall return or assign all 57 ERCs by November 30, 1998. In addition, MIKES shall assign to e. roperty within Arrowhead Unit V (5) which WINTER SPRINGS, any option to ac u' f - was acquired from GA TX Go .' 1'..".... subsidaries in the form at rizes WINTER SPRINGS to commence a declarato -'--- development exist in any prior rulings, actions, ~ decisions, settlement agreements or amendments to settle ments and agrees not to contest said action or file any pleading or paper in said ac ing vested rights. Mikes also agrees to accept service of said action by mail. d. BRICKLEMYER, in consi for MIKES' General Release of --~- BRICKLEMYER, shall pay Ten Dollars ($10. and provide a General Release to MIKES of any and all claims and potential claims , in consideration of MIKES' General Release of KRUPPENBACHER shall pa ral Release to MIKES of any and all claims an f. General Release of STENSTROM shall pay Ten Dollars ($10.00) in cash and provide a General Release to MIKES JW of any and all claims and potential claims against MIKES. 10 ~ }Vlv( ~ v ~ ~/ ..0 /1 ~t95 '/~}7 l~ .. _I ,r ~'Im~ ~~ f . - - - IIiII - - U - l1li - - - -- III g. THOA in consideration for MIKES' General Release of THOA shall pay Ten Dollars ($10.00) in 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. STENSTROM, LEAGUE of any and all claims fro This Agreement in the form b. BRICKLEMYER, KRUPPENBA WINTER SPRINGS, and THOA shall provide a comple claims from the beginning of the world to the date of attached hereto as Exhibit D. This release shall not ENSTROM, LEAGUE, general release of any and all reement to MIKES in the form er, preclude WINTER SPRINGS from filing the previously identified declaratory . nt action regarding vested rights. c. BRICKLEMYER, WINTER SPRINGS, and THOA sha NBACHER, STENSTROM, LEAGUE, complete, final, general release of any and all each other in the form 3. s of the execution of this Settlement Agreement and delivery of the Two Million Dollars ($2,000,000.00), from the Florida Municipal Insurance Trust, MIKES shall file a Voluntary Dismissal with Prejudice as to all 11 ~~ Mt[~ (:::;. ~ 1~ - r r TI"1 =- claims against WINTER SPRINGS, which will act as a covenant not to sue as to THOA and the LEAGUE, said dismissal or dismissals shall include the appeal presently pending at the Fifth District Court of Appeal bearing Case Number 98-1822. The Motion for Interpretation pending in Seminole County Case Number 91-2244-CA-16-K shall similarly be dismissed by WINTER n SPRINGS. MIKES shall agree to the entry of a Final Judgment in favor of BRICKLEMYER, KRUPPENBACHER, AND STENSTR. --~ press, the media, or any other non-si 4. The terms of This Agreement TO ,.... '.... element of consideration. .. BRICKLEMYER, K PPENBACHER, STENSTRO , WINTER SPRINGS, - - and THOA would not have entered into This Agreement. ement Agreement (including exhibits) shall not, under any circumstances, be filed of ord or with any Court or with any other public body except as required by law. It i zed by the Settling Parties that WINTER SPRINGS and the LEAGUE are subjec~, ida Statute Chapters 119 and 286, and --- upon a proper public records demand, This A nt may be subject to disclosure. It, or its ~ terms, shall under no circumstances be di by any Settling Party to This Litigation to the to This Agreement, unless required by law and notice is given as set forth herein. urpose hereof is to lay -~--, he disputes between the Settling Parties, an ereby 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, t~ r!!!tV.5 ~ 12 [II - - = . . - - I'"" ~ - I rl --r ~~ - III . . . . . - . ... - 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 BRICKLEMYER, KRUPPEN ER, STENSTROM, LEAGUE, WINTER SPRINGS and THOA by suc h may be enforced by appropriate civil action to enjoin furt this Settlement Agreement, as g court costs and reasonable attorney's fees. a. This Confidentiality Agreement ext BRICKLEMYER, KRUPPENBACHER, STENSTRO GUE, WINTER SPRINGS, and THOA, to all counsel who have represented the perts retained on their behalf, and all office personnel for the respective law firms. cludes any and all references to This Litigation as it pertains to BRICKLEMYER, NBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and THOA, witho ntioning specific terms, identities, or names in speeches, seminars, publications, or b. the lawsuit, nor those prepared or produced by this lawsuit may be used in any fashion agai TENSTROM, LEAGUE, WINTER SPRINGS, or THOA. Mikes shall return to WINTER SPRINGS all documents obtained from Winter Springs, The LEAGUE, and any Settling Party to This Litigation by M~L~ 13 '"I"'" .. discovery or Public Records Request to the extent reasonably possible. r1 c. No Settling Party shall disparage any other Settling Party over the events Iiiil 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. T' d. Should any disclosure be required by law which may constitute a breach of this confidentialty provision, notice of t . losure must be provided in advance to: r - ---.. { - Michael Roper, Esquire, Bell, Leeper, & Roper, P. A 390 N. Orange Ave., Suite Orlando, FL 32801 - .- F. Scott Pendley, Esquire Dean, Ringers, et al. P. O. Box 2928 Orlando, FL 32802-29 I T Thomas Scarritt, Davis & Scarritt 100 N. Tampa Tampa, FL ,-- ~ King, Blackwell & Downs, P.A. P. O. Box 1631 Orlando, FL 32802-1631 14 tpq ~~ /?, /iJPJ\ <-,4. ----r"' --.- Paul Wean, Esquire Wean & Malchow, P.A. 1305 East Robinson Street, Suite C Orlando, FL 32802 ;:II --Jiiil Lora Dunlap, Esquire 20 North Orange Ave. Suite 1500 Orlando, FL 32802 In no event shall THOA be liable for disclosure by any person who is not an officer, director, 5. Attorney's Fees and Costs. The Sett inal Settlement Agreement executed ~ I agent or attorney of THOA, pr ~"""!""'" by the parties and deliver insurer to become and remain a record of the insurer [ - as an official record of ~ THOA, and provided the official records of the ,-- THOA. '= ---r attorney's fees and expenses, and costs of This Litigaf shall not look to any settling party -=- for any reimbursement. This provision, howev in no way, affect or release National Casualty Company's obligation and responsib. reimburse LEAGUE for one half of the legal fees and costs incurred by LEAGUE oviding a defense to BRICKLEMYER in This Litigation, as previously agreed to 6. resents and warrants to - . the other: a. ',C pursuant to This Agreement to any individual, corporation, or other legal entity whatsoever; and --41 b. They have not relied on any representations other than those expressly set 15 t~ }q~ -...... ~ -- --:""T ... -""i""W' .. r ,-.- I ~ T::" r - ----;::: L- dill .- --~ .--=- - - - . . }. .. forth herein. 7. 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 is it addressed by the United States mail, or if given otherwise then by certified m . service, it shall be deemed to have been given when delivere otices by facsimile transmittal all be given to the Settling Parties hereto at the other addresses if notice is properly given pursuant to the terms hereunder. b. Governing Law and Form. ment shall be construed and enforced in accordance with and governed by the la State of Florida. Any disputes arising out of This Agreement shall be mediated w. o days of the written demand of any Settling Party only then may litigation be co All Signatories and their representative shall make a good faith effort to be availabl the 120 day period. All Settling Parties agree Jay Cohen shall be designated, if avai as the Mediator for any disputes regarding either the t. c. nor any of the terms hereto may b nated 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 16 ,\ ~rt \~ ~ ~.vC r .- understanding between all signatories hereto, and supersedes any and all prior agreement or r understandings relating to the subject matter, including oral agreements, if any. d. Binding Effect. All the terms of This Agreement shall be binding upon the ~ respective heirs, executors, administrators, legal representatives, successors, and assigns of the t - 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 cawilla PUD who are not officers, , ~- directors, agents, or attor e. orcement mechanisms are r specifically set out in provisions), in the event of { any default of any Settling Party hereto, the non-default" g Party or Settling Parties shall have available all rights and remedies as provided cluding without limitation the right to apply to the courts for enforcement of This nt. The prevailing party in any enforcement dispute is entitled to recover all attorn s and costs incurred. f. of any breach of any provision of This Agreement shall not be considered as, or te a continuing waiver of that provision, or a waiver of any other provision of Thi g. e all such actions and execute all documents ut the purposes of This Agreement, whethe h. Captions. The headings of This Agreement are for the purpose of reference only, and shall not limit or otherwise affect the meaning hereof. 17 ~~ ~~ '}1 hJ ;;~\ _- --,I ~ 1. 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. '1'1 J. Interpretation: Advice of Counsel. This Agreement shall not be interpreted IT 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 '-' Settling Parties desires an bined effort, designed to meet the II negotiated by counsel for all k. ement is highly confidential Ii;;j and is inadmissible fo ent of the terms hereunder ~lij as in accordance with Florida Statute ~90.408 or Federa . Should it be necessary to admit it for purposes of enforcement, the Settling Parties ---.-. file, the filing of this document under seal, or 0 propriate mechanism to protect '-- confidentiality. . '-. I. is Agreement is not intended and shall not ---= - ,- rson or entity who is not a party. m. Severability. visions, conditions, and covenants of This Agreement, ... except for confidentiality, ~':"'!" 4h~ht any portion of This enforceable and valid as against all other ntributions, releases, and requirements. ~ n. Duplicate Orignials. To be effective This Agreement must be executed ~ 18 ~ r ~ /'1 "Qc-/':-J0: v? '-- --:'" T1 -" ---,-, -=- -r ur - ,- - - - - .. r. - - - l1li till ....-# -- '. its entirety. Numbered executed copies will be provided as follows: 1. 2. 3. 4. 5. 6. 7. MIKES/Solomon WINTER SPRINGS/Lengauer THOA/Wean (THOA's Insurer) STENSTROM/Dunlap KRUPPENBACHER/Pendley BRICKLEMYER/Scarritt LEAGUE/Roper eir hands and seals as dated herein. CLUBS... INC. ,(': ~~E-s' h6'S/LY",v'/," itle) STATE OF ~~ COUNTY dF . tJs j?rY'CiI~ islor day of JJJcCl7lber, ow to me or who has produced Q take an oath. The !gr.egoing ir,Wru 1998, by..-JaJ/UJ f(. nt was acknowledged bd //le5: , who is pers as identification, and Lucv M. Bethea '}, MY COMMISSION" CC599134 EXPIRES .:,~ February g, 2001 ,2i~J~~~~':- smWED THRU TROY FAIN INSUR~NCE, INC. I"""". 19 r ~ hi) /C} Q ~l.'V.- ~ ~ ~ ~ ~ --,. - -- -----p ------,pI l~ 1_= IT. L I~ L L~ L 1-= J - ._-~ T~ --1 \. Notary Public My Commission Expires: "'';;~tt;I,,, SH -~ ,'-~O:&~''''l:~~ MON D.J N :'~ MY COMMISSIO 580597 ;,~;~ ..... 1/ EXPIRES: Decem r 2 2000 ." OF ,,0,,_ B.......~ Th ' ........., un""" ru Nolllry Public Underwriters ~ }XJSCA WIL I /By and throu L......// COMPANY 5 ~ ~K~5; &~~ itle) STATE OF ;;b~ COUNTY OF i /?orotlsL The j9regoing ~tru~~ was acknowledged. 1998, by-.JameS . /l<:e5, who is as identification, e this h t day of Uc.emix/, lly know to me or who has produced o did take an oath. "'''~'!;'''' lucy M. Bethea B:~f."~:~':f~~ MY COMMISSION # CC599i34 EXPIRES 0: ~,j!I .:~~ February 9, 2001 -;'-0;i~..~~,<,~i BONGED THRU TROY FAIN iNS ,INC. ~',.,qf'lf;,'" 20 rr \\J~ ~~~ e(i~' ilia " . - ,. w .. ~ - .,. -~ ~ . - - ---I . L" l . . ----- - -"-l. . ----- . or." -~ - c: C 1'- F~;;: c p p-.z/,;:r- (Title) STATE oFr;or/d~ COUNTY OF (){~ re me this 2 ~ day of 'bite mk:- know to me or who has produced e an oath. STATE OF fl'Jflv COUNTY OF //5~O/Ok!/( ore me thisJ-I day of &ce/?Jb/" , - rsonally know to me or who has produced nd who did take an oath. The foregoing ins 1998, by~ume-.S "\'I~ll~'t,, o~:~"".lc'r~_< Lucy M. Bethea ~:(i >~ MY COMMISSION # CCS991 -:';':';.~J!~-;:-:?::: February 9. ;"{.9f:;~~"'" SONDED THRU TR 21 ~ erJJ5' BRICKLE YER, SMOK9-~& BOLVES, P.A. By and through U;{:~ , (Title) !)/. d v /;lor b,OUI- The~~Oing ~ was acknowledged before me this Ai- day of :l>cellJ/:;e/. 1998, by /.<t / }tJ. . '/77 VI/' who is personally know to me or who has produced as idL .' did take an oath. ~ M. Sethea ~~/~5qS ~~i-, f:XiJIRES '.:..;X\ ' RM~CE, INC. YER, individually STATEOF~/;;U COUNTY OF II //h,WdArJ The J9re~oing ip.s~UJ;nent was acknowledg 1998, by &/# 'YJ -.S/idfmV~/ , who . as lcientificatio e me this js-tday of lkce.p;p./ , nally know to me or who has produced who did take an oath. = ;.ti ';U~M':!~:~~.:~~;v~, ;~;~::.2=,.! i>;;J\P,ES :t.r,~-U~j!:i ,;'j, 'LV::! =,) ~.l 22 fjr /;7. ~'~ /J C' C" <.!::: (. j .-7 fI .- STATEOF~~' COUNTY OF ~. The foregoing instrument was acknowledged before me thi~ day of-l)c) ( ..zr}\.1-:=Q/~ 1998, b~CL~ ~\~itP~~1 , w.ho is personal~y know to me or who has produced ~~tl:: Klo\6-:).le>() J') .-::) ~J--J<o- 'C'..J as Identification, and who dId take an oath. NBACHER, individually The foregoing instrument was acknowledg 1998 by ~l"" ,'H ;i~-n' '''''';'~(' who' , "" -'-"/1' :}~ )'-...-iJ, 1, '-J......-k'.../'}.'--~~ j,;~-'.) "i f})~~f. ) I""CO,. :)\"-,('\.J':;~;l-?j.lk..aS identificatio _. D ST ATE OF ~;>LU..-f.)0 COUNTY OF 01\ 0 v[;p :--- ~. J " - j u , . . . " T1 - . Ti "1:'1 -..~ e me this:-~-day of u:?C.c ';':~~.J.<f; '; , nally know to me oryho has ...Qroduced who did take an oath. ---- -------- =- .. ~ ill - ~.. ,r......, C.2G: ~ d .---f.) . Notary Pub ic My Commission Expires: - - rr ~ A .,.... ca -- 23 Of <" -~ \. \~$e)IL" · ~ ,05 = 5 ~ - - - 1 STATE OF0-L~r'_.\CXC~ _ COUNTY OF (1.)\0~C..R Q~ ('--"-- The foregoing instrument was acknowledged before me this ~day of D.Q C(f0~1 1998, by\9v0':1U\. k.lu.,.pp:J":~Jl.~~O<Jy~ho is personal~y know to me or ~has pro~uc~~L .. K:>t--4 ~ \. 0 IC~_ ,:::\ (C \, - S:> - as IdentIficatIOn, and who dId take an oath. ,?J.i..f- u'-D . . The foregoing instrument was acknowledg 1998, by Ci'LLLJ:..v-- Cz:::/ D.:.. (-, who' as identificatio f~~~"""''''-""'."'=~_. CARLA D R -~=-~ i,,!;;;.,.N.'.o,tary Public, S Aorida Ii. ...V I My Comm. explr 06, 1999' V . NJ. CC 8 , ". !3ond:y,! rhru {Dffi "' Scrf>i ij 1-(fJOOOI1\ ." <, ff . _R~~~~ t ' ~:an~,... ~ OSH, COLBERT, NS, P.A. r- STATE OF l-- ((;V!C~CL COUNTY OF C '-^ ,,,-~_~. F)L,_ . ", In:i ,>. . e me thIS :~ - day of Lt,( : . ~-~~h'-- , n<illy_~2 me or who has produced who did take an oath. C'~ \ -- L.,. .."V\ l N~t~ry Public My..tommission Expires: /1- CL ...~-:;';:'rt;~,. JULIET "'3-:&' .,.,0" f-': ';: ':;~ MY C ~.. , :Q~~ ....:,:tR::I~~~~~ Bonded 24 ~ ~/:~ et~ STATE OF '1---&Yudo..- COUNTY OF dltM7'- The fOJtjgoing ~nstpynent was acknowledged before me this IdY day of ~ f!J. , 1998, by Lt1.v.l. r ~0A.4 Lti ,who is personally know to me or who has produced ;1Ja . '/. ('..~ l . as identification, and who did take an oath. CITY OF WINTER SP By and through f7. D <<- o (Title) (.<}Vl.oo P.f4tG~/<t-r Notary Public My Commission Expires: ~.$.\':A~:r~?:, :'."A"'O~ MY h:. J:i COMMI I CC 580597 ..,., 7...::;,- "'~"'''oq,~.-- EXPIRES: bar 2 """^ "Nf..~~," BOI1d6d Thru HofaIy PubHo . <.WlJ lIncltr.wftu" 25 r I }p " f ~, ~....."; ~ f" ~ ~.. A -n ., INSERT ASSIGNMENT FROM CITY OF WINTER SPRINGS TO MIKES REGARDING CARLTON FIELDS DISPUTE T'" ~ ,...., I"""' I' f.1' 1" I" I · I~ -I :-0 1 · 1. ,. Exhibit A \~ 26 ., \- j~ 1<- \fur . 1~ Jtf!'1t ~<'J~ ? ~ 1~5 I I I ASSIGNMENT Of RIGHTS i This Assignment of Rights (the "Assignment") is made by the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), for the benefit of, to and in favor of FLORIDA COUNTRY CLUBS, INC., a Florida corporation ("FCC"). The City hereby assigns, conveys, transfers and quit-claims to FCC, any and all right, title and interest which the City may have, if any, with respect to the Refund Rights, hereafter defined. The City represents and warrants that they have not previously assigned any of the Refund Rights, and that all necessary and proper actions have been taken on the part of the City to authorize this Assignment. ii i r- .,.. On April 24, 1997, at a special session of the City Commission, the City retained the law firm of CARLTON, FIELDS, WARD, EMMANUEl, SMITH & CUTLER, P.A. ("Carlton Fields") in connection with: (1) a then pending action in the Circuit Court for Hillsborough County, Florida styled GA TX Golf Capital v. James R. Mikes, et aI., Case No. 96-02944 (the "Hillsborough Litigation"); and (2) a previously closed action in the Circuit Court for Seminole County, Florida styled Florida Country Clubs, Inc. v. City of Winter Springs, Case No. 91-2244 (the "Seminole Litigation"). For purposes of this Assignment, the term "Carlton Fields" shall include any and all of its shareholders, partners and attorneys. ~ ~ '.- On May 1, 1997 (the "Notice Date"), FCC provided notice to Carlton Fields (the "Notice") that FCC considered the Carlton Fields representation of the City in the two matters adverse to FCC was a conflict of interest pursuant to applicable rules regulating the conduct of lawyers. FCC requested that Carlton Fields cease its representation of the City adverse to FCC. Notwithstanding the Notice, Carlton Fields thereafter continued to provide legal services to the City adverse to the interests of FCC in both the Hillsborough and Seminole Actions. -..,.. ~ - ;<" FCC filed a motion in the HiIlsborough Action to disqualify Carlton Fields which was granted and Carlton Fields was ordered to cease representation of the City adverse to FCC. Substitute counsel was retained by the City for both the Hillsborough and Seminole Actions. .. Notwithstanding the Notice, Carlton Fields thereafter billed the City for the services and costs of Carlton Fields (in the total amount of $106,541.01) in connection with the Hillsborough and Seminole Actions. pursuant to four (4) invoices [dated May 13, 1997 (in the amount of $7,996.70), June 13,1997 (in the amount of $38,936.19), July 21,1997 (in the amount of $42,345.37), and September 19, 1997 (in the amount of $17,262.75)], the original copies of which Invoices are attached hereto as Exhibit" A" (the "Invoices"). The City paid the Invoices (the "City's Payments") with its checks dated May 28, 1997 (#23349 in the sum of $7,996.70), dated August 20,1998 (#23587 in the sum of $81,281.56), and dated December 17, 1997 (#25540 in the sum of $17,262.75), the original checks are attached hereto as Exhibit "8" (the "City's Checks"). \'" l-. ~.. ..' Carlton Fields endorsed and cashed the City's Checks. Carlton Fields has not refunded or returned any portion of the City's Payments, nor has Carlton Fields offered to ,J t ,9,c "1 eRe et95 -I ,- I ..,.. . I!!!! ~ refund or return any portfon of the City's Payments, nor has any demand been made for such reimbursement. - . II -- The City and fCC (along with other parties) have on December _, 1998, entered into a certain Confidential Settlement Agreement ("Settlement"), settling all claims between the City and FCC (including but not limited to the claims in the Hillsborough and Seminole Actions). As an integral part of the consideration paid or transferred to FCC, the City agreed to assign to FCC all right, title and interest, if any, of the City to a refund or return of the City Payments made to Carlton Fields (the "Refund Rights"). FCC represented it would not have entered into the Settlement without the Assignment of the Refund Rights with respect to the City's Payments. FCC is authorized and empowered by this Assignment to seek the refund or return of the City Payments from Carlton Fields for the sole and exclusive benefit of FCC to the extent authorized by law. FCC and Mikes shall be authorized by this Assignment to take any and all actions against Carlton fields as they may deem appropriate to collect the City Payments, including but not limited to filing appropriate action in such court and in such venue as may be appropriate. ~ 'lI"" The City agrees to cooperate with fCC (provided that FCC pays all costs and expenses in connection with such assistance) in pursuing the compliance by Carlton Fields with the terms of this Assignment. The City hereby directs any and all other legal counsel or other persons acting on behalf of the City in connection with the Carlton Fields representation of the City concerning FCC to cooperate with FCC (provided that FCC pays all costs and expenses in .connection with such assistance) to cause Carlton Fields to comply with the terms of this Assignment. -.rr lllr - - ..,. ~ It is specifically understood that this Assignment is not to be deemed an assignment of any malpractice claim of the City against Carlton Fields with respect to its legal services rendered. It is however an assignment of the City's entire right, entitlement and privilege to the Refund Rights, if any, to have the City Payments returned or refunded by Carlton Fields for all amounts billed for services rendered or expenses incurred from the Notice Date. . ~ This Assignment is executed, sealed, delivered and made effective as of December _, 1998, on behalf of the City by its duly authorized undersigned City Manager and attested by its undersigned Clerk. - iiiiiiiii -\.." ~l. CITY Of WINTER SPRINGS, a Florida municipal cor~ By: f ~tJ L- f. f PtQ-('i kf)_ '\Jt. Ronald MLLemore, Cit~ i\~anQgOf= . ~AJ~1~ G..f ,yprYt<A Atte~~~~-:--f/LP;~L/ Margo ierce, City Clerk II ~" - - ..... (Seal) ~-I , ~c94 ~ ~ I~ ~I ~ CARLTON FIELDS (i-- () ;; I q / t ATTORNEYS AT LAW ONE HARBOUR PLACE 777 S. HARBOUR ISLAND BOULEVARD TAMPA. FLORIDA 33602-5799 MAILING ADDRESS' PO BOX 3239. TAMP^- fL 33601-3239 TEL (8\3) 223-7000 fAX (813) 229-4133 "---.._----~-- _I I May 14,1997 I J City of Winter Springs c/o Harry Martin, Finance Director 1126 East State Road 434 Winter Springs, Florida 32708 J Re: Land Use/Zoning Litigation 39908-86591 . . ~ Dear Mr. Martin: I l1"" Enclosed please find our firm's statement for legal services rendered in connection with the above-referenced matter. We trust you will find it in order, approve it, and place it in line for payment. , Should you have any questions, please do not hesitate to call. Sincerely yours, , GJM:pmk Enclosure #ver /\ , , . ~ iiii -~( ! 2-/ 0 --:;3 1(1 J .,." - 1/ J 9P~. /'0 I . 't f- "'='"!NfE-RED r'LW 2 3 1997 I ~ ~ - - ~~ , I \11:1 \' i" I 1'1:--:," ," \11 \',,11 \\1 \11',\1,', 1.\\ II [?~-- . _d' ~ l" "::-~,.;;::: ~ t~~t97 . II I- e x h I b:r A 0 fA- c~ .\ It I Ie) N I I I I I)" W 1\ I ( I ) I ,'., ,'. \ ,\ N I J I I .-.; M I 1'1 I & C I J I I ---- ~ -- CARLTON FIELDS ATTORNEYS AT LAW , CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 107021 I r-EO 10 59-1233896 MAY 13, 1997 REF. NO. 39908-86591 PAGE 1 PROFESSIONAL SERVICES AS POSTED THROUGH APRIL 30, 1997 4/22/97 pJW ~ 4/23/97 pJW ; ... 4/24/97 pJW ..-- 4/24/97 KEG 4/25/97 PJW 4/25/97 KEG t. I' -'=/27/97 PJW ,~ ~/28/97 PJW L' -'=/28/97 CJC ,-' ~/29/97 PJW ~. ....; -: .;;;;;;;;; CONFERENCE WITH G. MEYER, F. KRUPPENBACHER, REVIEW FILE AT COURTHOUSE TRAVEL TO/FROM ORLANDO; MEET WITH F. KRUPPENBACHER, D. MCINTOSH, R. MCLEMORE RE REPRESENTATION; RESEARCH AND DRAFT VENUE MOTION, ETC. REVISIONS TO MOTION TO DISMISS; RESEARCH; ADDITIONAL RESEARCH ASSIGNMENTS TO S. YOUNG. DRAFT REQUEST FOR INSTRUCTIONS, INTERPRETATION FOR SEMINOLE COUNTY COURT, CONFERENCE WITH KRUPPENBACHER SHORT CONF WITH PETE WINDERS ON STATUS OF MATTER; MONDAY NIGHT HEARING. CONFERENCE WITH SOLOMON; REVISE, SEND MOTION FOR INSTRUCTION; CONFERENCE WITH GRAVES AND CACCIABEVE CONF WITH PETE WINDERS AND CONF CALL WITH PETE AND CHARLIE CACCIABEVE ON MONDAY'S MEETING AT CITY COUNCIL; DISCUSS EFFORTS TO PREVENT DEPOSITIONS OF CITY COUNCIL MEMBERS ON THEIR "INTENT" IN TAKING ACTION; PRELIMINARY REVIEW OF PLEADINGS FILE. CONFERENCE WITH S. YOUNG RE RESEARCH, ETC. REVIEW ADDITIONAL RESEARCH FROM S. YOUNG; DISCUSSION OF SAME; THOUGHTS RE DRAFT BUDGET; TRAVEL TO/FROM WINTER SPRINGS FOR MEETING, CONFERENCE WITH C. CACCIABEVE RE STRATEGY, ETC. REVIEW DOCUMENTS; CONFERENCE WITH PETE WINDERS; PREPARE FOR AND ATTEND COUNCIL MEETING CONFERENCE WITH KRUPPENBACHER; REVIEW ADDITIONAL RESEARCH; FINALIZE MOTION TO DISMISS IN TAMPA ACTION; FINALIZE MOTION FOR INSTRUCTIONS IN SEMINOLE ACTION C 1\ It! ll) N I II I I)" W 1\ It!) S t\ \I I I I ,,,",- C - t I I I It I' Iv\ M ,\ " I ; I I "1'.1 \:'.I}(l 1,1 I 1'1 ~"\, (11,\ 1\11-,'1' 3.00 10.50 5.70 .20 2.50 1. 20 1. 00 8.50 3.30 3.50 I' -\ y ?II<:} 1@_~9 I II II CARLTON FIELDS ATTORNEYS AT LAW "-(O,ID 59.1233896 . CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 107021 MAY 13, 1997 REF. NO. 39908-86591 PAGE 2 - .,... ~'4/29/97 SL* RESEARCHING FLORIDA SECRETARY OF STATE RECORDS: FLORIDA COUNTRY CLUBS, INC. .20 TOTAL FEES FOR PROFESSIONAL SERVICES $ 7,892.00 - -- . :;'TTORNEY FEE SUMMARY PJW P. J. WINDERS 34.70 hours at $ 200.00 6940.00 KEG K. E. GRAVES 1. 40 hours at $ 200.00 280.00 CJC C. J. CACCIABEVE 3.30 hours at $ 200.00 660.00 SL* S. LENTZ* 0.20 hours at $ 60.00 12.00 TOTALS 39.60 7,892.00 -----.- ----.- COSTS INCURRED ON YOUR BEHALF AS POSTED APRIL 30, 1997 COPYING COST 104.70 -.- TOTAL COSTS AS POSTED THROUGH APRIL 30, 1997 104.70 INVOICE 107021 TOTAL $ 7,996.70 Ir- BALANCE DUE FROM PREVIOUS STATEMENT LESS: PAYMENTS .00 .00 t~ TOTAL AMOUNT DUE $ 7,996.70 ------------ ------------ \~ t - L' C ^ I, I It) N F III I) \. W ^ IZ I) I'IvIM/\NI111 SM"" & C",,,,, I'A. ~ 'Ii L' 1.'.....'1." ( Iltll\NtHl l'IN,,\t 111,\ 1\11\11-'''''11 t..- ,,~ , 1 _.f . I -t"D~I.11 CARLTON FIELDS f' ! ~ PlLASC M~IT TO: P.O, BOX 3239 TAMPA. FL 33601-3239 lBI)' 22J.7c:l>o ~A)( 48131229.413.) ATTORNEYS AT LAW p(Cm'll\~I.1 (~JlJ) F"EO.IO 59-1233896 NOV I 0 1997; ! . P,0,80X 1171 POBOX 12426 P.O. QRAwt:R 190 P.O. BOX ISO CIT'~d.BOX ,;..61 \! T,':' R SP R-;"H~??S,g,O' ST. PETE:Rsat(5qt~J. ':{i~anager ....."'..11. F"L 33131 18131621-7000 130S1530-0050 JRLANOO. FL 32802 PENSACOLA. F'L 32582 TALLAHASSEE. f"L .32302 WEST PALM BE^CH. FL 33402 14071 84g.())OO 19041434..0142 19041224.1565 15611659.7070 ';-11.)(14071648-9099 FAX (9041434-5366 VAX 19041 22,z-0398 FAX (5611 659-7368 F"AX (8131 822-.3768 FAX 13051 530-0055 . . ~ - CITY OF WINTER SPRINGS, FLORIDA C/O RON MCLEMORE, CITY MANAGER 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 NOVEMBER 6, 1997 GEORGE J. MEYER REF. NO. 39908-86591 INVOICE NUMBER ****** -,- '0\~-50\' " , RE: LAND USE, ZONING LITIGATION *--------- REMINDER NOTICE OF OUTSTANDING INVOICES ---------* DATE INVOICE # BILLED PAID TOTAL 09/19/97 09/19/97 116452 118768 $13988.65 $3274.10 $.00 $.00 $13988.65 $3274.10 NET BALANCE DUE (.llt? $ 17,262.75 ------------ ------------ ~~ ~JIB l\ ~t(; \ 1 rol jJ). \f - ,9C;.s "/0 R~~~- 15 !NTERED DEe 1 1 1997 ~ -\- l. RECE\\fI.O Ote 1 1 \991 intpr sorings CiW o~ '-N ~ Oc?t. financ \- \ - :--- t . --- .,; ~ - ~r ..~ I>- ...""".....~..,,'..'~. < .....~.."","";".-.y._...,."...,:.-''''"'''~'..,."~..',..,,...''''_;'.''''-'"'1'''''.'..~-'-~'._._.-.~.,-, .'-""-~ P\..CA'~ OCMIT TO: CARLTON FIELDS P.O. BO~ 3239 TAMPA. FL 33601-3239 ATTORNEYS AT LAW t81)122).1ooo ~"I{ (81)1 2.4.41)) PO BOI<. II 71 PO, eOl( 12426 P O. OA"WER 190 pO. eOI{ 150 PODOl{ 2aGI WEST P....LM BEACH. FL ))4Q2 Sf. PCfERSBuAG. r:L ))7)1 T....LLAHASSEE. f"L )2302 QALANOO. r:L 32802 PENSACOLA. F'"L 32582 156L16S9-7070 'BI)1821.7000 (9041224.1565 t4071849.0)00 (9041434-0142 FAX (5611659.7368 FAX (8 1)1 az 2.3 768 F"X 14071 648.9099 FAX 19041434-5366 ~"X (9041222-0398 I . . CITY OF WINTER SPRINGS, FLORIDA C/O RON MCLEMORE, CITY MANAGER 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 SEPTEMBER 19, 1997 GEORGE J. MEYER REF. NO. 39908-86591 INVOICE NUMBER 118768 I ijii RE: LAND USE, ZONING LITIGATION - BALANCE DUE FROM PREVIOUS STATEMENT LESS: PAYMENTS $ 13,988.65 .00 ------------ BALANCE FORWARD $ 13,988.65 -,- LEGAL SERVICES COSTS ADVANCED 'Rt:Ct.,~f.t1 DtC "\"\ \<3<31 ~ . SQ{\ng,s \N\0~e\ C\t'J c~ De?\.. f\nance POSTED THROUGH 08/31/97 POSTED THROUGH 08/31/97 $ 540.50 2,733.60 CURRENT INVOICE TOTAL $ 3,274.10 ------------ TOTAL AMOUNT DUE $ 17,262.75 ------------ ------------ AGED ACCOUNTS RECEIVABLE BALANCE OUTSTANDING CURRENT 17262.75 OVER 30 .00 OVER 60 .00 OVER 90 .00 TOTAL 17262.75 *** REMITTANCE COpy *** ls- ,~- FED. 10 S9 -4 Z 33896 . - PO, BOil: 019101 M'^MI. FL 33131 130S1530-oo50 FAX 13051530.0055 e 195> .... . ~tLA~C .<<:'\.UT TO: CARLTON FIELDS FED. 10 59-12.3.3696 P.O. BOX 3239 TAMPA. FL 33601-3239 ATTORNEYS AT LAW !! '81.3' 223.7000 .....1( 181.3' Z<it-4IJ.3 . p 0 80)( I I 7 I PO. BOX 12428 p 0 DRAWER 190 p 0 80X 150 PO OOK 2661 PO 80x 01910' i "l'" ORLANDO. F"l JZBOZ PENSACOLA, FL 3Z582 TALLAHASSEE. Fl .32.302 wEST PALM BEACH. F'"L )3402 Sf PC T(RSeURG. F"L 337 JI ""'IAMI, FL 3.31.3: /4071649.0.300 (90414]4-0142 <9041224-(585 15611659.7010 (81,)' 821.7000 '3051530-0050 FAX l40]l 648.9099 FAX 190414]4-5366 PAl( 19041 Z2Z-0J9B I'",4,XI5611659-7]68 rAl(fBI]18ZZ .3768 FAX '3051530-02'3'5 . ~ . ~ CITY OF WINTER SPRINGS, FLORIDA C/O RON MCLEMORE, CITY MANAGER 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 SEPTEMBER 19, 1997 GEORGE J. MEYER REF. NO. 39908-86591 INVOICE NUMBER 116452 , RE: LAND USE, ZONING LITIGATION I , BALANCE DUE FROM PREVIOUS STATEMENT LESS: PAYMENTS $ 81,281.56 81,281.56 . BALANCE FORWARD $ .00 ---,- - ~ LEGAL SERVICES POSTED THROUGH 07/31/97 COSTS ADVANCED POSTED THROUGH 07/31/97 $ 10,121.50 3,867.15 - ,. CURRENT INVOICE TOTAL $ 13,988.65 TOTAL AMOUNT DUE $ 13,988.65 - T"'" ------------ ------------ I . AGED ACCOUNTS RECEIVABLE BALANCE OUTSTANDING L' CURRENT 13988.65 OVER 30 .00 OVER 60 .00 OVER 90 .00 TOTAL 13988.65 ~ *** REMITTANCE COPY *** ~tC~O Gte '\ "\ \991 sari l1'?,S & 'Ninter r\t'l 0\ e Dept. ,~ f\n3(\C ~.' 'P II I! ... ~r-~ t~~ ~~ :.i- II ~ ;~~~ ~~t:-\ ,. ~ '\ . \o<jl DlC \ \ J C;Of\(\l?,S PROFESSIONAL SERVICES AS POSTED THROUGH AUGUST 31, 19C~\?-' o~ \I'!\(\teb;\lt. J r\(\3(\C'~ i :-0 CARLTON FIELDS - . ,.. ATTORNEYS AT LAW . SEPTEMBER REF. NO.' PAGE 1 CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 118768 . ,. I -.- CERT PETITION - FINALIZE; REVIEW APPENDIX, ETC. REVIEW FINAL DRAFT OF BRIEF REPLY TO SOLOMON SANCTIONS LETTER DRAFT RESPONSE TO SOLOMON LETTER REVIEW/ANALYZE LETTER FROM SANDY SOLOMON RE DISQUALIFICATION ISSUES, SANCTIONS AGAINST CF, ETC.; CONFERENCE WITH PETE WINDERS RE SAME. MOTION FOR PROTECTIVE ORDER; DRAFT LETTER TO SOLOMON; RESEARCH; CONFERENCE WITH TOM SNOW RESEARCH ISSUE RE ABUSE OF PROCESS/USE OF DISCOVERY MECHANISM IN ONE CASE TO OBTAIN INFORMATION FOR A SEPARATE SUIT CONFERENCE WITH ATTY WINDERS RE STATUS OF GATX SUIT AND ADDITIONAL DAMAGES CLAIMS BY MIKES; BAR INQUIRY. CONFERENCE WITH G. YOUNG RE DEPOSITION REQUESTS; PROTECTIVE ORDER, ETC.; LETTER TO BLACKWELL, LENGUAER - ~ lB/07/97 GAY REVIEW LETTER FROM MIKES; DISCUSS SAME WITH WINDERS; REVIEW DRAFT RESPONSE AND MOTION FOR PROTECTIVE ORDER - IB/OB/97 PJW REVISE MOTION FOR PROTECTIVE ORDER; LETTER TO REPLY TO SANCTIONS LETTER, CONFERENCE WITH G. YOUNG RE SAME -- 'B/OB/97 GAY DISCUSS REVISIONS TO MOTION FOR PROTECTIVE ORDER WITH WINDERS --- CONFERENCE WITH STEVE LENGAUER RE MOTION FOR PROTECTIVE ORDER; FINISH MOTION, ETC. B/11/97 PJW c ........ - C' \ I ~ I I ( I N I I I I I)" VV.\ I ~ I I \. I, \ M 1\ 0. 1 I I \ 1\,\ I : I I ,'" ~. I : I I I I ~ L:.. -,' ;,' "wi'~'''''."''''' _ ~,,~~~~;lI,.:'_"Wl&I~~;!t,::t. \>;:\J"j:~;,':;:1{:~ '.:'';::'~,!,i'>: ~/~<~~-, C:',>: ~, . '~,f'.;r'1':""" Fl::O 10 59.12.3)a96 3.00 NO CHARGE .50 NO CHARGE .50 NO CHARGE .50 NO CHARGE .40 NO CHARGE 3.50 NO CHARGE 3.BO NO CHARGE .30 1.00 .50 NO CHARGE 1. 00 NO CHARGE .20 .BO NO CHARGE \' 1\ ~t ~11 'e J:~5 ..., ,. _...._~ I . ..". CARLTON FIELDS ATTORNEYS AT LAW .-ED '0 59-123.3a90o , CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 118768 SEPTEMBER 19, 1997 REF. NO. 39908-86591 PAGE 2 _ J8/11/97 PJW - ~ J8/11/97 GAY .,.. - J8/13/97 pJW - - ...,.,. )8/22/97 PJW , )8/22/97 GAY - - ----p" )8/28/97 PJW - .,. TELEPHONE CONFERENCE WITH L DUNLAP ABOUT DEPOSITIONS SCHEDULED AUG 22, MOTION FOR PROTECTIVE ORDER, ETC. REVIEW AND SIGN MOTION FOR PROTECTIVE ORDER RE SCHEDULING, ETC. CONFERENCE WITH G. YOUNG RE SCHEDULING CONFERENCE PARTICIPATE IN CONFERENCE CALL REGARDING SCHEDULING HEARINGS INTERNAL COMMUNICATION RE NEW JUDGE TOTAL FEES FOR PROFESSIONAL SERVICES . ~TTORNEY FEE SUMMARY .50 NO CHARGE .10 NO CHARGE .20 NO CHARGE .30 .70 .30 $ 540.50 PJW P. J. WINDERS 10.00 hours at $ 0.00 .00 PJW P. J. WINDERS 1. 60 hours at $ 200.00 320.00 GAY G. A. YOUNG 1.10 hours at $ 0.00 .00 GAY G. A. YOUNG 0.90 hours at $ 200.00 180.00 SJY S. J. YOUNG 4.20 hours at $ 0.00 .00 SJY S. J. YOUNG 0.30 hours at $ 135.00 40.50 TOTALS 2.80 540.50 .~ - - ---r" . III 1997B.t.Ct.\~\j \)tC '\ '\ \~\jl c: -.-\ \\g,s 0' ';1'."\ , Ot9t. n\\a0CC COSTS INCURRED ON YOUR BEHALF AS POSTED AUGUST 31, COPYING COST FAX POSTAGE TELEPHONE MESSENGER CHARGES FILING/RECORDING FEE - VENDOR: CLERK OF COURT COPYING COST OF PLEADINGS FOR NEW ATTORNEYS - VENDOR: FLORIDA LEGAL COPIES, INC. SECRETARIAL OVERTIME SECRETARIAL OVERTIME SECRETARIAL OVERTIME SECRETARIAL OVERTIME EXPRESS MAIL EXPRESS MAIL L' L 8/01/97 8/01/97 8/15/97 8/25/97 8/25/97 8/25/97 8/25/97 3/01/97 3/13/97 f \ I . '----- - -~ L.' - - .f' 902.85 49.50 129.25 9 2 . 1 CJ..: t" 25.00"'\J 250.00 826.00 9.00 54.00 54.00 27.00 37.25 32.75 ~tq , vq e-~~5 ~_- \I~I [lll'J II[ I [)~ \1V,\[", I \\!\\.\:'-.II[ [ \.'.\1111 c"-: C:\IIII" I'.^. l I po CARLTON FlELDS I t ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 118768 n::O_IO 59.12.3.3696 SEPTEMBER 19, 1997 REF. NO. 39908-86591 PAGE 3 I 08/06/97 WESTLAW RESEARCH 244.90 TOTAL COSTS AS POSTED THROUGH AUGUST 31, 1997 2,733.60 - - -r' INVOICE 118768 TOTAL $ 3,274.10 . ,. BALANCE DUE FROM PREVIOUS STATEMENT LESS: PAYMENTS 13,988.65 .00 . .,. TOTAL AMOUNT DUE $ 17,262.75 ------------ ------------ 11IIII - --r- - .. ..... -..... ,- ~'E.\\Jt.U c '\ '\ \~~1 \)t! . S9(\(\~S ,~I.(\\e{ O~ ...... \ 0 n.e\>\' ~\\'~ r\t'a.(\c.~ v . .-pi ----r ,-".,.~ - , - - - -' \ ..... ~ . - L C^IU I(\N 1.11: {)\. W^IU) I~MM^N\JII SMIIII & C:IIIIII~ I'.^. L-. :J ~ L ~2Y1r~~'f\..... - ~I~'~";';' .,"'.,; . . - ~~ ~_"'.""~'~"'~ yO" """'.,..,"""~,,"...c.;;!:'. ":t:~..".:.~.:.:7.."".Y':"^.~"7",.1,,,-,~+w.. ~ .., 1 ,.. , t CARLTON FI ELOS ATTORNEYS AT LAW FED 10 59.123.3896 I ~ CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 116452 SEPTEMBER 19, 1997 REF. NO. 39908-86591 PAGE 1 - . 'lII PROFESSIONAL SERVICES AS POSTED THROUGH JULY 31, 1997 , , 07/01/97 pJW )7/01/97 PJW - -poo )7/01/97 GAY )7/02/97 CJC -r" ;;: )7/02/97 LJV ~.~ - iiOiOiOi;; ~ ~ ~ .....' .-...- ..:J PREPARE FOR, ATTEND, ANALYZE DISQUALIFICATION ISSUES OTHER THAN CONFLICT ISSUES - ~~TTERS RELATING TO VALIDITY OF AGREEMENT PREPARATION FOR CONTINUATION OF HEARING ON MOTION TO DISQUALIFY, INCLUDING MEETINGS WITH WINDERS, GRAVES, KINSOLVING AND MCLEMORE; ATTEND HEARING; POST HEARING CONFERENCE WITH CLIENT CONF WITH GWYNNE YOUNG AND PETE WINDERS TO DISCUSS LAND USE AND COMPREHENSIVE PLAN ISSUES WHICH MAY COME UP TODAY; TRAVEL TO JUDGE PENDINO'S CHAMBERS; CALLED AS WITNESS; TRAVEL TO OFFICE. REVIEW DOCUMENTS; REVIEW DEPOSITIONS; LETTER TO COMMISSIONERS RE DEPOSITIONS AND READING CONFERENCE WITH C CACCIABEVE, MCLEMORE, RE SITUATION, RE SESSION WITH COMMISSION; CONFERENCE WITH RON MCLEMORE RE CLARIFICATION OF PROPOSAL; FAX TO SOLOMON RE SAME; CONFERENCE WITH G. YOUNG; CONFERENCE WITH REAL ESTATE, MORTGAGE DEPARTMENT RE FORECLOSURE OF ZONING AGREEMENTS CONFERENCE WITH VARIOUS INDIVIDUALS RE CONFLICT CONFERENCE WITH WINDERS REGARDING RECOMMENDATION TO CITY CONFERENCE WITH PETE WINDERS RE ANALYZE ISSUES; CONFERENCE WITH RON MCLAMORE 7.00 NO CHARGE 1. 50 9.00 NO CHARGE 4.60 NO CHARGE 1. 60 2.50 1. 50 NO CHARGE .20 NO CHARGE 1. 60 CONFERENCE WITH MR. GRAVES RE: FORECLOSURE~OF .40 ZONING AGREEMENTS AND FACTS OF CASE, DISCUSS ~R~~D- RESEARCH REQUIRED; SEND MEMO TO MR. QUINN ~E: ~EJ~r:IVC HIS EXPERIENCE WITH SAME SITUATION. : i DEe 1 1 1997 t. ~~Clty of Winter SPEr, c \1.11 11~ Fil'\ance Dept. r /L/11. ~.q~ ~. \1'.1 I\'N 11111)\ W/\I") 1""'I'vL\Nllll "MIIII & t CARLTON FI ELDS ATTORNEYS AT LAW f"ED 10 59-123..3696 CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 116452 SEPTEMBER 19, 1997 REF. NO. 39908-86591 PAGE 2 J7/03/97 pJW J7/03/97 CJC I )7/04/97 PJW )7/05/97 PJW I )7 /06/97 PJW ! :7/07/97 SHW II '7/07/97 PJW ~ - p - - . 7/07/97 ET* , 7/07/97 CJC , 7/07/97 MCM . . =II 7/07/97 LJV ~ . 7/07/97 LJV Ii ~ w & \lNn't ~)? I,~ drit1gS MEETING WITH S SOLOMON RE POSSIBLE PARTIAL RESOLUTION OF ISSUES. TELEPHONE CONFERENCE WITH R MCLEMORE CONFERENCE WITH PETE WINDERS RE MEETINGS WITH COMMISSIONERS MEMO RE OPTIONS REVISE CERT PETITION STATUS MEMORANDUM FOR BRIEFING CITY; COMMUNICATE WITH CACCIABEVE CALL FROM WINDERS RE APPEAL ISSUES. CONFERENCE WITH CACCIABEVE, CONFERENCE WITH MCLEMORE; REVISE PRESENTATION OUTLINE; REVIEW PLEADINGS; CONFERENCE WITH V VAUGHN, ERIC TASSONE REGARDING MEMO CONCERNING GATX CHANCES OF FORECLOSURE; TALK WITH ALAN BOBO RE POSITION ON CONSOLIDATION LEGAL RESEARCH REGARDING THE STATUS OF ZONING CHANGES FOLLOWING FORECLOSURE; CONFERENCE WITH LAVINIA VAUGHN REGARDING RESEARCH AND PREPARATION OF MEMO. REVIEW MEMO FROM WINDERS; CONFERENCE WITH WINDERS; CONFERENCE WITH RON MCLAMORE; REVIEW STIPULATION ON FORECLOSURE; REVIEW MOTION TO AMEND CONFERENCE WITH LAVINIA VAUGHN RE: WHETHER ZONING AGREEMENT OR ZONING PETITION MUST BE APPROVED BY MORTGAGEE TO BE PROCESSED UNDER FLORIDA LAW. BEGIN RESEARCH ON FORECLOSURE OF ZONING INSTRUMENTS; CONFERENCE WITH ERIC TASSONE RE: RESEARCH TO BE DONE, FACTUAL BACKGROUND AND LIKELY AVENUES OF ANALYSIS. CONFERENCE WITH MR. TASSONE RE: fORECLOSURE OF ZONING AGREEMENTS. RECETV!D <-:/\1" I UN I" II.! !) \" W ^,,!) I'M M ^ N III! ~ "~, ~'~JII ,~', ~ltY Dle 1 1 1997 3.00 .40 .90 3.00 NO CHARGE 2.50 .20 NO CHARGE 4.60 4.70 2.70 .30 .90 .30 ~~Vj w9 /f)5 ~ ~ CARLTON Fl ELOS ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 116452 I 07/07/97 LJV )7/07/97 LJV )7/08/97 PJW . II I )7 /08/97 ET* )7 /08/97 GAY I )7/08/97 CJC I )7/08/97 LJV po 17/08/97 LJV . i , 7/09/97 PJW . i . ., 7/10/97 PJW I . ~ 7/11/97 PJW .. 7/12/97 PJW ! =, 7/13/97 PJW 7/14/97 PJW .. ." . ~ L' I" ~EO 10 59-12:3389.5. SEPTEMBER 19, 1997 REF. NO. 39908-86591 PAGE 3 RESEARCH ZONING ISSUE IN FORECLOSURE ACTION; CONFERENCE WITH MR. WINDERS RE: ISSUES PRESENTED AND ITEMS FOR ADDITIONAL RESEARCH; RESEARCH ISSUES WITH MR. TASSONE. REVIEW CASES AND PREPARE MEMO FOR MR. WINDERS. TRAVEL TO/FROM WINTER SPRINGS FOR MEETING, CONSULT WITH CACCIABEVE, MCLEMORE, I~~IVIDUAL COMMISSIONERS, RE GATX CLAIM, RE CONFLICT, RE DAMAGES CLAIM, ETC. EDITED DOCUMENT PREPARED BY LAVINIA VAUGHN. REVIEW DRAFT OF PRESENTATION TO COMMISSIONERS; DISCUSS SAME WITH WINDERS PREPARE FOR, TRAVEL TO WINTER SPRINGS AND ATTEND MEETINGS CONFERENCE WITH MR. GRAVES, MR. TASSONE RE: RESEARCH ON ISSUE OF FORECLOSING ZONING, DISCUSS CASES FOUND AND VARIOUS DECISIONS. REVIEW TWO CASES CITED IN WINDERS MEMO AND ADD PAGE REFERENCES TO CITES IN MEMO. CONFERENCE WITH HOLLAND AND KNIGHT RE CONFLICT; LETTER TO S. SOLOMON RE DECISION DRAFT PETITION FOR WRIT OF CERTIORARI; REVIEW D~~FT ORDER OF DISQUALIFICATION: DRAFT PETITION FOR CERTIORARI; TELEPHONE CONFERENCE WITH R MCLEMORE RE HOLLAND & KNIGHT CONFLICT PETITION FOR CERTIORARI WORK ON PETITION FOR CERT . ~.". RECETVElJ REVISE CERT PETITION DEe 1 1 1991 :'City of \N:"ltr'.~ SoringS. .~ Fin;lf):;;'> uept -":' ( . \ i I \ 1 N I I I I I ) \ W 1\ I U) I' 1\1 ,\. \ !\ :'--J II I I \'1 I I I I 0x C: I I "" I'. i\ . 2.10 2.00 12.00 1. 00 .40 7.90 .40 .20 .50 NO CHARGE 2.50 NO CHARGE 2.00 NO CHARGE 2.50 NO CHARGE 2.00 NO CHARGE 5.00 NO CHARGE - ~ CARLTON FIELDS A TTORNEYS AT LAW . CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 116452 --- )7/14/97 SJY -- - )7/15/97 pJW - 17/15/97 SJY ~ ! . I 7/15/97 SJY . i___ __ 7/16/97 PJW I . !!::::::::: - - r- I . .7/16/97 SJY ~ .. i . 1- 7/17/97 PJW L - L L L L ,L 7/17/97 SJY 7/18/97 PJW 7/18/97 SJY 7/19/97 PJW 7/20/97 PJW 7/21/97 PJW 7/21/97 SJY J~ 'cl~ ll~ ~t::, : 59.1233896 SEPTEMBER 19, 1997 REF. NO. 39908-86591 PAGE 4 IDENTIFY AND REQUEST COPIES OF SOLOMON CITED CASES; LOCATE AND PRINT RELEVANT MEMOS FOR ATTY WINDERS, IDENTIFY AND REQUEST CASES CITED IN MEMO. REVISE CERT PETITION REVIEW SUPREME COu~T CASE TO IDENTIFY RELEVANT DISCUSSION OUT OF 100+ PAGE CASE RE RULES OF PROFESSIONAL RESPONSIBILITY. SCAN/REVIEW DISQUALIFICATION HEARING TRANSCRIPTS. CONFER WITH ATTY WINDERS RE FOCUS OF ARGUMENT, HENCE REVIEW. REVISE PETITION FOR CERT REVIEW/ANALYZE ATTY WINDERS' APPELLATE BRIEF OUTLINE; REVIEW AND ANALYZE HEARING TRANSCRIPT TO CORRESPOND WITH SAME. REVIEW/ANALYZE JUDICIAL DISQUALIFICATION RULES ANNOTATIONS TO IDENTIFY POTENTIALLY ANALOGOUS DECISIONS SUPPORTING APPELLATE ARGUMENT. WORK ON PETITION FOR CERT REVIEW HEARING TRANSCRIPTS/ANNOTATE BRIEF WITH RECORD REFERENCES (COMPLETE MIKES' TESTIMONY). WORK ON PETITION FOR CERT CONFERENCE WITH ATTY WINDERS RE APPELLATE STRATEGY WORK ON PETITION FOR CERT RECEJVEO WORK ON PETITION FOR CERT DtC I \ 1991 . 't of Winter springS PETITION FOR CERT _ REVISI~~,{\anCe oept. _-:r FINALIZE ANNOTATION OF PETITION/TRANSCRIPT REVIEW. C 1\ Itll () N I!! I I)' \V\ I~ I) l: 1\\1'" ^ N III ISM I I II & ell I 11 I( 1'.\ .40 NO CHARGE 3.00 NO CHARGE .20 NO CHARGE 2.10 NO CHARGE 2.00 NO CHARGE 2.80 NO CHARGE 1. 00 NO CHARGE 3.70 NO CHARGE 3.50 NO CHARGE 1. 90 NO CHARGE 1. 00 NO CHARGE 2.00 NO CHARGE 1. 00 NO CHARGE 5.10 NO CHARGE ~~ I I CARLTON FI ELDS ATTORNEYS AT LAW . .~ lJu'3G , CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 116452 SEPTEMBER 19, 1997 REF. NO. 39908-86591 PAGE 5 7/23/97 pJW APPENDIX, CERT PETITION '/23/97 SJY COMPLETE INSERTION OF RECORD REFERENCES INTO PETITION FOR CERT. '/24/97 SHW REVIEW AND REVISION OF DRAFT FOR PETITION OF CERTIFICATION. -/24/97 pJW ASSIST NEW COUNSEL UP TO DATE ON DAMAGES CLAIM -/24/97 pJW WORK ON CERT PETITION . T!II' - -/22/97 pJW !III 7/22/97 SJY ;;;;;;; - !lII 7/22/97 SJY - - - ~ 7/23/97 pJW iiiiiiii ~ - - ~ - - -----,.. ,... -,... -/24/97 SJY - - ~ -/24/97 SJY I I - - - =---- I""" ! I ;- -/25/97 SHW -/25/97 PJW -/25/97 pJW -/25/97 SJY /26/97 PJW ~ """ -- - r .- - ==~ ...- .- ""'-- ....- = ~ . r PREPARE CERT PETITION, APPENDIX, ETC. COMPLETE TRANSCRIPT REVIEW AND PETITION RECORD CITATIONS; COMPARE PLEADINGS REVIEW AND ANALYZE SETTLEMENT AGREEMENT FOR RECORD CITATIONS P~D STIPULATIONS CONFERENCE WITH CACCIABEVE RE INFORMATION FOR NEW LAWYERS; OTHER MATTERS; READ NEW COMPLAINT AT REQUEST OF KRUPPENBACHER ORGANIZE APPENDIX (PLEADINGS, ETC) AND IDENTIFY RECORD CITATIONS; ANNOTATE PETITION FOR CERT COMPPRE VERIFIED MOTION AND SET~LEMENT AGREEtvJENT RE STI PULATIONS . CALL MR. WINDERS REGARDING PETITION CERTIFICATION AND SUGGESTED REVISIONS OF SAME. REVIEW S. WALBOLT SUGGESTIONS; CONFERENCE WITH S. WALBOLT ABOUT SHORTENED VERSION OF PETITION CONFERENCE WITH STEVE SPARKMAN - ABOUT MATTERS OTHER THAN CERT PETITION ORGANIZE DRAFT PETITION/APPENDIX NUMBERING FOR FINALIZATION CERT PETITION, CONF~RE~~~f~E:~G RE SAME ~ ,I DEe 1 1 1997 2.00 NO CHARGE 3.30 NO CHARGE .30 NO CHARGE .50 NO CHARGE 1. 50 NO CHARGE 7.80 NO CHARGE .50 NO CHARGE 1. 60 NO CHARGE 1. 60 NO CHARGE 1. 80 NO CHARGE .50 NO CHl'.....~GE .20 NO CHARGE 1. 50 NO CHARGE .60 .40 NO CHARGE 1. 00 NO CHARGE ~\J~ \~~ ,~ to '- I I II N I II I I)', \ \1\ l~ I \ City' 'of, \lJ'inter -'Sorings"- l . 1 I I', I' /\ Fi'1.,n1n. nl:,r;t , , CARLTON FI E LOS A TTORNEYS AT LAW , ,~ j Je,o.o:. CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 116452 SEPTEMBER 19, 1997 REF. NO. 39908-86591 PAGE 6 . ~ , )7 /27 /97 PJW )7 /27 /97 SJY - -p" - - - ~ )7/28/97 pJW -- . -~ 17/28/97 SJY - - J1'" ~ -- 7/29/97 PJW 7/29/97 PJW ~ 7/29/97 SJY ~ \, CERT PETITION - REVISE AND SHORTEN REVIEW APPENDIX; PREPARE INDEX; COMPLETE COMPARISON OF ORIGINAL SETTLEMENT WITH MOTION TO DISQUALIFY RE STIPULATIONS; REVIEW CASE LAW RE RULES OF JUDICIAL ADMINISTRATION/RECUSAL AND CHAPTER 38. CERT PETITION; CONFERENCE WITH S. YOUNG RE HER INSERTIONS, RESEARCH, REWRITE COMPLETE ANNOTATION OF PETITION/APPENDIX REFERENCES/ DRAFT/REVISE/FINALIZE APPENDIX INDEX AND WORK WITH MS. STANTON TO FINALIZE APPENDIX FOR COPYING. COMPARE TRANSCRIPT CITATIONS FOR ACCURACY AND FINALIZE FOR COPYING. INSERT COMMENT IN PETITION RE CHAPTER 38 AND POLICY; PROPRIETY OF PETITION; CONFER WITH ATTORNEY WINDERS. CONTINUE WORK ON PETITION FOR WRIT OF CERTIORARI TELEPHONE CONFERENCE WITH BRUCE BLACKWELL, SOON TO BE IN CASE, LENGAUR COMPLETE ALL LOOSE ENDS RE PETITION FOR CERT.: COMPLETE RECORDS CITATIONS, PREPARE SCHEDULE (TIME LINE), SHEPARDIZE ALL CASES/EDIT TEXT; COMPARE TRANSCRIPT EXHIBITS WITH TEXT AND ENSURE PROPER LABEL AND ORDER. 1. 30 NO CHARGE 4.00 NO CHARGE 3.00 NO CHARGE 5.30 NO CHARGE 2.90 NO CHARGE 2.00 NO CHARGE 6.40 NO CHARGE 7/30/97 PJW FINALIZE CERT PETITION 1. 00 ~ I, NO CHARGE - 7/30/97 PJW CONFERENCE WITH CACCIABEVE RE - SUBSTITUTION IN 1. 00 - ~ SEMINOLE COUNTY CASE, OTHER MATTERS OF NO CHARGE ~ - tl TRANSITION ~. ' .. L- 7/30/97 l~"ECE,\rEO - SJY EDIT SCHEDULE TIME LINE . .10 L NO CHARGE 7/31/97 PJW RE CERT PETITION OEe \ \ \S~1 .50 NO CHARGE ~- - - C I ~\ TOTAL FEES FOR PROFESSIONAL . g'" , \.'-';'ltF'r spnrl a 'C.t\/ (Y .' ,. ' .j, I J 08'" \",' C" .~r- c). y'. SERVICES c ln~\' ....,c "$ 10,121.50 ~ g~,f)J (, . ,\ "I I \ >'" I;' I I ' , \'\1 \ \ \, \ i\ \ \, . I I! ',' \ I : ,:' I.. \ I I I: I' ,-\ , , , , CARLTON FIELDS ATTORNEYS AT LAW t CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 116452 SEPTEMBER 19, 1997 REF. NO. 39908-86591 PAGE 7 ,TTORNEY FEE SUMMARY SHW $. H. WALBOLT 0.90 hours at $ 0.00 .00 PJW P. J. WINDERS 60.90 hours at $ 0.00 .00 PJW P. J. WINDERS 27.60 hours at $ 200.00 5520.00 ET* E. TASSONE * 5.70 hours at $ 80.00 456.00 GAY G. A. YOUNG 9.20 hours at $ 0.00 .00 GAY G. A. YOUNG 0.40 hours at $ 200.00 80.00 KEG K. E. GRAVES 4.60 hours at $ 0.00 .00 CJC C. J. CACCIABEVE 14.20 hours at $ 200.00 2840.00 MCM M. C. MASSEY 0.30 hours at $ 200.00 60.00 SJY S. J. YOUNG 46.10 hours at $ 0.00 .00 LJV L. J. VAUGHN 6.30 hours at $ 185.00 1165.50 TOTALS 54.50 10,121.50 iiiii ~ , - - =;; iiiiiiii ---r ,-(.... I,; '_,,::+ 'cJ3896 COSTS INCURRED ON YOUR BEHALF AS POSTED JULY 31, 1997 iiiiiiiiiii - --,- COPYING COST FAX TELEPHONE 7/05/97 MESSENGER CHARGES WINDERS 7/10/97 COURT REPORTER CHG. 5/19 HEARING TRANSCRIPT - VENDOR: BERRYHILL & ASSOCIATES, INC. 7/23/97 COURT REPORTER CHG. - VENDOR: BERRYHILL & ASSOCIATES, INC. 7/24/97 EXPRESS MAIL 7/07/97 WESTLAW RESEARCH 7/08/97 WESTLAW RESEARCH 7/14/97 WESTLAW RESEARCH 7/16/97 WESTLAW RESEARCH 7/28/97 WESTLAW RESEARCH 7/29/97 WESTLAW RESEARCH --,- - r r - I TOTAL COSTS AS POSTED THROUGH JULY 31, 1997 r INVOICE 116452 TOTAL \' (- BALANCE DUE FROM PREVIOUS STATEMENT ,,-.LESS : PAYMENTS R~tFnfED TOTAL AMOUNT DUE c DE( I \997 c Cii ';'1 c;\lrires ',1 'D"/'\' )'1 I I l" \;\1 ^ 1\ I) I' \ " \ .\ ,'< I I I " ,,\ I I I I ~" <- 'II I I I 1\ c' , 2335.95 64.00 103.78 15.00 393.70 716.10 30.60 4.14 75.03 2.55 15.77 49.28 61.25 3,867.15 $ 13,988.65 81,281.56 81,281.56 $ 13,988.65 ------------ ------------ I'A ~~ ~ tj~ I LAW OFFICES FRANK KRUPPENBACHER A Professional Association ).'. ~_I~-UJJ NOV t. I 1997 I Frank Kruppenbacher' Robert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 CITY OF 'NINTER SP?-INGS 105 E. Robinso~~eM,~~it51 Orlando, Florida 32801-1622 Telephone (407) 246-0200 Facsimile (407) 426-7767 Facsimile (407) 426-7767 I · Also Admitted in Colorado J MEMO - - , FROM: . . TO: Robert Guthri DATE: November 20, 1997 RE: Carlton, Fields Bill- Land Use Litigation Items dated 8/29/97 and 9/23/97 . - r I spoke with Attorney George Meyer of Carlton, Fields in Tampa regarding the referenced bills, as you requested. I George Meyer confirmed that this firm was not charging the city attorneys fees for the appeal to the Second District Court of Appeals from the judges order in Hillsborough County regarding the firms status in the case. , You had inquired about the July bill attached to their letter to you dated August 28, 1997. That months bill has now been reduced $4,376.97. - - ... Mr. Meyer confirmed that the revised bill for July, 1997 and through August 28, 1997 attached to his letter to you dated September 23, 1997 accurately deletes any charges of attorneys fees for the referenced appeal. - I Therefore, Mr. Meyer requests that you pay the sums attached to the September 23, 1997 letter (which reflected the reduction of$4,376.97 for July, 1997) and disregard the bill attached to the August 29, 1997 letter. , Call if you have questions. RE.C~ DEe 1 1 1997 =-t City of Winter Springs Finance dept. ~~ e tGS) ~"""1f" ..r.....-.'V.,~"""''''''''',...'''~~ """'''''"''''''''''''''~''''''~''.,^'''''''''''1'''',,,,:,,,,,.,_..........~.....'''''''..,.,."'.,...~".'" _...._.~ ~.w." " -.' . ,r_' ." -'l"" ....,.~......, ....-.., ".-~. -." -,..,., c c r: ~ r: - L L L L L T!- ~- r ] r- . " TD!)1W/CJE1IWrrerQ)'" If'\ ~ ~ )/" SEP, 2 6 19971 CARLTON FIELDS , ATTORNEYS AT LAW ONE HARBOUR PlACE m S. HARBOUR ISlAND BOUUVARD TAMPA, FLORIDA 33602-S799 CITY Of Wll"ITER SPRINGS MAILING -W1?f-E~lIan..ger P.O, SOX 3239. TAMPA. FL 33601-3239 TEL (S\3) 223-7000 FAX (613l22~4\33 September 23, 1997 City of Winter Springs c/o Ron McLemore, City Manager 1126 East State Road 434 Winter Springs, Florida 32708 Re: Land Use/Zoning Litigation 39908-86591 Dear Mr. McLemore: Enclosed please find our firm's statement for legal services rendered during August in connection with the above-referenced matter. We trust you will find it in order, approve it, and place it in line for payment. Also enclosed please find a revised invoice for July's services. The original statement was revised to reflect various line entries being changed over to "No Charge", per directions from Pete Winders. The effect of these changes is that the July invoice is reduced by $4,376.97. Should you have any questions, please do not hesitate to call. Sincerely yours" /'/.~';;~- ~~,~ GJM:pmk Enclosure cc: Frank Kruppenbacher, Esq. C'. RECE'VEO Dt.C '\ '\ \991 T#530001.4 . ~ , ,.1' tcr spong City (If '1'1ln iL finance OeQ: C/\I11.TON. FIEl.DS. W^RD. EMM^NUEl. f^,,"-\ 1',\ 1'1 N\/\((ll:\ 1.,\1 1,\11:\ ......1 I (Ill! ^NIH 1 ! i PlLASE ~"'IT TO: P.O. BOX.3239 TAMPA. FL 33601-3239 CARLTON FIELDS /1/1/ ,torr f"EO.1Q 59.12:33e~ ~- ATTORNEYS AT LAW 1813122)-7000 . . f"AJ( ISDI 229.4133 P,O. BOX 1171 P,o. SOX 12426 PO. DRAwER 190 T.....LLAHASSE:E. f"L 32302 P.O. BOX ISO PO. 80X zaSI P.O. BOX 019101 WEST PALM BEACH. FL 33402 STPET(R5BURG.f"L 33731 MIAMI. f"L 33131 i ~ ORL^NOO. FL 32802 PENSACOLA. FL 3ZS8Z l4071 849-0300 (9041434-0.42 e9041224.1585 (5511659-7070 tBt3' 82'.7000 (3051 530-0050 FAX 13051 S3Q-()QSS f"AX t40JI 648-9099 ""''X (9041 434-5366 F^",( (9041222.0398 F....X (561) 659-7368 FAX 18131822-3768 .. I F ..,... CITY OF WINTER SPRINGS, FLORIDA C/O RON MCLEMORE, CITY MANAGER 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 JUNE 13, 1997 GEORGE J. MEYER REF. NO. 39908-86591 INVOICE NUMBER 109474 , RE: LAND USE, ZONING LITIGATION I -r- -, BALANCE DUE FROM PREVIOUS STATEMENT LESS: PAYMENTS $ 7,996.70 7,996.70 BALANCE FORWARD $ .00 ---.- -,.- LEGAL SERVICES POSTED THROUGH 05/31/97 COSTS ADVANCED POSTED THROUGH 05/31/97 $ 35,790.50 3,145.69 - ~ ~iJ':'Jt~ \ r \ \. ~ AUu L U I""' , ;) 5g7 CURRENT INVOICE TOTAL $ 38,936.19 - -- ------------ ------------ / ...}/ o TOTAL AMOUNT DUE ~3~--9-36~l9-~ v- ...i> ---:/; :,9 .. ~NT~RtO AUG 1 4 1997 AGED ACCOUNTS RECEIVABLE BALANCE OUTSTANDING - CURRENT 38936.19 OVER 30 .00 OVER 60 .00 OVER 90 .00 TOTAL 38936.19 --.. i' R"ECE\VED - *** REMITTANCE COpy *** AUG 1 3 -\9~i ~- l~ ~ . f ,,!j.,t.....r c:.0fing5 CIty 0 ,." - -- ..,t c\.,-,.,c,,:; 0:-'-,,- . U/ r I.L.' !~ /. i~ €!!Y' ..:.....!!!!! - :---l' , , .::.--- ~l.: -----yo CARLTON FI ELDS ATTORNEYS AT LAW :!:D 10 '39-12'33B96 1997 399;tCE\VfD f\.-UG "\ J \'.1':\1 CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 JUNE 13, REF. NO. PAGE 1 PROFESSIONAL SERVICES AS POSTED THROUGH MAY 31, 1997 )4/24/97 SJY )4/25/97 SJY )4/27/97 SJY I .. )4/28/97 SJY . . . I )4/29/97 SJY I . ~ )4/29/97 SJY I I )4/30/97 PJW I )4/30/97 SJY I )4/30/97 SJY ~ :5/01/97 PJW ~ - . i: . Y' CONFERENCE WITH ATTORNEY WINDERS CONCERNING HISTORY OF SEMINOLE COUNTY AND HILLSBOROUGH COUNTY SUITS; VENUE ISSUES CONFER WITH ATTORNEY WINDERS RE PROPRIETY OF TAKING DEPOSITION OF CITY COMMISSIONERS FOR ANY REASON BUT IN PARTICULAR ABOUT SETTLEMENT DISCUSSIONS; FOLLOW UP WITH RESEARCH RE SAME. RESEARCH RE DEPOSITION OF COMMISSIONERS, VALIDITY OF CROSS-CLAIM/SEPARATE LAWSUIT; VENUE CASES FURTHER RESEARCH RE DEPOSITION OF COMMISSIONERS, EXCLUSION OF SETTLEMENT DISCUSSIONS; PROPRIETY OF COUNTERCLAIM. CONFERENCE WITH ATTY WINDERS RE SAME. COMPLETE RESEARCH AND ANALYSIS OF WINTER SPRINGS ISSUES; EDIT/REVISE MEMORANDUM CONFER WITH ATTY WINDERS RE CROSS CLAIM ISSUES AND ADDITIONAL RESEARCH RE DEPOSITION OF COMMISSIONERS SHEPARDIZE ALL CASES CITED IN MEMO; SEARCH BROADER DATA BASE RE DEPOSITION OF LEGISLATOR/COMMISSIONER REVIEW ADDITIONAL RESEARCH ON DEPOSITIONS OF COMMISSIONERS, ETC.; ON CROSS CLAIM RULES CONFER WITH ATTORNEY MARTY CHUMBLER RE DEPO OF COMMISSIONER ISSUES. FOLLOW UP RESEARCH RE DEPOSITION OF COMMISSIONERS ISSUE; REVISE MEMORANDUM; CONFER WITH PETE WINDERS RE SAME. RESEARCH FEDERAL RULE 13 RE CROSSCLAIMS AND HOW ATTENUATED THEY MAY BE. CONSIDER ADDITIONAL RESEARCH FROM S YOUNG; RE SCOPE OF DISCOVERY, ETC. DISCUSSION RE ADDITIONAL GROUNDS FOR MOTION TO DISMISS ,:,\I~II()['..; 11111)" Wi\I'.I) I-Ml\\,\NIJII Slvlllll 0-:. l..~llllllt I'.^ ~ ~.'!'IfJI'fI]~'?'!!"'.!f,-~,~~><~"!",,~ .lr,.q'~'Jri"'fl';t".!f"'.;._, ,,}tn:;;rv:;::~~J;'lt~,'!'T', ~>-.,:,.,;~",>~.,,'_t" '. ~ C\t'l c:,nr\ngs t V'Jinter . . ("} 'i)(;ot. rl no nC'-; . .50 4.20 5.40 7.80 7.80 .90 1. 00 .10 3.60 2.00 ~~~ :ef1 I .~~ - ~'-".-................~"'''''''''''~'''-''''' -' ~ ".' "'---: ~ - I II ii . . Ii . CARLTON FlELDS ATTORNEYS AT LAW FED. 10 59-1233896 CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 JUNE 13, 1997 REF. NO. 39908-86591 PAGE 2 I )5/01/97 SJY REVIEW FEDERAL CASES RE "RELATEDNESS" OF 1. 60 CROSSCLAIMS TO MAIN ACTION - )5/02/9'7 WFM TELEPHONE CONFERENCE WITH PETE WINDERS ABOUT .20 CLAIM OF CONFLICT , )5/02/97 pJW REVIEW REVISED RESEARCH ; LETTER TO SOLOMON RE 2.50 DISCOVERY PROBLEMS. CONF KINSOLVING RE HIS PHONE CALL FROM SANDY SOLOMON RAISING ISSUE OF CONFLICT; LETTER TO SOLOMON RE SAME; J )5/02/97 SJY REVIEW FEDERAL TREATISE/CASES CONCERNING 5.50 PROPRIETY OF CROSSCLAIM; ADD SUMMARY TO MEMORANDUM ON ISSUES. - - )5/03/97 T"'" pJW . .)5/04/97 pJW ~ , )5/05/97 pJW - iiiii )5/05/97 KEG ... )5/05/97 SJY . - -r- - )5/05/97 SJY - - ~~ - .)5/06/97 pJW - - ~ - . -,..- )5/06/97 CJC ~ :" 05/06/97 SJY - -,-.- - ~ ~ .......,......- CONFLICT LETTER; REVIEW AND RESPOND REVIEW RESEARCH, DRAFT LETTER RESPONDING TO DISCOVERY ISSUES FROM SOLOMON; REVIEW SETTLEMENT AGREEMENT WORK ON CONFLICTS CONTENTIONS; ON PROTECTIVE ORDER, ETC. SHORT CONF WITH PETE WINDERS ON STATUS. REVIEW CORRESPONDENCE TO SOLOMON FROM WINDERS CONCERNING PENDING VENUE ISSUES AND STAY OF OTHER MATTERS; KINSOLVING "CONFLICT" CONFERENCE WITH PETE WINDERS CONCERNING TIMING OF PROTECTIVE ORDER; REVIEW FLORIDA RULES OF CIVIL PROCEDURE AND LOCAL RULES RE SAME. TRAVEL TO/FROM ORLANDO; MEET WITH MCINTOSH AND KRUPPENBACHER AND REVIEW DOCUMENTS; TALK WITH INDIVIDUAL COMMISSIONERS, MAYOR; CONFERENCE WITH R. MCLEMORE RE WATER BILLING MATTERS REVIEW DOCUMENTS; CONFERENCE WITH FRANK KRUPPENBACHER AND DONNA MACINTOSH RE CASE; ANALYZE ISSUES RE CASE 1. 00 NO CHARGE 3.00 NO CHARGE 3.50 .30 .10 .70 15.00 6.60 REVIEW MOTION FOR PROTECTIVE ORDER; CONFER WITH 1.60 ATTORNEY WINDERS; EDIT; SHEPARDIZE CASES f"IP"IV1rl:'l1f"l'rnfCQ FINALIZE; SERVE; FILE. 1-tt'C.,Ci '} ;..._'. C 1\ I U I ( ) N I I I I I ) \ \,y.\ Il I' I: tv' 1\.\1\ 1'" \ 1\ I S i' \I 11 I AUG 1~) \';j~1 "., , - CARLTON FlELDS ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 JUNE 13, 1997. REF. NO. 39908-86591 PAGE 3 - 5/07/97 - pJW - T"'" . ~ 5/07/97 CJC - - iiii ~ 5/08/97 pJW iii ;;; 5/08/97 CJC - - ~ 5/09/97 pJW -. ~ 5/09/97 KEG - l""'"'" 5/09/97 CJC l~ 5/10/97 PJW I~ 5/12/97 PJW L [ 1: ~ r r L 5/12/97 KEG 5/12/97 CJC 5/13/97 PJW 5/13/97 KEG \' 1 TELEPHONE CONFERENCE WITH R. MCLEMORE; CONFERENCE WITH K GRAVES; REVIEW MINUTES AND VERBATIM TRANSCRIPTS; REVISE MOTION IN SEMINOLE COUNTY REVIEW TRANSCRIPTS OF COUNTY COMMISSION MEETING; REVIEW DOCUMENTS PROVIDED BY DONNA MACINTOSH CONFERENCE WITH CACCIABEVE; REVIEW AND PREPARE ANSWER TO REQUEST FOR ADMISSIONS. REVIEW CORRESPONDENCE FROM OPPOSING COUNSEL; LETTER TO OPPOSING COUNSEL; REVIEW MOTION FOR PROTECTIVE ORDER ANSWER TO REQUEST FOR ADMISSIONS; CONFERENCE WITH R. MCLEMORE, DON LEBLANC; CONFERENCE WITH K. GRAVES CONF WITH PETE WINDERS RE: RESEARCH NEEDED; STATUS OF PLEADING; DISCUSS MOTIONS FILED AND ANSWERS TO INTERROGATORIES TO BE FILED; DISCUSS MY HELP NEEDED. REVIEW CORRESPONDENCE FROM OPPOSING COUNSEL; REVISE CORRESPONDENCE TO OPPOSING COUNSEL RESPONDING TO ADMISSIONS; COMMUNICATE WITH GRAVES CONFERENCE WITH GRAVES; REVIEW CACCIABEVE LETTER TO SOLOMON; DRAFT MOTION TO PROTECT RE ATTORNEYS; DRAFT ARGUMENT, CONFERENCE WITH RE SCHEDULING; COMMUNICATE WITH KRUPPENBACHER OFFICE RE POSITION ON PROPERTY INTEREST CONF WITH PETE ON STATUS OF REVIEW AND REVIEW AND EDITS TO CHARLIE'S LETTER BACK TO SOLOMAN. REVIEW ADDITIONAL DOCUMENTS FROM DONNA MCINTOSH; PREPARE FOR, TRAVEL TO WINTER SPRINGS; CONFERENCE WITH LARRY CONTIFF CORRESPONDENCE WITH SOLOMON RE SETTING PROTECTIVE ORDER REVIEW PLEADINGS FILES AND ALL Ex"RJ1@(J\!t:.D ATTACHED ~\U(; '\ ") \,:;j i \ \ I ~ I 1 (\ N I I I I 1)\ vV 1\ I ~ I) I:" \ " \\ >: \ :! I " ," I I I I 0:':' l' \ J I .1-~, l~., .~:5 ^ F[O 10 59-lZ3.3696 2.00 1. 40 5.00 1. 60 7.00 .70 .40 1. 50 3.00 2.40 2.00 3.9 .30 r e-i CARLTON FIELDS ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 JUNE 13, 1997 REF. NO. 39908-86591 PAGE 4 3/14/97 pJW 3/14/97 CJC 3/14/97 SJY 3/14/97 SJY 3/15/97 pJW ~ 3/15/97 GAY I . I 3/15/97 KEG .. .. 3/15/97 KEG I . I 3/15/97 CJC I 3/15/97 SJY . 3/15/97 SJY 3/16/97 PJW .,...- _. 3/16/97 GAY - - "'!"""" PREPARE FOR HEARING ON MOTION FOR PROTECTIVE ORDER CONFERENCE WITH PETE WINDERS; REVIEW CORRESPONDENCE REVIEW CORRESPONDENCE/DOCUMENTS RE PROTECTIVE ORDER REVIEW RESEARCH MEMORANDUM AND FILE TO LOCATE PRIVILEGE CASES; IDENTIFY TO COpy FOR HEARING ON 5/15/97 FOR ATTORNEY WINDERS. HEARING ON MOTION TO POSTPONE DEPOSITIONS; PREPARATION FOR DISQUALIFICATION MOTIONS TELEPHONE CONFERENCE WITH SPARKMAN; MEET WITH WINDERS, GRAVES AND S. YOUNG REGARDING DISQUALIFICATION MOTIONS CONF WITH PETE, GWYNNE AND STEPHANIE ON LATEST MOTION. ORGANIZE AND REVIEW VERBATIM TRANSCRIPTS OF MAY AND JULY MEETINGS RE: REPRESENTATIONS BY MIKES; REVIEW MINUTES OF SAME MEETINGS; TELCONF WITH PETE WINDERS RE: THOSE ITEMS AND LIKELY DCA REACTION RE: PLAN AMENDMENTS NEEDED; DISCUSS "SETTLEMENT" OFFER BACK TO MIKES. REVIEW LETTER FROM OPPOSING COUNSEL; LETTER TO OPPOSING COUNSEL; CONFERENCE WITH WINDERS RE MOTION TO POSTPONE DEPOSITIONS COpy PRIVILEGE AND DEPOSITION CASES FOR ATTY WINDERS' HEARING ON PROTECTIVE ORDER; ATTEND HEARING MEET WITH ATTYS WINDERS, G. YOUNG AND GRAVES RE MOTION TO DISQUALIFY; REVIEW AND ANALYZE MOTION TO DISQUALIFY; REVIEW CITED RULES AND COMMENTS TO SAME PREPARE MEMORANDUM FOR HEARING ON MOTION TO DISQUALIFY ;'[D;<) 5'3 '233896 6.00 3.50 1. 50 NO CHARGE 3.10 I .40 .10 .20 .50 1. 80 3.80 6.60 NO CHARG2 CONFERENCE WITH WINDERS; CONFERE~~~~,~r- YOUNG REGARDING RESEARCH; BEGIN "Y1~t.At1Q cD NO ANALYSIS OF MOTION TO DISQUALIFY P,UG 1 ,J) I~Y ( l. . .\ I ~ I 1 ( '''' I I I I I ) " \V.\ I I \ 1" \ ,'. , ,\ N I : I I " " \ I I I 1 ,,,,- l.' I i I I I I ~ I' ,\ (~i~'.,' ,,:: ',II ,'- ,';-'"-"':~~n~~s. 6 . 1: NO CHARG:c: 1. '. CrtA?;:. J~ t CARLTON FlELDS ATTORNEYS AT LAW I ~EO : 5'3.'2.33896 CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 JUNE 13, 1997 REF. NO. 39908-86591 PAGE 5 )5/16/97 KEG )5/16/97 CJC )5/16/97 SJY }5/17/97 PJW I . }5/17/97 GAY ii . ! :5/18/97 PJW ! !! :5/18/97 GAY I I . . :5/19/97 PJW :5/19/97 GAY II = ~ . ~ !!!! - ~ - - t DICTATE ALL REPRESENTATIONS MADE BY MIKES AT MAY 8, 1996 MEETING AND JULY MEETING; SHORT CONF WITH PETE RE: MY INITIAL IMPRESSIONS; NO GLARING INCONSISTENCIES BETWEEN THE TWO MEETINGS; REVIEW VERBATIM TRANSCRIPTS; REVIEW CORRESPONDENCE; CONFERENCE WITH KRUPPENBACHER'S OFFICE RE PREPPING FOR DEPOSITIONS REVIEW AND ANALYZE DECISIONS CONSTRUING CONFLICTS OF INTEREST RE SOLOMON/MIKES' MOTION TO DISQUALIFY; CONFERENCES WITH ATTORNEYS WINDERS AND YOUNG RE SAME; PREPARE OUTLINE. PREPARE FOR HEARING, REVIEW CASES, ETC. PREPARE FOR HEARING ON MOTION TO DISQUALIFY, INCLUDING REVIEW OF AND ANALYSIS OF PLEADINGS, ARGUMENT, AND DRAFT RESPONSES PREPARE MEMORANDUMS RE DISQUALIFICATION HEARING; CONFERENCE WITH G. YOUNG RE SAME DISCUSS ARGUMENT AND REVISIONS TO RESPONSE WITH WINDERS; TELEPHONE CONFERENCE WITH KINSOLVING; REVISE RESPONSE; PREPARE ARGUMENT; PREPARE CROSS EXAMINATION OF MIKES, DIRECT EXAM OF KINSOLVING, WINDERS AND GRAVES; MEET WITH KINSOLVING TO PREPARE FOR HEARING; OUTLINE ORAL ARGUMENT; DISCUSS REVISIONS TO RESPONSE AND PREPARE WINDERS AS TO TESTIMONY; CONTINUE PREPARATION FOR HEARING PREPARE FOR, CONSULT WITH G YOUNG, AND ATTEND HEARING ON MOTION TO DISQUALIFY CONTINUE WORK ON CROSS OF MIKES; REVISE RESPONSE AND MEMORANDUM RE KINSOLVING AND GRAVES; COMPLETE PREPARATION FOR HEARING; ATTEND HEARING; POST HEARING CONFERENCE 2.10 2.20 7.60 NO CHARGE 3.00 NO CHARGE 3.00 NO CHARGE 7.20 NO CHARGE 13.00 NO CHARGE 7.00 NO CHARGE 7.50 NO CHARGE ,RECE\\jED AUG 1 :'JI~~ { City (If \,'..'; __ FinZ:l\c-.; ,,' .,j' -":n0.5 C,\I(I It IN "1111)\ W^IU\ l'fv\M^~1111 \,',-"\1111 & '-:111111< 1':\ r ?I? e4J~ CARLTON FI ELDS ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 JUNE 13, 1997 REF. NO. 39908-86591 PAGE 6 5/19/97 KEG 5/19/97 KEG I I 5/19/97 KEG I 5/19/97 CJC I 5/19/97 SJY ~ - I 5/19/97 SJY I I 5/19/97 SJY I 5/20/97 PJW iiii 5/20/97 - KEG .. I 5/20/97 SJY II CONF WITH GWYNNE YOUNG RE: MY PREVIOUS INVOLVEMENT IN THE CITY OF WINTER SPRINGS MATTER. REVIEW AND EDIT THE SUMMARY OF THE MAY 95 MEETING; DICTATE SUMMARY ON THE JULY MEETING. CALL FROM PETE RE: LATEST MIKES' LETTER RE: IRRIGATION BILLS; CONTINUE DICTATION OF RESPONSES TO FIRST AMENDED REQUEST FOR ADMISSIONS. CONF WITH PETE AND GWYNNE RE: TODAY'S HEARING PROCEDURES; TRAVEL TO COURTHOUSE; ATTEND HEARING UNTIL THE RULE WAS INVOKED; AWAIT OPPORTUNITY TO TESTIFY. TRAVEL TO OFFICE. REVIEW AND EDIT FIRST AMENDED REQUEST FOR ADMISSIONS DRAFT RESPONSES FROM A LAND USE PERSPECTIVE. CONFERENCE WITH PETE WINDERS RE DEPOSITIONS AND HEARING ON MOTION TO DISQUALIFY; CONFERENCE WITH INDIVIDUAL COMMISSIONERS; PREPARE FOR, TRAVEL TO WINTER SPRINGS FOR CONFERENCE WITH COMMISSIONERS RE DEPOSITIONS CONFERENCE WITH PETE WINDERS RE FINDINGS OF FEDERAL COURT RE MOTION TO DISQUALIFY COUNSEL IN CASE UNDER SIMILAR FACTS; CONFER WITH LU PRATS RE COPIES OF FINDINGS OF MAGISTRATE AND DISTRICT COURT JUDGE; PROVIDE SAME TO ATTY WINDERS, DISCUSS. REVIEW CORRESPONDENCE FROM ATTY WINDERS TO SOLOMON RE SETTLEMENT AND COMMENTS RE MIKES' LETTER TO CITY MANAGER AND REFERENCED LETTER. REVIEW DEPOSITION DUCES TECUM/DOCUMENTS REQUEST OF CITY'S ATTORNEYS RE PRIVILEGE; CONFER WITH ATTORNEY WINDERS RE SAME. TO SANFORD FOR DEPOSITIONS OF CITY COMMISSIONERS GENNELL AND CONIFF; CONFERENCE WITH KRUPPENBACHER RE HIS DEPOSITION; ~-::::.. :) 59-'~3')B3~ 1. 90 4.10 NO CHARGE 1. 20 5.20 .70 NO CHARGE .10 6.70 12.00 1.10 COMPLETE EDITS TO VERBATIM SUMMARIES AND PROPOSED EDITS TO THE RESPONSES TO THE AMENDED FIRST REQUEST FOR ADMISSIONS. REVIEW SEVERAL PIECES OF CORRESPONDENCE .RliCEIVED. ATTY WINDERS TO ATTY SOLOMON AUG 1 ,j \9~{ .10 ,..,I! 1<>". 1111'" VV\I:I' I :,\',\\:--~I'II \.,11111 '>".,'::\'.1,1).\:. J',,i\.~:...;I':1S g'lDS I - ~ CARLTON FIELDS ATTORNEYS AT LAW ~'[J.Q <5<)"2.335:0<-: CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 JUNE 13, 1997 REF. NO. 39908-86591 PAGE 7 - I 3/21/97 PJW - ~ 3/21/97 CJC iiiiiii - .. 3/22/97 PJW . 3/23/97 PJW - - .- II', 3/23/97 KEG \ - - ==::;::;;i 3/23/97 CJC - - - ---,-- ':-/25/97 PJW II ---r- 3/26/97 PJW 1 - :"/27/97 PJW L - L r ' " ....... =/27/97 GAY n \ . .... ----.. - \ . I4: _~ CONFERENCE WITH CACCIABEVE, KRUPPENBACHER, DEPOSITIONS OF KRUPPENBACHER AND MCINTOSH; TRAVEL TO TAMPA 11.00 CONFERENCE WITH PETER WINDERS RE DEPOSITIONS AND SETTING HEARING ON MOTION FOR INTERPRETATION OF SETTLEMENT AGREEMENT .60 FOLLOW UP ON SEVERAL MATTERS: COPIES OF MCINTOSH DOCUMENTS; AMENDED ANSWER; LETTER TO SOLOMON RE CITY POSITION, POSSIBLE SETTLEMENT; CONFERENCE WITH KRUPPENBACHER; 5.00 ANSWER FIRST ADMISSIONS; AMENDED ANSWER; LETTERS TO EXAMINE SETTLEMENT. LETTER TO KRUPPENBACHER RE WORK PRODUCT, ETC.; CONFERENCE WITH GRAVES 3.20 CALL FROM PETE WINDERS RE: POSSIBLE SETTLEMENT AGREEMENT; DISCUSS REPRESENTATIONS BY MIKES AT CITY COMMISSION MEETINGS RE: POOL, TENNIS COURTS, CLUB HOUSE AND DOLLAR AMOUNT. .40 CONFERENCE WITH PETE WINDERS; CONFERENCE WITH CLIENT RE DEPOSITIONS AND MOTION TO SET HEARING IN SEMINOLE COUNTY 1.10 REVIEW, DO MEMORANDUM TO FILE ON OTHER ASPECTS OF SETTLEMENT AGREEMENTS 2.00 MISC. - E-MAIL CACCIABEVE RE STRATEGY; REVIEW FACSIMILE FROM S. SOLOMON 1. 40 TELEPHONE CONFERENCE WITH CACCIABEVE RE STRATEGY, RE MAYOR DEPOSITION; CONFERENCE WITH G YOUNG RE HEARING ON MOTION TO DISMISS; CONFERENCE WITH G YOUNG, FAX CORRESPONDENCE TO SOLOMON RE SETTING OF MOTIONS FOR DISQUALIFICATION AND FOR MOTION TO DISMISS 2.20 REVIEW E-MAILS FROM WINDERS; DISCUSS RELATIONSHIP OF MOTION TO DISQUALIFY AND SCHEDULING OF HEARINGS ON OTHER MATTERS WITH WINDERS; DISCUSS SOLOMON'S RESPONSE AND OTHER SCHEDULING AND STRATEGY ISSUES .50 RECEI'/FD <.. '\ I~ 1 I' l i'''; I I I I I" \ V:\ I ~ I' !.'. \ ,\ L\ c-.. I I I \ ,', \ I I 1 I ~'" AUG 1 .3J:-;j f City of Wi""... "'rs l""'" I' ,;lI1anvtr e;fj\ """""" ...<I,~ .I. ~~.p ~... "C'!'~~""~''''-,''''''''''.''!'f'',,,.,. ,. ."'~$~., ",,,""'~'~.''''''''''.'''''"'''''''>'''''' v, ,.;"-,-,-,,~,,.-,"-. - i - - - . CARLTON FIELDS ATTORNEYS AT LAW ,;cEO. 10 59.123389<5 - iiii ""'iii CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 JUNE 13, 1997 REF. NO. 39908-86591 PAGE 8 REVIEW VARIOUS CORRESPONDENCE FROM SO~N REVIEW CORRESPONDENCE RECE\\1 !.- '\ j \9'j'( TOTAL FEES FOR PROFESSIONAL SERVICE~UG sorin-sS ~ \!'l\ \1tef " Cit'f 0\ e DCt;)t, n\1o.\1C .. :5/27/97 KEG - - -- . :'5/27/97 CJC - - ~ '5/28/97 PJW - 5/28/97 GAY 5/28/97 CJC 5/29/97 PJW 5/29/97 CJC - ~ 5/29/97 DD* II 5/30/97 pJW 5/30/97 GAY - 5/30/97 CJC CALL FROM/TO PETE WINDERS VIA CAR PHONE RE: POSSIBLE CONTINUATION OF MOTION TO DISQUALIFY FOR TOMORROW; DISCUSS SCHEDULED ITEMS ON CALENDAR. .30 REVIEW CORRESPONDENCE; CONFERENCE WITH PETE WINDERS RE STRATEGY; CONFERENCE WITH FRANK KRUPPENBACHER RE DOCUMENTS 1. 70 CONFERENCE WITH G YOUNG RE CONTINUED HEARING; FAX & TELEPHONE SOLOMON RE CONTINUED HEARINGS, MOTIONS, ETC.; REVIEW AND PREPARE COPIES OF EXHIBITS, CASES, FOR MOTION TO DISMISS 3.00 DISCUSS STRATEGY RE SCHEDULING ISSUES, MOTION TO SET HEARING, WITH WINDERS .30 CONFERENCE WITH KRUPPENBACHER; REVIEW SUBPOENAS; CONFERENCE WITH PETE WINDERS RE DEPOSITIONS AND FURTHER DISCOVERY 1. 80 TELEPHONE R MCLEMORE, RICK NEILSEN'S OFFICE; CONFERENCES WITH CACCIABEVE, KRUPPENBACHER OFFICE (LIZ) i MCINTOSH; REVIEW AND PRODUCE MCINTOSH DOCUMENTS; SEVERAL LETTERS TO SOLOMON, KRUPPENBACHERi MOTION TO AMEND ANSWER 4.00 CONFERENCE WITH MAYOR RE DEPOSITION; REVIEW CORRESPONDENCE 1. 60 PREPARING DOCUMENTS FOR PRODUCTION. .70 MISC DISCOVERY MATTERS .50 .30 .20 $ 35,790.50 - _-='TORNEY FEE SUMMARY ~ WFM W. F. MCGOWAN :?JW P. J. WINDERS - :?JW P. J. WINDERS - 7,AY G. A. YOUNG -- 7,AY G, A. YOUNG 0.20 hours at $ 200.00 40.00 27.30 hours at $ 0.00 .00 98.30 hours at $ 200.00 19660.00 26.50 hours at $ 0.00 .00 1.10 hours at $ 200.00 220.00 \.. ' " I: I I" N I \ I I I ) ~ W ,\ I") I' .'d I\~ ,\ ,< 1 I I \ S /v\ I 11 I & C 1 1\ I I I, I'. ^ . CARLTON FIELDS ~ED 10 59 i! ,)3096 I . I Ii KEG ~ KEG CJC DD* I SJY SJY ill - ATTORNEYS AT LAW t JUNE 13, 1997 REF. NO. 39908-86591 PAGE 9 CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 K. E. GRAVES 4.10 hours at $ 0.00 .00 K. E. GRAVES 15.80 hours at $ 200.00 3160.00 C. J. CACCIABEVE 29.00 hours at $ 200.00 5800.00 D. DICKEY* 0.70 hours at $ 75.00 52.50 S. J. YOUNG 14.90 hours at $ 0.00 .00 S. J. YOUNG 50.80 hours at $ 135.00 6858.00 TOTALS 195.90 35,790.50 COSTS INCURRED ON YOUR BEHALF AS POSTED MAY 31, 1997 I 380.70 105.50 21.66 35.00 101.25 COPYING COST FAX TELEPHONE MESSENGER CHARGES WINDERS COURT REPORTER CHG. VENDOR: BERRYHILL & ASSOCIATES, INC. COPYING COST - VENDOR: PROFESSIONAL SUPPORT TECH. INC MILEAGE/TOLLS/PARKING 4/23 TAMPA TO ORLANDO - VENDOR: PETER J. WINDERS MILEAGE/TOLLS/PARKING 4/28 TAMPA TO WINTER SPRINGS - VENDOR: PETER J. WINDERS MILEAGE/TOLLS/PARKING 5/6 TAMPA TO WINTER SPRINGS - VENDOR: PETER J. WINDERS COMPUSERVE RESEARCH EXPRESS MAIL WESTLAW RESEARCH WESTLAW RESEARCH WESTLAW RESEARCH WESTLAW RESEARCH WESTLAW RESEARCH WESTLAW RESEARCH WESTLAW RESEARCH WESTLAW RESEARCH - . ..,.. )5/16/97 )5/28/97 _ " )5/30/97 389.48 52.00 )5/08/97 J5/08/97 J5/21/97 J5/01/97 ='5/19/97 )4/25/97 J5/02/97 )5/04/97 J5/05/97 )5/06/97 ='5/15/97 ;5/16/97 J5/19/97 64.25 68.00 3.00 8.16 1159.84 27.03 242.76 158.05 7.22 1. 31 154.46 166.02 .,.... iiiii - ~ ~ ~ 3,145.69 TOTAL COSTS AS POSTED THROUGH MAY 31, 1997 $ 38,936.19 INVOICE 109474 TOTAL ------------ RECEI\JED L L AUG i:. l:ij! ~ ~ rZss-f 'C' . \/'" ,.....\rir.~- Ity Oi '1;1:'."(;)'" is::> '_\1(11'\"-, 11111)\ \;V/\I~I) I ,'" {\.\/\['-I I II I SI,IIIII &x fil\'ITr'i~D{;.Bt 1 ~ ~., '''"'' ,.. ~ _'",. .~, _~"'\"1"""",r"" '" ,,,,,,,,,~,,,,,,,,,,,,,",,,,,,~,,,,,;,,,,/~,,,,,, ~"","..,..,." ",."..,.,.,.._". ........",.,."".",. '. , " ~.O'~ ,~""~ _0 ,'''00,'' 0'. I . I CARLTON FI ELDS . ATTORN EYS AT LAW I CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 109474 JUNE 13, 1997 REF. NO. 39908-86591 PAGE 10 I 7,996.70 7,996.70 BALANCE DUE FROM PREVIOUS STATEMENT " LESS: PAYMENTS . I TOTAL AMOUNT DUE $ 38,936.19 I ------------ ------------ I . -- .. I . ~ I I . - - =-' I ~tCfNED l\'JG '\ ;) \lj'j I I!!!!!! - .. - C .....,..:, n~'j .'~ < Vrl\\t~r '~. '. Cr~\r 01 D~:.}t ] finanCe> - - - -. .- C ,\ ItI 1'0 N. F III I) S W ^ ItI) F Iv\ Iv\ ^ N III I "M I 1'1 I & ell T I I'It I'. ^. FED.IQ 59.1233896 .- ~~ ~~11 I , PloCASl: Rt:""~T fO' P.O. BOX 3239 TAMPA. fl33601-3239 13t.312Z,J.l:x::o CARLTON FIELDS FED. 10 59.1233896 ATTORNEYS AT LAW F",.,J( IBI,)l 229-4133 - P.O. BOX II 7\ PO BOX 12426 PO DRAWER 190 P.O.80X 150 PO. BOX 2861 P.O. BOX 019101 ORL^NOO. f"L 32802 PENSACOLA, FL 32582 TALLAHASSEE. F"L 3Z.JOZ wEST PALM BEACH. FL 33402 Sf PETERSBURG. FL 3.37.31 MIA""I. FL 33131 (4071 849-0300 190414.)4-0142 19041224-1585 15611659.7070 (81)1821-7000 D051530-oo50 II FAX 14071 648-9099 FAX '904/434-5366 F"AK 1904l 222.0398 FAX 15611 659-7368 F....XISI).622-376B F~ 13051 53Q-OC)S5 - - .......". CITY OF WINTER SPRINGS, FLORIDA C/O RON MCLEMORE, CITY MANAGER 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 JULY 21, 1997 GEORGE J. MEYER REF. NO. 39908-86591 INVOICE NUMBER 113041 . . RE: LAND USE, ZONING LITIGATION . . BALANCE FORWARD $ 7\9~6. 9 - /~ ~ \- - ~ ~ - $ 38, .19\ BALANCE DUE FROM PREVIOUS STATEMENT LESS: PAYMENTS - . LEGAL SERVICES POSTED THROUGH 06/30/97 $ 39,103.50 COSTS ADVANCED POSTED THROUGH 06/30/97 3,241.87 /~~ ' ~ n CURRENT INVOICE TOTAL(-~~-~~;:~~~~-~~~V:)~; TOTAL AMOUNT DUE'~ ~ . ------------ ------------ g,3 , ' ~. -- "~.- .- 1:5 '!NTE-RED AUG f 4 rgg7 -- AGED ACCOUNTS RECEIVABLE BALANCE OUTSTANDING . - CURRENT 81281.56 OVER 30 .00 OVER 60 .00 OVER 90 .00 TOTAL 81281.56 . 'RECEIVED- -- - - - . *** REMITTANCE COpy *** AUG 1 3 1% I .- iOiiiiiiiiiiiii ----:::' City of Wint;~r ~'-:llgS Financ,~ Dcr)t --- - - - -... ~ '''''''-~ r~~-m~ftJ1f0'w~r,.;"t';.:/J_~:.'f"y:;"-':,:;:/:7"'- ,":.'''''~"'''~< ~ _,.,..~,.."...."..T..._..~T.~ .,..~. """ """''r'''' ~. '. "'.. .~." "'~ ," :.:>:'""'~'l'"""-..."..,~.~" :'."":":'..-,..."......, "", .,.,...~ "<-,,........,.... .....'. ,. -~ t CARLTON FIELDS ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 113041 JULY 21, 1997 REF. NO. 39908-86591 PAGE 1 PROFESSIONAL SERVICES AS POSTED THROUGH JUNE 30, 1997 )6/02/97 CJC j6/03/97 PJW -,6/03/97 TPW .'6/03/97 CJC '6/04/97 PJW I '6/04/97 CJC I . I '6/04/97 DEH '6/04/97 EW* I I 5/05/97 PJW . . - I I ;/05/97 CLW lI". . " I I""'" ANALYZE ISSUES RE MOTION TO COMPEL AND MOTION FOR SANCTIONS; REVIEW CORRESPONDENCE FROM OPPOSING COUNSEL CONFERENCE WITH C CACCIABEVE; REVIEW MOTION TO COMPEL; REVIEW LETTERS FROM MIKES SENT TO CITY; REVIEW DEPOSITIONS FOR HARASSMENT, ETC. ANALYSIS OF METHOD OF OBJECTING TO DOCUMENTS REQUESTED PURSUANT TO SUBPOENA DUCES TECUM. CONFERENCE WITH KRUPPENBACHER RE DOCUMENTS; REVIEW SUBPOENAS; REVIEW CORRESPONDENCE; REVIEW DEPOSITION TRANSCRIPTS CONFERENCE WITH HEMKE RE CASE, RE ADDITIONAL THEORIES; COMMUNICATE WITH CACCIABEVE, GRAVES; PLAN FOR STATUS REPORT; REVIEW DOCUMENTS FROM FRANK KRUPPENBACHER; REVIEW MOTION TO COMPEL; CONFERENCE WITH PETE WINDERS CONSULTING WITH WINDERS CONCERNING CONSTITUTIONAL ISSUES, STATUS AND STRATEGY. CONFERENCE WITH CASE ATTORNEY RE: SUBPOENA DUCES TECUM; TELEPHONE CONFERENCES WITH KRUPPENBACHER'S OFFICE RE: DOCUMENTS SUBJECT TO SUBPOENA; REVIEW OF DOCUMENTS AT CITY ATTORNEY'S OFFICE; COORDINATED ARRANGEMENTS FOR DOCUMENT PICKUP. REQUEST FOR ADMISSIONS; ANSWERS TO SECOND REQUESTS; MOTION FOR PROTECTIVE ORDER; REVIEW MOTION TO COMPEL; LETTER RE NUMBER OF ISSUES; CONFERENCE WITH KRUPPENBACHER; CONFERENCE WITH GRAVES; CONFERENCE WITH HEMKE; CONFERENCE WITH CACCIABEVE AND GRAVES; DRAFT REPO~A~~t\ reD ITEM; RESEARCH ASSIGNMENTS TO S Y~\.....t..\ \: (.- PREPARE RESPONSE TO DOCUMENT REQUEST., r 1 -1 \':)'J ( i,,\U\J " , ,; ,c ; r::..-,rings C'~--( c: \.11._ IlJ. _ ~ Q,';it . f;f-,2\i\l-C <.. -.\ I, I 1 \ , c< 1 I I 1 I ,,, VV:\ I ( I' I ,'- \ ,,- \ .\ ,'" \ . I I " .\ \ I I Ii,,,," <..' \ I I I I I ( I' /\ FTO 10 OS? :2:33896 .90 2.00 .20 2.40 3.00 1. 80 .60 4.40 10.00 4.8C CARLTON FIELDS ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 113041 JULY 21, 1997 REF. NO. 39908-86591 PAGE 2 .6/05/97 TPW .6/05/97 KEG j6/05/97 CJC '6/05/97 EW* '6/05/97 SJY , '6/06/97 pJW 6/06/97 KWN* I 5/06/97 CLW I 6/06/97 I TPW 6/06/97 GAY I I I 6/06/97 KEG ii . 6/06/97 CJC - 5/06/97 EW* - ~ 6/06/97 SJY . Ii! - , . ! r RESEARCH RE SUBPOENA DUCES TECUM; REVIEWING DOCUMENTS. CONF WITH PETE WINDERS; CONF WITH CHARLIE CACCIABEVE; DISCUSS 2ND AMENDED REQUEST FOR ADMISSIONS; ADVISE PETE WINDERS OF DATE DUE. REVIEW KRUPPENBACHER DOCUMENTS; ANALYZE ISSUES RE PRODUCTION OF DOCUMENTS COORDINATED DELIVERY OF WINTER SPRINGS DOCUMENTS TO CARLTON FIELDS; REVIEW OF DOCUMENTS FOR RESPONSIVENESS AND PRIVILEGE. RESEARCH ISSUE: WHETHER SETTING MIKES' DEPOSITION UNDER HILLSBOROUGH COUNTY CASE WOULD CONSTITUTE WAIVER OF VENUE OBJECTION. CONFER WITH ATTY WINDERS RE SAME. CONFERENCE WITH K GRAVES; AMEND ADMISSION ANSWERS, ADMISSION REQUESTS; CONFERENCE WITH MCLEMORE; REVISE LETTER TO SOLOMON; CONFERENCE WITH S YOUNG RE MOTION FOR PROTECTION; PREPARED DOCUMENTS FOR MOTION TO COMPEL. PREPARE RESPONSES TO DOCUMENT PRODUCTION REQUESTS REVIEWING DOCUMENTS. REVIEW LETTER FROM SOLOMON TO WINDERS; REVIEW AND REVISE DRAFT LETTER TO SOLOMON; DISCUSS WITH WINDERS REVIEW DRAFT RESPONSES TO 2ND AMENDED REQUEST FOR ADMISSIONS; CALL TO PETE WINDERS FROM OUT OF OFFICE AND DISCUSS MY PROPOSED EDITS/ADDITIONS. REVIEW KRUPPENBACHER DOCUMENTS REVIEW OF WINTER SPRINGS DOCUMENTS IN RESPONSE TO SUBPOENA DUCES TECUM. REVIEW AND ANALYZE GENNEL DEPOSITION TO~Yf~~ MOTION FOR PROTECTIVE ORDER; IDENTIFi~~~'V~[) CITATIONS. ^ \!G 'j -,;" \~,:J i 1-'. u) ". l . .. i: I I \ \:-. I I I I I ) " \ \', I: I \ I", ,'-' '- :'., I ,I I ., \ t, : - "', '.- ,\ ,... '--..... r ~ ( \ II G S \'" I IGlt'f,< ~1.' I~"I'.~,[ rD;.t)~\ , ""t::: :) 59.'Z3::.:,,="~ 1.10 .80 5.20 6.60 1. 60 4.50 4.80 1. 90 1. 00 .50 .60 1.40 6.50 6.10 CARLTON FIELDS ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 113041 JULY 21, 1997 REF. NO. 39908-86591 PAGE 3 ;/07/97 EW* WORKED ON DOCUMENT REVIEW; DETERMINATION OF RESPONSIVENESS OF DOCUMENTS TO NON-PARTY SUBPOENA DUCES TECUM; WORKED ON PRIVILEGE REVIEW. ;/08/97 pJW RESPOND TO LETTER TO SOLOMON RE SETTLEMENT; SEMINOLE REQUEST FOR ADMISSIONS ;/08/97 CLW PREPARE RESPONSE TO DOCUMENT PRODUCTION ;/08/97 EW* WORKED ON DOCUMENT REVIEW IN RESPONSE TO NON-PARTY SUBPOENA DUCES TECUM. ;/09/97 pJW CONFERENCE WITH CACCIABEVE; REVIEW LATEST MIKES LETTER; DRAFT MOTION FOR PROTECTIVE ORDER; MISCELLANEOUS INVESTIGATIONS; IN HOUSE CONFERENCES RE THREATS FROM MIKES, SOLOMON LETTER AND RESPONSE ! . ~/09/97 KWN* PREPARING DOCUMENTS FOR MOTION TO COMPEL. ;/09/97 CLW, PREPARE RESPONSES TO DOCUMENT PRODUCTION REQUESTS; REVIEW RESPONSIVE MATERIAL - ! ~/09/97 GAY REVIEW JUNE 6 LETTER FROM SOLOMON AND DRAFT RESPONSE TO SAME; DISCUSS SAME WITH WINDERS; DEAL WITH ISSUES RE MIKES LETTER TO KINSOLVING; CONFERENCE WITH MCGOWAN AND SPARKMAN RE SAME; CONFERENCE WITH KINSOLVING AND SPARKMAN; DISCUSS DISCLOSURE TO CITY WITH WINDERS r . . ;/09/97 LEK FURTHER REVIEW OF TIME RECORDS AND REVIEW LETTER FROM JAMES MIKES AND OFFICE CONFERENCE WITH GWYNNE YOUNG. . , ~/09/97 CJC REVIEW KRUPPENBACHER DOCUMENTS; CONFERENCE WITH EACH INDIVIDUAL COMMISSIONERS; PREPARE FOR AND TRAVEL TO ATTEND COMMISSION MEETING - ~/09/97 EW* WORKED ON REVIEW OF WINTER SPRINGS DOCUMENTS. ..... -/09/97 SJY REVIEW DISCOVERY RESPONSES AND VARIOUS CORRESPONDENCE - . -r -/10/97 PJW CONFERENCE WITH CACCIABEVE RE STATUS RE MEETING; MOTION FOR PROTECTIVE ORDER - RESEARCH AND DRAFTING; REVISION OF SAME 'RECE\\jEO PREPARED DOCUMENTS FOR MOTION TO COMPEL. AUG',:::~; i =- = - -----r 110/97 KWN* ----r 1,,11', \\'\1'[1 1',\"\\'.1 Ilc~"iirFII_&l.c1- 't~:I'n~l~~1'>i\ r __ ';'9.' ~).38'::r,-S 7.00 6.50 4.30 6.70 6.50 4.30 3.40 2.50 NO CHARGE .1.10 NO CHARGE: 7.40 1.6J 4 . :::= 2. ' , ~ft1 ~ ~' t-lS' . CARLTON FlELDS ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 113041 JULY 21, 1997 REF. NO. 39908-86591 PAGE 4 6/10/97 CLW 6/10/97 TPW 6/10/97 GAY 6/10/97 CJC PREPARE RESPONSES TO DOCUMENT PRODUCTION REVIEWING DOCUMENTS. REVIEW DRAFT MOTION FOR PROTECTIVE ORDER; DISCUSS SAME WITH WINDERS REVIEW KRUPPENBACHER DOCUMENTS 6/11/97 pJW NUMEROUS CALLS RE HEARING ON MOTION TO COMPEL: KRUPPENBACHER; CACCIABEVE; KETCHEY; DISCUSS MOTION FOR PROTECTIVE ORDER WITH G YOUNG; REVISE SAME; 6/11/97 KWN* ORGANIZING AND EXAMINING DOCUMENTS FOR MOTION TO COMPEL. I 6/11/97 CLW - 6/11/97 TPW - - 6/11/97 GAY - 6/11/97 CJC - ~- 6/11/97 EW* - - I - 6/12/97 PJW .,.. - iiiiiiii - 6/12/97 , CLW ';/12/97 CJC . .; /12/97 EW * l.. L PREPARE RESPONSES TO DOCUMENT PRODUCTION; REVIEW RESPONSIVE MATERIAL ANALYSIS OF ISSUE OF PROPER PROCEDURE FOR OBJECTING TO NOTICE OF DEPOSITION DUCES TECUM. REVIEW MOTION FOR PROTECTIVE ORDER; CONFERENCE WITH P. WINDERS REGARDING SAME REVIEW KRUPPENBACHER PRIVILEGE DOCUMENTS; CONFERENCE WITH KRUPPENBACHER; CONFERENCE WITH WINDERS RE COMPELLING AND LOG; REVIEW DOCUMENTS RE PRODUCTION WORKED ON WINTER SPRINGS DOCUMENTS IN PREPARATION FOR PRODUCTION AS DIRECTED BY CASE ATTORNEY. FINALIZE MOTION FOR PROTECTIVE ORDER; CONFERENCE WITH CACCIABEVE (2) RE DOCUMENT PRODUCTION TODAY, RE COMMENTS, THREATS OF MIKES, RESPONSE, ETC. SUPERVISE DOCUMENT PRODUCTION; PREPARATION OF PRIVILEGED DOCUMENT LOG PREPARE FOR DOCUMENT PRODUCTION TO OPPOSING COUNSEL; CONFERENCE WITH OPPOSING COUNSEL AND MIKES; REVIEW DOCUMENTS FOR DOCUMENT PRODUCTION ATTENDANCE AT DOCUMENT PRODUCTIORECE\VED AUG 1.) 1;;~1 (:\I~I ItlN I 1111\" VV,\I~\) 1.'\M'\N\JIICi~'fb~IVJ~.tC:.\J:i'Uil~ni;'3)^. , FED 10 59-1233696 3.30 7.90 .80 1. 70 3.00 2.10 5.40 1. 50 1. 00 6.90 3.60 l. 40 l. 60 3.80 "- ~~ ~_.".~~'t'i,;~~~(,;}~.'l'~~-<';~~~;):cl,~l_:::;~~<",', ':< ~_. .^. ..~"r""",~~..,,0j{: ,"c..,.~,:.""T: ~1"""1l'l"I'I'f4.,.,,...~,~~,,.r;~~"'-"l " -""~,~"",,!,~,,",,,,~':~~-''''' .,~. .i"".... ,._,~ t CARLTON FiELDS ATTORNEYS AT LAW ~ F"EO 10 59.12.33896 .- CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 113041 JULY 21, 1997 REF. NO. 39908-86591 PAGE 5 :6/13/97 pJW )6/13/97 CJC }6/16/97 pJW ,6/16/97 CLW i6/16/97 GAY -6/16/97 CJC -6/17/97 pJW . 6/17/97 CLW .. .. '6/17/97 CJC - 5/18/97 PJW I i I . '6/18/97 GAY 6/18/97 LEK - - 6/18/97 CJC - - 6/19/97 PJW . ~ I - - ADJUSTMENTS TO MOTION FOR PROTECTIVE ORDER; COMMUNICATE WITH GRAVES RE 'MASTER PLAN' LANGUAGE CONFERENCE WITH PETE WINDERS RE DOCUMENT PRODUCTION AND BATE STAMPING DOCUMENTS REVIEW; PREPARE FOR HEARING ON MOTION TO AMEND; REVIEW FILES OBTAINED FROM CITY BY MIKES; CONF G YOUNG; CONF CACCIABEVE RE MAYOR PARTYKA DEPO PREPARE PRIVILEGE LOG; REVIEW OF PRIVILEGED DOCUMENTS CONFERENCE WITH WINDERS; MEET WITH KINSOLVING REGARDING RESPONSE TO CORRESPONDENCE FROM MIKES REVIEW DOCUMENTS; REVIEW MOTION FOR PROTECTIVE ORDER; CONFERENCE WITH TOM LANG'S OFFICE RE DEPOSITION CONFERENCE WITH G YOUNG RE DISQUALIFICATION HEARING; MISC. MATTERS. REVIEW OF SUPPLEMENTAL RESPONSIVE DOCUMENTS; REVIEW OF PRIVILEGED DOCUMENTS; PREPARATION OF AND REVISIONS TO PRIVILEGED LOG PREPARE FOR DEPOSITION; REVIEW MOTIONS COMMUNICATE WITH KRUPPENBACHER, WITH CACCIABEVE; WITH G YOUNG; ETC., ABOUT PROGRESS OF CASE; TELEPHONE CACCIABEVE RE DEPOSITION OF MAYOR PARTYKA DEAL WITH ISSUES RAISED BY MIKES WITH KINSOLVING DISCUSSIONS WITH RUDNICK & WOLFE FILE DEPARTMENT AND OTHER INTERIM PREPARATIONS FOR THE JULY 1 HEARING ON DISQUALIFICATION. PREPARE FOR AND ATTEND DEPOSITION OF MAYOR PAUL PARTYKA; CONFERENCE WITH MAYOR REVIEW PRIVILEGED DOCUMENTS AND FINALIZE "ED PRIVILEGE LOG RE KRUPPENBACHER DOC~~E:\\i AU G l-~! '0 ~ I <":,\I(II\lN 11111)' Wi\I(\) FMM/\N\III"()\tYI~).I~'!<l~\tl\,,1 f'.<!pg!~. 2.50 .40 2.40 2.80 .50 NO CHARGE 2.20 1. 20 NO CHARGE 4.50 .80 1.10 .50 NO CHARGE 1. 70 NO CHARGE 9.10 4.00 - ~ - , , , t CARLTON FlELDS ATTORNEYS AT LAW CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 113041 JULY 21, 1997 REF. NO. 39908-86591 PAGE 6 )6/20/97 pJW )6/20/9'iJ CLW )6/22/97 pJW )6/23/97 pJW . ,..., )6/23/97 CLW )6/23/97 CJC I.' '. )6/23/97 DMA ~ )6/24/97 PJW T~ r . )6/24/97 GAY I . - (- j6/24/97 CJC I ,1- )6/25/97 PJW - \1 - j 6 /2 5 / 9 7 GAY l~ 16/25/97 CJC J~' I~ i'~ " ~1J8" CONFERENCE WITH C WARREN, F KRUPPENBACHER; R MCLEMORE; RE VARIOUS ASPECTS OF DEPOS, REVISION OF PRIVILEGE LOG AND REVIEW OF RESPONSIVE DOCUMENTS PREPARE AND ORGANIZE FOR DEPOSITION TO ORLANDO FOR KRUPPENBACHER DEPOSITION AND RETURN PREPARATION OF ORIGINAL DOCUMENTS FOR RETURN TO WINTER SPRINGS REVIEW PRIVILEGE DOCUMENTS; CONFERENCE WITH PETE WINDERS; REVIEW LETTER; CONFERENCE WITH RON MCLEMORE .(:J -:: 591Z.J3696 1. 00 2.10 .40 11.00 .80 1. 80 COMMUNICATION (IN PERSON) WITH MS. YOUNG REGARDING ETHICS/CONFLICT OF INTEREST QUESTION .20 NO CHARGE CONFERENCE WITH G YOUNG; REVIEW STIPULATED RECEIVER MOTION; CONFERENCE WITH CACCIABEVE; PREPARE FOR AND ATTEND HEARING ON MOTION TO AMEND ANSWER TO AMENDED COMPLAINT; SETTLEMENT DISCUSSIONS WITH SOLOMON; REPLY TO 6/20 MIKES LETTER; CONFERENCE WITH KRUPPENBACHER AND MCLEMORE CONFER WITH WINDERS TELEPHONE CONFERENCE TO NIELSEN REGARDING VARIOUS ISSUES APPOINTMENT OF RECEIVER. REVIEW LETTER FROM MIKES; REVIEW DOCUMENTS FROM MORTGAGEE RE FORECLOSURE; CONFERENCE WITH PETE WINDERS CONTINUE DRAFTING REPLY TO 6/20 MIKES LETTER; CONFERENCE WITH KRUPPENBACHER; CONFERENCE WITH G. YOUNG; CONFERENCE WITH S. YOUNG RE SUPREME COURT OPINION ON ATTORNEY/CLIENT PRIVILEGE CONFER WITH P. WINDERS. REVIEW MORTGAGE FORECLOSURE AND SETTLEMENT DOCUMENTS; REVIEW WINDERS MEMO; CONFERE~ WITH WINDERS; REVIEW DEPOSITIONS OF CONNIFF AR>ECEI\/ED GENNELL ~ AUG 1, ,~:,{ c' \1" l(lN IIIII)~ \N,\I:I> I "\I'v\,\i.:t II \,',\!' 11 Gi.t',Z'S'J, iril,~lt'p,:iDring6 ,_ I', 4.50 .40 2.30 3.20 .30 2.60 ~J%, ~~~ ecsiJ _._._-""',J>II"'''''''''''''''''''''''''''','' , - --,,~. . ~ ,. """"'~ ~~ ~"~r",""'. "'..........~"'. "'~,..",'~""!_ ..., "." .'-' .'" -v,.... ,,,,,,. ""~~."",:~>:'r?'r,.I',.,,. .'-~~'. ",'~, ".''''!':OI:'L?,-i','''''-''-_'~~~'I"I'!i',!ill''''")('I'J . -... ----=;;0 --- CARLTON Fl E LOS ATTORNEYS AT LAW .-,. -''O)'c.)JU.::>-'' CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 113041 JULY 21, 1997 REF. NO. 39908-86591 PAGE 7 ----.,. ::'/26/97 PJW --=-- ;/26/97 RBK ~ ;/26/97 GAY ~ ::'/26/97 CJC ~ ;/26/97 SJY ::'/27/97 PJW .-' --.. -;/27/97 CJC ::/28/97 PJW - r-'- t--= 1--= r--= . r: J--= J-=' l~ ] .- :/29/97 PJW -: /29/97 GAY ~/30/97 PJW -/30/97 GAY -/30/97 LEK CONFERENCE WITH CACCIABEVE; FINISH REPLY LETTER TO MIKES JUNE 20 LETTER FOLLOW UP WITH WINDERS & YOUNG RE PROPER RESPONSE RE DISQUALIFICATION COMMUNICATIONS. DEAL WITH VARIOUS ISSUES REGARDING EARLIER CONTACT WITH KINSOLVING. REVIEW LETTER TO OPPOSING COUNSEL; CONFERENCE WITH PETE WINDERS; REVIEW DOCUMENTS RESEARCH ISSUE RE ATTORNEY/CLIENT CONSULTATION DURING DEPOSITION AND CORRESPONDING PRIVILEGE FINALIZE REPLY TO JUNE 10 MIKES LETTER; CONFERENCE WITH CACCIABEVE; REVIEW FILE; CONFERENCE WITH RICK NIELSEN RE LIQUOR LICENSE TRANSFER REVISE LETTER TO SOLOMON; REVIEW PRIVILEGE LOG REVIEW TO DO LIST; DIRECTIONS TO VARIOUS ASSIGNMENTS; REVIEW VARIOUS RECENT FILINGS, SETTLEMENT, ETC. REVIEW, LETTER REJECTING SETTLEMENT; PREPARE FOR ARGUMENT REVIEW DRAFT LETTER TO SOLOMAN; DISCUSS WITH WINDERS; REVIEW REVISED DRAFT; PREPARE FOR CONTINUATION OF HEARING - REVIEW TRANSCRIPT OF FIRST HEARING. READ CROSSCLAIM AGAINST SUN CITY DEFENDANTS; CONFERENCE WITH G YOUNG; CONFERENCE WITH R MCLEMORE; CONFER WITH P. WINDERS; PREPARE FOR CONTINUATION OF HEARING. PREPARATION FOR HEARING ON JULY 1ST AND CONFERENCE WITH GWYNNE YOUNG. TOTAL FEES FOR PROFESSIONAL SEROOE1\/E!J AUG 1 iS9/ C i t Y C' f \'! - ':",' S ( \I~I I' '>J I II II)', \'\' \I~I' I :\\,"\,[-\iHllI1(]''-: S":\JtlI1 ,', ( I I I! : 2.00 1. 30 NO CHARGE .50 NO CHARGE 1. 60 .20 .60 .80 1. 50 4.00 1. 00 1. 50 2.50 1. 80 NO CHARGE $ 39,103.50 I' \ ~~t ~1f CARLTON FIELDS ATTORNEYS AT LAW . CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 113041 FED. 10 59.12,]3896 JULY 21, 1997 REF. NO. 39908-86591 PAGE 8 ':.TTORNEY FEE SUMMARY -PJW I? J. WINDERS 1. 20 hours at $ 0.00 .00 PJW P. J. WINDERS 81.10 hours at $ 200.00 16220.00 XWN* K.W. NUNAMAKER * 13.30 hours at $ 95.00 1263.50 RBK R. B. KINSOLVING 1. 30 hours at $ 0.00 .00 .cLW C. L. WARREN 34.90 hours at $ 105.00 3664.50 TPW T.P. WERT 11.70 hours at $ 115.00 1345.50 .GAY G. A. YOUNG 4.00 hours at $ 0.00 .00 .GAY G. A. YOUNG 6.50 hours at $ 200.00 1300.00 XEG K. E. GRAVES 1.40 hours at $ 200.00 280.00 LEK L. E. KINSOLVING 4.60 hours at $ 0.00 .00 CJC C. J. CACCIABEVE 53.10 hours at $ 200.00 10620.00 ! DEH D. E. HEMKE 0.60 hours at $ 195.00 117.00 EW* E. WALESCH* 42.30 hours at $ 75.00 3172.50 SJY S. J. YOUNG 8.30 hours at $ 135.00 1120.50 DMA D. M. ALLEN 0.20 hours at $ 0.00 .00 ~ . TOTALS 253.20 39,103.50 ~ I: - I ';/01/97 ;/01/97 ;/01/97 ;/01/97 I ;/01/97 ;/01/97 ';/01/97 . ';/12/97 ! . ;/12/97 . ;/30/97 ~ ';/30/97 ~ ;/05/97 II ';/05/97 - ~ ~ ;/10/97 - . ;/13/97 . ';/18/97 _~/05/97 i I COSTS INCURRED ON YOUR BEHALF AS POSTED JUNE 30, 1997 COPYING COST FAX POSTAGE TELEPHONE MESSENGER CHARGES 5\28 MESSENGER CHARGES 5\30 MESSENGER CHARGES 6\3 MESSENGER CHARGES 6\4 MESSENGER CHARGES 6\6 MESSENGER CHARGES 6\9 MESSENGER CHARGES 06/10 MESSENGER CHARGES 970613 MESSENGER CHARGES 970619 COURT REPORTER CHG. - VENDOR: BERRYHILL & ASSOCIATES, INC. COURT REPORTER CHG. VENDOR: SOUTHERN COURT REPORTERS, INC. COPYING COST - VENDOR: TAMPA BLUE PRINT CO., INC. COPYING COST VENDOR: TAMPA BLUE PRINT CO., INC. TRAVEL/LODGING/MEALS 5/20-21 TAMPA TO WINTER SPRINGS - VENDOR: PETER J. WINDERS SECRETARIAL OVERTIME EXPRESS MAIL WESTLAW RESEARCH 1326.75 137.00 31.20 38.88 20.00 20.00 30.00 15.00 15.00 15.00 36.00 8.00 8.00 45.00 910.00 40.45 9.63 RECE/VEC 220.62 AlF; 49.50 14.28 162.54 City t,:,. . t ", ~ ~ JJfA ~MS C/\P.I l(lN. 1:111.11\. \V^IZll ['./'v\M^NIIII \MIIII &. elJIII P I'.A CARLTON FIELDS I FED. 10 59.1233896 ATTORNEYS AT LAW , CITY OF WINTER SPRINGS, FLORIDA LAND USE, ZONING LITIGATION INVOICE NUMBER 113041 JULY 21, 1997 REF. NO. 39908-86591 PAGE 9 )6/26/97 WESTLAW RESEARCH )6/26/97 WESTLAW RESEARCH 22.65 66.37 r TOTAL COSTS AS POSTED THROUGH JUNE 30, 1997 3,241.87 INVOICE 113041 TOTAL $ 42,345.37 BALANCE DUE FROM PREVIOUS STATEMENT LESS: PAYMENTS 38,936.19 .00 ------------ TOTAL AMOUNT DUE $ 81,281.56 ------------ ------------ ;; I~ !!i. - , I --r- -r r R- \' r - i 'I. .-n i- \ ,~ , ; C. U l I.. ,_ -..,J' i-- ( .,. AUGl :lil~~{ 1"1'.1',\\' \ \ \Ii ".11 City of Wintr~ Springs Finane,' U2pL ~ \ i /1 1ft SMIIII & ClIlll.ll I'.A. ..~ ~ . r# ~t~ ~ (f)S I''. ". \',;' I ;:..- ~ -r CI\IU IUN I: I liDS. VV AIU) E MMANIJ II " r I I .CARLTON FIELDS , ATTORNEYS AT LAW I ONE HARBOUR PLACE 777 S. HARBOUR ISLAND BOULEVARD TAMPA. FLORIDA 33602-5799 MAILING ADDRESS: P.O. BOX 3239. TAMPA. Fl33601-3239 TEL (8\3) 223-7000 FAX (8\3) 229-~\33 ii . .... F July 23, 1997 ~ AUG I 1 1997. I ~ City of Winter Springs c/o Ron Mclemore, City Manager 1126 East State Road 434 Winter Springs, Florida 32708 - . , Re: land Use/Zoning Litigation CITY OF WINTER S . PRINGS Crty Manager 39908-86591 Dear Mr. Mclemore: I' r" Enclosed please find our firm's statements for legal services rendered in connection with the above-referenced matter. We have revised and reprinted the statement we sent to you last month, for professional services posted through May 31, 1997, to back out all charges associated with defending the conflict challenge raised by the City's opponent. The revised invoice number 109474 reflects the time associated with that defense, but does not charge for those hours. - ~ .~ ~. r- Also enclosed is invoice number 113041 which is for all professional services rendered for the month of June, 1997. In similar fashion to the revised May invoice, this June invoice reflects the time entries associated with defending the conflict challenge, but does not charge for these hours. 1"' Accordingly, these statements reflect a reduction to fees in excess of $17,000 to back out the time associated with defending the conflict challenge. As reflected on the June invoice, the total amount now due, after making the conflict challenge adjustments, is $81,281.56. , We trust you will find these statements in order, approve them, and place them in line for payment. -r Should you have any questions, please do not hesitate to call. r ThS1l~~'I.) Ci\IU IUN I II I I) '- Sincerely yours, . /./~/ .,'. ///"/~/' ___~~~_~ 13 J997 ,'../; . . /' ---- -. Geo'rge' J: :M~~------- . \ . '/ CIty of Wl11t"r c: . , .'. .~pllllgS F'nunce Dept. ~ tliY" VV\I~I) 1,'-\1\1/\.'-.1 II SMIIII & C:llllll~ I'.A. V~41' , '" . " ~[){~ e(/~s RECE!VEO' r r- r- ' GJM:pmk Enclosures \'-li', " ',I III \. II r :~ti' ' .;.. r. ..... "'s.. ". .. I' 'I "'"'" - - _- I _ _..__ c'--'.':'- '" f . - . - [lON", . ACCOUNT PURCH.ORDER I INVOICE NUMBER I AMOUNT I DESCRIPTION 5311 ';1 THRU -1- /:.:;() /';'7 t "1 '7-"?~'. 7(.1 REF: 3990~:-865'? 1 . -- 1 CARLTON FIELDS CITy,'OFWINTER SPRINGS 'GENERAL ACCOUNT 1126.E. SR 434 WINTER SPRINGS, FL 32708 FIRST UNION NATIONAL BANK ~:OF;~~~17_92 I 022349\ LONGWOOD, FLORIDA 32750, ' 63-751 CHECK 22349 631 DATE OS/28/97 AMOUNT ***** "'f, 9-;(6 . 70** PAY THE SUM OF *****7,996.70DOLLARS CARLTON FIELDS POBOX :32:39 TAMPA, FL TWO SIGNATURES REQUIRED 3:36t) 1 - :32:3';' II- 0 2 2 3 ~ g 112 I ~ CJ S :) t 0 i" 5 ~ 3. I: 2 ~ ~ 2 t D 0 0 0 b ~ j 0 III /- l- t.=- x. h l'b;f- 'Ib u P. A ~~I :e ~~ ", ~ ACCOUNT PURCH.ORDER INVOICE NUMBER AMOUNT , DESCRIPTION '~~~':<!~~ 'IZATION f I) '.53 i 19 109474 ".:;€: , ';l:;;t.. . 10;' REF: # :3'?90:=: - 865-:') 1 C', t=:.-, < 1'-' 11.X'4i. 42,345. :-:':7 REF: # ::;:990::::-86591 ,_I.':, L ~ - ~.:i . f..., (' 023587n~~\.:.\~ I .~ I' ';' 1 I CARLTON FIELDS, ATTORNEiS ....\ ":- ('~ . :_;'-~,... CITY OF WINTER SPRINGS GENERAL ACCOUNT 1126 E. SR 434 WINTER SPRINGS, FL 32708 FIRST UNION NATIONAL BANK OF FLORIDA 120 S. HWY. 17-92 LONGWOOD, FLORIDA 32750 63-751 CHECK 631 DATE \023587\ 2:35:37 08/20/97 AMOUNT **-lH!-:;:: 1 , :2:;:: 1 .5.:; ** I PAY fHE SUM OF ****81,281.56DOLLARS ~ -; CARLTON FIELDS, ATTORNEYS ~T L~W F' . C:. 80)<::::239 TAl'1PA ~ FL._ TWO SIGNATURES REQUIRED :3:3.'~.(i 1 - :::2:3r? .. ii I ::': CJ 2 j S B ') jit! j ~ C S :3 ~ Q .' S ;. ~:' 2 1 a, :~ 2 U 0 CJ:.:J G L. ;) 0 lit I ~ I . . . ""F" - ....,.... F;WINTER.SPRINGS:.,. .~... ~'. ..-i 'tf,..,.~S'::r.-~../'i ,. ",". ( 025540 .. . I I 1ANIZATION ACCOUNT . PURCH.ORDER INVOICE NUMBER ~MOUNT DESCRIPTION , ,210 . 53111 :39908-86591 17,2,':'2. 75 PFOFESSIONAL SERVICES -- )2191 CARLTON FIELDS, ATTORNEYS AT LAW CITY OFWIt'liTER SPRINGS< GENERAL ACCOUNT 1126E. SR 434 . WINTERSPRINGS, FL 32708 FIRST UNION NATIONAL BANK OF FLORIDA I I 120 S. HWY. 17-92 LONGWOOD, FLORIDA 32750 025 54 0 63-751 CHECK ~ DATE 25540 12/17i97 AMOUNT -!H,.H.. 1 7, ;!:>~.2. 75** PAY THE SUM OF ****17,26Z.75DOLLARS THE ':DER CARLTON FIELDS, ATTORNEYS AT LAW P . O. 80 X 32:39 TAMPA, FL TWO SIGNATURES REQUIRED 3:360 i - 32~:9 ~ ,: :~\ ~i n f\ '1? (?:;, ,r::.\ =-= ;.\', 1-' ': i I . ::\\\\(1 l\\i'0d,Ii\li iL,: ~i( ',:; ;1,\ I~) iI I~ U 'J'0' U \J u \~ Ii-, \~ \~";' :il.\L~:::/ SL, I II' 0 2 5 5 lc 0 II- !: 0 b ~ ~ 0 ? :) ~ j': ~ ~ ~ 2 20000 b \, ~ 0 :1' ; . ~ ~ !!!! - - - - t ~ ee( ~ . -.",..-... INSERT MIKES' ASSIGNMENT OF OPTIONS TO CITY OF WINTER SPRINGS OF ARROWHEAD # 5 AND ASSIGNMENT OF ERC'S Ie [ E Exhibit B L:\LAD\MCINTOSH\MISC\SETTLE.A02 27 r:~l ~r /. . .'/ ( '"' ;"../ -..l..( :j,/ -ifr ~ ;; . I . I .. ASSIGNMENT OF RIGHTS FLORIDA COUNTRY CLUBS, INC., a Florida corporation, TUSCA WIllA LAND COMPANY, a Florida corporation, and JAMES R. MIKES, an individual (collectively" Assignors"), hereby release, assign, convey, transfer and quit-claim to the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), any and all right, title and interest which any of Assignors may have to any Development Rights, as such term is hereinafter defined. Assignors represent and warrant that they have not previously assigned any of the Development Rights_ c On June 20, 1997, the Assignors entered into a certain Settlement Agreement (the "Settlement Agreement") with GA TX Golf Capital, a division of GA TX Capital Corporation, a Delaware corporation ("GA TX"), concerning claims described in the Settlement Agreement. The Settlement Agreement provided Tuscawilla Land Company with certain rights to re-acquire from GATX or its designee, and thereafter develop into single family lots certain land (the 1.I0ption Land") lying adjacent to the 2nd, 3'd and 4th holes of the Tuscawilla Country Club, subject to Tuscawilla Land Company acquiring the adjacent approximate twenty-six (26) acres now known as "Wicklowe Green" and under development. The rights to acquire and develop the Option Land pursuant to the Settlement Agreement are herein referred to as the "Development Rights". It is the specific intention of this Assignment that Assignors are hereby releasing and relinquishing to the City any right or privilege of any nature to develop the Option Land as set forth in the Settlement Agreement. This Assignment is subject to all terms and conditions set forth in the Settlement Agreement with respect to the Development Rights or the Option Land. ;/\ This Assignment is executed, delivered I..JeC~A,IJ 1/,(,.. I f 1998, by each of the undersigned. made effective as of and r~~ 0>rft f)~ .... RELEASE AND RE-ASSIGNMENT OF RIGHTS TO PRE-PAID SEWER AND WATER IMPACT FEES FLORIDA COUNTRY CLUBS, INC., a Florida corporation, TUSCA WILLA LAND COMPANY, a Florida corporation, and JAMES R. MIKES, an individual (collectively "Assignors"), hereby release, re-assign, convey, transfer and quit-claim to the CITY OF WINTER SPRINGS, a Florida municipal corporation (" Assignee"), any right, title and interest which any of Assignors may have to any and all pre-paid water and sanitary sewer connection fees (commonly referred to as "ERes") which were acquired from Hooker Homes, Ine. It is intended that this assignment and release shall divest the Assignors and vest in Assignee all of the remaining fifty-seven (57) previously unassigned ERCs that were not used in connection with Arrowhead at Tuscawilla - Units 1 and 2. Assignors hereby represent and warrant that they have not previously assigned any ERC to any party, except to prior lot purchasers of lots in Arrowhead at Tuscawilla - Units 1 and 2. This Release and Re-Assignment is executed, delivered and made effective as of December I, 1998, by each of the undersigned. . I FLORIDA COUNTRY Cl a Florida corp tio / MES R. MIKES, individually . I J~ie ~fil .. . ~ GENERAL RELEASE This General Release is executed this /77 day of lJece-/#,66C- , 1998, by and among the Plaintiff's, Florida Country Clubs, Inc., Tuscawilla Land Company, and James R. Mikes, individually (hereafter collectively MIKES), and Defendants', Bricklemyer, Smolker & Bolves, handling of certain land use di use issues, permitting P.A., Keith W. Bricklemyer, individually (hereafter BRICKLEMYER), Frank Kruppenbacher, individually, Frank Kruppenbacher, P.A the Tuscawilla Homeo ppenbacher & Associates, P.A. (hereafter collectively KRUPPENBAC bert, Whigham & Simmons, P.A. the Settlement Agreement of which this Release is a WINTER SPRINGS), and order to resolve all claims, including, but not limited to those between MIKES, BRI STENSTROM, LEAGUE, WINTER SPRINGS, and T each of those terms and entities is defined in the Settlement Agreement dated Decembe , that were made, could have been made, or may have been made in the litigation c pending in the United States District Court for the Middle District of Florida, Tampa n, specifically Case Number 97-2862-CIV- vs. Bricklem er Smolker & Bolves. P.A.. et ding, but not limited to matters arising out of the requirements, obligatio onstitutional violations or Exhibit C 1 1ft^41 q G<< lS\I\ , VL/tt . f RECIT ALS 1. WHEREAS, litigation was commenced by MIKES in December 1997 (or earlier); and 2. WHEREAS, MIKES, BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and THO A anticipate substantial and expensive research, pleading, and discovery during the cours 3. WHEREAS, STENSTROM, g and do not admit any wrong doing by resolving thi rious defenses to MIKES' claims and specifical ion contained in MIKES' complaint, however, desire to amicably resolve the litigati d extraordinary and ongoing litigation costs and expenses; and 4. WHEREAS, the LEAGUE agrees e sum of Two Million Dollars ($2,000,000.00) to compromise MIKES' while BRICKLEMYER, I KRUPPENBACHER, STENSTROM, and Tach agree to pay Ten Dollars ($10.00), and -- ; give other good and valuable consider including a General Release of MIKES, in consideration for which MIKES has to provide this full and complete General Release and to forever discharge BRIC STROM, LEAGUE, WINTER SPRINGS, a r- the execution of th !!! r asserted, could have been asserted, or may have been asserted by MIKES in the litigation ~ ""i"'" currently pending in the United States District Court for the Middle District of Florida, bearing ,tft 2 ~" IJ5 ~ ~/P} . .,... . .. Case No. 97-2862-CIV-T-24B, or any other lawsuit, appeal or claim arising out of any action or inaction on the part of BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, or THOA. NOW, THEREFOR, 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 causes of action, demands, p eb acknowledged by MIKES, MIKES agrees and valuable consideration, receipt of whi as follows: MIKES, ctive heirs, executors, legal representatives, receive resent), law firms (past and present), successors, p ts, guardians, and assigns, does hereby forever release, discharge, and acquit BRI STENSTROM, LEAGUE, WINTER SPRINGS, and their heirs, executors, administrators, attorneys, prior attorneys, receivers, i predecessors, successors, privies, assigns, agents, employee stockholders, shareholders, officers, directors, elected officia ointed officials, representatives, associates, mandatory or voluntary homeowners as ons within the Tuscawilla PUD, homeowners' association members, employees, a and lawyers, of and from any and all claims, actions, damages, costs, loss of h MIKES has, ever had, now has, or whic R, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, or THOA on account of or in any way . I growing out of any and all known and unknown'3 foreseen and unforeseen, losses or ~ges, ~ 4;J , lJ> 4~ (fl! as for all matters arising 0 r Hillsborough Counties. This any consequences thereof resulting from any transactions, dealings, contracts, relationships, conversations, communications, professional services, land development disputes, land development issues, billing disputes 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 beginning of the world to the date of this General Release. This General Release includes, Jmt BRICKLEMYER, KRUPPENBACHER, or arising out of the litigation bearing Case No. is not limited to, a release of all claims re 97-2862-CIV-T-24B in the U Middle District of Florida, as well General Release specifi uel, Ward, Culter & Smith, P.A., to the extent oft ement Agreement of which this General Release is a part. WINTER SPRINGS, and THOA are released for any and al of vicarious liability, derivative liability, or direct liability for those individuals, 0 (elected or appointed), and entities as defined in This Agreement. 4 ~~~ -~il~/q :J5 e *e STATE OF fJDltJVJ COUNTY OF .J it bol'ol(~1.- The ~going r~ was acknowledged before me this /ot day of ~fx:/, 1998, by~C{me..5 ifes , who is personally know to me or who has produced as identific' d who did take an oath. . OUNTJ{X CLUBS, INC. K. /71t"lp 5 ~~5/ AeP;t (Title) , I I I J I The f~going instrument was ackno 1998, by ~I?7C-5 () ~;(CJ' s identi before me this kr day of pc.e.m};e/, personally know to me or who has produced , and who did take an oath. -.,- , , . . 5 ~ ~~4 jf~r C ' ;CJ e~ - - -r . ~ -r _ ._.__.._____,__,__.~',,~.._.._'_.."',.___ _ <,._._.-.,"'.".",......'fI_".'/'...'~.'*""'" I I I I STATE OF f1r;it COUNTY OF t 'rYouJL The f9.regoing 1"trumenj,as acknowledged before me this ~ day of ~ce/?7jxy , 1998, by-- JCtIlJ~S !lJI: e.5 , who is personally know to me or who has produced as identification, and who did take an oath. SC1\WILLA LAND COMPANY: Y d/f-nt ~-~ ~, /7;7;)::65 I ~Y/LJ~/ / (Title) I I ... P'" Y M. Bethea # CC599134 EXf)iRES 9,2oo1 INS0H~NCE. I"';:: ,. ~ L: \LADlMCINTOSH\MISC\SETTL . . . ~ . .. P" ... ... 6 11'/ vf:/4 ~. y ~fJ~ t9>~ e r r r o I I iii I I i . !!! i I I I I I I I I .... [ - t r ! I iii T GENERAL RELEASE This General Release is executed this day of , 1998, by and among the Plaintiff's, Florida Country Clubs, Inc., Tuscawilla Land Company, and James R. Mikes, individually (hereafter collectively MIKES), and Defendants', Bricklemyer, Smolker & Bolves, P.A., Keith W. Bricklemyer, individually (hereafter BRICKLEMYER), Frank Kruppenbacher, individually, Frank Kruppenbacher, P. ppenbacher & Associates, P.A. (hereafter collectively KRUPPENBAC (hereafter STENSTROM the Settlement Agreement of which this Release is a R SPRINGS), and the , Association, Inc., (hereafter order to resolve all claims, including, but not limited to those between MIKES, BRI ER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and T each of those terms and entities is defined in the Settlement Agreement dated Decemb 8, from any source whatsoever, including, but not limited to matters arising out andling of certain land development disputes, land use disputes, permitting require nd alleged constitutional violations, or from the initiation of litigation in the Unites S Case Number, 97-2862-CIV-T-24B, f he world to the date of this General Release. 1. WH ecember 1997 (or earlier); and Exhibit D f:t^ ~ti2> 1 I . I Iii . 2. WHEREAS, MIKES, BRICKLEMYER, KRUPPENBACHER, STENSTROM, :: LEAGUE, WINTER SPRINGS, and THOA anticipate substantial and expensive research, pleading, and discovery during the course of litigation, if it proceeds; and ~ 3. WHEREAS, MIKES denies any wrong doing and does not admit any wrong doing by the filing of suit or settlement of the action, and specifically and generally denies any allegation of malicious prosecution, abuse of proce iolation of Federal Rule of Civil Procedure 11; L [ [ [ traordinary and ongoing litigation costs and expenses; and 4. STENSTROM, LEAGUE, MIKES' full and complete General Release and discharge of BRICKLEMYER, K ACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and THOA from any world until the execution of this General Release Ideration for BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, ER SPRINGS, and THOA'S General Release of Mikes. NOW, THEREFOR, in consideraf e specific rights and obligations set forth above, and in the Settlement Agreement, w herein, and other good and valuable consideration, Y BRICKLEMYER, KRUPPENBACHER, GS, and THOA agree as follows: BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER \- . ~--f .~ fbt9S0) 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 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, or arising out of the initiation resentatives, associates, mandatory or voluntary directors, elected officials, appointed offic' homeowners associations meowners association members, employees, agents, and s, actions, causes of action, demands, payments, sts, loss of service, liens, expenses, and compensation BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WIN GS, and THOA has, ever had, now has, or which may hereafter accrue against on account of or in any way growing out of any and all known and unknown, forese nforeseen, losses or damages, and any consequences thereof resulting from any tra dealings, contracts, relationships, conversations, communications, professional se rights, and actions whatsoever from th Release. This General Release incl , a release of all claims relating to V-T-24B in the United matters arising out of any ii property in Orange MIKES is released for all claims of vicarious liability, derivative liability, or direct - ! liability by those individuals and entities set forth above. 3 ~ ~ IfrL ~@,-(!? - ! - ! Ji, .'/L } -- i' :,/ t; KEITH W. BRICKLEMYER, individually and on behalf of BRICKLEMYER, SMOLKER & BOLVES, P.A. THIS IS A LEGALLY BINDING CONTRACT -READ CAREFULLY BEFORE SIGNING I this _ day of w to me or who has produced n oath. STATE OF COUNTY OF Notary Public My Commission Expires: NBACHER, individually alf of KRUPPENBACHER & /, A TES, P .A., and FRANK I P'PENBACHER, P .A. STATE OF ,c:-=j(C\.\:)"\c~)---/ COUNTY OF C);\CLi-~C~ \) The foregoing instrument was a 1998, by,';;l~(i'Al..' r edged before me this~\ day o(J)('( Cn\X.\ , ho is personally know to me or who has produced cation, and who did take an oa '.--'--,--- CU" C 'J, , ,c \.. : /, ~Kl"'" " ~( ,,'<;'::" J Notary Public My Commission E ~"C=~"="O""C'"'''~='~r-'',;''''~'-{:-'';;'~':;"~ ::~';'~' ,>c. ..'":: : CAR..."" ..J, ,~ld"A', .1 . A Notary Public, Stata o! FlOrid',!! ':,",', ' - My Comm. explros June Q.5, 1999 ~ II No CC46Q-S7H :1 . __ Bonded Thru <l~ricL,1 ,tIotam ,~"!.,, r : ~=c~'~_.m_,}.:i~;?1!~3~~~~~!,.=_-".~~ 4 tv ~: ~?Yj, LtJ~f~ STENSTROM, MCINTOSH, COLBERT, WIGHAM & SI~S,.P.A. / By and through ! ~ ( itle) STATE OF r-\cndo_ COUNTY OF S.:. r~ .--..c::>G- I ".-;;,n"", jULlET LYNN LARNER ,~.....,.l'p;" {.{A'~:~ MY COMMISSION /I CC 464864 :: ~ ,., :..= I. ~. .~. .~: EXPIRES. June 20,1999 ",;r,.9f: :\~~;", Bonded Thru Not1Jy Public Undelwriters fore me this ,dft day of dL (!. . ersonally know to me or who has produced nd who did take an oath, The foregoing instrument was ac 1998, by ,\~ .Le _ CuI ' I Ii I . I l . .--.__._ t l. - . ;,', ?--..-" (~..- N(otary Public I My'Commission Expi iii I I STATE OF IJ..ovd{).V COUNTY OF rf)'({J./;lf I ~ The fOPJgoing inst?)IIlent was acknowle 1998, by if/CtLI.) 1!radt.;~a , w '1} (). J[lj i< ~ ~. as identific I , . .. U.CUKO- Notary Public My Commission Expires: . ....~~-:;..~:'r~&;;~ . I> t:r @.,~~ MY COMMISSION II CC 550!j~7 1; ~~.~:;: EXPIRES: D6cemoor 2. 2000 I~ ",r,Rf.:f.-~;'''' Bonded Thru Nolary Public UnlleM'litGr:I i \ J~ i l1li " 5 W i f(. ~ ~ .~ ~(t ID5- . ~ _. ~..'~'''~''''~ I . .. I I I , STATE OF ((o(',\d~ COUNTY OF ()rv Vl 1<: . iiii .. - -- -- "'r-~Y P~$' KAREN L. BAKER Ji Jt~ COMMISSION # CC 449708 ','3.. fJ EXPIRES APR 28,1999 ."1:- ~ BONDED THRU OF pS5 ATLANTIC BONDING CO., INC. ....... II -- , . STATE OF '1~JIL COUNTY OF rMtf The fo~egoi~g instrument was ac 1998, by I.J)OJl) side . -,. IX VI 1.uJ Notary Public My Commission Ex . - - - - -~ = - - l"'" L: \LAD\MCINTOSH\MISC\SETTLE- 3 .A02 !'"" - P"' ~.z. LLAHOMEOWNERS' ASSOCIATION, /~.s/o~dr (Title) me this 1 ~ day of Dec(?rn0fr; ow to me or who has produced an oath. ed before me this ~ day of Jl6 . is personally know to me or who has produced ion, and who did take an oath. ",~..~\:'r;:i;,:- SHARON A. FIELD --il~ {:r *' ...t:~ MY COMMISSION ~ CC 580597 ~ ;'}"~"Q'.; EXPIRES: Decemuer 2. 2000 I' 'l,'ifoF".,-~;~: Bonded Thru Notary PublIc Underwriter; ~ '"",," --;;!) 6 ~A ~~~ @/ EJ / .- . . ( ,/,."..," . I Ii - I I UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMP A DIVISION - . FLORIDA COUNTRY CLUBS, INC., a Florida corporation; TUSCA WILLA LAND COMPANY, a Florida co and JAMES R. MIKES, an indiv' Plaintiffs - BRICKLEMYER, SMOKER & BOL VES, P .A., a Florida corporation; KEITH W. BRICKLEMYER, an individual; FRANK KRUPPENBACHER, an individual; FRANK KRUPPENBACHER, P.A., a Florida professional association; KRUPPENBA & ASSOCIATES, P.A., a Florida professional association; STENSTROM, McINTOSH, CO WHIGHAM & SIMMONS, P .A., a Florida association, and THE CITY OF WINTE Florida municipal corporation, Defendants. Case No: 97-2862-CIV-T-24B -vs- I I - - IT IS ADJUDGED that Plaintiffs, Florida Country Clubs, Inc., Tuscawilla Land - - Company, and James R. Mikes, shall take nothing by this action and that Final Judgment is - hereby entered in favor of Defendants, Bricklemyer, Smolker and Bolves, P .A., Keith W. Bricklemyer, Frank Kruppenbacher, Frank Kruppenbacher, P. A., Kruppenbacher & Associates, P.A., and Stenstrom, McIntosh, Colbert, Wiggem & Simmons, P.A., and that those defendants shall go hence without day. ORDERED, at Tampa, Florida, on this _ day of December, 1998. - -- Susan C. Bucklew United States District Judge Exhibit E L:\LAD\MCINTOSH\PLEADING\FINALJ .MAN .-dJ.., .~, / '"'I \v ~, - C' /IiY .-J.-:.? ~ II . . I I - GENERAL RELEASE This General Release is executed this _ day of , 1998, by and among Bricklemyer, Smolker & Bolves, P.A., Keith W. Bricklemyer, individually (hereafter BRICKLEMYER), Frank Kruppenbacher, individually, Frank Kruppenbacher, P.A., and Iii . ., Kruppenbacher & Associates, P.A. (hereafter collectively KRUPPENBACHER), Stenstrom, disputes, land development issues, ereafter STENSTROM,) the LEAGUE (as that . , McIntosh, Colbert, Whigham & Simmons term is defined in the Settle - - ., Springs (hereafter WIN eowners' Association, Inc., . - ;wi (hereafter THOA), in 'ncluding, but not limited to those between BRIC M, LEAGUE, WINTER - --- SPRINGS, and THOA, as each of those terms and entities in the Settlement Agreement - III dated December 1, 1998, that could be made, or may h ade in the litigation currently . - ~ pending in the United States District Court for the Mi trict of Florida, Tampa Division, specifically Case Number 97-2862-CIV-T-24B, st Clubs Inc. et al. vs. - - ... Bricklemyer. Smolker & Bolves. P.A.. et aI., any source whatsoever, including, but not ;; limited to matters arising out of the ha of certain land use disputes, land development .. ing requirements, professional services, and- alleged - =r= this General Release. - - - .... - ~ 1. WH s defined in the Settlement Agreement of which this General Release is a part) in December 1997 (or earlier); and - - ~ Exhibit F ..- - ~ 1 a r ~ f),tfl't 1 ~~ 1/ -t~, /) C (2 L'\ t~~ - ~ I I I I I I 2. WHEREAS, BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and THOA anticipate substantial and expensive research, pleading, and discovery during the course of litigation, if it proceeds; and 3. WHEREAS, BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and THOA, anticipate potential litigation amoungst themselves including, but not limited to, potential cross claims WINTER SPRINGS, and THOA each agree t . ution claims, indemnity claims, third party claims, and subrogation cla. . .,. 4. WHEREAS, , STENSTROM, LEAGUE, , , I I I ~ WINTER SPRINGS, t admit any wrong doing by resolving this action, a es to each others claims and specifically and generally deny each and every allegation in MIKES' complaint, and any potential litigation between them; however, desire to resolve the litigation to avoid extraordinary and ongoing litigation costs and expens 5. WHEREAS, BRICKLEMYER, KR CHER, STENSTROM, LEAGUE, and completely release each other from any until the execution of this release including, but . ... , were asserted, could have been asserted, or may have been asserted arising from United States District - -- I -- lawsuit, appeal or part of BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, or THOA. - NOW, THEREFOR, in consideration of the specific rights and obligations set forth above, . - ,. 2 - - ~ f' .~c9b1 t8>e j\~ I I I I I - - - - ~ - 1= 1= [ [ [ L [ [ J-= , . and in the Settlement Agreement, which are specifically incorporated herein, and other good and valuable consideration, receipt of which is hereby acknowledged by BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and THOA agrees as follows: BRICKLEMYER, KRUPPENBACHER, STENSTROM, LEAGUE, WINTER SPRINGS, and THOA on their own beh on behalf of their respective heirs, executors, legal representatives, receive eys (past and present), law firms ouses, parents, guardians, and release, discharge, er and each others heirs, executors, administra s, attorneys, prior attorneys, rec rers, self insurance funds, predecessors, successors, privies, assigns, agents, e professional associations, appointed officials, stockholders, shareholders, officers, directors, representatives, associates, mandatory or voluntary ho associations within the Tuscawilla PUD, homeowners' association members, employe ts, and lawyers, of and from any and all claims, actions, causes of action, dema yments, attorney's fees, benefits, rights, damages, costs, loss of service, liens, ex , liabilities, and compensation whatsoever which they have ever had, or which ma fter accrue against or between BRICKLEMYER, KRUPPENBACHER, STEN , and THOA on account of or in any way growi en and unforeseen, losses or damages, and a ctions, dealings, contracts, relationships, conversations, communications, professional services, or any other matter from any and all claims, rights, and actions whatsoever from the beginning of the world to the date of this 3 r /1f ~ # jJ> i .~ I I General Release. This General Release includes, but is not limited to, a release of all claims I relating to or arising out of or which could arise out of the litigation bearing Case No. 97-2862- crv - T -24B in the United States District Court for the Middle District of Florida. This General . - . Release specifically does not release Carlton, Fields, Emmanuel, Ward, Culter & Smith, P.A., . . to the extent of the assignment set forth in the Confidential Settlement Agreement of which this - . . General Release is a part. .. BRICKLEMYER, WINTER . - ~ SPRINGS, and THOA e ct liability, vicarious liability, ;: or derivative liability. -- i . - ""';lIIIl -' - =- STATE OF fl~iclu COUNTY OF ills ~6u~L before me this / <51 day of pcem bt- r , personally know to me or who has produced , and who did take an oath. . II - - .,- US\! M. Bethea S,i' q g CC599134 EXPIRES ~,t"ulry 9. 2001 THRU TR')Y FAIN INSURANCE, INC. ~ - ~ ~ ~ ..... - -..- . - 4 ,t?~ r (ff J-tA f-r' :/ I~ .;~\\~ ---- r- . I , II . ... II . ~ - -. - ~ - !!!!!!!!! - - .... - -- - .......... - L: L .. - .. ~.. ~.;/,~ lj,::c~!,\:'Y, \ / BRICKLE ER, SMOKER A BOL YES, P .A. By and through 1.;yC':s. . n ~~ STATE OF/A?I"1dJ COUNTY OF .J ' '1/5 /::cr~L Th re oing ~1jt was acknowledged before me this J;f day of Meel11frp" , 1998, b~ ~. W. RickIe!)> -t!.r , who is personally know to me or who has produced as dentific' d who did take an oath. Lucy M. Bethea SSIC~! p CC599134 EXPIRES [(H(; J, 2001 Y FAIN INSURANCE, INC. individually STATE O~9.~C.'t1C}5~f--' COUNTY OF ()~Ciil-- c~ The foregoing instrument was acknowledged be 1998, by--..(J.Q'CLVlJ'-'..kJ\-'.'Pfx M;k;cicp.D/)V.ho is per (::r:> LI=I: \/-,,'_:..-,'J:':'. ..::>..\:J>. CD - as IdentIficatlOn, an :::~l-\-IJ.)- 0 hi~\ day ot 1').{' (-: , j t~'~ ~ know to me or who has QI9duced ~-.. - -----_.~-----_.- Id take an oath. (-~~:-U:-7 Q---1:). ~~.:-- Notary Publlc My Commission Expires: ~"'it'=-X=~"~"C~ARL::;"- ~~. . Notary . My Com , ~~'t. 5 Ur1ll. f)tilj 7 Eef M\ ~ e--cl' <.;~~:~:'lk,*~:+;i\\T;;F:,',:-~rJ;5':, ." ~,' "" "",,,"'.,' ""~?',.., """~'=.""" '.?~~'''' .'. '~."'''''1 I . STATE OF '",,=~)2./C)C_\ncy-- COUNTY OF (~l) c~ nc<-=) _ o The foregoing instrument was acknowledged before me thiSc~--d:-day of ---L~,(' U2VIlY-~ 1998, by~R'o_f__k ,+(,...J.A.l.A~.:2;::.;((loVro is personally know to me or who has produced l~bL~.:...I_ .n.C7-~\ ,-0 ~ :!:d,-' as identific' d who did take an oath. - :J'--l u> - U I I " I ~ ..... The foregoing instrument was acknowledged b 1998, by,,::)/!,);,)? L.(\~t;~Y;~::--,rO,-O)~ho is p r-\>t.:o-.i:v._., .', p) _-:;'\ .-n.. 5:::; - r as identification, a c'Y--\k.c-D rr ~^_.- - --. --C~A'RL;~-f. lt~f'~~-' ~ A Notary Pubiic, ' ~ori~r~_" M.. My Comm. expires June!)t. -.1,1.,;.; ~ No. CC4606'lfl ~ Bonded Thru alffiriRj ~o!Jrr;; ,!b,,,,i,,- ~ .!:l~L!.~l~E~~--,.. --~-,..,.,.~--~-..~ - !!!! . ii . I I STATE OF ..---=-~t C:xIL\clC:),--_ COUNTY OF (-'::'1i:l~'~~C-/ ,_/ - e thi~~;5,\F~ day of l::k~ (C;Yll \.L.':''-'\ y know to me or who has produced did take an oath.- ----.. - I -= / , '. f/ ':;-1".. '----- _ -<.?-~~(J\..c..,-x_ ',) Notary PubliC- My Commission Expires: I -- II ~ I q '''~'A''-='.~''''''''''''-~ ~ )(~}i MN I~~ y ~ic:r~.~ -- - -- .. 6 irft4( 1WW~~.. [p ;. \.- ;;;;;; -r -- . .- :... I I I I I I I I I I I I I I , - , . . .2-~ LLAHOMEOWNERS' ASSOCIATION, ~"eg::;--r p~/T (Title) STATE OF Hov/dv---- COUNTY OF Ora ftF The foregoing instrument was acknowled ed before me this 2. ~day of be'cel1t.bey-; 1998, by O('y"/5 Garn..rff: lly know to me or who has produced MC,Sf -,;( [)o -~ 3- ()S1-{) e an oath. A-. " 01 us L.' d Ii. 5-e- My ""'i.'{,p{;,, KAREN L. BAKER f2' r'"", ~~ COMMISSION # CC 449708 u~,.--ip=g...,(f EXPIRES APR 28,1999 1'>;;:~~'~~ BONDED THRU . r:r: I'\.\J .n:..t\NTIC OOND!NG CO., INC. STATE OF ~ (c::. ,('j c~ c" . COUNTY OF ",( .',~, ~~~:: l-,- The foregoing instrument was ackno 1998, by lL\ l,l;, ("Iv eel b: ;' ' as idenf ~. \LL,-~/ / L~ y' .', N 6tary Public MrCommission Expir .,<.:.\;:';~. JULIET LYNN LARNER f}/"i6.., .~. .,.{;~ MY COMMISSION /I CC 464864 ~~.?~ EXPIRES: June 20,1999 -"'~;if.:r.-~;,l Bonded Thru Notary Public UndelWl1tllrs n. ~ " . d before me this'~ - day of Lxc..c i l,~b.l..;.'" IS personally know to me or who has produced n, and who did take an oath. 7 0; y//fi {JIlf?e J' ~,~ ~ ~v ~ I !!!I . ... i . = iiii ~ STATE OF i-hYudtL COUNTY OF I!h /lAC;- C[T9:s~?/[- by 'lATa r<- (Title) P AJL- p, f AR:rY~' I I I The fo 1998, by J.. e me this I.i ~ day of Mfl-. ow to me or who has produced e an oath. I ! . . · Notary Public My Commission Expi ;; ; ::iiij "...... SHAR - " ;~w.":~" ON A. FIELD ,~ f.( /:;, ,\.~ MY COMMISSION' CC 580597 h ;:;j;~~~.; EXPIRES: DecembGr 2, 20001 'f .....9f..f.'.... Bonded Thnl Notary Public ~ters; . ~ !!!! ! STATE OF /Jwd/L COUNTY OF [J/1OAliP The foregoing instrument was adm, ed before me this~d day of i1 r2. . 1998, by .& j' is ,Personally know to me or who has produced lOn, and who did take an oath. i.1 ~.f :.~ _ COMMISSION /I CC 580597 I( ,'Ji. .;'<.; EXPIRES' December 2 2000 If !l ..~~....'o~'..... . , ~ Il ....9r..f.'.... Bonded Thru NolaIy Public UndelWriters I ~~ ---I ~ .JI'....:u-...:~.J . . I I I I Notary Public My Commission Exp' L:\LAD\MCINTOSH\MISC\SETTLE-4.A02 l! 8 /; q r~ ~ ~!~ I I