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HomeMy WebLinkAbout1998 03 26 - GDU vs. City of SebastianJEFFREY K. BARTON Clerk of Circuit Court P. O. Box 1028 Vero Beach, Florida 32961-1028 March 26, 1998 RPR 011999 Telephone(561)770-5185 Cr.. Richard E. Torpy, Esquire 930 South Harbor City Boulevard Suite 505 Melbourne, Florida 32901 Re: Citrus Utilities, Inc. vs General Development Utilities Case No. 94-202 CA03 Dear Mr. Torpy: The purpose of this letter is to notify you that the Clerk of the Circuit Court is in the process of disposing of the exhibits admitted into evidence pertaining to the above-mentioned case. Exhibits not picked up within 30 days will be disposed of by the Clerk's office according to Rule 2.075(F)(2); Rules of Judicial Administration, Florida Rules of Court. If you wish to obtain your exhibits, please contact Peggy Ward at 770-5185, Ext. 183, to make arrangements. We will require a few days' notice prior to you picking up the material(s). Thank you for your cooperation in this matter. Sincerely, J. K. BARTON, CLERK OF THE CIRCUIT COURT By Deputy Clerk Harriett Fersch /pw . ,,led to Client NOV 18 '97 10:07AN CITY OF SEBASTIAN PAUL H. AMUNDSEN RICHARD W. MOORS RICHARD E. TORPY RODOM Nt1&EZ L PALMER MASON OF COUNSEL• BYRON B. MATHEW3,]R. Mr. Thomas Frame City Manager Ciry of3ebastian 1225 Main Street Sebastian, FL 32958 AIMUNDSzwv MOORE & TORPY ATrOR?4W AT L.1W no SOUTH HARBOR CITY BOULEVARD SUITE 203 MELBOURNE. FLORIDA 32901 (407)7246462 FACSt iLL(107) 727.2006 PLEASE REPLY TO: MELBOURNE OFFICE hey N October 27, 1997` `% AeL3IV?1j Guice Re: Citrus; Utilities, Inc. vs. General Development Utilities, Inc, vs. City of Sebastian; Case No. 94.0202 -CA -03 Our File No. 94.3130 Dear Mr. Frame: P.2 TALLAHASSEE OFFICE 902 FAST PARK AVENUE TALLAHASSEE. FL 32301 (904)123.7414 FACSIMILE (004) 425.7117 Enclosed is a resolution which authorizes the mayor to inter into a settlement agreement which will settle All claim between the City of Sebastian, Citrus Utilities, General Development Utilities and Indian River County, please place this on the earliest possible agenda so we can finalize this case. Ifyou wish fbr me to be present at the council meeting when this issue is discussed, please contact my legal assistant, Leah, so she can place the meeting on my calendar. If not, please return the executed resolution to me as soon as possibly Should you have any questions or require further information, please contact me. Sincerely, AbRTNDSEN, MOORE & TORPY Richard E. Tor4Y RETA Enclosure NOV 18 '97 10:07AM CITY OF SUASTIRN P.9 THIS SETTLEMENT AGREEMENT ("Agreement") is made as of the_day of November, 1997, by and between: CITRUS UTIL=S, INC. ("CITRUS"), ENERAL DEVELOPMENT UTILITIES. INC. ("GDU"), CITY OF SEBASTIAN ("CITY'), and INDIAN RIVER COUNTY ("COUNTY"). CITRUS, GDU, CITY and COUNTY will sometimes collectively be referred to herein as the "Parties." WHEREAS, on or about March 4, 1993, CITRUS and GDU executed a Utility Agreement (the "Utility Agreement") relating to a water and waste water treatment facility located in the City of Sebastian (the "System"); and WHEREAS, in December of 1993, GDU sold the System to CITY; and WHEREAS, on or about September 20, 1995, CITY sold the System to COUNTY; and WHEREAS, CITRUS has sought to collect any monies due and owing under the Utility Agreement as a result of GDU selling the System through a lawsuit filed against GDU, CITY, and COUNTY in the Circuit Court of the 19th Judicial Circuit in and for Indian River County. Florida entitled Cirrus UtWILInc.v General Rae =e— t Utilities,'no'Sky Of 5,"cie an and Indian River Co W, Case No. 940202 CA 03 (the "Action"); and WHEREAS, the Parties desire to setde fully and finally, any and all differences, claims or events existing between them which relate in any way to the Utility Agreement, the Action, and the System. NOW, THEREFORE, in consideration of the miltual promises, covenants and recitals contained in this Agreement, the Patties agree as follows: 1. GDU shall pay CITRUS $25,000 by November 15, 1997. 2. CITRUS shall release GDU, CITY and COUNTY from any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of GDU, CITY, and COUNTY and their successors, predecessors, parents, subsidiaries, affiliates, divisions, owners, officers, directors, employees, assigns, agents, independent contractors, attorneys and representatives. relating directly or indirectly to the Utility Agreement, the Action, the System, and any and all other matters, up to and including the date of this Agreement including any claim for attorneys fees and costs. J NOV 18 '97 10:06AM CITY Or SEBASTIAN P.4 3, GDU shall release CITRUS, CITY and COUNTY from any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of CITRUS, CITY, and COUNTY and their successors, predecessors, parents, subsidiaries, affiliates, divisions, owners, officers, directors, employees, assigns, agents, independent contractors, attorneys and representatives, relating directly or indirectly to the Utility Agreement, the Action, and the System. 4. CITY shall release CITRUS, GDU and COUNTY from any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of CITRUS, GDU and COUNTY and their successors, predecessors, parents, subsidiaries, of luates, divisions, owners, officers, directors, employees, assigns, agents, independent contractors, attorneys and representatives, relating directly or indirectly to the Utility Agreement, the Action, the System, and any and ail other matters, up to and including the date of this Agreement including any claim for attorneys fees and costs. S. COUNTY shall release CITRUS, GDU and CITY from any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or.attributable to any practices or conduct of. CITRUS, GDU and CITRUS and their successors, predecessors, parents, subsidiaries, affiliates, divisions, owners, officers, directors, employees, assigns, agents, independent contractors, • attorneys and representatives, relating direcdy or indirectly to the Utility Agreement, the Action, the System, and any and an other matters, up to and including the date of this Agreement including any Claim for attorneys fees and coats. 6. All Parties to the action shall dismiss their claims with prejudice and each party shall bear their own fees and costs. 7. This Agreement, consisting of three (3) pages, constitutes the entire unAarernn_ding between the Parties hereto, and shall in all respects be interpreted, enforced and governed by the laws of the State of Florida. The Parties further agree and aairnowledge that should any pordon of this Agrees be deemed unenforceable by a wort of competent jurisdiction, the unenforceable provision sball be deemed severable from the rest of this Agreement and shall not affect the validity or ealorceabi ty of the remainder of this Agreement. 8. The Parties represent that in entering into this Agreement they have not relied upon any statement, representation or promise of any other Party, other than the provisions set forth in this Agreement. 9. The Parties acknowledge that they are entering into this Agreement freely and voluntarily, with a full understanding of the meaning and consequences of its terms. 10. The Agreement may not be amended or modified except by an instrument in CT Page 2 of d Pages : NOV 18 '97 10:09AM CITY OF SEBASTIAN P.5 writing signed by all of the Parties. 11. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have duly executed this Settlement Agreement and Release of Claims on the date written below. DATED: November _, 1997 DATED: November _, 1997 DATED: November 1997 DATED: November —, 1997 we mm.t CITRUS UTILITIES, INC. By: Title: GENERAL DEVELOPMENT UTILITIES, INC. By: Title: CITY OF SEBASTIAN By.- Tide: y: Tide: INDIAN RIVER COUNTY By: Title: Page 1 of 3 Pages NOV 18 '97 10:07AM CITY OF SEBASTIAN City Of Sebastian FAX To: / q M75 Main S&a % Setas&ane 270 rida 329S8 CC: c P,1 >�'m cif—y, aaWabe-- acmes mobs wyer sha= teams /� 361-Si9-3330 i Ya{tagC 'Sdi.sldterz,. MURX&❑ oceeac Q rb Pwxvhw - Cl RaplyA&V ❑ daft =mm NOV 16 197 10:09AM CITY OF SEBASTIAN P.6 RESOLUTION R-97-81 A RESOLUTION OF THE CITY OF SEBASTIAN, IM AN MM COUNTY FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT WITH CITRUS UTILITIES, INC., GENERAL. DEVELOPMENT UTU.TTIES, AND INDIAN RIVER COUNTY TO RESOLVE ALL CLAIMS, KNOWN AND UNKNOWN, ARISING OUT OF A UTILITY AGREEMENT RELATING TO A WATER AND WASTE WATER TREATMENT FACULTY LOCATED IN TEE CITY OF SEBASTIAN, INCLUDING A SUIT FTLED BY CITRUS UTILITIES, INC.; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILrLY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CITRUS LMMES, INC., has sought to collect monies pursuant to a Utility Agreement related to a waste water treatment fsc ility located in the CITY OF SEBASTIAN through a lawsuit filed against the CITY OF SEBASTIAN, GENERAL, DEVELOPMENT UT LIT'IES, and INDIAN RIVER COUNTY entitled Citrus Utilitim Im Y. Gtneral DeveIonment LTtiiities-Inc- City gUebastian jud Indian River Coumn- Cane Na. 94-02U&A- 03 WHOWAS, the CITY OF SEBASTIAN may be liable to CITRUS UTILITIES, INC., fbr S77,000 (Seventy Seven thousand dollars), plus, the reasonable attorney's fees of opposing counsel and toss. WHEREAS, the proposed settlement agreetnent releases the City of Sebastian from liability to CITRUS UTILITIES, INC. and INDIAN RIVER COUNTY, from any and all claims, counterclaims, damgw and causes of action of every nature, lmown or udmown, suspected or unsuspected, arising from or attributable to any practices or conduct of CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, and INDLAN RIVER COUNTY or all liabilities of relating directly or indirectly to the Utility Agreement, the aforementioned filed lawsuit, the waste water treatment fadk located in the CITY OF SEBASTIAN, and any and all matters, up to the date of the settlement agreement, including but not limited to, the potential liability to CITRUS NOV 1S '97 10:09RM CITY OF SEBASTIAN F.7 UTILITIES, INC., as a named Defendant in the aforementioned lawsuit, for $77,000 (Seventy Seven thousand dollars), plus, the reasonable attomey's fees of opposing counsel and crsts. WBEREAS, the proposed settlement agreement releases the CITY OF SEBASTIAN from liability to GENERAL DEVELOPMENT UTILITIES from any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, and INDLIN RIVER COUNTY reiating directly or indirectly to the Utility Agreement, the aforementioned filed lawsuit and the waste water treatment facility located in the CITY OF SEBASTIAN. W MMAS, the CITY OF SEBASTIAN desires to enter into a settlement agreement which would fully and finally release the CITY OF SEBASTIAN from all liabilities for any and all differences, claims or events whether known or unknown, suspected or unsuspected, between CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, and INDL;Ni RIVER COUNTY related to the Utility Agreement and the aforementioned lawsuit, and the waste water treatment facility located in the CITY OF SEBASTIAN including but not limited to the claim brought by CITRUS UTILITIES, INC., for $77,000 (Seventy Seven thousand dollars), plus, the reasonable attauey's fees of opposing counsel and costs. NOw, THEREFORE, BE rr RESOLVED BY TBE COUNCIL OF THE CITY OF SEBASTIAN, IrMW RrM COUNTY, FLORIDA, as follows: ppm. AUTHORIZATION. The CITY Of SEBASTIAN Council hereby authorizes the Mayor to enter into a settlement agreement ("E:thibir A") with CITRUS UTILITIES, INC. and INDIAN RIVER COUNTY and GENERAL DEVELOPMENT UTILITIES, INC. ("hereinafter, 2 %I NOV 18 '97 10:10AM CITY OF SEBASTIAN P.8 collectively referred to as the parties'" to settle fully, finally any and all differences, any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, and INDIAN RIVER COUNTY and their successors, predecessors, parents, subsidiaries, affiliates, divisions, owners, officers, directors, employees, assigns, agents, independent contractors, attorneys and representatives relating directly or indirectly to the Utility AVv ntevr, the lawsuit entitled =Llailhio-lw. v fagrei Development Utilities. tic.. City of Sebastian and Indian_Rbm County, the waste water treatment facility located In the CITY OF SEBASTIAN and or events existing between the parties which relate to the Utility Agreement, the aforementioned lawsuit, and the waste water treatment facility located in the CITY OF SEBASTIAN , as well as, the release of the City of Sebastian from all liability to CITRUS UTILITIES, INC. and INDIAN RIVER COUNTY, for any and all matters, up to the date of the settlement agreement. $gat=. CONFLICT'S. All resolutions or parts of resolutions in conflict herewith are immediately repealed. ; 3, SIEVERABE TTY. In the event a court of competent jurisdiction shall hold of determine that any pair of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. NOV IS '97 10:10AM CITY OF SEBASTIAN P.9 Section 4. EFFECTIVE DATE. This resolution scall take effect immediately upon final passage by the City of Sebastian Council. The foregoing resolution was moved for adoption by Councilmember The =don was seconded by Councilmember the vote was as follows. Mayor Walter W. Barnes Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan vice -Mayor CouncidmemberRichard J. Taraoka and, upon being put to a vote, The Mayor thereupon declared this Resolution duly passed and adopted this _ day of 1997. CITY OF SEBASTIAN By: Walter W. Bames, Mayor ATTEST: Kathryn M O'Halloran, CMC/AAE City Clerk Approved as to form ani content: Richard E. Torpy City Of Sebastian Attorney e'mkwb&W%Va FEB 2 5 1998 j j IN THE CIRCUIT COURT OF THE 19TH E , JUDICIAL CIRCUIT IN AND FOR INDIAN 6C�u RIVER COUNTY, FLORIDA. IN RE: NON -JURY TRIALS EXCEEDING TIME STANDARDS ORDER DIRECTING PRETRIAL PROCEDURE, AND SETTING TRIAL DATE DOCKET CALL DATE: May 22,1998 DOCKET CALL TIME: 9:30 A.M. PLACE: INDIAN RIVER COUNTY COURTHOUSE COURTROOM 6 VERO BEACH, FLORIDA TRIAL PERIOD: May 26-29, June 1-5,8-12,1998 The cases set forth below have exceeded the time standards as set forth in Rule 2.085(d)(1)(B), Rules of Judicial Administration, and are hereby, on the court's own motion, set down for non - Jury trial. 910841 CA 13 Pearl Lammon Anderson Charles Hendley v. Tommy Sanders, et al John J. McHugh 940198 CA 03 Peter Dankin v. Indian Beach Jack B. Spira Associates, Inc., et al Louis F. Robinson Wayne Sobien Victoria M. Brown G. Philip J. Zies Vytautas Vebeliunas 940202 CA 03 Citrus Utilities, Inc. v. Joseph Ianno, Jr. General Development, etc., et al Richard E. Torpy 11 12 1 Charles P. Vitunac Gary M. Freedman V% 940356 CA 13 New Jerusalem, etc v. Eugene O'Neill Nathaniel Williams Osborne O'Quinn Marc B. Cohen Thomas Audet 940543 CA 17 TCI of Northern New Jersey John P. Harlee V. David C. Nolte, etc. Douglas Mo Eric Barkett Robert Nall Mark Aliff 950212 CA 19 Continental Casualty Co.v. Lora Dunlap Emergency Medicine Associates Louis B. Vocelle Rosemary Cooney 950251 CA 19 Blair & Maria McKendrick v. David Earle Spinnaker Dev. Group, et a. Alan Polackwich 950429 CA 03 Jack Jones v. Myron Ellis Peter Jorgensen Myron Ellis 950578 CA 03 Nature's Nutrition v. Richard Bogosian GHA Harmony, Ltd. H. Randal Brennan 950607 CA 03 Bernard St. Pierre v. Robert Stone Polly E. & Augustus Schwey. Eugene O'Neill Alan Polackwich 960058 CA 11 Joanna Marciano, et ux v. Richard Levenstein Ocean Resorts, etc. Rachael R. Bachand 960105 CA 21 Edith A. Butler v. Robert Stone Vicky Lynn Wilson -King, etc Stephen H. Price 960129 CA 09 Emilee J. Bragg v. Letcher Burney J. Carter Boyd Brown, Sr., et al Philip H. Reid 960158 CA 10 State Farm Mutual Automobile Steven A. Harris Insurance Co. V. Michael W. L. Wesley Nichols Simberlund. 960190 CA 03 Teresa Piwko v. Polish Cultural Paul Berg Center of Southwest Florida. Philip L. Burnett 960121 CA 18 Josephine C. Allen v. Michael Garavaglia Brenda Y. Allen, et al. Steve Lauer James Taylor Jason H. Kom Seaquay Condominium Asso. Richard H. Forbes John J. Raymond 960205 CA 09 John Hill v. Florida Industries Kathleen Inman Investment Corporation. Gary R. Dorst 960254 CA 09 ACP Florida I, L.P. v. David D. Eastman ELL -CAP 32, etc Robert Nall Ronald L. Roth Dennis P. Thompson 960289 CA 03 Theodore A. DeCosmo, etc Robert Stone v. Melvin A. Fisher, etc. Carl D. Motes 960307 CA 16 Henry L. Block, et al v. James Taylor Seaquay Condominium Asso. Ira Hatch Bruce Barkett Lawrence Barkett Troy Hafner 960320 CA 13 Riverhouse Landing, Inc. v. Thomas E. Kingcade Grover Homes Braddock, et al Howard Smith Alicia Smith Hilda Roberts Mildred Kroitszch Elmer Smith Francis Braddock Conrad Smith Clementine Kastendieck Barbara Roberts Beverly Turbyfill 960324 CA 13 Leonard Galbraith v. Carolyn Clayton Carolyn J. Galbraith, etc Michael Bloom 960358 CA 21 Charles Reed Knight, Jr. etc Greg Keane v. Uni-Tech Research, etc. Gerry S. Gibson Charles Reed Knight Uni-Tech Research Anthony Louis Marfione Eric Kincel 960383 CA 03 Beal Bank v. William C. Lee Fred L. Kretschmer, Jr. Wendy Young 960386 CA 16 Fernando Miranda v. Indian River William Stewart Memorial Rafael J. Roca Juan Bello 960391 CA 03 Isaac Start v. Thomas H. Bauer Alan S. Polackwich & Shauna Bauer, etc Ira Hatch 960392 CA 10 Allstate Insurance Co. V. Paula Steven A. Harris Hall & Joseph Hall, Jr. Paula Hall Joseph Hall 960397 CA 17 FCCI Mutual Insurance Company v. Chris Suarez Chris Suarez Lewis W. Murphy 960421 CA 19 First Union National Bank James Covey Valerie Bameby, etc, et al Jane Hunter, pro se Valerie H. Bamebey 960451 CA 09 Charter Bank v. Carol A. Deputy. Robert C. Ross Stanley Dale Klett 960466 CA 11 Bruce G. Murphy v. Robert H. William Caldwell Haines, III, et al Bruce G. Murphy Bradley S. Shraiberg 960473 CA 03 City of Vero Beach, et al Robert N. Sechen V. Gazebo, Inc. C. Kennon Hendrix 960489 CA 13 Larry Howland & Robert Classon Robert Clark V. CSCEC-US Kenneth C. Crooks 960521 CA 09 First Union, etc v. Emilie N. Shara Lawson Waters. Emilie Waters Commercial Credit Arcadia Financial Tenant #I 960599 CA 09 Chase Mortgage Services David J. Stem Vincent J. Imbriani, et al Vincent Imbriani David Laverty A. SETTING TRIAL: These cases are set for non jury trial as indicated above. Attorneys designated to try these cases are directed to appear for docket call on as indicated above. The court will attempt to assign a time certain to each case at that time. Please notify the court immediately if the case is settled. Failure to appear at docket call will result in the dismissal of plaintiff s case if plaintiff fails to appear, or the entry of a default against defendant if defendant fails to appear. Should a default be entered, trial will be held on any remaining issues of damages. B. PRE-TRIAL PROCEDURE IN CIVIL ACTIONS: 1. Counsel must meet. No later than twenty (20) days prior to docket call, counsel or parties, if not represented by counsel, shall meet at a mutually convenient time and place, and: a. Discuss settlement; b. Simplify the issues and stipulate to as many facts and issues as possible. C. Prepare a Pretrial Stipulation in accordance with Paragraph 2. d. Examine all exhibits and exchange lists of exhibits,and, in writing, list all objections to trial exhibits, including any video exhibi video exhibits. e. Exchange lists of the names and addresses of all trial witnesses. 2. Pre -Trial Stipulations Must Be Filed. It shall be the duty of counsel for Plaintiff to see that the Pretrial Stipulation is drawn, executed by counsel for all parties, and filed with the Clerk no later than ten (10) days prior to the date set for docket call. Counsel for all parties are charged with good faith cooperation in this regard. The Pretrial Stipulation shall contain the following in separate numbered paragraphs: a. A concise statement describing the facts of the case in an impartial, easily understandable manner; b. A list of all pending motions requiring action by the Court; C. A statement of agreements and stipulated facts which require no proof at trial; d. A statement of all issues of law and fact for determination at trial; e. A list of all witnesses, including impeachment witnesses to be called at trial with their addresses. A brief statement as to the nature of the witness' testimony is required. Expert witnesses shall be designated as such with a brief statement as to the nature of the expertise and opinioned testimony to be offered. Witness lists shall be exchanged and witnesses not listed may not be called at trial. As toeach party, the Court will limit before and after witnesses to no more than three. The Court will limit after witnesses to no more than three. The Court will limit expert witnesses to no more than two in any one expert field. The Court may make such other rulings or limitations on witnesses, including experts, as the nature of the case and justice requires. f Exhibit lists shall be exchanged and examined and approved where reasonable for admission without objection. Exhibits not listed may not be introduced at trial. All exhibits as set forth shall be marked and filed with the Clerk prior to trial. Please mark as follows: 1. a list of all exhibits to be offered by plaintiff and agreed to and initialed by defendant to be submitted in evidence without objection (to be marked plaintiffs exhibits 1, 2, 3, etc.); 2. a list of all exhibits to be offered by defendant and agreed to and initialed by plaintiff to be submitted in evidence without objection (to be marked defendant's exhibits 1, 2, 3, etc.); 3. a list of all exhibit of Plaintiff and objected to and initialed by defendant (to be marked plaintiffs exhibits A, B, C, etc.); defendant will note his objection and the reason thereof on the pretrial statement; 4. a list of all exhibits of defendant and objected to and initialed by Plaintiff (to be marked defendant's exhibits A, B, C, etc.); plaintiff will note his objection and the reason thereof on the pretrial statement; 5. Each parry shall prepare in advance of the trial and famish to the courtroom clerk at the time of commencement of trial a written list of all his exhibits containing a brief description of each. g. A specification of the damages and/or relief claimed; h. A statement of estimated trial time; i. Other agreements, if any. j. A number of peremptory challengers for each party or side in a jury trial. k. All contested matters must be reported.Counsel for Plaintiff (Petitioner) shall be responsible for having a court reporter present and/or available. Failure to do so may be grounds for cancellation of the trial or hearing at the option of the judge and may be considered a grounds for sanctions if it contributes to a disruption of the court's schedule. 3. Unilateral Filing of Pretrial Stipulation. If for any reason a Pretrial Stipulation is not executed by all counsel, each counsel shall file and serve separate proposed Pretrial Stipulations not later than ten (10) days prior to the date set for docket call, with a statement of why no stipulation was executed. Each party shall have ten days from receipt of the other parties' trial exhibits to make specific objections to each exhibit, including basis of objection. Failure to object within this time shall constitute a waiver to the admissibility of those exhibits. 4. Additional Exhibits, Witnesses or Objections. At trial, the parties shall be strictly limited to exhibits and witnesses disclosed and objections reserved, absent agreement specifically stated in the Pretrial Stipulation or order of the Court upon good cause shown. Failure to reserve objections constitutes a waiver. A party desiring to use an exhibit or witness discovered after counsel have met pursuant to Paragraph A shall immediately furnish the Court and other counsel with a description of the exhibit or with the witnesses name and address and the expected subject matter of his testimony, together with the reason for the late discovery of the exhibit or witness. Use of the exhibit or witness may be allowed by the Court for good cause shown or to prevent manifest injustice. 5. Discovery. All discovery must be completed five (5) days prior to the docket call, absent agreement for later discovery specifically stated in the Pretrial Stipulation or Order of the Court for good cause shown. 6. Pre -Trial Conference. No pre-trial conference pursuant to Florida Rule of Civil Procedure 1.200 is set by the Court on its own motion. Any parry requesting pre-trial conference shall demand it upon receipt of order setting trial. Should pre-trial conference be ordered, the order setting pre-trial conference shall supersede the pre-trial procedures set forth herein. 7. Unique Questions of Law. No later than the day of commencement of the trial, counsel for the parties are directed to submit to the Court appropriate memoranda with citations to legal authority, in support of any unique legal questions which may reasonably be anticipated to arise during the trial. 8. Motions in Limine. Motions in Limine will not be heard on the day of trial and will be deemed to have been waived unless heard prior to trial, absent extraordinary circumstances. Motions in Limine shall be listed in the Pretrial Stipulation or in the proposed Pretrial Stipulation. 9. Procedures Not Affected By Continuances/"Rollovers": The procedures, requirements and time limits imposed by this order shall not be deemed as modified, affected, extended or changed in any manner by continuance of the trial, "rollover" to another docket or if the trial is not reached on the docket unless by order of the court for good cause shown. 10. Unilateral Changes or Stipulated Changes to this Order. The parties may not change or modify the requirements or time limits imposed by this order unless by court order for good cause shown. 11. Continuances: This trial date has been selected by either agreement of the parties or with substantial advance notice. Unless an objection to the trial period is filed within fourteen days from date, not continuance will be granted absent good cause based upon unusual or extraordinary circumstances. No Motion for Continuance will be considered unless it is in writing pursuant to Florida Rules of Civil Procedure 1.460 and Florida Rules of Judicial Administration 2.085. 12. Sanctions. A conference will be held at docket call to go over full compliance with this order. Failure to comply with all requirements of this order without good cause shall result in sanctions including, but not limited to, striking pleadings, striking witnesses or exhibits, or dismissal of the case and any other appropriate sanctions. 13. Mediation. Mediation is mandatory and must be completed before docket agreement, an Order of Referral to mediation, to the court. Failure to comply shall result in this case being stricken from the docket and/or other sanctions. DONE AND ORDERED in Vero Beach, Indian River,County, k�oFic}a,i� 20th day of February, 1998. 3HAAL_3: ?,11TH CHARLES E. SMITH, CIRCUIT JUDGE Copies furnished to Attorneys set forth above PAUL H. AMUNDSEN RICHARD W. MOORE RICHARD E. TORPY RODOLFO N"EZ E. PALMER MASON OF COUNSEL: BYRON B. MATHEWS, JR. AMUNDSEN MOORE & TORPY ATTORNEYS AT LAW 200 SOUTH HARBOR CITY BOULEVARD SUITE 203 MELBOURNE, FLORIDA 32901 (407) 724-6262 FACSIMILE: (407) 727.2006 PLEASE REPLY TO: MELBOURNE OFFICE N VIA FACSDA LE TRANSMISSION Gary M. Freedman, Esq. 919 Ingraham Building 25 Southeast Second Avenue Miami, FL 33131-1538 January 2, 1997 Re: Citrus Utilities, Inc. vs. General Development Utilities, Inc., and City of Sebastian Case No. 94 -0202 -CA -03 / Our File No. 992489.3130 Dear Mr. Freedman: � A JAN 1991 2ceived RtY plt�cee( s TALLAHASSEE OFFICE 502 EAST PARR AVENUE TALLAHASSEE, FL 32301 (904)425.2444 FACSIMILE: (904) 425-2447 I am in receipt of your Notice of Taking Deposition Duces Tecum By Telephone for Gary B. Frese with regard to the above -referenced action. I was not consulted as to the date and time of this deposition when it was scheduled. Please be advised that I have a prior commitment which cannot be canceled or postponed on that date and time. Accordingly, I am requesting that the deposition time be moved to sometime the morning of January 8, 1997, if possible. Please advise me if a change in the time of Mr. Frese's deposition can be made as soon as possible. Thank you for your cooperation in this matter. Sincerely, AMUNDS MOORE & TORPY zo*z��rz� Richard E. Torpy RET/Is cc: City of Sebastian Gary B. Frese Joseph Ianno, Jr. CITRUS UTILITIES, INC., Plaintiff, VS. GENERAL DEVELOPMENT UTILITIES, INC., CITY OF SEBASTIAN, and INDIAN RIVER COUNTY, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, VS. CITY OF SEBASTIAN, Cross -Defendant. IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94-0202 CA 03 Noll 12 73 g �^4 aA1 Cqa DEC ]°:16 M Received City !t,71i PPr'c ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR ORDER REVALIDATING TRIAL SUBPOENAS THIS CAUSE came before the Court on defendant, General Development Utilities, Inc.'s Ex Parte Motion for Order Revalidating Trial Subpoenas, and the Court having reviewed the file and being otherwise duly advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: . 1 . Defendant's Ex Parte Motion for Order Revalidating Trial Subpoenas is GRANTED. 2. All Trial Subpoenas previously served by General Development Utilities, Inc. for the trial week of November 4, 1996 are hereby revalidated for the January 27, Case No.: 94-0202 CA 03 1997 trial week with notice of such validation to be provided to the witnesses by mailing a copy of this Order to said witnesses. DONE AND ORDERED in Indian River December, 1996. Copies furnished to: Mr. Thomas W. Frame, City Manager City of Sebastian Mr. Terrance Pinto, Director of Utilities Indian River County Joseph lanno, Jr., Esquire Richard E. Torpy, Esquire Charles P. Vitunac, Esquire Gary M. Freedman, Esquire VAIIDATE.ORD 2 County, Florida, on this day of SIGfecD AND DATED ZZ DkC 22 1996 ROBERT R. MAKfM C Circuit Court Judge CITRUS UTILITIES, INC., Plaintiff, vs. IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94-0202 CA 03 SUBPOENA DUCES TECUM FOR DEPOSITION GENERAL DEVELOPMENT UTILITIES, INC., CITY OF SEBASTIAN, and INDIAN RIVER COUNTY, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, vs. CITY OF SEBASTIAN, Cross -Defendant. THE STATE OF FLORIDA: Received TO: CUSTODIAN OF RECORDS for The City of SebastianServed By Serving: Thomas W. Frame, City Manager Time City of Sebastian By a - Sebastian City Hall CPS# - 1225 Main Street MARTA M. DIAZ G Sebastian, Florida 32958 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at Atlantic Reporting, 2143 15th Avenue, Vero Beach, Florida, on 6eA2d T ay, December 11, 1996 at 4:00 p.m. for the taking of your deposition in this action and to have with you at that time and place the following: All documents relating to the purchase of the Sebastian Highlands Waste and Waste Water System (the "System") from General Development Utilities, Inc. including, but not limited to, all Developer Agreements received from General Development Utilities, Inc.; Case No.: 94-0202 CA 03 Subpoena Duces Tecum for Trial Page 2 All documents evidencing, showing or reflecting the use of the waste water capacity within the System including, but not limited to, all operating reports. If you fail to appear, you may be in contempt of Court. Your are subpoenaed to appear by the following attorneys and unless excused from this Subpoena by these attorneys or the Court you shall respond to this Subpoena as directed. WITNESS my hand and seal of said Court oner 3 , 1996. Gary M. Freedman, Esquire Florida Bar No.: 727260 Attorney for Defendant Tabas Singerman & Freedman, P.A. 25 S.E. 2 Avenue, Suite 919 Miami, Florida 33131. (305)375-8171 Courtesy copy provided to: Richard E. Torpy, Esquire Attorney for City of Sebastian Joseph lanno, Jr., Esquire Attorney for Citrus Utilities G:\CLIEWS\AGC\Cf US\PLEADING\CRY-COR. SS JEFFREY K. BARTON As Clerk of the Court As Deputy Clerk IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACTTHE PlrG' ;JERK NOT LATER THAM 4c` - d : C' a" ;.I^_,R Tp THE PRO(- IN ACCORDANCEWITHTHE AMERICANS w' Th AL DISABILITIES ACT. ACC., SWITH DISABILITIES NECU N SPECIAL ACCACTTHE JURYa J PARTICIPATE IN THIS PRO EE SHOULD CONTACTPR THEJURY CLERK NOT LATERT"AN SEVEN (7) DAYS PRIORTOTHE 407-77 -518 AAT2 t0/, T 407-770155NUE.VIER(TDO)H�X32960ORCALL IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94-0202 CA 03 CITRUS UTILITIES, INC., Plaintiff, VS. GENERAL DEVELOPMENT UTILITIES, INC., CITY OF SEBASTIAN, and INDIAN RIVER COUNTY, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, VS. CITY OF SEBASTIAN, Cross -Defendant. TO: CUSTODIAN OF RECORDS for The City of Sebastian By Serving: Thomas W. Frame, City Manager City of Sebastian Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of the CUSTODIAN OF RECORDS FOR THE CITY OF SEBASTIAN, on Thursday, December 11, 1996, at 4:00 p.m. at the office upon oral examination for purposes of discovery and for use as evidence in said cause, for use at trial, or for such other purposes as are permitted under the rules of this Court and to have with you you at that time and place the following: TABAS. SINGERMAN & FREEDMAN. P.A. SUITE 919 25 SOUTHEAST SECOND AVENUE MIAMI. FLORIDA 33131-1538 TEL. 13051 375-8171 FAX (3051381- 7 708 and All documents relating to the purchase of the Sebastian Highlands Waste and Waste Water System (the "System") from General Development Utilities, Inc. including, but not limited to, all Developer Agreements received from General Development Utilities, inc.; All documents evidencing, showing or reflecting the use of the waste water capacity within the System including, but not limited to, all operating reports. Said deposition will be taken before a Notary, or any other officer authorized to administer oaths by the laws of the State of Florida, and a person who is neither a relative nor employee of such attorney or counsel, and who is not financially interested in the action. Said deposition to be taken pursuant to Florida Rules of Civil Procedure 1 .310(b)(4)-(7) and will continue from day to day until complete. I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded by facsimile and U.S. Mail to Joseph lanno, Jr., Esquire, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., attorneys for Citrus Utilities, Inc., Post Office Box 150, West Palm Beach, Florida 33402; the above addressee; and Richard E. Torpy, Esquire, Amundsen Moore & Torpy, attorneys for the City of Sebastian, 200 South Harbor City Boulevard, Suite 203, Melbourne, Florida 32901 Charles A Vitunac, Esquire, Indian River County, 1840 25 Street, Vero Beach, Florida 32960-3384 and Gary Frese, Esquire, Frese, Nash & Torpy, P.A., 930 South Harbor City Boulevard, Suite 505, Melbourne, Florida 32901, this �i� day of November, 1996. Gary M. Freedman Florida Bar No.: 727260 TABAS, SINGERMAN & FREEDMAN, P.A. Attorneys for General Development Utilities, Inc. 919 Ingraham Building 25 Southeast Second Avenue Copy to: Miami, Florida 33131-1538 Atlantic Reporting Telephone: (305) 375-8171 55 East Osceola Street, Suite 201 Telefax: (305) 381-7708 Stuart, Florida 34994 G: \CLIENTS\AGC\C ITRUS\PLEADINGICITY-COR.ND 1 TABAS. SINGERMAN & FREEDMAN, P.A. SUITE 919 25 SOUTHEAST SECOND AVENUE MIAMI, FLORIDA 33131 - 1538 TEL. 1305) 375-8171 FAX (305) 381 -7708 PAUL H. AMUNDSEN RICHARD W. MOORE RICHARD E. TORPY RODOLFO NUREZ E. PALMER MASON OF COUNSEL: BYRON B. MATHEWS, JR. W. Thomas W. Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 AMUNDSEN MOORE & TORPY ATTORNEYS AT LAW 200 SOUTH HARBOR CITY BOULEVARD SUITE 203 MELBOURNE, FLORIDA 32901 (407)724-6262 FACSIMILE: (407) 727.2006 PLEASE REPLY TO: MELBOURNE OFFICE October 29, 1996 Re: City of Sebastian / Citrus Utilities / GDU Our File No. 882489.3130 Dear Mr. Frame: r ()P TALLAHASSEE OFFICE 502 EAST PARR AVENUE TALLAHASSEE, FL 32301 (904)425.2444 FACSIMILE: (904) 425-2447 4k NOV 1996 Received city Manager's Office I received a copy of the subpoena for trial duces tecum in the above -referenced matter. I called your office on October 28, 1996 and advised Jean that this trial has been continued until the week of January 27, 1997. Accordingly, it will not be necessary for anyone to be prepared to appear at trial during the week of November 4, 1996. I asked Jean to relay to you my desire to discuss the progress of this case. As you are aware, we attempted to mediate this case to resolve it short of trial. However, the plaintiff, Citrus Utilities, have taken a very unreasonable position. Further, I believe the City of Sebastian's chance of prevailing in this case are extremely high and, as a result, our abilities to recover attorney's fees expended to date are also high. Mr. Thomas W. Frame City Manager City of Sebastian October 29, 1996 Page -2- In order to discuss this matter further, please contact my office for either a telephone conference call, or if more convenient for you, I would be happy to meet with you in Sebastian to discuss this case further. I look forward to hearing from you. Sincerely, AMUNDSEN, MOORE & TORPY Richard E. Torpy RET/Is Enclosure F41 ocz 2 � ,ass u CITRUS UTILITIES, INC. PLAINTIFF(S), VS. GENERAL DEVELOPMENT UTILITIES INC. AND CITY OF SEBASTIAN DEFENDANT(S). IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY FLORIDA CASE NO. 94-202-CA03 THIS CAUSE came before the Court upon the Court's own motion, it is hereby ORDERED AND ADJUDGED that all cases on the non -jury trial A docket of November 4, 1996, through November 8, 1996, with docket 0#0 call on November 1, 1996 at 8:30 a.m. are being continued to the non -jury trial docket of January 27, 1997, through January 31, 1997, with docket call on the 17th day of January, 1997 at 8:30 a. m. These continuances are ordered due to the fact that this court has been assigned to preside over criminal felony and juvenile matters in Okeechobee County due to the illness of the presiding judge. DONE AND ORDERED in Vero Beach, Indian River County, Florida this 24h day of October, 1996. ROBERT R. MAKEMSON JUDGE OF THE CIRCUIT COURT IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY FLORIDA CASE NO. 94-202-CA03 CITRUS UTILITIES, INC. PLAINTIFF(S), VS. GENERAL DEVELOPMENT UTILITIES INC. AND CITY OF SEBASTIAN DEFENDANT(S). SERVICE LIST JOSEPH IANNO, JR., ESQUIRE P. O. BOX 150 WEST PALM BEACH, FLORIDA 33402 GARY M. FREEDMAN, ESQUIRE 25 SE 2ND AVENUE, SUITE 919 MIAMI, FLORIDA 33131 RICHARD TORPY, ESQUIRE 930 S. HARBOR CITY BOULEVARD, SUITE 5050 MELBOURNE, FLORIDA 32901-1967 CHARLES P. VITUNAC, ESQUIRE 1840 25TH STREET VERO BEACH, FLORIDA 32960-3384 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CITRUS UTILITIES, INC., CASE NO.: 94-0202 CA 03 Plaintiff, VS. SUBPOENA DUCES TECUM FOR DEPOSITION GENERAL DEVELOPMENT UTILITIES, INC., CITY OF SEBASTIAN, and INDIAN RIVER COUNTY, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, vs. CITY OF SEBASTIAN, Cross -Defendant. THE STATE OF FLORIDA: Received TO: CUSTODIAN OF RECORDS for The City of SebastianServed /o? 3 4 By Serving: Thomas W. Frame, City Manager Time /'�o: City of Sebastian By ,fzcriF/� {a Gjj>Psc Sebastian City Hall cps# P - 1225 Main Street MARTA M. DIAZ Sebastian, Florida 32958 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at Atlantic Reporting, 2143 15th Avenue, Vero Beach, Florida, on 4 rf: Thursday, December 11, 1996 at 4:00 p.m. for the taking of your deposition in this action and to have with you at that time and place the following: All documents relating to the purchase of the Sebastian Highlands Waste and Waste Water System (the "System") from General Development Utilities, Inc, including, but not limited to, all Developer Agreements received from General Development Utilities, Inc.; and Case No.: 94-0202 CA 03 Subpoena Duces Tecum for Trial Page 2 All documents evidencing, showing or reflecting the use of the waste water capacity within the System including, but not limited to, all operating reports. If you fail to appear, you may be in contempt of Court. Your are subpoenaed to appear by the following attorneys and unless excused from this Subpoena by these attorneys or the Court you shall respond to this Subpoena as directed. WITNESS my hand and seal of said Court oner 3 , 1996. Gary M. Freedman, Esquire Florida Bar No.: 727260 Attorney for Defendant Tabas Singerman & Freedman, P.A. 25 S.E. 2 Avenue, Suite 919 Miami, Florida 33131. (305)375-8171 Courtesy copy provided to: Richard E. Torpy, Esquire Attorney for City of Sebastian Joseph lanno, Jr., Esquire Attorney for Citrus Utilities G:\CLIENTS\AGCICITRUS\PLEADING\CIW COR.SB1 JEFFREY K. BARTON As Clerk of the Court tic�. 6 As Deputy Clerk IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATIONS '0PARTICIPATE INTHIS PROCEEDING SHOULD CONTACT THE li'` iRK NT LATER THP': '.I". R -C' THE PRO' D INAC,OROANCEWITHTHEAMERICANSWITHDISABILITIESACT. - `ASONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION „ PARTICIPATE IN THIS PROCEEDING SHOULD TO CONTACT 407170-5185, �LERKOoOTL T'R'".VEROBE(7) ONYS PRIOR ACH,fL329600RCALLPROCEEDIN6 AT . 165(fDO� Ea. 1079 OR 407.770'5 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94-0202 CA 03 CITRUS UTILITIES, INC., Plaintiff, vs. GENERAL DEVELOPMENT UTILITIES, INC., CITY OF SEBASTIAN, and INDIAN RIVER COUNTY, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, VS. CITY OF SEBASTIAN, Cross -Defendant. TO: CUSTODIAN OF RECORDS for The City of Sebastian By Serving: Thomas W. Frame, City Manager City of Sebastian Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of the CUSTODIAN OF RECORDS FOR THE CITY OF SEBASTIAN, on Thursday, December 11, 1996, at 4:00 p.m. at the office upon oral examination for purposes of discovery and for use as evidence in said cause, for use at trial, or for such other purposes as are permitted under the rules of this Court and to have with you you at that time and place the following: TA9A5, SINGERMAN S FREEDMAN. P.A. SUITE 919 25 SOUTHEAST SECOND AVENUE MIAMI, FLORIDA 33131-1538 TEL. 130513]5-8171 FAX 13051 381 -7]08 and All documents relating to the purchase of the Sebastian Highlands Waste and Waste Water System (the "System") from General Development Utilities, Inc. including, but not limited to, all Developer Agreements received from General Development Utilities, Inc.; All documents evidencing, showing or reflecting the use of the waste water capacity within the System including, but not limited to, all operating reports. Said deposition will be taken before a Notary, or any other officer authorized to administer oaths by the laws of the State of Florida, and a person who is neither a relative nor employee of such attorney or counsel, and who is not financially interested in the action. Said deposition to be taken pursuant to Florida Rules of Civil Procedure 1.310(b)(4)-(7) and will continue from day to day until complete. I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded by facsimile and U.S. Mail to Joseph Ianno, Jr., Esquire, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., attorneys for Citrus Utilities, Inc., Post Office Box 150, West Palm Beach, Florida 33402; the above addressee; and Richard E. Torpy, Esquire, Amundsen Moore & Torpy, attorneys for the City of Sebastian, 200 South Harbor City Boulevard, Suite 203, Melbourne, Florida 32901 Charles P. Vitunac, Esquire, Indian River County, 1840 25 Street, Vero Beach, Florida 32960-3384 and Gary Frese, Esquire, Frese, Nash & Torpy, P.A., 930 South Harbor City Boulevard, Suite 505, Melbourne, Florida 32901, thisday of November, 1996. Gary M. Freedman Florida Bar No.: 727260 TABAS, SINGERMAN & FREEDMAN, P.A. Attorneys for General Development Utilities, Inc. 919 Ingraham Building 25 Southeast Second Avenue Copy to: Miami, Florida 331 31-1 538 Atlantic Reporting Telephone: (305) 375-8171 55 East Osceola Street, Suite 201 Telefax: (305) 381-7708 Stuart, Florida 34994 G:\CLIENTS\AGC\CITRUSXPLEADING\CFrY.COR.ND1 TABAS, SINGERMAN & FREEDMAN, P.A. SUITE 919 25 SOUTHEAST SECOND AVENUE MIAMI, FLORIDA 33131- 1538 TEL. 1305) 375-8171 FAX (305) 381 -7708 ��y69 s 9 t01772��i IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT c m IN AND FOR INDIAN RIVER COUNTY, "FLORIDA P'' ro CASE NO.: 94 -0202 -CA -3 CITRUS Plaintiff, vs. GENERAL DEVELOPMENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross-PlainK vs. CITY OF SEBASTIAN, Cross -Defendant. . NOTICE OF SERVICE OF ANSWERS TO INTERROGATORIES PLEASE TAKE NOTICE that the Defendant, City of Sebastian, by and through their undersigned attorney, have this day served the original answers to interrogatories propounded by Defendant, General Development Utilities, Inc. I HEREBY CERTIFY that a true copy hereof was furnished and U.S. Mail to Gary M. Freedman, Esq., Tabas, Singerman & Freedman, P.A., Attorneys for Defendant GENERAL DEVELOPMENT UTILITIES, INC., Suite 919, 25 Southeast Second Avenue, Miami, Florida 33131-1538; Joseph Ianno, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Attorneys for Plaintiff CITRUS UTILITIES, INC., P.A., Post Office Box 150, West Palm Beach, FL 33402; and Charles P. Vitunac, Esquire, Attorney for INDIAN RIVER COUNTY, 1840 25th Street, Vero Beach, Florida 32960-3384, this _4y of November, 1996. AMUNDSEN, MOORE & TORPY Attorney for City of Sebastian 203 S. Harbor City Blvd., Suite 203 Melbourne, FL 32901 (407)724-6262 Richard E. Torpy, Esq. Florida Bar No. 0748072 Case No. 94-0202 CA 03 1. State the name, address and telephone number of each and every person answering these interrogatories and if more than one person, please identify which person answered which interrogatory. Richard B. Votapka Public Works Director c/o City of Sebastian 1225 Main Street Sebastian, FL 32958 2. Please set forth in detail the Systems's entire sewer capacity. 300,000 gallon per day wastewater treatment plant designed capacity. Permitted by F.D.E.P. (Florida Department of Environmental Protection) for 142,000 gallons, per day rated capacity. 3. Please state in detail what portion of the System's sewer capacity is currently capable of being used and the facts relating to same. At the time of sale to Indian River County (October 1, 1995), 100% of the System was functioning as permitted. As of the date of the sale, the sewage flow generated was approximately 64 thousand gallons per day. 4. Please state in detail the number of gallons of sewer capacity used within the System per month from the date the City acquired the System to the date of your response to these interrogatories. See attached sheet entitled "Sebastian Wastewater Treatment Facility" with the months fisted from December 1993 through September 1995 for which the ADF (average daily flow) per months are listed. 5. Please state in detail all documents which support your response to interrogatory number 4, above and the location of the same. F.D.E.P. monthly operating reports for sewage treatment plant from December 1993 through September 1995. 6. Please state when the City sold the System to Indian River County. October 1, 1995 7. Please state whether the City has been involved in the operation of the System since its sale to Indian River County. Not at all. 8. If the answer to interrogatory number 8 above is "yes", please state in detail the City's involvement. N/A 9. With respect to the City's purchase of the System, please set forth the values allocated to the various components of the System, if any, and identify all documents which support those valuations. See attached sheetentitled "City of Sebastian, GDU Purchase of $3,650,000 Worth of Assets". 10. Please state whether the last 70,000 gallons of usable sewer capacity, or any portion thereof, was ever sold to an end user. Not certain as of date of sale on October 1, 1995. Records were shipped to Indian River County Utilities Department. CITY OF SEBASTIAN By: Richard B. Votapka Its: Public Works Director STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 1 D, day of October, 1996, by Richard B. Votapka, who is ersonallyknown to m or who has produced a driver's license as identification and who did/did not take an oath. My Commission Expires: "�^'•�Y;. Linda L. i(inchen MY COMMISSION N CC504795 EXPIRES October 24. 1999 WNOEO THNe TROY FMN INSURANCE. INC. NOV 07 '96 02:22PM CITY OF SEBASTIAN SEBASTIAN WASTEWATER TREATMENTl=AG/LITY ADF _ -- 0.0771 — a ossa 0.086 0.088 O.OS7 0.068 Q.089 0.069 - 0.077: a.oasj w 0.5ild 0.0721 o.-os3 0.069 0,071 -21 NOV 07 '96 02=22PIl CITY OF SEBASTIFN V ADM Gvu CwuedStatP W+s b pa.. IS, I.q3 TABLE 42 CITY OF SEBASTIAN WATER AND WASTEWATER MASTER KLAN SEBASTIAN HIGHLAND WWTP AVFLUENT WASTEWATER FLOW SUM 1ARY P.5 14t,0e4 an, 4A'c7c C,APAC1<'f AS VE MJ17e• F -. m 0= 44() E7 t%• 444 V'MA'Stf2 V*CCCCE0 7S, OOM 6DD w4%. A&W-P6�6 FIA.+ CAM67" LOS SSS MSA C&P*Wrt GJRISJR1ptlR-S-314-2. tab 050694 HAI #92-023.07 4-12 ly(ON'I'HLy AVERAGE DAILY THRF:LMVC►n AVERAGE DAILY MAXUIUM DAILY MONTHIYEAR FLOW MGD FLOW MGD) FLOW (MGD AN,1991 0.113 01131 FEB,1941 0.119 0.113 0.154 MAR,1941 0.119 0.117 0.146 APRM,1991 0.118 0.119 p,134 MAY,1991 0.108 0,1 15 0.146 UNE,1991 0.103 0.110 0.124 Y,1991 01129 0,113 UG,1991 0.109 0.114 O.ld2 SEP,1991 NIA NIA NIA OCT.1991 0.127 0.122 0,174 NOV,1991 0.105 0.114 0,132 DEC,1991 0.106 0.113 0.141 AN,1992 0.113 0.108 0.170 FEB,1992 0.112 0.110 0114" I NIAR 1992 0.106 0.110 Q 146 APRIL, 1992 01082 0.100 0.100 MAY, 1992 0.081 0.090 01094 NH, 1992 0,083 0.082 0.122 ULY,1992 0.083 0.082 1 0.102 AUG, 1992 0.084 0.083 0.100 SEP, 1992 0.091 0.086 0.124 OCT1902 0.081 0.085 0.108 NOV, 1992 0.053 0.075 0.070 DEC11992 0,052 0.062 0.068 AN,1993 0.055 0.053 0,076 FEH,1993 0.055 0.054 0.078 MAR, 1993 0.074 0.061 0.191 APRIL, 1993 0.064 0.064 0.086 MAY, 1993 0.051 0.063 0•064 JUNE,199 0.057 0.057 0,104 ULY, 1993 01060 0.056 0.070 UG, 1993 0.065 0.061 0.092 SLP,1993 0.080 0.068 0.134 4 OCT,1993 0.080 0.048 0.112 K NOV,1993 0.076 0.052 0.096 IC DEC, M3 0.077 0.051 0.092 14t,0e4 an, 4A'c7c C,APAC1<'f AS VE MJ17e• F -. m 0= 44() E7 t%• 444 V'MA'Stf2 V*CCCCE0 7S, OOM 6DD w4%. A&W-P6�6 FIA.+ CAM67" LOS SSS MSA C&P*Wrt GJRISJR1ptlR-S-314-2. tab 050694 HAI #92-023.07 4-12 NOV 07 '96 02:23PM CITY OF SEBRSTIPI P.6 it t+ GI is I CITY OF SERAS77AN WATER AND WASTEWATER MASTER PLAN 60 -PERCENT S URM17TAL PREPARED FOR: CITY OF SEBAS77AN 1225 MAIN STREET SEBASTIAN, FLORIDA 32955 PREPARED BY: IIARTMAN & ASSOCIATES, INC. 201 EAST PINE STREET, SUITE 1000 ORLANDO, FLORIDA 32301 APRIL, 1994 HAI#92-023.07/pt/R-S-3 02:2SPII CITY OF SEBRSTIM P.7 1 -hp motor. The emergency generator was a Kohler Fast Response II with a capacity of 60 kw. Due to the insufficient capabilities of the Sebastian Lakes WWTP to Perform satisfactorily without major improvements, and because the wastewater flows experienced and Projected from the Sebastian Lakes service area are unlikely to adversely affect the treatment pro(= at the Sebastian Highlands WWTP, it is being considered that the Sebastian Lakes WWTP will be converted to a pump station upon its acquisition by the City. The pump station will transport the Sebastian Lakes service area wastewater flow to the Sebastian Highlands WWTP for treatment.' The Sebastian Highlands wastewater system comprises of a collection, transmission, Lwatment and effluent disposal system which presently provides wastewater service to 569 accounts. With the incorporation of the Sebastian lakes and Park PlacJ' FWm Lake Club service areas into the Sebastian Highlands wastewater system, the number of accounts that have wastewater service provided for is expected to increase to approximately 889. The Sebastian Highlands WWTP has a design capacity of 0.300 MGD on an average daily basis, but is limited to a armitted caoacity of 0 142 MGD on an annual average daily basis due to the rated capacity of the effluent disposal facilities. The facility operates pursuant to FDEP opting permit (No. D031-233039) which expires on September 28, 1998. A copy of this permit is presented in Appendix B. Summarized in Table 4-5 are the specifications and design criteria of the Sebastian Highlands WWTP. Illustrated in Figure 4-5 is a site plan of the Sebastian Highlands The Sebastian Highlands W-WTP is pern i -ed as an extended aeration, activated sludge process. Illustrated in Figures 4-6 and 4-7 are the hydraulic profile and process flow schematic of the Sebastian Highlands WWTP, respectively. Raw wastewater enters the City's Sebastian Highlands WWTP through a 8 -inch force main. Flow through this force main is provided by a number of lift stations located throughout the City of Sebastian's wastewater collection system. The influent flow passes through a manually cleaned bar screen. The bars are spaced to allow for selective removal of objects (i.e., rags, roots, etc.) which could GMIWcI/R-S 3/Sec4. rpt 14AI#92-023.07 4-20 041894 NOV 07 6 02:22P11 CIT'r OF SEERSTIF=M - i:. "t . P. 8 .., 5 Florida Department of i"x I;.:, :• Environmental Protection Y ��T i993 Lawton Chiles Governor Ga ��. Vvla Central District x�'ra 3319 Maguire Boulevard, Suite 232 Virginia ei) r'MI Orlando, Florida 32803-3767 Sarratary Permittee: General Development Dtilities, Inc. 2601 South Eayshore Drive Miami, FL 33133. Attention: Charles E, Pancher president I. D. Number: 3031ROS280 Permit Humberr D031-233039 Expiration Date: 09/28/98 County: Indian River Project: Sebastian'Highlands, STP This permit is issued under the provisions of Chapter(e) 403, Florida Statutes, and Florida Administrative Code Rule(s) 17-4, 17-600, and 17-610 F.A.C. The above named permittee in. hereby autharimpd to perform thework or Operate the facility shown on theapplication and approved drawing(e), planst and other documents attached hereto or on file with the Department and made a part hersof and specifically deaeribed as follows: Operate: A 0.300 HGP design capacity extended aeration wastewater t.-vatment facility. The disinfected reclaimsd wat©r is discharged to around water via three (3) percolation ponds and no discharge to surface waters. Percolation ponds 01 and iF2 have a cembinsd design capacity of 112,900 6PD. Percolation pond d3 has a design capacity of 29,100 GPD: for a total of 142,000 OPD. Flows to this wastewater facility shall be limited to 142,000 GPDr the permitted capacity of the percolation ponds. Locatign: 810 Bailey Drive, City of Sebastian, Indian ?fiver County, r1orida. Tree went Reggired: Secondary treatment and basic disinfection with nitrate nitrogen (1103) not to exceed 12.0 mg/L in the water discharged to the percolation ponds or 10.0 mg/L as measured in the groundwater monitoring compliance well(a). operators Reouirod: This is a class C, category III treatment facility. In accordance with Chapter 17-699, F.A.c. an operator of minimum cartificstion Class c shall be on --nits for three (3) hours Per day for five (5) days par week and one (1) visit each weekend am a minimum. General Conditions are attached to be distributed to the permittee only. DEP FORM 17-1-201(51 Effective November 30, 1982 Page 1 of 6 o,...rn-w wa.. NOV 07 '9E 02:24PM CITY OF SEERSTIFM CITY OF SEBASTIAN GDU PURCHASE OF $3,660,000 WORTH OF ASSETS 1) Water Treatment Plant Property $105,470 (Filbert Street & Manly Avenue Plants) 2) Water Wells and Well Houses $120,319 3) Water Plant Structures, Improvements $907,568 & Equipment 4) Wastewater Treatment Plant Property $149,410 (Bailey Drive Plant) 5) Wastewater Plant Structures, Improvements S701,529 & Equipment 6) Sewage Lift Stations $2a,C31 7) Sewage COIIec'icn System $444,114 S) Water Distribution System $1,134,461 Total $3,65-C,000 CONTRIBUTIONS IN AID OF CONSTRUCTION (CIRC) G J� ;l Sewage Collection System $R�,23 $1,335,73.5 2l `SJatsr Gistrib! tics system Total CIAC $1,277,573 P.9 ❑ ALL DEPARTMENTS ❑ O'Halloran, K. ❑ White, R. ❑ Tarhell, J. ❑ SEE ME ❑ SEND RESPONSE ❑ READ ❑ MAKE COPIES & SEND TO: u City of Sebastian City Manager's Office Thomas W. Frame ❑ Bonacci, G ❑ Votapka, R. ❑ Hill, T ❑ Hanford, J. ❑ Widmann, W ❑ Converse, J TAKE ACTION AS INDICATED: Date0 ❑ Massarelli, R. ❑ Wagner, P. 0�* P G l E ❑ PLEASE EXPLAIN ❑ PREPARE RESPONSE FOR MY SIGNATURE ❑ FACILITATE ❑ FOR YOUR INFORMATION ❑ CIRCULATE TO: LAW OFFICES OF THE INGRAHAM BUILDING ' 25 S.E. 2ND AVENUE SUITE 919 MIAMI. FL 3 3131-5 218 TEL (305) 375-8171 FAX (3051381-7708 TABAS, SINGERMAN SC FREEDMAN, P.A. GARY M. FREEDMAN DEBI EVAUS GALLER 24 EY E V. SIN October 28, 1996 OEL L. TABAS Mr. Thomas W. Frame p e City Manager a Sebastian City Hall Var 1225 Main Street �z2ttro: F` Sebastian, Florida 32958 Re: Citrus Utilities, Inc. v. General Development Utilities, et al. Circuit Case No. 94-0202 CA 03 Dear Mr. Frame: Please be advised that the trial in the above -referenced matter has been continued to week of January 27, through January 31, 1997 at the Indian River County Courthouse, 2000 16 Avenue, Room 274, Vero Beach, Florida. Unfortunately, we do not currently know the actual date and time of the trial at this time but will provide you with such information once it becomes available. Accordingly, please ensure that designated representatives as described in each of the subpoenas addressed to the City of Sebastian are available the week of January 27, 1997. If you have any questions or concerns, please call. Very truly yours, TABAS, SINGERMAN & FREEDMAN, P.A. Gary M. Freedman GMF/Izc cc: Richard E Marcia H. Torpy, Esquire Langley, Esquire LC: G:\CLIENTS\AGC\CITRUS\CORRESPO\FRAME.002 i 'semd �/ ZOI - — k -'A" ,X-� IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CITRUS UTILITIES, INC., CASE NO.: 94-0202 CA 03 Plaintiff, COEY vs. SUBPOENA FO GENERAL DEVELOPMENT UTILITIES, INC., CITY OF SEBASTIAN, and INDIAN RIVER COUNTY, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, VS. CITY OF SEBASTIAN, Cross -Defendant. THE STATE OF FLORIDA: Received _ /0 /6-:5- Served /O/�.S/ yr'� Time / ' %357 By �//ix�,rJ6 7rri . • r CPS# MARTA M. DIAZ TO: THE CITY OF SEBASTIAN THE PERSON WITH THE MOST KNOWLEDGE OF THE OPERATION OF THE SEBASTIAN HIGHLANDS WATER AND WASTE WATER SYSTEM (THE "SYSTEM") INCLUDING THE USE OF THE WASTE WATER CAPACITY By serving Mr. Thomas W. Frame, City Manager Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 YOU ARE HEREBY COMMANDED to appear before the Honorable Robert R. Makemson, Judge of said Court, at the Indian River County Courthouse, 2000 16 Avenue, Room 274, Vero Beach, Florida on Monday, November 4, 1996 at 9:00 a.m. to testify in this action. If you fail to appear, you may be in contempt of Court. Case No.: 94-0202 CA 03 Subpoena for Trial Page 2 Your are subpoenaed to appear by the following attorneys and unless excused from this Subpoena by these attorneys or the Court you shall respond to this Subpoena as directed. WITNESS my hand and seal of said Court on October =2S , 1996. Gary M. Freedman, Esquire Florida Bar No.: 727260 Attorney for Defendant Tabas Singerman & Freedman, P.A. 25 S.E. 2 Avenue, Suite 919 Miami, Florida 33131 (305)375-8171 Courtesy copy provided to: Richard E. Torpy, Esquire Attorney for City of Sebastian and Joseph lanno, Jr., Esquire Attorney for Citrus Utilities CITY.Sep JEFFREY K. BARTON As Clerk of the Court As Deputy Clerk At this time we do not know whether this case will be called for trial at the time and place indicated on this Subpoena. Trial in this action is presently set for the period commencing November 4, 1996. Please contact the attorney who has subpoenaed you as soon as possible regarding the time that your attendance is required. IN ACCORDANCE WITH THE AMERICANS WffH DISABILITIES ACT, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE JURY CLERK NOT LATER THAN SEVEN (7) DAYS PRIOR TO THE PROCEEDING AT2007016T O1ENUE, VER (7DD) H, FL 32960 OR CALL 407-770-5185, LAW OFFICES OF TABAS, SINGERMAN & FREEDMAN, P.A. October 24, 1996 Mr. Thomas W. Frame City Manager Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 THE INGRAHAM BUILDING 25 S.E. 2ND AVENUE SUITE 919 MIAMI. FL 33131-5218 TEL (305) 375-8171 FAX (305) 381-7708 GARY M. FREEDMAN DEBI EVANS GALLER ANDREA S. HARTLEY MARTE V. SINGERMAN JOEL L. TABAS Re: Citrus Utilities, Inc. v. General Development Utilities, et al. Circuit Case No. 94-0202 CA 03 Dear Mr. Frame: Enclosed please find subpoenas for trial requiring the attendance of the following individuals at the trial scheduled in the above referenced matter during the week of November, 4, 1996 at the Indian River County Courthouse, 2000 16 Avenue, Room 274, Vero Beach, Florida: Custodian of Records for the City of Sebastian; and The person with the most knowledge of the operation of the Sebastian Highlands Water and Waste Water System (the "System") including the use of the water capacity. Unfortunately, we do not currently know the exact time of the trial in this matter. Accordingly, upon receipt of the subpoena, kindly have the witnesses call my office and provide us with a telephone number so that we can notify you when we learn when this case will be tried. In this way, we will attempt to minimize any inconvenience. Thank you for your attention to this matter. Very truly yours, TABAS, SINGERMAN & FREEDMAN, P.A. Gary M. Freedman GMF/Izc Enclosure cc: Richard E. Torpy, Esquire Marcia H. Langley, Esquire LC: G:\CLIENTS\AGC\CITRUS\C O RR ESPO\FRAM E.001 ❑ ALL DEPARTMENTS ❑ O'Halloran, K. ❑ White, R. ❑ Tarbell, J. ❑ SEE ME ❑ SEND RESPONSE ❑ READ 11 MAKE COPIES & SEND TO: 13 City of Sebastian City Manager's Office Thomas W. Frame ❑ Bonacci, G ❑ Votapka., R. ❑ Hill, T ❑ Hani ford, J ❑ Widmann, W ❑ Converse, J TAKE ACTION AS INDICATED: Date LG A ❑ Massarelli, R. ❑ Wagner, P. A L)- ��- � ❑ PLEASE EXPLAIN ❑ PREPARE RESPONSE FOR MY SIGNATURE ❑ FACILITATE FOR YOUR INFORMATION ❑ CIRCULATE TO: CITRUS UTILITIES, INC., Plaintiff, vs. GENERAL DEVELOPMENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, VS. CITY OF SEBASTIAN, Cross -Defendant. IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94-0202 CA 03 r3' „ry s1 o QCT 1996 O0 Rece�ag d \ fl City Mice TO: BEVIN A. BEAUDET % Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. Post Office Box 150 Suite 505 West Palm Beach, Florida 33402 NOTICE OF TAKING DEPOSITION DUCES TECUM — LEOZ OticotkOPP PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of Beavin A. Beaudet on Wednesday, October 23, 1996, at 3:00 p.m. at the office of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Esperanto, 222 Lakeview Avenue, Suite 1400, West Palm Beach, Florida upon oral examination for purposes of TABAS. SINGERMAN & FREEDMAN. P.A. Cop1ed to Client SUITE 919 25 SCJTHEAST SECOND AVENUE MIAMI. FLORIDA 3313) - 1538 TEL. (305) 375 -8171 FAX 1305, 351 -77C5 Case No.: 940202 CA 03 discovery and for use as evidence in said cause, for use at trial, or for such other purposes as are permitted under the rules of this Court. The Deponent is hereby directed to produce all documents requested in Exhibit "A" attached to this Notice. Said deposition will be taken before a Notary, or any other officer authorized to administer oaths by the laws of the State of Florida, and a person who is neither a relative nor employee of such attorney or counsel, and who is not financially interested in the action. Said deposition to be taken pursuant to the Florida Rules of Civil Procedure and will continue from day to day until complete. I HEREBY CERTIFY that a true and correctcopy of the foregoing was forwarded by facsimile and U.S. Mail to Joseph ianno, Jr., Esquire, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., attorneys for Citrus Utilities, Inc., Post Office Box 150, West Palm Beach, Florida 33402; Richard E. Torpy, Esquire, Amundsen Moore & Torpy, attorneys for the City of Sebastian, 200 South Harbor City Boulevard, Suite 203, Melbourne, Florida 32901; and Char/es P. Vitunac, Esquire, Indian River County, 1840 25 Street, Vero Beach, Florida 32960-3384 this 1�?day of October, 1995. Fp ('Gary M. Fre Florida Bar No.: 727260 TABAS, SINGERMAN & FREEDMAN, P.A. Attorneys for General Development Utilities, Inc. 919 Ingraham Building 25 Southeast Second Avenue Miami, Florida 33131-1538 Telephone: (305) 375-8171 Telefax: (305) 381-7708 Copy to: Florida Realtime Reporting Services, Inc. LC: G:\CLIENTS\AGCICITRUSTLEAD INMeEAU DE ADI 2 TABAS. SINGERMAN & FREEDMAN. P.A. SUITE 919 a5 SCUTHEAST SECOND AVENUE MIAMI. FLORIDA 33131 - 1538 TEL. 13051 275-617, FAX 13CS1 301 -.-C9 Case No.: 94-0202 CA 03 EXHIBIT "A" Please bring to your deposition the following documents: 1. All documents evidencing, showing or reflecting any and all reports, analyses and/or evaluations prepared with respect to expert testimony in this matter. 2. All documents provided by plaintiff, or anyone on plaintiff's behalf, upon which you relied or reviewed in formulating your opinion in this matter. 3. A current curriculum vitae. 4. All texts, periodicals, treatises or any other resource which you used to support your opinion in this matter. 3 TABAS, SINGERMAN S FREEDMAN. P.A. SUITE 919 25 SOUTHEA5T SECCNO AVENUE MIAMI, FLORIDA 33131 - 1538 c_. 3051 375 - 817' FAX 3C5, 38, - --Ca ,MCoNppP OCT 15 1996 CITRUS UTILITIES, INC., Plaintiff, VS. GENERAL DEVELOPMENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, VS. CITY OF SEBASTIAN, Cross -Defendant. IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94-0202 CA 03 TO: RICHARD GRAVES Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. Post Office Box 150 West Palm Beach, Florida 33402 NOTICE OF TAKING DEPOSITION PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of RICHARD GRAVES on Wednesday, October 23, 1996, at 10:00 a.m. at the office of Joseph lanno, Jr., Esquire, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Esperanto, 222 Lakeview Avenue, Suite 1400, West Palm Beach, Florida upon oral examination for purposes of discovery and for use as evidence in said cause, for use at trial, or for such other purposes as are permitted under the rules of this Court. Copied to Client TABAS. SINGERMAN & FREEDMAN. P.A. SUITE 919 25 SOUTHEAST SECONC AVENUE MIAMI. FLORIDA 33131 - 1535 • 'L. .305r 3'5 -91:1 FAX 3C51 2S Case No.: 94-0202 CA 03 Said deposition will be taken before a Notary, or any other officer authorized to administer oaths by the laws of the State of Florida, and a person who is neither a relative nor employee of such attorney or counsel, and who is notfinancially interested in the action. Said deposition to be taken pursuant to the Florida Rules of Civil Procedure and will continue from day to day until complete. I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded by facsimile and U.S. Mail to Joseph lanno, Jr., Esquire, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., attorneys for Citrus Utilities, Inc., Post Office Box 150, West Palm Beach, Florida 33402; Richard E. Torpy, Esquire, Amundsen Moore & Torpy, attorneys for the City of Sebastian, 200 South Harbor City Boulevard, Suite 203, Melbourne, Florida 32901; and Charles A Vitunac, Esquire, Indian River County, 1840 25 Street, Vero Beach, Florida 32960-3384 this / /I day of October, 1995. l Gary M. Freedman Florida Bar No.: 727260 TABAS, SINGERMAN & FREEDMAN, P.A. Attorneys for General Development Utilities, Inc. 919 Ingraham Building 25 Southeast Second Avenue Miami, Florida 33131-1538 Telephone: (305) 375-8111 Telefax: (305) 381-7708 Copy to: Florida Realtime Reporting Services, Inc. LC: G:%CLIENTS\AGCICITRUSTLEADINMISRAVES.ND 1 2 TABAS, SINGERMAN S FREEDMAN, P.A. SUITE 319 --5 SOUTHEAST SECOND AVENUE MIAMI, FLORIDA 33121 -'. S38 • 'EL. x3051 37S -31 FAX Incs, 381 -�S 11 IirlVil��►r.m CITRUS UTILITIES, INC., Plaintiff, vs. GENERAL DEVELOPN4ENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, VS. CITY OF SEBASTIAN, Cross -Defendant. IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94-0202 CA 03 TO: J. D. SMITH Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. Post Office Box 150 West Palm Beach, Florida 33402 NOTICE OF TAKING DEPOSITION oN'Otkow PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of J. D. SMITH on Wednesday, October 23, 1996, at 1:00 p.m. at the office of Joseph lanno, Jr., Esquire, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Esperanto, 222 Lakeview Avenue, Suite 1400, West Palm Beach, Florida upon oral examination for purposes of discovery and for use as evidence in said cause, for use at trial, or for such other purposes as are permitted under the rules of this Court. Copied to Client TABAS, SINGERMAN S FREEDMAN, P.A. SUITE 319 25 SOUTHEAST SECOND AVENUE MIAMI, rLORIOA 33131 - 1538 TEL.-3CS137S-8111 FAX 4305:351 --7C8 Case No.: 940202 CA 03 Said deposition will be taken before a Notary, or any other officer authorized to administer oaths by the laws of the State of Florida, and a person who is neither a relative nor employee of such attorney or counsel, and who is not financially interested in the action. Said deposition to be taken pursuant to the Florida Rules of Civil Procedure and will continue from day to day until complete. I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded by facsimile and U.S. Mail to Joseph ianno, Jr., Esquire, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., attorneys for Citrus Utilities, Inc., Post Office Box 150, West Palm Beach, Florida 33402; Richard E. Torpy, Esquire, Amundsen Moore & Torpy, attorneys for the City of Sebastian, 200 South Harbor City Boulevard, Suite 203, Melbourne, Florida 32901; and Char/es P. Vitunac, Esquire, Indian River County, 1840 25 Street, Vero Beach, Florida 32960-3384 this //qday of October, 1995. :--,Gary M. Freedman Florida Bar No.: 727260 TABAS, SINGERMAN & FREEDMAN, P.A. Attorneys for General Development Utilities, Inc. 919 Ingraham Building 25 Southeast Second Avenue Miami, Florida 33131-1538 Te!ephone: (305) 375-8171 Telefax: (305) 381-7708 Copy to: Florida Realtime Reporting Services, Inc. LC: G:(CLIENTS\AGC%CITRL SI PLEAD] N G%S MITHAD t 2 TABAS, SINGERMAN & FREEDMAN, P.A. SUITE 919 25 SOUTHEAST SECOND AVENUE MIAMI, FLORIDA 33131 - 1538 TE-. 3051 375 - 81" FAX 3CS1351 - 7-75 OCT 15 ,996 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR -- -------- INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94-0202 CA 03 CITRUS UTILITIES, INC., Plaintiff, VS. GENERAL DEVELOPMENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, VS. CITY OF SEBASTIAN, Cross -Defendant. TO: GARY FRESE, ESQUIRE Frese, Nash & Torpy, P.A. 930 South Harbor City Boulevard Suite 505 Melbourne, Florida 32901 NOTICE OF TAKING DEPOSITION ON GPfNpAR PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of Gary Frese, Esquire on Friday, October 18, 1996, at 1:30 p.m. at the office of Joseph lanno, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Esperanto, 222 Lakeview Avenue, Suite 1400, West Palm Beach, Florida upon oral examination for Copied to Client TASAS. SINGERMAN 6 FREEDMAN, P.A. SUITE 919 RS SOUTHEAST SECCNO AVENUE MIAMI. FLORIDA 33131 - IS39 `-. 13CS- 3'5-31]! _>:< 3C5', 32! Case No.: 94-0202 CA 03 purposes of discovery and for use as evidence in said cause, for use at trial, or for such other purposes as are permitted under the rules of this Court. Said deposition will be taken before a Notary, or any other officer authorized to administer oaths by the laws of the State of Florida, and a person who is neither a relative nor employee of such attorney or counsel, and who is not financially interested in the action. Said deposition to be taken pursuant to the Florida Rules of Civil Procedure and will continue from day to day until complete. I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded by facsimile and U.S. Mail to Joseph ianno, Jr., Esquire, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., attorneys for Citrus Utilities, Inc., Post Office Box 150, West Palm Beach, Florida 33402; the above addressee; and Richard E. Torpy, Esquire, Amundsen Moore & Torpy, attorneys for the City of Sebastian, 200 South Harbor City Boulevard, Suite 203, Melbourne, Florida 32901 and Gary Frese, Esquire, Frese, Nash & Torpy, P.A., 930 South Harbor City Boulevard, Suite 505, Melbourne, Florida 32901, this /�� day of October, 1995. Gary M. Freede Florida Bar No.: 7f7260 TABAS, SINGERMAN & FREEDMAN, P.A. Attorneys for General Development Utilities, Inc. 919 Ingraham Building 25 Southeast Second Avenue Miami, Florida 33131-1538 Telephone: (305) 375-8171 Telefax: (305) 381-7708 LC: G:1CLIENTS%AG CICITRU S%PLEAD ING',FRESE.N D 1 2 TABAS. SINGERMAN & FREEDMAN. P.A. SU17E 319 25 SOUTHEAST SECCND AVENUE MUMI. FLORIDA 33131 - 1538 TEL. 3C51 375 -3171 FAX 1305- Sal -CB I CITRUS UTILITIES, INC., Plaintiff, vs. GENERAL DEVELOPMENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. FA GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, vs. CITY OF SEBASTIAN, Cross -Defendant. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94 -0202 -CA -3 A AW 1996 Received City man'geoffice NOTICE OF TAKING DEPOSITION OF CHARLES C. HEARTSFIELD (Telephonic) TO: COUNSEL OF RECORD w A PLEASE TAKE NOTICE that pursuant to Florida Rules of Civil Procedure, that on Tuesday, July 16, 1996, beginning at the hour of 2:00 p.m. by telephone at the offices Gary M. Freedman, Esquire, Tabas, Singerman, Freedman, P.A., Attorneys for General Development Utilities, Inc., 919 Ingraham Building, 25 Southeast Second Avenue, Miami, FL 33131-1538, before a court reporter authorized by law to take the depositions in the State of Florida, the Defendant, City of Sebastian, will, upon oral examination, take the deposition of Charles C. Heartsfield. Such oral examination will continue from day to day until completed. You are hereby notified to appear and take part in said examination as you may be advised, and as shall be fit and proper. This deposition is being taken for the purposes of discovery, for use as primary evidence or for such other purposes as are permitted under applicable Statutes and Rules of Court. In accordance with the Americans With Disabilities Act, persons with disabilities needing special accommodations to participate in this proceeding should contact the jury clerk not later than seven (7) days prior to the proceeding, at 2000 16th Avenue, Vero Beach, Florida 32960 or call (407) 770-5185, Ext. 107, or TDD (800) 770-5155. I HEREBY CERTIFY that a true copy hereof was furnished and U.S. Mail to Gary M. Freedman, Esq., Tabas, Singerman & Freedman, P.A., Attorneys for Defendant GENERAL 1. DEVELOPMENT UTILITIES, INC., Suite 919, 25 Southeast Second Avenue, Miami, Florida 33131-1538; Joseph Ianno, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Attorneys for Plaintiff; CITRUS UTILITIES, INC., P.A., Post Office Box 150, West Palm Beach, FL 33402; and Charles P. Vitunac, Esquire, Attorney for INDIAN RIVER COUNTY, 1840 25th Street, Vero Beach, Florida 32960-3384, thiaA 1—� day of June, 1996. FRESE, NASH & TORPY, P.A. Attorney for City of Sebastian 930 S. Harbor City Blvd./Suite 505 Melbourne, FL 32901 (407)984-3300 By: chard E. Torpy, Esq. Florida Bar No. 0748072 r�91a»tz7s7q�si -- CO �j JUL 1996 McI IN THE CIRCUIT COURT OF THE Received ij; NINETEENTH JUDICIAL CIRCUIT City Manager's y , IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94 -0202 -CA -3 CITRUS UTILITIES, INC., Plaintiff, vs. GENERAL DEVELOPMENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff vs. CITY OF SEBASTIAN, Cross -Defendant. SECOND AMENDED NOTICE OF TAKING DEPOSITION OF CHARLES C. HEARTSFIELD (Telephonic) TO: COUNSEL OF RECORD PLEASE TAKE NOTICE that pursuant to Florida Rules of Civil Procedure, that on Friday, July 19, 1996, beginning at the hour of 2:00 p.m. by telephone at the offices Gary M. Freedman, Esquire, Tabas, Singerman, Freedman, P.A., Attorneys for General Development Utilities, Inc., 919 Ingraham Building, 25 Southeast Second Avenue, Miami, FL 33131-1538, before a court reporter authorized by law to take the depositions in the State of Florida, the Defendant, City of Sebastian, will, upon oral examination, take the deposition of Charles C. Heartsfield. Such oral examination will continue from day to day until completed. You are hereby notified to appear and take part in said examination as you may be advised, and as shall be fit and proper. This deposition is being taken for the purposes of discovery, for use as primary evidence or for such other purposes as are permitted under applicable Statutes and Rules of Court. In accordance with the Americans With Disabilities Act, persons with disabilities needing special accommodations to participate in this proceeding should contact the jury clerk not later than seven (7) days prior to the proceeding, at 2000 16th Avenue, Vero Beach, Florida 32960 or call (407) 770-5185, Ext. 107, or TDD (800) 770-5155. I HEREBY CERTIFY that a true copy hereof was furnished and U.S. Mail to Gary M. Freedman, Esq., Tabas, Singerman & Freedman, P.A., Attorneys for Defendant GENERAL DEVELOPMENT UTILITIES, INC., Suite 919, 25 Southeast Second Avenue, Miami, Florida 33131-1538; Joseph Ianno, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Attorneys for Plaintiff CITRUS UTILITIES, INC., P.A., Post Office Box 150, West Palm Beach, FL 33402; and Charles P. Vitunac, Esquire, Attorney for INDIAN RIVER COUNTY, 1840 25th Street, Vero Beach, Florida 32960-3384, this )A day of July, 1996. FRESE, NASH & TORPY, P.A. Attorney for City of Sebastian 930 S. Harbor qity Blvd./Suite 505 Melbou, FL 32901 (407) 98 3 /1 I ar"�� f F/. Torpy, Esq. Bar No. 0748072 } CITRUS UTILITIES, INC., Plaintiff, vs. GENERAL DEVELOPMENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff; vs. CITY OF SEBASTIAN, Cross -Defendant. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94 -0202 -CA -3 3 k v ju- AMENDED NOTICE OF T"ICING DEPOSITION OF CHARLES C. HEARTSFIELD (Telephonic) TO: COUNSEL OF RECORD PLEASE TAKE NOTICE that pursuant to Florida Rules of Civil Procedure, that on Tuesday, July 17, 1996, beginning at the hour of 2:00 p.m. by telephone at the offices Gary M. Freedman, Esquire, Tabas, Singerman, Freedman, P.A., Attorneys for General Development Utilities, Inc., 919 Ingraham Building, 25 Southeast Second Avenue, Miami, FL 33131-1538, before a court reporter authorized by law to take the depositions in the State of Florida, the defendant, City of Sebastian, will, upon oral examination, take the deposition of Charles C. Heartstield. Such oral examination will continue from day to day until completed. You are hereby notified to appear and take part in said examination as you may be advised, and as shall be fit and proper. This deposition is being taken for the purposes of discovery, for use as primary evidence or for such other purposes as are permitted under applicable Statutes and Rules of Court. In accordance with the Americans With Disabilities Act, persons with disabilities needing special accommodations to participate in this proceeding should contact the jury clerk not later than seven (7) days prior to the proceeding, at 2000 16th Avenue, Vero Beach, Florida 32960 or call (407) 770-5185, Ext. 107, or TDD (800) 770-5155. I HEREBY CERTIFY that a true copy hereof was furnished and U.S. Mail to Gary M. Freedman, Esq., Tabas, Singerman & Freedman, P.A., Attorneys for Defendant GENERAL DEVELOPMENT UTILITIES, INC., Suite 919, 25 Southeast Second Avenue, Miami, Florida 33131-1538; Joseph Ianno, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Attorneys for Plaintiff; CITRUS UTILITIES, INC., P.A., Post Office Box 150, West Palm Beach, FL 33402; and Charles P. Vitunac, Esquire, Attorney for INDIAN RIVER COUNTY, 1840 25th Street, Vero Beach, Florida 3 2960-3 3 84, this L day of July, 1996. FRESE, NASH & TORPY, P.A. Attorney for City of Sebastian 930 S. Harbor qty Blvd./Suite 505 Melb(407' 901 (407) !:A No. 0748072 # �6 ooYS��`t FRESE, NASH & TORPY, EA. ATTORNEYS AT law Gwnr B. FRS= to 930 S. Hinson CNrr BLvO. CHARLES IAN NAM ' svNTE sos VINCENT G. Tonrr, in. $ GXWO" S. Fl NsxN t 4,7 't RECEIVED MELBOURNE, FLOxmA 32901 RNcHANO E. TbR (497) 98F8890 J. FATENCE ANDERSON t L. ANDERSON FA aan 981.37{1 SIMMuvA STEPABN P. FrEDsrox teptember t BO CZKT[IIEO III TwxwrtON FATnucE F. RDca ► BoARO cxxT W WD , TRas)B & a CBIS BATES FOSTER TnnzzE�AT BOARD Cm�:mm ut C:vU. TR... I.9N OP COUNSEL 0 Bowes C=Tnnxv w REAL F.SP I.Aw er 9, 1996 City of Sebastian 1125 Main Street Sebastian, FL 32958 Dear Sir/Madam: Please be advised that effective immediately attorney Richard E. Torpy has resigned from the law firm of Frese, Nash & Torpy, P.A. The law firm of Frese, Nash & Torpy, P.A. will continue to practice law at its present location. As of September 9, 1996, Mr. Torpy and his secretary, Leah Stevenson, will be located at The Spectrum Office Building, 200 S. Harbor City Boulevard, Suite 203, Melbourne, Florida 32901. The name of Mr. Torpy's new law firm will be Amundsen, Moore & Torpy and the new phone number will be (407) 724-6262. Phone messages and mail received at the offices of Frese, Nash & Torpy, P.A. will be delivered daily torr. Torpy during this period of transition. The law firm of Frese, Nash & Torpy, P.A. and its professional employees will be available at their present location and telephone number. Our primary concern is that your file continue to receive the attention it requires and that this transition take place as smoothly as possible. Pursuant to the Lawyers' Code of Professional Responsibility, the decision as to which lawyer or law firm you choose to handle your file is one that is completely and totally yours. We have a legal and ethical obligation to do everything we can to handle your file and to not in anyway jeopardize your claim(s). Until such time as you have notified us in writing of how you wish to proceed, we will do everything we can to continue your representation without interruption. However, we must have your decision as quickly as possible. To simplify the process, we have enclosed an exact copy of this letter along with a pre - addressed and pre -stamped envelope. Please complete the bottom portion of this letter and return it immediately in the enclosed envelope. If you or your family have any questions about this decision or what is being asked of you in this letter, you may call either office or schedule an appointment. -177P - 7 September 9, 1996 Page Two We regret any inconvenience that this may cause but assure you that our primary concern is the best interest of your case. Thank you for your attention. FRES AS TORPY, P.A. AMUNDSEN, M.00�RE & TORPY By: By: Grego en, President Richard E. Torpy, President I, City Manager/City of Sebastian , do hereby request that my case Citrus Utilities be handled by the following law firm: _ FRESE, NASH & TORPY, P.A. Your Signature ✓ AMUNDSEN, MOORS & TORPY /D996 Date ❑ ALL DEPARTMENTS ❑ O'Halloran, K. ❑ White, R. ❑ Tarbell, J. ❑ SEE ME ❑ SEND RESPONSE ❑ READ ❑ MAKE COPIES & SEND TO: ❑ City of Sebastian City Manager's Office Thomas W. Frame Date � � �( N, ❑ Bonacci, G. ❑ Haniford.. J. ❑ 1Vlassarelli, R. ❑ Votapka, R. ❑ Widmann. W. ❑ Wagner, P. ❑ Hill, T. ❑ Converse, J. 9 (J4 l eot �p 3,44�zs TAKE ACTION AS INDICATED: ❑ PLEASE EXPLAIN ❑ PREPARE RESPONSE FOR MY SIGNATURE ❑ FACILITATE YOUR INFORMATION 11 CIRCULATE TO: �(FOR CITRUS UTILITIES, Plaintiff, Vs. " Ol�22 r 0 G�\~ee g a Qe 01 Ile i GENERAL DEVELOPMENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. GENERAL DEVELOPMENT. UTILITIES, INC., Cross -Plaintiff, VS. CITY OF SEBASTIAN, Cross -Defendant. IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94-0202 CA 03 L C:- IJ f "iv 1999i�0- 1. . --------------.............. ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT THIS CAUSE came before the Court on August 30, 1996 at 8:30 a.m. on defendant, City of Sebastian's Motion For Summary Judgment and the Court having heard argument of counsel, having reviewed the file including deposition transcripts and affidavits and beina otherwise duly advised in premises, it is hereby ORDERED AND ADJUDGED as follows: 1. Defendant's Motion For Summary Judgment be, and the same is, rranr1.a 2. Pursuant to Fla.R. Civ.P. 1.510, the Court has determined that there is a material fact regarding whether the parties knew and intended that the general listing of "Reflections on the River, Inc." set forth in Exhibit 3.11 to the City of Sebastian, Florida / General Utilities, Inc. Water & Sewer System Purchase and Sale Copied to Client Case No.: 940202 CA 03 Agreement and Exhibit D to the Assignment and Assumption of Business Records, Transferable Permits, Customer Deposits, Developer Agreements and Service Contracts was to include the subdivision of that agreement into the March 4, 1993 Utility Agreement between General Development Utilities, Inc. and Indian River County and the March 4, 1993 Utility Agreement between Citrus Utilities, Inc. and General Development Utilities, Inc. DONE AND ORDERED in Indian River County, Florida, on this day of September, 1996. F SIGNED AND DATED s Copies furnished to: Joseph lanno, Jr., Esquire Richard E. Torpy, Esquire Charles P. Vitunac, Esquire Gary M. Freedman, Esquire DENY-SJ.ORD 2 Circuit Court SEP 1 619% FRESE, NASH & TORPY, P.A. ArroRNEvs AT LAW GARY B. FRESE }0 CawRLEs IAN NASH t VINCENT G. TOE , JR. GREGORY S. HANSEN RlcR E. ToE J. PAIRICR ANDERSON t LAURA L. ANDERSON STEPNEN P. HImsTON PATRICK R ROCNE CBIS BATES FOSTER OF COUNSEL July 23, 1996 Valarie Settles City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 930 S. FIAREOR Cm BLVD. Su= 505 MELBOURNE, FwRmA 32901 <ao7) 9s4-ssoo FAR (407) 991-8741 1 BOARD CzxT ,,rED IN TAXATON s BOARD CER=ED IN WD , TRL-STS & Es AT BOARD CERTIFIED IN CML TRIAL LAW 0 BOARD CERTIFIED IN REAL ESTATE LAW Re: Citrus Utilities, Inc. v. General Development Utilities, Inc. and City of Sebastian Our File No. 882489.3130 Dear Ms. Settles: As requested, this is a synopsis of the status of the above -referenced case. On July 19, 1996, I took the deposition of Charles Heartsfield. This case had already been noticed for summary judgment. The hearing was set for June 25, 1996. On June 21, 1996, I received an affidavit of Charles Heartsfield stating that he had transmitted certain documents to Mr. Frese (the attorney in our office who handled the closing) which would have probably defeated summaryjudgment. Accordingly, I canceled the summary judgment hearing and noticed Mr. Heartsfield's deposition to clarify his affidavit. I have requested a copy of Mr. Heartsfield's deposition. As soon as I receive a copy of the deposition, I will re -notice this matter for summary judgment. I anticipate the hearing to be set within 45 days of today's date. You had asked me for a summary of the potential of attorney's fees to complete this case. I do not anticipate more than $1,000.00 to $1,500.00 in attorney's fees if we are able to prevail on summary judgment. This, of course, does not include the possibility of an appeal. If we do not prevail on summary judgment, it is very difficult to determine the cost of proceeding to trial. However, I can tell you that virtually all of the discovery I would need to do in preparation for trial has already been Valarie Settles City of Sebastian July 23, 1996 Page -2- done. Therefore, I would only need to notice this matter for trial and proceed to final hearing. If you have further questions, please let me know. Sincerely, FRESE, NASH & TORPY, P.A. Richard E. Torpy RET/Is Enclosure cc: Thomas W. Frame CITRUS UTILITIES, INC., Plaintiff, MIA GENERAL DEVELOPMENT UTILITIES, INC. and CITY OF SEBASTIAN, Defendants. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN.AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 94 -0202 -CA -3 GENERAL DEVELOPMENT UTILITIES, INC., Cross -Plaintiff, vs. CITY OF SEBASTIAN, Cross -Defendant. J NOTICE OF HEARING gay �9s Re Maya ed Cit•) Office 8L YOU ARE HEREBY NOTIFIED that the following matter has been set down for hearing before the Honorable Robert R. Makemeson, Judge of the above -styled Court, in his chambers, Courtroom 274 at the Indian River County Courthouse, 2000 16th Avenue, Vero Beach, Florida 32960 on Tuesday, June 25, 1996 at 9:00 a.m. or as soon thereafter as counsel can be heard: DEFENDANT CITY OF SEBASTIAN'S MOTION FOR SUMMARY JUDGMENT PLEASE BE GOVERNED ACCORDINGLY. I HEREBY CERTIFY that a true copy hereof was furnished and U.S. Mail to Gary M. Freedman, Esq., Tabas, Singerman & Freedman, P.A., Attorneys for Defendant GENERAL DEVELOPMENT UTILITIES, INC., Suite 919, 25 Southeast Second Avenue, Miami, Florida 33131-1538; Joseph Ianno, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Attorneys for Plaintifly CITRUS UTILITIES, INC., P.A., Post Office Box 150, West Palm Beach, FL 33402; and Charles P. Vitunac, Esquire, Attorney for INDIAN RIVER COUNTY, 1840 25th Street, Vero Beach, Florida 32960-3384, this to2i/?-:�d ay of May, 1996. FRESE, NASH & TORPY, P.A. Attorney for City of Sebastian 930 S. Harbor City Blvd./Suite 505 Melbourne, FL 32901 (407)984-33 By. Richard E. Torpy, Esq. Florida Bar No. 0748072