HomeMy WebLinkAboutMinutes of Attorney/Client Session - Jutz MINUTES OF ATTORNEY/CLIENT SESSION
DANIA BEACH CITY COMMISSION
THURSDAY, JUNE 16, 2011 — 5:30 P.M.
1. Call to Order/Roll Call
Mayor Flury called the meeting to order at 5:30 p.m.
Present:
Mayor: Patricia A. Flury
Vice-Mayor: Bobbie Grace
Commissioners: Anne Castro
Walter Duke
C. K. "Mac" McElyea
City Manager: Robert Baldwin
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
2. Attorney/Client Session
Mayor Flury announced:
"We are about to have an Attorney/Client session in accordance with Florida Statute 286.011(8)
regarding the litigation styled as follows:
IN THE CIRCUIT COURT OF THE 17t' JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
Sven H. Jutz, CASE NO.: 09-051261 (04)
Plaintiff,
VS.
City of Dania Beach, Florida,
a Municipal corporation under
the laws of the State of Florida,
Defendant.
City of Dania Beach, Florida,
a Municipal corporation under
the laws of the State of Florida,
Counter-Plaintiff,
Sven H. Jutz a/k/a Ben R. Gluck,
Counter-Defendant,
and
Allegria Entertainment, Inc. d/b/a
Beach Watch Restaurant,
Third-Party Defendant
The session is estimated to last approximately thirty (30) minutes and the following people will be
in attendance at this meeting:
(a) Mayor Pat Flury; Vice-Mayor Bobbie Grace; Commissioner Anne Castro;
Commissioner Walter Duke and Commissioner C. K. McElyea
(b) City Attorney, Tom Ansbro and Special Counsel, and Dan Abbott
(c) City Manager, Robert Baldwin.
These proceedings will be recorded by a certified court reporter and, at the conclusion of all
litigation, the transcript will be made part of the public record.
We will now temporarily adjourn this meeting and proceed to have an Attorney/Client session in the
City Manager's conference room on the second floor. At the conclusion of that meeting, we will
return to re-open the public meeting."
Mayor Flury temporarily adjourned the meeting at 5:35 p.m.
Mayor Flury re-opened the meeting at 6:09 p.m. She announced the Attomey/Client session was
terminated and members of the general public were now invited to return for any further
proceedings or matters.
Minutes of Attorney/Client Session 2
Dania Beach City Commission
Thursday,June 16,2011 —5:30 p.m.
3. Adjournment
Mayor Flury adjourned the meeting at 6:09 p.m.
ATTEST: CITY OF DANIA BEACH
41--�It—
LOUISE�utA _STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
o�pRvs F��rc
Approved: June 28, 2011
� 7
ATEO 1y-
Minutes of Attorney/Client Session 3
Dania Beach City Commission
Thursday,June 16,2011 —5:30 p.m.
CITY COMMISSION OF
DANIA BEACH, FLORIDA
IN RE: SVEN H. JUTZ,
z
lelffihk
x Plaintiff, 'I
r.
A"'
-vs-
CITY OF DANIA BEACH, FLORIDA,
a Municipal corporation under the
laws of the State of Florida,
z
Defendant .
CITY OF DANIA BEACH, FLORIDA,
a Municipal corporation under the
laws of the State of Florida,
Counter-Plaintiff,
_vs-
Sven H. Jutz a/k/a Ben R. Gluck,
Counter-Defendant,
and
Allegria Entertainment, Inc . d/b/a
Beach Watch Restaurant,
Third-Party Defendant .
ATTORNEY/CLIENT SESSION r
Date Taken: June 16, 2011
Time : 5 : 30 p.m.
Place : 100 W. Dania Beach Blvd.
Dania Beach, Florida
Taken by Emily Scott, stenographic reporter
United Reporting, Inc .
1218 SE 3rd Avenue
Fort Lauderdale, Florida 33316
"CONFIDENTIAL"
954-525-2221
Page 2
1 APPEARANCES :
2 Mayor Pat Flury
3 Vice Mayor Bobbie Grace
4 Commissioner Anne Castro
5 Commissioner Walter Duke
6 Commissioner C . K . "Mac" McElyea
7 City Manager Robert Baldwin
f
8 City Attorney Tom Ansbro, Esq .
9 Special Counsel Daniel L . Abbott , Esq .
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
**CONFIDENTIAL**
954-525-2221
Page 3
y
1 Thereupon, the following proceedings were had:
2 MAYOR FLURY: Okay. I am calling this
3 public meeting to order.
4 Louise, if would you call the roll,
5 please?
6 CITY CLERK: Mayor Flury?
7 MAYOR FLURY: Here .
8 CITY CLERK: Vice Mayor Grace?
9 VICE MAYOR GRACE: Here .
10 CITY CLERK: Commissioner Castro?
a
11 COMMISSIONER CASTRO: Here .
t
12 CITY CLERK: Commissioner Duke?
13 COMMISSIONER DUKE: Here .
14 CITY CLERK: Commissioner McElyea?
15 COMMISSIONER McELYEA: Yes, here .
16 CITY CLERK: City Manager Baldwin?
17 CITY MANAGER BALDWIN : Here .
18 VICE MAYOR GRACE : City Attorney Ansbro?
19 CITY ATTORNEY ANSBRO: Here .
20 VICE MAYOR GRACE : Thank you.
21 MAYOR FLURY: Thank you.
22 The time is now 5 : 30, and we are about to
23 have an attorney-client in accordance with
24 Florida Statute 286 . 011 (8 ) regarding the
25 litigation styled as follows : In the Circuit
"CONFIDENTIAL"
954-525-2221
Page 4
1 Court of the 17th Judicial Circuit in and for
2 Broward County, Florida; Case Number 09-051261
3 ( 04 ) -- do you want me to read the whole
4 thing?
5 CITY ATTORNEY ANSBRO: Do you want me to
6 do it?
7 MAYOR FLURY: No, I will do it .
8 It ' s Sven Jutz v. the City of Dania
9 Beach, a municipal corporation under the laws
10 of the State of Florida, Defendant . City of
11 Dania Beach, Florida, a municipal corporation
12 under the laws of the State of Florida .
13 Counter-Plaintiff; Sven Jutz, also known as
14 Ben Gluck, Counter-Defendant, and Allegria
15 Entertainment doing business as Beach Watch
16 Restautrant, third-party defendant .
17 This session is estimated to last
18 approximately 30 minutes, and the following
19 people will be in attendance at this meeting:
20 Mayor Pat Flury, Commissioner Anne Castro,
21 Commissioner Walter Duke, and Commissioner
22 C. K. McElyea, City Attorney Tom Ansbro,
23 Special Counsels Jamie Cole and Dan Abbott --
24 MR. ABBOTT : It ' s Jamie who I think will
25 not be able to join us tonight, Mayor .
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 5
1 MAYOR FLURY: So, we are just saying Dan
2 Abbott, and Jamie Cole is not here .
3 -- City Manager Robert Baldwin, and these
4 proceedings will be recorded by a certified
5 court reporter; and at the conclusion of all
6 litigation, the transcript will be made part
7 of the public record.
8 We will now temporarily adjourn this
9 meeting and proceed to have an attorney-client
10 session in the City Manager' s Conference Room
11 on the second floor.
12 At the conclusion of that meeting, we
13 will return to reopen this public meeting, if
14 appropriate .
15 CITY ATTORNEY ANSBRO: Then we will stop.
16 Did anyone bring the settlement letter
17 with them?
18 MAYOR FLURY: I did.
19 (Whereupon, the proceedings were temporarily
20 adjourned and relocated to the City Manager' s conference
21 room, where they were reopened and proceeded as
22 follows : )
23 CITY ATTORNEY ANSBRO: Okay.
24 MAYOR FLURY: Everybody here?
25 CITY ATTORNEY ANSBRO: Yeah.
xr
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 6
1 Let me quickly kick it off because we
2 just left jury selection, which took most of
3 the day. Then we had our arguments on our
4 motion in limine, at least by our side . That
5 has to do with what we say they can' t bring
6 up, they are not going to talk about .
7 We are trying to show their expert
8 witness on restaurant ownership is not an
9 expert at all . The guy that they have hired
10 is not an expert . We got a lot of their case
11 cut out from a piece of that .
12 You have seen the settlement letter . The
13 total comes out to be about $2 . 46 million to
14 settle . You also saw the cover sheet .
15 Plaintiff ' s attorney said, this is a point of
16 departure to discuss, and he was sending a
17 signal that, that is not my final offer .
18 I told the guy in my deposition. I will
19 always listen to and convey to my client any
20 settlement offer.
21 The Court ordered us to mediation
22 tomorrow at 2 : 30 somewhere on East Las Olas,
23 an accident attorney that does this kind of
24 work that the judge knows .
25 I need a commission representative to
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 7
1 attend. I spoke to Mr. Duke . I thought maybe
2 he would be the best attendee .
3 COMMISSIONER CASTRO: Can I ask why we
4 are going to mediation again?
5 CITY ATTORNEY ANSBRO: Because the Court
6 ordered it .
7 COMMISSIONER CASTRO: But why?
8 CITY ATTORNEY ANSBRO: Because she wants
9 the case to settle, and when the Judge wants
10 to do that . . .
11 COMMISSIONER CASTRO: Okay.
12 CITY ATTORNEY ANSBRO: She reiterated
13 that as we left tonight, that, you know, you,
x
14 the City, have a lot to lose; they have a lot
15 to lose; try to work it out .
16 We pledged that we would go back in
17 there . I always take whatever offers I get to
18 the client .
19 COMMISSIONER CASTRO: No, I understand
20 that . I just don ' t understand the repetitive
21 mediation order . I mean, you are trying to
22 get to court . You are trying to have your
23 day, and if she is going to keep ordering us
24 out, it ' s kind of sending a clear message that
25 we are supposed to -- you know, it ' s almost
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 8
1 like the Court is putting pressure on, and I
2 don' t think that ' s appropriate . That ' s my
3 personal belief .
4 CITY ATTORNEY ANSBRO: I have to tell
5 you -- and Mr. Abbott can tell you better than
6 I, because I haven ' t tried cases in a long y
7 time -- the sense is that courts do not want
8 to go to trial if they can make you avoid
9 them --
10 COMMISSIONER CASTRO: I understand.
11 CITY ATTORNEY ANSBRO: -- which, I will
12 tell you, she took the time to be very careful
13 with this jury, to ask all the questions . Dan
14 got to ask our questions .
15 We have seven people that are -- six men,
16 one woman on the panel, best we could -- we
17 were trying to get better representation but
18 couldn' t get it, and we start Monday at what
19 10 o ' clock, 1 o ' clock?
20 MR. ABBOTT : In the afternoon, yeah, the
21 jury will come back at 1 o ' clock. We will go
22 a little early.
23 CITY ATTORNEY ANSBRO: We anticipate to
24 run the full five days of next week and
25 possibly into -- she warned the jurors, into a.
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 9
1 next week, one or two days of the following
2 week.
3 MAYOR FLURY: You need a representative
4 for mediation?
5 CITY ATTORNEY ANSBRO: Correct .
6 MAYOR FLURY: Walter, you volunteer --
7 COMMISSIONER DUKE : I don ' t mind. Sure .
8 COMMISSIONER CASTRO: Are the Jutzes
9 going to be the room?
10 CITY ATTORNEY ANSBRO: The way they do it `.
11 is you start off at mediation. You meet
12 together --
13 COMMISSIONER CASTRO: I know, but they
14 are going to be there?
15 CITY ATTORNEY ANSBRO: -- for a few
16 minutes and then you do breakouts .
17 COMMISSIONER CASTRO: I understand the
18 breakouts .
19 CITY ATTORNEY ANSBRO: Yes, yes, they
20 have to be .
21 COMMISSIONER CASTRO: No, I think Walter
22 is the perfect candidate because he will send
23 them over the edge .
24 CITY ATTORNEY ANSBRO: I 'm okay with
25 that .
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 10 1
1 COMMISSIONER CASTRO: He will aggravate
2 them. I think that ' s a good thing because
3 Jutz will show his true colors again, and
4 that ' s a good thing: push his buttons .
5 CITY ATTORNEY ANSBRO: I told you last
6 time, I think, what they did to this last
7 mediator --
8 COMMISSIONER CASTRO: I know.
9 CITY ATTORNEY ANSBRO: -- I have never
10 seen in my life .
11 COMMISSIONER CASTRO: Bring it on.
12 CITY ATTORNEY ANSBRO: I have never seen
13 where the mediator was going to leave the
14 mediation after 20 minutes because they
15 offended his integrity. So, I am hoping they
16 do the same kind of stuff in front of the
17 jury, but their lawyer will try to keep them
18 in check.
19 Anyhow, we here to discuss this offer .
20 If you have any counters or anything you want
21 to talk about, we go to mediation tomorrow,
22 send Mr. Duke in with whatever thoughts you
23 have .
24 Let ' s not forget they have money into the
25 restaurant . We think somewhere between 400
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 11
1 and 700 .
2 MR. ABBOTT: The claim is more than that .
3 We haven ' t seen the documentation to support
4 that .
5 CITY ATTORNEY ANSBRO: But the highest
6 number is 856 of stuff they put in.
7 COMMISSIONER McELYEA: In the shell .
8 CITY ATTORNEY ANSBRO: Now, they are
9 offering as part of the deal, you keep all our
10 plates and chairs and stuff . We don ' t want
11 it . It ' s crap. It ' s secondhand stuff . I
12 want all of that to come out of there . It has
13 no value to us, and we will tell them that
14 tomorrow; but, certainly, there is a value in
15 what they are leaving behind, which is a value
16 to the extent --
17 MAYOR FLURY: Don ' t forget, we did give
18 them a shell . We gave them a shell . We gave
19 them nothing. That was the deal .
20 They are right on a couple of accounts .
21 The one account is, nobody wanted to touch it .
22 We went out with RFQs and RFPs and everything
23 else, and nobody wanted to touch it because
y.
24 nobody wanted to put the investment in it .
25 CITY ATTORNEY ANSBRO: Well, that ' s not
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 12
1 completely true . As you well know, Tarpon
2 Bend was here and standing at the door --
3 MAYOR FLURY: No, was prior to this .
4 Remember, that was two years prior to that,
5 Tom.
6 CITY ATTORNEY ANSBRO: That is correct .
7 MAYOR FLURY: That was way -- that was a
8 separate issue . That was a whole different
9 issue .
10 CITY ATTORNEY ANSBRO: That ' s correct .
11 That fell apart .
12 MAYOR FLURY: So, that fell apart .
Y
13 Different subject, new subject, two 2
14 years later, we started, and we agreed to put
h
15 the shell up, whole new issue .
16 CITY ATTORNEY ANSBRO: Correct .
17 MAYOR FLURY: When we did, nobody was
18 interested. So, not only did they come in,
19 but they finished the place off, and it took a
20 lot of labor to do that, too.
21 The only one thing I will say in their
22 favor -- because I know they are bad people --
23 they are terrible -- but they put incredible
24 hours putting that thing together, hours and
25 hours . That ' s the only thing I am giving them
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 13
1 credit for .
2 But at any rate, I know they have done a
3 lot of terrible things, and it ' s an awful
4 restaurant . Nobody goes there .
5 I am, personally, a little worried about m
6 the case . Now, maybe you can convince us that
7 we really have a great case . I am a little
8 worried about the case .
9 If the price were a whole lot less than
10 this, I would love to see us get out and
11 settle this thing and get the place back
12 again.
13 CITY ATTORNEY ANSBRO: Well, I will tell
14 you this . After the Court ruled yesterday on
15 our motion for summary judgment, they
16 presented to the Court -- they have 32 claims
17 against us, what they call counts : You did
18 this . They threw it all against the wall
19 hoping something would stick.
20 Dan eviscerated about half of that or
21 more . So, you can ' t bring that up. You can ' t
22 bring that up. You don ' t have a claim about
23 that . Now what we have is the residue of the
24 case .
25 They are still claiming we promised a two
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 14
1 story; they got a one-story and we hurt them.
2 The judge is leaving that in for the jury to
3 handle . I am confident I can deal with that;
4 and Ken Cook, the building official, can
5 explain why we didn' t go forward.
6 Why didn' t they seek reformation, rent
7 reduction or walk away? They had all those
8 opportunities if we couldn ' t build the
9 two-story that they wanted. They didn ' t do
a
10 that .
11 COMMISSIONER DUKE: Based on your
12 assessment of the jury selection, would you
13 opine on our chances?
14 MR. ABBOTT : Sure . I was going to start
15 a little bit further back, but I don ' t mind.
16 We have -- we have, in the past, given
17 you some estimates for that, and they haven' t
18 changed substantially.
19 Here is our thoughts : We have good
20 defenses, we think, to their claims . Their
21 claim -- I mean, their claims are scatter
22 shot . Their main claims are, first of all,
23 that we promised to build them a bigger
24 two-story restaurant than we did, and there is %
25 some factual support for that . Now, the lease
�...
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 15
1 that they signed didn ' t call for it .
2 There is no doubting the fact that when
3 this arrangement was being negotiated, what I
4 think both parties had hoped for was to build
5 a two-story structure, and it wasn ' t until
6 after they signed the lease that it came to
7 their attention they only had a one-story
8 structure . So, they want to talk about that .
9 The other, what I would call, substantial '.
10 claim is for the air-conditioning for the
11 premises . There is no doubt that the
12 air-conditioning that ' s installed isn ' t quite
13 enough, just the capacity of the
14 air-conditioning is not enough.
15 It ' s the -- it ' s our position, the City' s
16 position, it ' s my position, that what the
17 lease called for, though, for
18 air-conditioning -- just like so much of the
19 other provisions of the lease -- was for the
20 City to build the shell, including a shell
;a
21 amount of air-conditioning and that it was
22 their responsibility to build out, including
23 putting in supplemental air-conditioning for
24 whatever they ultimately built out .
25 Some arguments against that, though, are,
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 16
1 there was correspondence, really, back and
2 forth. When Jutz was complaining, hey, there
3 is not enough air-conditioning in here,
4 really, the responses from the City weren ' t,
5 that ' s because it ' s up to you to put in more
6 air-conditioning. The initial response from
7 the City seemed to be, let ' s get out there,
8 see what the problem is and see if we can fix
9 it; and we did send some people out there .
10 Those are the principal amounts of their
11 claim, for which they have got an expert who
12 is going to put on the chalkboard 6 million
f.
y
13 and something in damages . We think you have a
14 good defense to those claims, perhaps a 750
15 chance or so of either defeating those claims
16 or reducing it to a substantially smaller
17 amount .
18 Our counterclaim for eviction, though, we
19 have been a little bit more pessimistic,
20 partly because, in a commercial tenancy,
21 trying to evict someone for a nonmonetary
22 reason -- in other words, if somebody doesn' t
23 pay their rent, that is a slam dunk.
24 If someone is paying their rent and you
25 are relying upon these nonmonetary provisions
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 17
1 in the lease, it ' s not that easy to win,
2 especially for somebody who has put a
3 substantial investment in the property. These
4 people have; they did build out from shell .
5 When we go to the shell and say, kick
6 them out and let us keep all the improvements
7 we put in, is a little bit tougher row to hoe .
8 We have three claims of breach of the
9 lease that we are asking for an eviction.
10 First, they subleased the restaurant without
11 our permission, but a sublease that ended
12 pretty quickly and has now been over with for
13 a couple of years .
14 Secondly, they didn ' t maintain good
15 enough records, according to the lease records
16 that are important to us; in part, because of
17 your lease revenue, the rent is based, in
18 part, on the economics of the deal . If they
19 don ' t keep good records, you really can ' t find
20 out what is supposed to be coming to you. We
21 don ' t have an affirmative claim for how much
22 they owe us .
23 The third claim, which is probably our
24 best claim, is, you are not running a good
25 enough restaurant . The lease does have fairly
...77... _m . .w
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 18
1 vague maintenance standards . It says they
2 should run a first-class operation, a phrase
3 that doesn ' t have a term of art in the
4 restaurant industry. You can' t Google that
5 and find out what the standards are; but it ' s
6 through that we are going to try to throw
4
l
7 stones and talk about people who have been to
8 the restaurant and the lack of quality of
9 service and the poor way they are been treated
10 and the like . I think we estimated the
11 chances of winning on that claim is only about
12 25 or 30% .
13 The probably most likely scenario is they z`
14 won ' t win much money but you won ' t kick them
15 out, which means you are pretty much where you
16 are at ground zero .
17 So, to finally, belatedly, answer
18 Commissioner Duke ' s question, I think it ' s a
19 case that does have some settlement value,
20 first of all, because they are asking for
21 money and you are not . So, to the extent they
22 have some chance of winning money, some
23 percentage of their demand might be
24 appropriate to offer for settlement; and
25 secondly, if you want possession of the
.....— ..
**CONFIDENTIAL*
954-525-2221
Page 19
1 property back, if you really want this tenant
2 gone, that has value, as well, because the
3 lease extends out for a significant number of
4 years . If you want to buy your property back,
5 there is some money for buying your property
6 back. I hope that begins to answer your
7 question.
a
8 COMMISSIONER DUKE : Yeah, in addition to
9 just the fact that they have paid rent, there
10 is more to it than that . They need to deliver
11 a service which they promised to deliver and
12 they did not deliver it .
13 I would tell you that that restaurant is
14 constantly empty and that they are funding
i
15 that whole operation through the pier.
16 I mean, does that have any relevance or
17 standing in relation to this, in terms of that
18 third claim? I know they have paid rent, good
19 for them, but that ' s it .
20 They have taken possession of a valuable
y
21 asset and run it into the ground and run it
a
22 poorly, inconsistent with what the agreement
23 was, which was a vague agreement, but it did
24 say first-class restaurant . Any common,
25 casual observer can tell you that ' s not --
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 20
1 that ' s the worst restaurant most of us have
2 ever been to .
3 MR. ABBOTT : That is -- as I have said
4 before, I think that ' s the best basis for the
5 eviction claim. We intend to support it, in
6 part, by people who have actually gotten bad
7 treatment at the restaurant, partially by
8 restaurant review sites that have become more
9 and more popular. Sites like Trip Advisor and
10 the like, sometimes you find out what kind of
11 experience people have had at restaurants .
12 COMMISSIONER DUKE : Do you think the jury s,
13 is going to buy all that stuff? He said, she
14 said; you think that will touch them?
15 COMMISSIONER CASTRO: Yeah, because it ' s
16 not an interested party from us; it ' s from y
17 them.
18 CITY ATTORNEY ANSBRO: But I will say the
19 Court said several times today, as part of the
20 admonition don ' t talk about the case; by the
21 way, now there was new stuff: Don ' t Twitter,
22 Tweet, Safari, all the other stuff.
23 The other lawyer asked, would you believe F
24 stuff that came off of Google .
25 They said, no, we would dismiss that .
77
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 21
1 But the stuff on Google, you see the word
2 80 times : rude owners, abusive owners, rude,
3 rude, rude --
4 COMMISSIONER CASTRO: I think the jury
5 will buy the whole hog.
6 CITY ATTORNEY ANSBRO: If we can get that
7 in. We are trying to get it in through the
�i
8 restaurant guy.
9 I feel strongly when they lied to us and
10 put the other people in there, I am going to
11 be the witness that says that was when you
12 made the marriage irretrievably broken,
13 uncurable default .
14 COMMISSIONER DUKE: There is two Facebook ".
15 events, too, around that time .
16 CITY ATTORNEY ANSBRO: They are trying to s'
17 claim against us, you stopped us and we would
18 have made money. I am going to demonize them.
19 Joe Serota said, you need to make these
20 people the diabolical people that they are and
21 the liars they are . I am going to say they
22 sat across from me, where she is sitting, and
23 denied that they had subleased or given the
24 restaurant over to someone else . They lied.
25 COMMISSIONER DUKE : You are going to show
"CONFIDENTIAL"
954-525-2221
Page 22
1 a continued pattern of bad faith and lies .
2 MR. ABBOTT : Yes . In connection with the
3 three claims, again, the sublease is part of
4 it; and the sublease -- again, the problem
5 with the sublease claim is it was very brief.
6 They entered into a sublease agreement --
7 CITY ATTORNEY ANSBRO: Two months .
8 MR. ABBOTT : -- and it was only a couple
9 of months .
10 COMMISSIONER CASTRO: But the only reason
11 it was brief is because we ended it . I mean,
12 if we hadn ' t ended it . . .
13 But here is the real rub -- going back to
14 all your arguments, and I am going to back up
15 a little bit .
16 On the air-conditioning, I agree with
a
17 you. You need to make a strong argument about
18 if they thought they needed a supplement . y
19 We were building a shell . We have no
20 idea what oven equipment they are adding, what
21 heat equipment generator they are going to
22 add --
23 CITY ATTORNEY ANSBRO: Exactly.
24 COMMISSIONER CASTRO: -- so when they
25 call and say the air is not working, I am not
"CONFIDENTIAL"
954-525-2221
Page 23
1 going to ask them, did you add any air. I am
2 go to go and see if it is our air.
3 Why would I even assume they added air?
4 I don ' t know what they put in the restaurant
5 to start with. So, I don ' t know why we would
6 assume that we made a mistake by going to fix
7 the air instead of saying, hey, you should add
8 air . I am not sure we would have gone to
9 that .
10 CITY ATTORNEY ANSBRO: What we are going
11 to do, because Colin and I, as soon as we got
12 that complaint -- and it was back in August --
13 we said, that is going to be bad, maybe -- and
14 as a lawyer, I should know better -- go look
x
15 at both sides of the thing. So, I assumed,
16 maybe the architect screwed up; let ' s bring
17 him in here . Bring them all back in here .
18 COMMISSIONER CASTRO: And you have to do
19 that because the assumption is it ' s our
20 problem.
21 I would assume they already established
22 they didn ' t need to add supplement air, and I
23 wouldn' t have known the difference .
24 Secondly, the reason the sublease is so
25 important to me is you keep talking about a
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 24
1 first-class restaurant . Everybody has to
2 remember, Dania Beach' s name was tied into
3 this . I believe our logo was even on the side
4 of the building. So, it was critical for this
5 City to maintain its reputation, its
6 integrity, its destination quality.
s
7 When all we are getting is complaints and "
8 then they want to hand it off to somebody else
9 we don' t know; you know, if you were running a
10 first class operation and you said, you know,
11 I want to give it to Pat Flury, I am going to
12 trust you a little more because I know you are "
13 running a first class operation. These were
14 not people .
15 The lease was intentionally designed to
16 protect the reputation of the City. That ' s a
17 critical factor for us -- at least it is for
18 me; I don ' t know about everybody else . I
19 don ' t want to get out of that subleasing thing
20 too easy. I think you guys need to hammer
21 that .
22 VICE MAYOR GRACE: One thing I didn ' t
23 hear in this room and the experience that I
24 had, not even being on the commission, is that
25 whenever I took someone there, whether it was
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 25
1 for lunch or in the evening, the restaurant
2 was never open. I mean, there was no
3 clientele . I mean, they are closed more than
4 they were open.
5 CITY ATTORNEY ANSBRO: They close on
6 Mondays . They are always closed all day on
7 Monday.
8 Did they close early on evenings, you are
9 saying?
10 VICE MAYOR GRACE: Yes .
11 COMMISSIONER DUKE: I think we have
12 liability here . I do .
13 I think a jury, their take may be on it,
14 the big bad city is beating up on this poor
15 married couple .
16 CITY ATTORNEY ANSBRO: We kicked four
17 people off the jury just because they hate
18 cities, right off the bat .
19 COMMISSIONER DUKE : This guy says that he
20 is owed $600, 000 or he owes --
21 CITY ATTORNEY ANSBRO: He says he has 670
22 left on his loan.
23 COMMISSIONER DUKE: I get that, but I am
24 just talking about a bottom line that he would
25 take to get out from what he is under.
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 26
1 CITY ATTORNEY ANSBRO: That ' s why I am
2 coming to you guys to say, is there a number
3 you could --
4 MAYOR FLURY: Yeah. We need to talk
5 about this and not the case . They have the
6 case planned.
7 We need to decide whether or not is
8 anybody is interested in settling this thing;
9 and if we are, what is it worth to us to get \
10 this thing back, as opposed to --
11 CITY ATTORNEY ANSBRO: To fighting it .
12 MAYOR FLURY: -- possibly lose it for the
13 next 20 years .
14 COMMISSIONER CASTRO: Where is money
15 coming from? Do we have any insurance
16 policies to cover this?
17 CITY ATTORNEY ANSBRO: No, it ' s out of
18 our pocket .
19 I always -- whenever I get a case against
20 me, I do that right away. This is not a
21 contract claim. It ' s not covered.
22 COMMISSIONER DUKE : This is out of our
23 pocket .
24 CITY ATTORNEY ANSBRO: I am just
25 proposing, they talk about money down now --
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 27
1 they probably want to pay off the lawyer --
2 but some idea where we say we will give you
3 some money now and some over time . It has
4 value . They had money that ' s in there . Then
5 when we sublet to new a guy --
6 COMMISSIONER DUKE: Somebody is going to
7 gut that place, absolutely. Most restaurants,
8 in general, get gutted.
9 COMMISSIONER CASTRO: Especially since it
10 has been stagnating so long.
11 CITY ATTORNEY ANSBRO: And the ovens and
12 everything --
13 COMMISSIONER DUKE : It has no value .
14 COMMISSIONER McELYEA: They paid for the
15 stuff in there .
16 CITY ATTORNEY ANSBRO: They say there is
17 a $600, 000 loan left .
18 COMMISSIONER McELYEA: When I was on the
19 Commission, Pat and I disagreed --
20 CITY ATTORNEY ANSBRO: That is not our
21 fault that you took out the loan for it .
22 COMMISSIONER DUKE : What about can they
23 take it, take all the stuff out?
24 CITY ATTORNEY ANSBRO: That ' s an offer:
25 Walk, take everything out, strip it back, and
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 28
1 you give us the shell .
2 Again, they are still going to say, well,
3 we had -- you know, we have another 15 years
4 left in this place .
5 You are right . I think they make the
6 money, and they are stealing it out of the
7 bait shop .
8 Colin and I are trying to figure out
3-
9 worst case, if they stay, and my thought has
10 been -- and no one likes it -- but you have
11 the ability to say, I am going to reduce the
12 pier admission fee to 50 cents because it ' s
13 summertime, and we have the authority to do
14 that .
15 They are going to say, that ' s bad faith.
16 You can ' t do that . You are trying to mess
17 with us .
18 We can do it . It ' s tough economic times .
19 The parks director says, when you do
20 that, a bad element comes up from someplace,
21 Hialeah or something, and we have to deal with
22 them.
23 CITY MANAGER BALDWIN: We did it two
24 years ago .
25 CITY ATTORNEY ANSBRO: We did, but you
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 29
1 know what, they squawked. They really
2 squawked. Take 25 cents out of an admission
3 fee, life is not as nice .
y
4 COMMISSIONER CASTRO: What range are you
5 all recommending?
6 CITY ATTORNEY ANSBRO: I think it is
7 somewhere around -- I don ' t know if I had a
8 number, but I think it ' s worth something down,
9 a couple hundred thousand dollars down and
10 something over time, I guess .
11 VICE MAYOR GRACE: I think when you go
12 into the meeting with them, what we really
13 want -- and no value -- we want the building
14 back. We want the shell .
15 CITY ATTORNEY ANSBRO: And out of the
16 bait shop, that ' s the deal .
17 COMMISSIONER CASTRO: And we want the
18 pier out .
19 CITY ATTORNEY ANSBRO: If we have the
20 bait shop back, we will make money.
21 COMMISSIONER DUKE : What are we willing
22 to pay them to go away?
23 COMMISSIONER CASTRO: I ' ll be honest with
24 you, anything over half a million, I am going
25 to feel sick. I really am.
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 30
1 But if you had to go, say, 750, I am not
2 going anything higher than 750, because that
3 670, I don ' t care what their attorney is
4 getting, they have to figure it out and go
5 away; but I would not do anything more than
6 that . And to be honest with you, even paying
7 them a penny, makes me sick.
a
8 COMMISSIONER DUKE : It stinks .
9 CITY ATTORNEY ANSBRO: It ' s buying
10 certainty.
11 MAYOR FLURY: It does stink, but the
12 possibility of keeping the restaurant, letting
13 them have the restaurant for the next 20
14 years, smells worse to me .
15 COMMISSIONER DUKE: Or having to fork
16 over $6 million.
17 COMMISSIONER CASTRO: But they won ' t,
18 Pat, because I will tell you what, they are
19 going to go in and operate the same way and go
20 belly up.
21 MAYOR FLURY: They are not, as long as
22 they have the pier, the umbrellas .
23 COMMISSIONER CASTRO: But that ' s the key,
24 to compel them on the pier to have the proper
25 records . That ' s where they are skimming and
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 31
1 cheating. I know they are .
2 I gave him my friend' s name who worked
3 there . She told me all kinds of things they
4 are doing. It ' s not good stuff.
5 COMMISSIONER DUKE: We know that, but --
6 CITY ATTORNEY ANSBRO: And they are
7 liars . That ' s the point . If there is a
8 number, like Anne is saying, you have to get
9 the throw-up factor --
10 COMMISSIONER DUKE : 250, 250, 250 over
11 three years .
12 COMMISSIONER McELYEA: I told somebody,
13 two sets back, you are a liar in business; you
14 are not a businessman.
15 CITY ATTORNEY ANSBRO: These guys lied to Y'
16 your face when you asked them is this lease
17 for sale and she denied it . We found out,
18 under testimony, they were already talking to
3
19 the guy in the three months before that, so I
20 have the tape of that to show this jury, you
21 are liars and I can go on with the liar stuff .
22 MAYOR FLURY: What is the value of
23 spreading it out? If we were free to pay them
24 700 or 600, whatever the figure is, what --
25 why wouldn ' t we just give it to him and get
... . .....
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 32
1 rid of him?
2 COMMISSIONER CASTRO: I would negotiate
3 to spread it out . If you end up paying it up
4 front, so what; but I would just give the City
5 more flexibility by putting it in
6 installments .
7 I don ' t think there will be a penalty if
8 we pay early, is there?
9 CITY ATTORNEY ANSBRO: No .
10 COMMISSIONER CASTRO: So, I think, to me,
11 it ' s a more cautious way of letting the
12 taxpayers and balancing budgets and --
13 COMMISSIONER DUKE: Did you guys verify
14 the $600, 000 balance?
15 MR. ABBOTT : No .
16 CITY ATTORNEY ANSBRO: They just brought
17 that up. We could say it ' s subject to, but
18 right now the boot is on their neck. They
19 tried to get out of the trial today. We went,
20 we are going to trial . He fought it, and the
21 judge said, move on, pick the jury.
22 They are a little spooked. Part of their
23 case got cut up. We are not going to know
24 where they are until we talk at 2 : 30 tomorrow.
25 COMMISSIONER DUKE: I don' t know if you
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 33
1 know this, but the other side wants to call me
2 as a witness, and I discussed it with Dan and
3 Tom. I am fine with it, and they have not
4 deposed me, so he has no idea what I am going
5 to say.
6 I have testified in front of this judge
7 before, too.
8 CITY ATTORNEY ANSBRO: She was pretty
9 good today, kind of erratic .
10 COMMISSIONER DUKE: You know what the
11 good thing is about this judge? This judge is
12 knowledgeable of local flavor. She is a
13 Broward County person.
14 On the cases I testified, it was mostly
15 marine related and she knew every property.
16 She knew the stuff .
17 CITY ATTORNEY ANSBRO: She knows the
18 case .
19 COMMISSIONER CASTRO: But it is the jury
20 that decides .
21 COMMISSIONER DUKE: True .
22 CITY ATTORNEY ANSBRO: The jury is pretty
23 good overall . When they first come in, you
24 go, oh, my God, are --
25 COMMISSIONER CASTRO: Did you guys think
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 34
1 strategically to bring the jury to the site?
2 CITY ATTORNEY ANSBRO: I thought about a
3 view -- that ' s what it ' s called -- and Colin
4 said, if you do that, they will have the place
5 cleaned up. It will look nice, and the
6 air-conditioning won ' t work.
7 COMMISSIONER DUKE : A surprise visit
8 would be great .
9 CITY ATTORNEY ANSBRO: What we do have
10 are photographs to show how crappy -- they
11 have stuff stored, chairs and umbrellas and
12 junk. The restaurateur guy is going to say,
13 this is not how do you a first-class
14 operation. When you first walk in, this crap
15 is all over the place .
16 COMMISSIONER CASTRO: Do you have what
j
17 you need?
18 COMMISSIONER DUKE: No more than 750 .
19 CITY ATTORNEY ANSBRO: 750 max, do you
20 want a three-year max or --
21 VICE MAYOR GRACE: Mayor, you are opposed
22 to putting in a payment plan?
23 MAYOR FLURY: No, I am not opposed. My
24 personal preference is to get -- pay them and
25 get rid of them.
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 35
1 CITY ATTORNEY ANSBRO: Do you want to
2 propose a lump sum of 750?
3 VICE MAYOR GRACE: Don ' t say 750; start
4 low.
5 CITY ATTORNEY ANSBRO: That ' s a maximum.
6 I get it; that ' s a maximum.
a
7 COMMISSIONER CASTRO: Don ' t decide how
8 you are going to pay it until you find out how
9 much you are going to pay.
10 CITY ATTORNEY ANSBRO: All right .
11 COMMISSIONER McELYEA: I would cut it in
12 half and let them fish for the difference .
13 COMMISSIONER CASTRO: I would start at
14 200 or 250 .
15 COMMISSIONER McELYEA: Whatever, let them
16 fish.
17 CITY ATTORNEY ANSBRO: You give me t
18 maximum. If it ' s 750, downstroke on the
19 check, it sounds more attractive --
20 COMMISSIONER DUKE : That could be where
21 it ends up, but that ' s not where it starts .
22 CITY ATTORNEY ANSBRO: No, no, no, before
23 we leave the room, that ' s the last-ditch thing
24 you do.
25 COMMISSIONER CASTRO: I would hear what
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 36
1 the counter to their own offer is first .
2 CITY ATTORNEY ANSBRO: One thing I am
3 telling them tomorrow is, guess what, if you
f
4 win, guess who you get to deal with? You get
5 to deal with me . I will still be here and so
6 will these people . We don' t like you, and we
7 are never going to like you. Life will be a
8 bitch and --
9 MR. ABBOTT : I know something about the
10 revised demand, and it ' s because I got a call
11 from the plaintiff ' s attorney probably about a
12 week before you got that revised settlement
13 letter.
14 He said, do you guys want to go back to
t
15 mediation.
16 And I said, I don ' t know. I said, we ' ll
17 probably pay you some money to settle the
18 case, but the last mediation was ridiculous .
19 And he said, well, the last mediation was
20 ridiculous because the mediator was
21 ridiculous .
22 I said, but you demanded $6 million.
23 He said, well, I have an expert that says
24 that . You always start high. Mediations
25 don ' t end there . I knew I wasn ' t getting n'
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 37 a
1 $6 million. Am I really supposed to start
2 below where my expert said?
3 And I said, we are probably not opposed
4 to going back to mediation, but we are opposed
5 to wasting our time . So, I want to let you
6 know that it is not going to be anywhere near
7 that number. In fact, I said, it is not going
8 to be 10% of that matter. Do the rough math;
9 I really said, we are not going to give you
10 $600, 000 .
11 Now, he didn' t say, okay, meaning he was
12 going to accept something in that range . He
13 did say, well, yeah, but people in mediation,
14 good things are happening.
'1
15 And I said, if you want to get us back to
16 mediation, you need to make a revised demand,
17 and it has got to be a substantial move from
18 what you demanded before .
19 And he said, well, but I am just bidding
20 against myself because you haven ' t offered
21 anything.
22 And I said, yeah, but you started so far
23 in the stratosphere, you need to counter your
24 own offer before you can get us off the dime .
25 That ' s what brought that letter out .
"CONFIDENTIAL"
954-525-2221
Page 38
1 Now, what do they really want, what is it
2 going take? I think the numbers you are
3 talking here are in the neighborhood. Is that
4 a good settlement or not is another issue; but
5 what it takes to settle a case is more
6 psychology than it is law. And what it takes
2
7 is people don ' t want to get out of the
8 lawsuits without a nickel .
9 These folks do have to pay their lawyer .
10 They have to pay whatever things they still
11 owe . In other words, it ' s going to be hard to
12 get them out and enter into an agreement and
13 reach into their pocket and still have to pay
14 some more .
15 As I said before, I don ' t know if that
16 $680, 000 loan is accurate . I will tell you
17 they have fudged before in terms of the hard
18 development cost . So, do they owe that
19 amount? They might; but they might have been
F
20 paying themselves salary on that . I am not
21 sure that money went into the restaurant . In
22 fact, I suspect the contrary.
23 So, if you are interested in the settling
24 the case, I think the numbers that have been
25 thrown around here are certainly good faith.
7-�,. 7
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 39
1 They might very well get it done; and,
2 candidly, if it doesn' t, you probably
3 shouldn ' t go any higher anyway. I think
4 that ' s generous .
5 COMMISSIONER CASTRO: I don ' t think the
6 jury is going to do more than that .
7 CITY ATTORNEY ANSBRO: But at the end of
8 the day, I want to be able to say before we
9 walk out of the room, we will give you a check
10 for $750, 000 in 20 days . I can do that?
11 Worst case?
12 COMMISSIONER DUKE: Yeah, and then they
13 go right away.
14 CITY ATTORNEY ANSBRO: You have to leave .
15 Everything is out in the 20 days .
16 MAYOR FLURY: Everything doesn ' t get out .
17 They get out, and everything else stays .
18 CITY ATTORNEY ANSBRO: I don ' t want the
19 crap. Do you want it in there?
20 MAYOR FLURY: Leave it because if they
21 start taking anything, they will take things
22 that they shouldn ' t take .
23 COMMISSIONER CASTRO: Damage, I go with
24 her . We can auction some of that stuff .
25 MAYOR FLURY: Walk out .
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 40
1 COMMISSIONER DUKE: A future tenant will
2 probably not want it, but we can let them make
3 that call .
4 COMMISSIONER CASTRO: You can auction it
5 off, Ebay sales .
6 MAYOR FLURY: Walk out . That ' s it .
7 Leave the keys behind.
8 (Whereupon, the proceedings were temporarily '\
9 adjourned and relocated to the City Commission Meeting ,'
10 Room, where they were reopened and proceeded as
11 follows : )
12 MAYOR FLURY: I will now re-open the
13 public meeting. The attorney-client session
14 was terminated. Members of the general public
15 are now invited to return for any further
k'
16 proceedings on that matter.
x
17 Now we will adjourn this meeting.
18 (Whereupon, the meeting was concluded at
19 6 : 08 p.m. )
20
21
22
23
24
25
lT . 777,.'..77..-... >,.-xc.... ...... _a..,s ... ..c.a ...e ......et. _
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 41
1
2 C E R T I F I C A T E
3
4 THE STATE OF FLORIDA)
COUNTY OF BROWARD)
5
6
7 I, EMILY SCOTT, certify that I was
8 authorized to and did stenographically report the
9 foregoing proceedings and that the transcript is a
r:
10 true and complete record of my stenographic notes .
11 Dated this loth day of July, 2011 .
12
13
14
15
z
16
17
EMILY SCOTT
18
19
20
21
22
23
24
25
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 42
A 30:9 31:6,15 32:9 August 23:12 broken 21:12 chance 16:15 18:22
Abbott 2:9 4:23,24 32:16 33:8,17,22 authority 28:13 brought 32:16 chances 14:13
5:2 8:5,20 11:2 34:2,9,19 35:1,5 authorized 41:8 37:25 18:11
14:14 20:3 22:2,8 35:10,17,22 36:2 Avenue 1:24 Broward 4:2 33:13 changed 14:18
32:15 36:9 39:7,14,18 avoid 8:8 41:4 cheating 31:1
ability 28:11
answer 18:17 19:6 awful 13:3 budgets 32:12 check 10:18 35:19
able 4:25 39:8 anticipate 8:23 a/k/a 1:13 build 14:8,23 15:4 39:9
absolutely 27:7 anybody 26:8 15:20,22 17:4 Circuit 3:25 4:1
abusive 21:2 anyway 39:3 B building 14:4 22:19 cities 25:18
accept 37:12 apart 12:11,12 back 7:16 8:21 24:4 29:13 city 1:1,5,9 2:7,8
accident 6:23 APPEARANCES 13:11 14:15 16:1 built 15:24 3:6,8,10,12,14,16
account 11:21 2:1 19:1,4,6 22:13,14 business 4:15 31:13 3:16,17,18,19 4:5
accounts 11:20 appropriate 5:14 23:12,17 26:10 businessman 31:14 4:8,10,22 5:3,10
accurate 38:16 8:2 18:24 27:25 29:14,20 buttons 10:4 5:15,20,23,25 7:5
add 22:22 23:1,7,22 approximately 4:18 31:13 36:14 37:4 buy 19:4 20:13 21:5 7:8,12,14 8:4,11
added 23:3 architect 23:16 37:15 buying 19:5 30:9 8:23 9:5,10,15,19
adding 22:20 argument 22:17 bad 12:22 20:6 22:1 9:24 10:5,9,12
addition 19:8 arguments 6:3 23:13 25:14 28:15 C 11:5,8,25 12:6,10
adjourn 5:8 40:17 15:25 22:14 28:20 C 41:2,2 12:16 13:13 15:20
adjourned 5:20 arrangement 15:3 bait 28:7 29:16,20 call 3:4 13:17 15:1 16:4,7 20:18 21:6
40:9 art 18:3 balance 32:14 15:9 22:25 33:1 21:16 22:7,23
admission 28:12 asked 20:23 31:16 balancing 32:12 36:10 40:3 23:10 24:5,16
29:2 asking 17:9 18:20 Baldwin 2:7 3:16 called 15:17 34:3 25:5,14,16,21
admonition 20:20 assessment 14:12 3:17 5:3 28:23 calling 3:2 26:1,11,17,24
Advisor 20:9 asset 19:21 based 14:11 17:17 candidate 9:22 27:11,16,20,24
affirmative 17:21 assume 23:3,6,21 basis 20:4 candidly 39:2 28:23,25 29:6,15
afternoon 8:20 assumed 23:15 bat 25:18 capacity 15:13 29:19 30:9 31:6
aggravate 10:1 assumption 23:19 Beach 1:1,5,9,16,22 care 30:3 31:15 32:4,9,16
ago 28:24 attend 7:1 1:22 4:9,11,15 careful 8:12 33:8,17,22 34:2,9
agree 22:16
attendance 4:19 Beach's 24:2 case 4:2 6:10 7:9 34:19 35:1,5,10
agreed 12:14 attendee 7:2 beating 25:14 13:6,7,8,24 18:19 35:17,22 36:2
agreement 19:22,23 attention 15:7 begins 19:6 20:20 26:5,6,19 39:7,14,18 40:9
22:6 38:12 attorney 2:8 3:18 belatedly 18:17 28:9 32:23 33:18 City's 15:15
air 22:25 23:1,2,3,7 3:19 4:5,22 5:15 belief 8:3 36:18 38:5,24 claim 11:2 13:22
23:8,22 5:23,25 6:15,23 believe 20:23 24:3 39:11 14:21 15:10 16:11
air-conditioning 7:5,8,12 8:4,11,23 belly 30:20 cases 8:6 33:14 17:21,23,24 18:11 ti
15:10,12,14,18,21 9:5,10,15,19,24 Ben 1:13 4:14 Castro 2:4 3:10,11 19:18 20:5 21:17
15:23 16:3,6 10:5,9,12 11:5,8 Bend 12:2 4:20 7:3,7,11,19 22:5 26:21
22:16 34:6 11:25 12:6,10,16 best 7:2 8:16 17:24 8:10 9:8,13,17,21 claiming 13:25
Allegria 1:16 4:14 13:13 20:18 21:6 20:4 10:1,8,11 20:15 claims 13:16 14:20
amount 15:21 21:16 22:7,23 better 8:5,17 23:14 21:4 22:10,24 14:21,22 16:14,15 Y
16:17 38:19 23:10 25:5,16,21 bidding 37:19 23:18 26:14 27:9 17:8 22:3
amounts 16:10 26:1,11,17,24 big 25:14 29:4,17,23 30:17 class24:10,13
Anne 2:4 4:20 31:8 27:11,16,20,24 bigger 14:23 30:23 32:2,10 cleaned 34:5
Ansbro 2:8 3:18,19 28:25 29:6,15,19 bit 14:15 16:19 17:7 33:19,25 34:16 clear 7:24
4:5,22 5:15,23,25 30:3,9 31:6,15 22:15 35:7,13,25 39:5 CLERK 3:6,8,10
7:5,8,12 8:4,11,23 32:9,16 33:8,17 bitch 36:8 39:23 40:4 3:12,14,16
9:5,10,15,19,24 33:22 34:2,9,19 Blvd 1:22 casual 19:25 client 6:19 7:18
10:5,9,1211:5,8 35:1,5,10,17,22 Bobbie2:3 cautious32:11 clientele25:3
11:25 12:6,10,16 36:2,11 39:7,14 boot 32:18 cents 28:12 29:2 close 25:5,8
13:13 20:18 21:6 39:18 bottom 25:24 certainly 11:14 closed 25:3,6
21:16 22:7,23 attorney-client 3:23 breach 17:8 38:25 Cole 4:23 5:2
23:10 25:5,16,21 5:9 40:13 breakouts 9:16,18 certainty 3 0:10 Colin 23:11 28:8
26:1,11,17,24 ATTORNEY/CL... brief 22:5,11 certified 5:4 34:3
27:11,16,20,24 1:19 bring 5:16 6:5 certify41:7 colors 10:3
28:25 29:6,15,19 attractive 35:19 10:11 13:21,22 chairs 11:10 34:11 come 8:21 11:12
auction 39:24 40:4 23:16,17 34:1 chalkboard 16:12 12:18 33:23
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 43
comes 6:13 28:20 counters 10:20 departure 6:16 4:15 19:24 24:1 34:13
coming 17:20 26:2 Counter-Defenda... deposed 33:4 equipment 22:20,21 fish 35:12,16
26:15 1:14 4:14 deposition 6:18 erratic 33:9 five 8:24
commercial 16:20 Counter-Plaintiff designed 24:15 especially 17:2 27:9 fix 16:8 23:6
commission 1:1 1:11 4:13 destination 24:6 Esq 2:8,9 flavor 33:12
6:25 24:24 27:19 counts 13:17 development 38:18 established 23:21 flexibility 32:5
40:9 County 4:2 33:13 diabolical 21:20 estimated 4:17 floor 5:11
Commissioner 2:4 41:4 difference 23:23 18:10 Florida 1:1,5,6,9,10
2:5,6 3:10,11,12 couple 11:20 17:13 35:12 estimates 14:17 1:22,25 3:24 4:2
3:13,14,15 4:20 22:8 25:15 29:9 different 12:8,13 evening 25:1 4:10,11,12 41:4
4:21,21 7:3,7,11 court 4:1 5:5 6:21 dime 37:24 evenings 25:8 Flury 2:2 3:2,6,7,21
7:19 8:10 9:7,8,13 7:5,22 8:1 13:14 director 28:19 events 21:15 4:7,20 5:1,18,24
9:17,21 10:1,8,11 13:16 20:19 disagreed 27:19 everybody 5:24 9:3,6 11:17 12:3,7
11:7 14:11 18:18 courts 8:7 discuss 6:16 10:19 24:1,18 12:12,17 24:11
19:8 20:12,15 cover 6:14 26:16 discussed 33:2 evict 16:21 26:4,12 30:11,21
21:4,14,25 22:10 covered 26:21 dismiss 20:25 eviction 16:18 17:9 31:22 34:23 39:16
22:24 23:18 25:11 crap 11:11 34:14 documentation 20:5 39:20,25 40:6,12
25:19,23 26:14,22 39:19 11:3 eviscerated 13:20 folks 38:9
27:6,9,13,14,18 crappy 34:10 doing 4:15 31:4 Exactly 22:23 following 3:1 4:18
27:22 29:4,17,21 credit 13:1 dollars 29:9 experience 20:11 9:1
29:23 30:8,15,17 critical 24:4,17 door 12:2 24:23 follows 3:25 5:22
30:23 31:5,10,12 cut 6:11 32:23 doubt 15:11 expert 6:7,9,10 40:11
32:2,10,13,25 35:11 doubting 15:2 16:11 36:23 37:2 foregoing41:9
33:10,19,21,25 C.K 2:6 4:22 downstroke 35:18 explain 14:5 forget 10:24 11:17
34:7,16,18 35:7 Duke 2:5 3:12,13 extends 19:3 fork 30:15
35:11,13,15,20,25 D 4:21 7:1 9:7 extent 11:16 18:21 Fort 1:25
39:5,12,23 40:1,4 Damage 39:23 10:22 14:11 19:8 forth 16:2
common 19:24 damages 16:13 20:12 21:14,25 F forward 14:5
compel 30:24 Dan 4:23 5:1 8:13 25:11,19,23 26:22 F 41:2 fought 32:20
complaining 16:2 13:20 33:2 27:6,13,22 29:21 face 31:16 found 31:17
complaint 23:12 Dania 1:1,5,9,22,22 30:8,15 31:5,10 Facebook 21:14 four 25:16
complaints 24:7 4:8,11 24:2 32:13,25 33:10,21 fact 15:2 19:9 37:7 free 31:23
complete 4 1:10 Daniel2:9 34:7,18 35:20 38:22 friend's 31:2
completely 12:1 Date 1:21 39:12 40:1 factor 24:17 31:9 front 10:16 32:4
concluded 40:18 Dated 41:11 Duke's 18:18 factual 14:25 33:6
conclusion 5:5,12 day 6:3 7:23 25:6 dunk 16:23 fairly 17:25 fudged 38:17
conference 5:10,20 39:8 41:11 d/b/a 1:16 faith 22:1 28:15 full 8:24
confident 14:3 days 8:24 9:1 39:10 38:25 funding 19:14
connection 22:2 39:15 E far 37:22 further 14:15 40:15 '
constantly 19:14 deal 11:9,19 14:3 E 41:2,2 fault 27:21 future 40:1
continued 22:1 17:18 28:21 29:16 early 8:22 25:8 32:8 favor 12:22
contract 26:21 36:4,5 East 6:22 fee 28:12 29:3 G
contrary 38:22 decide 26:7 35:7 easy 17:1 24:20 feel 21:9 29:25 general 27:8 40:14
convey 6:19 decides 33:20 Ebay 40:5 fell 12:11,12 generator 22:21
convince 13:6 default 21:13 economic 28:18 righting 26:11 generous 39:4
Cook 14:4 defeating 16:15 economics 17:18 figure 28:8 30:4 getting 24:7 30:4
corporation 1:6,9 defendant 1:7,17 edge 9:23 31:24 36:25
4:9,11 4:10,16 either 16:15 final 6:17 give 11:17 24:11
correct 9:5 12:6,10 defense 16:14 element 28:20 finally 18:17 27:2 28:1 31:25
12:16 defenses 14:20 Emily 1:23 41:7,17 find 17:19 18:5 32:4 35:17 37:9
correspondence deliver 19:10,11,12 empty 19:14 20:10 35:8 39:9
16:1 demand 18:23 ended 17:11 22:11 fine 33:3 given 14:16 21:23
cost 38:18 36:10 37:16 22:12 finished 12:19 giving 12:25
Counsel 2:9 demanded 36:22 ends 35:21 first 14:22 17:10 Gluck 1:13 4:14
Counsels 4:23 37:18 enter 38:12 18:20 24:10,13 go 7:16 8:8,21
counter 36:1 37:23 demonize 21:18 entered 22:6 33:23 34:14 36:1 10:21 14:5 17:5
counterclaim 16:18 denied 21:23 31:17 Entertainment 1:16 first-class 18:2 23:2,2,14 29:11
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 44
29:22 30:1,4,19 hired 6:9 K liars 21:21 31:7,21 35:11,15
30:19 31:21 33:24 hoe 17:7 keep 7:23 10:17 lied 21:9,24 31:15 mean 7:21 14:21
36:14 39:3,13,23 hog 21:5 11:9 17:6,19 lies 22:1 19:16 22:11 25:2
God 33:24 honest 29:23 30:6 23:25 life 10:10 29:3 36:7 25:3
goes 13:4 hope 19:6 keeping 30:12 likes 28:10 meaning 37:11
going 6:6 7:4,23 9:9 hoped 15:4 Ken 14:4 limine 6:4 means 18:15
9:14 10:13 14:14 hoping 10:15 13:19 key 30:23 line 25:24 mediation 6:21 7:4
16:12 18:6 20:13 hours 12:24,24,25 keys 40:7 listen 6:19 7:21 9:4,11 10:14
21:10,18,21,25 hundred 29:9 kick 6:1 17:5 18:14 litigation 3:25 5:6 10:21 36:15,18,19
22:13,14,21 23:1 hurt 14:1 kicked 25:16 little 8:22 13:5,7 37:4,13,16
23:6,10,13 24:11 kind 6:23 7:24 14:15 16:19 17:7 Mediations 36:24
27:6 28:2,11,15 I 10:16 20:10 33:9 22:15 24:12 32:22 mediator 10:7,13
29:24 30:2,19 idea 22:20 27:2 kinds 31:3 loan 25:22 27:17,21 36:20
32:20,23 33:4 33:4 knew 33:15,16 38:16 meet 9:11
34:12 35:8,9 36:7 important 17:16 36:25 local 33:12 meeting 3:3 4:19
37:4,6,7,9,12 38:2 23:25 know 7:13,25 9:13 logo 24:3 5:9,12,13 29:12
38:11 39:6 improvements 17:6 10:8 12:1,22 13:2 long 8:6 27:10 40:9,13,17,18
good 10:2,4 14:19 including 15:20,22 19:18 23:4,5,14 30:21 Members 40:14
16:14 17:14,19,24 inconsistent 19:22 24:9,9,10,12,18 look 23:14 34:5 men 8:15
19:18 31:4 33:9 incredible 12:23 28:3 29:1,7 31:1,5 lose 7:14,15 26:12 mess 28:16
33:11,23 37:14 industry18:4 lot 6:10 7:14,14 message 7:24
32:23,25 33:1,10
38:4,25 initial 16:6 36:9,16 37:6 12:20 13:3,9 million 6:13 16:12
Google 18:4 20:24 installed 15:12 38:15 Louise 3:4 29:24 30:16 36:22
21:1 installments 32:6 knowledgeable love 13:10 37:1
gotten 20:6 insurance 26:15 33:12 low 35:4 mind 9:7 14:15
Grace 2:3 3:8,9,18 integrity 10:15 24:6 known 4:13 23:23 lump 35:2 minutes 4:18 9:16
3:20 24:22 25:10 intend 20:5 knows 6:24 33:17 lunch 25:1 10:14
29:11 34:21 35:3 intentionally 24:15 mistake 23:6
great 13:7 34:8 interested 12:18 L M Monday 8:18 25:7
ground 18:16 19:21 20:16 26:8 38:23 L 2:9 Mac 2:6 Mondays 25:6
guess 29:10 36:3,4 investment 11:24 labor 12:20 main 14:22 money 10:24 18:14
gut 27:7 17:3 lack 18:8 maintain 17:14 18:21,22 19:5
gutted 27:8 invited 40:15 Las 6:22 24:5 21:18 26:14,25
guy 6:9,18 21:8 irretrievably 21:12 last-ditch 35:23 maintenance 18:1 27:3,4 28:6 29:20
25:19 27:5 31:19 issue 12:8,9,15 38:4 Lauderdale 1:25 Manager 2:7 3:16 36:17 38:21
34:12 law 38:6 3:17 5:3 28:23 months 22:7,9
guys 24:20 26:2 J laws 1:6,10 4:9,12 Manager's 5:10,20 31:19
31:15 32:13 33:25 Jamie 4:23,24 5:2 lawsuits 38:8 marine 33:15 motion 6:4 13:15
36:14 Joe 21:19 lawyer 10:17 20:23 marriage 21:12 move 32:21 37:17
join 4:25 23:14 27:1 38:9 married 25:15 municipal 1:6,9 4:9
H judge 6:24 7:9 14:2 lease 14:25 15:6,17 math 37:8 4:11
H 1:2,13 32:21 33:6,11,11 15:19 17:1,9,15 matter 37:8 40:16
half 13:20 29:24 judgment 13:15 17:17,25 19:3 max 34:19,20 N
35:12 Judicial 4:1 24:15 31:16 maximum 35:5,6,18 name 24:2 31:2
hammer 24:20 July 41:11 leave 10:13 35:23 Mayor 2:2,3 3:2,6,7 near 37:6
hand 24:8 June 1:21 39:14,20 40:7 3:8,9,18,20,21 4:7 neck 32:18
handle 14:3 junk 34:12 leaving 11:15 14:2 4:20,25 5:1,18,24 need 6:25 9:3 19:10
happening 37:14 jurors 8:25 left 6:2 7:13 25:22 9:3,6 11:17 12:3,7 21:19 22:17 23:22 a
hard 38:11,17 jury 6:2 8:13,21 27:17 28:4 12:12,17 24:22 24:20 26:4,7
hate 25:17 10:17 14:2,12 letter 5:16 6:12 25:10 26:4,12 34:17 37:16,23
hear 24:23 35:25 20:12 21:4 25:13 36:13 37:25 29:11 30:11,21 needed 22:18
heat 22:21 25:17 31:20 32:21 letting 30:12 32:11 31:22 34:21,21,23 negotiate 32:2
hey 16:2 23:7 33:19,22 34:1 let's 10:24 16:7 35:3 39:16,20,25 negotiated 15:3
Hialeah 28:21 39:6 23:16 40:6,12 neighborhood 38:3
high 36:24 Jutz 1:2,13 4:8,13 liability 25:12 McElyea 2:6 3:14 never 10:9,12 25:2
higher 30:2 39:3 10:3 16:2 liar 31:13,21 3:15 4:22 11:7 36:7
highest 11:5 Jutzes 9:8 27:14,18 31:12 new 12:13,15 20:21
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 45
27:5 partly 16:20 preference 34:24 29:12,25 37:1,9 RFPs 11:22
nice 29:3 34:5 party 20:16 premises 15:11 38:1 RFQs 11:22
nickel 38:8 Pat 2:2 4:20 24:11 presented 13:16 reason 16:22 22:10 rid 32:1 34:25
nonmonetary 16:21 27:19 30:18 pressure 8:1 23:24 ridiculous 36:18,20
16:25 pattern 22:1 pretty 17:12 18:15 recommending 36:21
notes 4 1:10 pay 16:23 27:1 33:8,22 29:5 right 11:20 25:18
number 4:2 11:6 29:22 31:23 32:8 price 13:9 record 5:7 4 1:10 26:20 28:5 32:18
19:3 26:2 29:8 34:24 35:8,9 principal 16:10 recorded 5:4 35:10 39:13
31:8 37:7 36:17 38:9,10,13 prior 12:3,4 records 17:15,15,19 Robert 2:7 5:3
numbers 38:2,24 paying 16:24 30:6 probably 17:23 30:25 roll 3:4
32:3 38:20 18:13 27:1 36:11 reduce 28:11 room 5:10,21 9:9
O payment 34:22 36:17 37:3 39:2 reducing 16:16 24:23 35:23 39:9
observer 19:25 penalty 32:7 40:2 reduction 14:7 40:10
offended 10:15 penny 30:7 problem 16:8 22:4 reformation 14:6 rough 37:8
offer 6:17,20 10:19 people 4:19 8:15 23:20 regarding 3:24 row 17:7
18:24 27:24 36:1 12:22 16:9 17:4 proceed 5:9 reiterated 7:12 rub 22:13
37:24 18:7 20:6,11 proceeded 5:21 related 33:15 rude 21:2,2,3,3
offered 37:20 21:10,20,20 24:14 40:10 relation 19:17 ruled 13:14
offering 11:9 25:17 36:6 37:13 proceedings 3:1 5:4 relevance 19:16 run 8:24 18:2 19:21
offers 7:17 38:7 5:19 40:8,16 41:9 relocated 5:20 40:9 19:21
official 14:4 percentage 18:23 promised 13:25 relying 16:25 running 17:24 24:9
oh 33:24 perfect 9:22 14:23 19:11 remember 12:4 24:13
okay 3:2 5:23 7:11 permission 17:11 proper 30:24 24:2
9:24 37:11 person 33:13 property 17:3 19:1 rent 14:6 16:23,24 S
Olas 6:22 personal 8:3 34:24 19:4,5 33:15 17:17 19:9,18 Safari 20:22
one-story 14:1 15:7 personally 13:5 propose 35:2 reopen 5:13 salary 38:20
open 25:2,4 pessimistic 16:19 proposing 26:25 reopened 5:21 sale 31:17
operate 30:19 photographs 34:10 protect 24:16 40:10 sales 40:5
operation 18:2 phrase 18:2 provisions 15:19 repetitive 7:20 sat 21:22
19:15 24:10,13 pick 32:21 16:25 report 41:8 saw 6:14
34:14 piece 6:11 psychology 38:6 reporter 1:23 5:5 saying 5:1 23:7
opine 14:13 pier 19:15 28:12 public 3:3 5:7,13 Reporting 1:24 25:9 31:8
opportunities 14:8 29:18 30:22,24 40:13,14 representation 8:17 says 18:1 21:11
opposed 26:10 place 1:22 12:19 push 10:4 representative 6:25 25:19,21 28:19
34:21,23 37:3,4 13:11 27:7 28:4 put 11:6,24 12:14 9:3 36:23
order 3:3 7:21 34:4,15 12:23 16:5,12 reputation 24:5,16 scatter 14:21
ordered 6:21 7:6 Plaintiff 1:3 17:2,7 21:10 23:4 residue 13:23 scenario 18:13
ordering 7:23 plaintiff s 6:15 putting 8:1 12:24 response 16:6 Scott 1:23 41:7,17
oven 22:20 36:11 15:23 32:5 34:22 responses 16:4 screwed 23:16
ovens 27:11 plan 34:22 p.m 1:21 40:19 responsibility 15:22 SE 1:24
overall 33:23 planned 26:6 restaurant 1:16 6:8 second 5:11
owe 17:22 38:11,18 plates 11:10 Q 10:25 13:4 14:24 secondhand 11:11
owed 25:20 please 3:5 quality 18:8 24:6 17:10,25 18:4,8 secondly 17:14
owes 25:20 pledged 7:16 question 18:18 19:7 19:13,24 20:1,7,8 18:25 23:24
owners 21:2,2 pocket 26:18,23 questions 8:13,14 21:8,24 23:4 24:1 see 13:10 16:8,8
ownership 6:8 38:13 quickly 6:1 17:12 25:1 30:12,13 21:1 23:2
o'clock 8:19,19,21 point 6:15 31:7 quite 15:12 38:21 seek 14:6
policies 26:16 restaurants 20:11 seen 6:12 10:10,12
P poor 18:9 25:14 R 27:7 11:3
paid 19:9,18 27:14 poorly 19:22 R 1:13 41:2 restaurateur 34:12 selection 6:2 14:12
panel 8:16 popular 20:9 range 29:4 37:12 Restautrant 4:16 send 9:22 10:22
parks 28:19 position 15:15,16 rate 13:2 return 5:13 40:15 16:9
part 5:6 11:9 17:16 15:16 reach 38:13 revenue 17:17 sending 6:16 7:24
17:18 20:6,19 possession 18:25 read 4:3 review 20:8 sense 8:7
22:3 32:22 19:20 real22:13 revised 36:10,12 separate 12:8
partially 20:7 possibility 30:12 really 13:7 16:1,4 37:16 Serota 21:19
parties 15:4 possibly 8:25 26:12 17:19 19:1 29:1 re-open 40:12 service 18:9 19:11
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 46
session 1:19 4:17 stay 28:9 take 7:17 25:13,25 thrown 38:25 value 11:13,14,15
5:10 40:13 stays 39:17 27:23,23,25 29:2 throw-up 31:9 18:19 19:2 27:4
sets 31:13 stealing 28:6 38:2 39:21,22 tied 24:2 27:13 29:13 31:22
settle 6:14 7:9 stenographic 1:23 taken 1:21,23 19:20 time 1:21 3:22 8:7 verify 32:13
13:11 36:17 38:5 41:10 takes 38:5,6 8:12 10:6 21:15 Vice 2:3 3:8,9,18,20 H'
settlement 5:16 stenographically talk 6:6 10:21 15:8 27:3 29:10 37:5 24:22 25:10 29:11
6:12,20 18:19,24 41:8 18:7 20:20 26:4 times 20:19 21:2 34:21 35:3
36:12 38:4 stick 13:19 26:25 32:24 28:18 view 34:3
settling 26:8 38:23 stink 30:11 talking 23:25 25:24 today 20:19 32:19 visit 34:7
seven 8:15 stinks 30:8 31:18 38:3 33:9 volunteer 9:6
sheet 6:14 stones 18:7 tape 31:20 told 6:18 10:5 31:3 vs 1:4,12
shell 11:7,18,18 stop 5:15 Tarpon 12:1 31:12
12:15 15:20,20 stopped 21:17 taxpayers 32:12 Tom 2:8 4:22 12:5 W
17:4,5 22:19 28:1 stored 34:11 tell 8:4,5,12 11:13 33:3 W 1:22
29:14 story 14:1 13:13 19:13,25 tomorrow 6:22 walk 14:7 27:25
shop 28:7 29:16,20 strategically 34:1 30:18 38:16 10:21 11:14 32:24 34:14 39:9,25
shot 14:22 stratosphere 37:23 telling 36:3 36:3 40:6
show 6:7 10:3 21:25 strip 27:25 temporarily 5:8,19 tonight 4:25 7:13 wall 13:18
31:20 34:10 strong 22:17 40:8 total 6:13 Walter 2:5 4:21 9:6
sick 29:25 30:7 strongly 21:9 tenancy 16:20 touch 11:21,23 9:21
side 6:4 24:3 33:1 structure 15:5,8 tenant 19:1 40:1 20:14 want 4:3,5 8:7
sides 23:15 stuff 10:16 11:6,10 term 18:3 tough 28:18 10:20 11:10,12
signal 6:17 11:11 20:13,21,22 terminated 40:14 tougher 17:7 15:8 18:25 19:1,4
signed 15:1,6 20:24 21:1 27:15 terms 19:17 38:17 transcript 5:6 41:9 24:8,11,19 27:1
significant 19:3 27:23 31:4,21 terrible 12:23 13:3 treated 18:9 29:13,13,14,17
site 34:1 33:16 34:11 39:24 testified 33:6,14 treatment 20:7 34:20 35:1 36:14
sites 20:8,9 styled 3:25 testimony 31:18 trial 8:8 32:19,20 37:5,15 38:1,7
sitting 21:22 subject 12:13,13 Thank 3:20,21 tried 8:6 32:19 39:8,18,19 40:2
six 8:15 32:17 thing 4:4 10:2,4 Trip 20:9 wanted 11:21,23,24
skimming 30:25 sublease 17:11 22:3 12:21,24,25 13:11 true 10:3 12:1 14:9
slam 16:23 22:4,5,6 23:24 23:15 24:19,22 33:21 41:10 wants 7:8,9 33:1
smaller 16:16 subleased 17:10 26:8,10 33:11 trust 24:12 warned 8:25
smells 30:14 21:23 35:23 36:2 try 7:15 10:17 18:6 wasn't 15:5 36:25
somebody 16:22 subleasing 24:19 things 13:3 31:3 trying 6:7 7:21,22 wasting 37:5
17:2 24:8 27:6 sublet 27:5 37:14 38:10 39:21 8:17 16:21 21:7 Watch 1:16 4:15
31:12 substantial 15:9 think4:24 8:2 9:21 21:16 28:8,16 way 9:10 12:7 18:9
someplace 28:20 17:3 37:17 10:2,6,25 14:20 Tweet 20:22 20:21 30:19 32:11 '
soon 23:11 substantially 14:18 15:4 16:13 18:10 Twitter 20:21 week 8:24 9:1,2
sounds 35:19 16:16 18:18 20:4,12,14 two 9:1 12:4,13 36:12
Special 2:9 4:23 sum 35:2 21:4 24:20 25:11 13:25 21:14 22:7 went 11:22 32:19
spoke 7:1 summary 13:15 25:13 28:5 29:6,8 28:23 31:13 38:21
spooked 32:22 summertime 28:13 29:11 32:7,10 two-story 14:9,24 weren't 16:4
spread 32:3 supplement 22:18 33:25 38:2,24 15:5 we'll 36:16
spreading 31:23 23:22 39:3,5 willing 29:21
squawked 29:1,2 supplemental 15:23 third 17:23 19:18 U win 17:1 18:14 36:4
stagnating 27:10 support 11:3 14:25 third-party 1:17 ultimately 15:24 winning 18:11,22
standards 18:1,5 20:5 4:16 umbrellas 30:22 witness 6:8 2 1:11
standing 12:2 19:17 supposed 7:25 thought 7:1 22:18 34:11 33:2
f
start 8:18 9:11 17:20 37:1 28:9 34:2 uncurable 21:13 woman 8:16
14:14 23:5 35:3 sure 9:7 14:14 23:8 thoughts 10:22 understand 7:19,20 word 21:1
35:13 36:24 37:1 38:21 14:19 8:10 9:17 words 16:22 38:11
39:21 surprise 34:7 thousand 29:9 United 1:24 work 6:24 7:15
started 12:14 37:22 suspect 38:22 three 17:8 22:3 34:6
starts 35:21 Sven 1:2,13 4:8,13 31:11,19 V worked 31:2
State 1:6,10 4:10,12 three-year 34:20 v 4:8 working 22:25
41:4 T threw 13:18 vague 18:1 19:23 worried 13:5,8
Statute 3:24 T 41:2,2 throw 18:6 valuable 19:20 worse 30:14
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221
Page 47
worst 20:1 28:9 32 13:16
39:11 33316 1:25 1,
worth 26:9 29:8
wouldn't 23:23 4
31:25 400 10:25
Y 5
yeah 5:25 8:20 19:8 5:30 1:21 3:22
20:15 26:4 37:13 50 28:12
37:22 39:12
years 12:4,14 17:13 6
19:4 26:13 28:3 6 16:12
28:24 30:14 31:11 6:08 40:19
yesterday 13:14 600 31:24
670 25:21 30:3
Z
zero 18:16 7
700 11:1 31:24
$ 75% 16:14
$2.46 6:13 750 30:1,2 34:18,19
$6 30:16 36:22 37:1 35:2,3,18
$600,000 25:20
27:17 32:14 37:10 8
$680,000 38:16 80 21:2
$750,000 39:10 856 11:6
0
04 4:3
09-0512614:2
1
1 8:19,21
10 8:19
loth 41:11
10%37:8
100 1:22
1218 1:24
15 28:3
16 1:21
17th 4:1
2
2 12:13
2:30 6:22 32:24
20 10:14 26:13
30:13 39:10,15
200 35:14
2011 1:21 41:11
25 18:12 29:2
250 31:10,10,10
35:14
286.011(8)3:24
3
3rd 1:24
30 4:18
30% 18:12
"CONFIDENTIAL"
CONFIDENTIAL*
954-525-2221