Filing # 44456733 E-Filed 07/26/2016 05:22:48 PM IN THE CIRCUIT COURT OF HERNANDO COUNTY, FIFTH JUDICIAL COURT OF FLORIDA HERNANDO COUNTY, Plaintiff/Counter-Defendant vs. CASE NO.: H-27-2014-CA-1862 CORPORATE JET SOLUTIONS, INC., Defendant‘Counter-Plaintiff, / CORPORATE JET SOLUTIONS, INC.’S MOTION FOR LEAVE, TO AMEND COUNTER-COMPLAINT AND ADD PARTY DEFENDANTS Defendant/Counter-Plaintiff CORPORATE JET SOLUTIONS, INC. (“CJS”), by and through its undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.190 and 1,250, hereby requests leave to amend.its Third Amended Counter-Complaint to add additional claims and party defendants, and in support thereof states as follows: 1, On September 17, 2015, CJS: filed its Verified Third Amended Counter- Complaint against Hernando County, asserting claims for (i) breach of the leases, (ii) promissory estoppel, and (iii) fraud in the indueement. 2. On October 15, 2015, the County filed a Motion to Dismiss CJS’s Verified Third Amended Counter-Complaint, in part attacking the validity of CJS’s claim for fraud in the inducement. This Court denied the County’s Motion to Dismiss on April 6, 2016. 3. Thereafier, on June 6, 2016, the County filed a partial Motion for Judgment on the Pleadings, once again attacking the validity of CJS’s claim for fraud in the inducement. This Court also denied the County's Motion for Judgment on the Pleadings on July 6, 2016 4, CJS seeks to file a Fourth Amended Counter-Complaint in order to address and clarify some of the issues raised in the County’s prior motions in an effort to prevent the necessity of similar motions being filed by the County in the future. CJS also seeks to file a Electronically Filed Hemando Case # 14001863@RAKRIR 07/26/2016 05:22:48 PMFourth Amended Counter-Complaint to join several necessary and proper party defendants to ensure that the conclusion of this matter results in a final determination regarding the factual circumstances of this case. 5. Florida Rule of Civil Procedure 1.190(a) provides that leave to amend a pleading “shall be given freely when justice so requires.” Moreover, “[tJhe public policy of Florida is to freely allow amendment of pleadings,” Carter v. Ferrell, 666 So. 2d 556, 557 (Fla. 2d DCA 1995), and the ““[rJefusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the privilege to amend has been abused; or amendment would be futile.” Video Independent Medical Examination, Inc. v. City of Weston, 792 So, 2d 680, 681 (Fla. 4th DCA 2001) (quoting Spradley v. Stick, 622 So. 24 610, 613 (Fla. Ist DCA 1993)) 6. No party will be prejudiced by the granting of this Motion, The case is not on the Court’s trial calendar, and the discovery deadline has not yet passed. te A copy of CJS’s Fourth Amended Counter-Complaint is attached hereto as Exhibit “A” and fully incorporated herein by reference. WHEREFORE, Defendant/Counter-Plaintiff CORPORATE JET SOLUTIONS, INC. respectfully requests that its Fourth Amended Counter-Complaint attached hereto as Exhibit “A” be deemed filed as of the date hereof, together with an award of such other and further relief as the Court may deem just and proper. [Signature block to appear on the following page] Page 2 of 3Dated: July 26, 2016. Respectfully submitted, THE BLEAKLEY BAVOL LAW FIRM. J. Ronald Denman, Esq. FBN 0863475 Christina C. Hebert, Esq. FBN 0065005 15170 North Florida Avenue ‘Tampa, Florida 33613 Telephone: (813) 221-3759 Facsimile: (813) 221-3198 rdenman@bleakleybavol.com chebert@bleaklevbavol,com Co-Counsel for Defendant/Counter-Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed through the Florida Courts E-Filing Portal to Joseph R. Flood, Jr., Esquire at jNlood@drit- la com, judy@drml-law.com and Robert Allen Morris, Esquire, at service@morrisla.com; michelle@morrisig.com on this 26th day of July, 2016. Y. Rowald Denman Attorney Page 3 of3IN THE CIRCUIT COURT OF HERNANDO COUNTY, FIFTH JUDICIAL COURT OF FLORIDA HERNANDO COUNTY, Plaintift? Counter-Defendant vs. CASE NO.: H-27-2014-CA-1862 CORPORATE JET SOLUTIONS, INC., Defendant‘Counter-Plaintiff, CORPORATE JET SOLUTIONS, INC., Counter-Plaintifi/Defendant vs. HERNANDO COUNTY, Counter-Defendant Plaintiff; WAYNE DUKES, individually, DIANE ROWDEN, individually, NICK NICHOLSON, individually, and LEONARD SOSSAMON, individually / FOURTH AMENDED COUNTER-COMPL, COMES NOW, Corporate Jet Solutions, Inc., by and through its undersigned attorney and files its Fourth Amended: Counter-Complaint against Hernando County, Wayne Dukes, individually, Diane Rowden, individually, Nick Nicholson, individually, and Leonard Sossamon, individually, as follows: JURISDICTIONAL FACTS 1. Corporate Jet Solutions, Inc., is a for-profit Florida Corporation licensed to do business in the state of Florida (hereinafter “CJS”). CJS provides maintenance and aviation fuel to large commercial jet and propeller airplanes. 2. Hemando County is the governing body of Hemando County, a political subdivision of the State of Florida (hereinafter, the “County”). The County is the owner of real EXHIBIT “A”property situated within its county borders which at all times material to this cause leases portions of its lands to private entities and persons who wish to do business at or near the Brooksville-Tampa Bay Regional Airport and Technology Center (the “Airport”) 3. Wayne Dukes is, and at all material times in the counter-complaint was, an individual residing in Hernando County, Florida, and is otherwise sué juris, 4. Diane Rowden is, and at all material times in the counter-complaint was, an individual residing in Hernando County, Florida, and is otherwise sui juris. 5. Nick Nicholson is, and at all material times in the counter-complaint was, an individual residing in Hernando County, Florida, and is otherwise sui juris, 6 Leonard § amon is, and all’ material times in this counter-complaint was, an individual residing in Hernando County, Florida, and is otherwise sui juris, 7. All material facts alleged within this Counter-Complaint occurred in Hernando County, Flori and concerned leased real property in Hernando County, Florida 8. ‘The County advertised on its website an available for lease aviation facility ideal for an aircraft charter service; maintenance, repair and overhaul operation; aviation manufacturer or supplier; and fixed based operator (“FBO”). Included in this advertisement were certain specifications regarding the hangar at 15421 Technology Drive (the “Main Hangar”), which included representations that the Main Hangar door was 30 feet tall and 125 feet wide. A copy of the relevant portions of the advertisement is attached as CJS Composite Exhibit “A” and is incorporated herein by reference as if set forth in hae verba. 9. In response to the solicitation of hangar space available at the Airport, CJS contacted the County and inquired about the opportunity being solicited. On April 26, 2013, CIS EXHIBIT “A”delivered to the Airport Administrative Office a proposal to operate its business at the Airport (the “CIS Proposal”). 10, Hemando County Aviation Authority (hereinafter referred to as “HCAA”) is an advisory board appointed by the Hernando County Board of County Commissioners (HCBCC”). 11. On May 9, 2013, CJS presented its Proposal to the HCAA at its monthly meeting. 12. Ata special public meeting of the HCBCC held on June 14, 2013, CJS made a presentation of its intent to fulfil its business plan at the BrooksvilleTampa Bay Airport (FAA designated abbreviation: BKV) and seck approval by the County of its business plan. Present at this meeting were County Commissioners Wayne Dukes, Diane Rowden, and Nick Nicholson, as well as County Administrator Leonard Sossamon. 13, As part of the agenda, written leases were submitted by the County staff’ for consideration. While the HCBCC approved the submitted written leases, it instructed staff, including Administrator Sossamon, not to bring the issue back to the board, and for staff to work out any remaining details: “Before staff received its instructions from HCBCC at the public meeting, CIS advised the HCBCC that there were still many details of the lease to work out due to the physical conditions of the Main Hangar space. 14, Affer advising the HCBCC of the remaining details regarding the physical condition of the Main Hangar Space, CJS was assured by the HCBCC that the County would uphold its end of the bargain and do everything it needed to do to address CJS’ concerns and finalize the leases. 15. The HCBCC charged County Administrator Leonard Sossamon with this task, and directed that Sossamon be involved in negotiating the final details regarding the leases and EXHIBIT “A”the physical condition of the Main Hangar space due to his prior experience in developing airports. Mr. Sossamon accepted this directive, and went on record describing his prior experience in building and developing another airport. 16. At the meeting Mr. Sossamon also represented that the fuel facility at the Main Hangar space would be fully functional prior to the beginning of the CJS leases. 17, Asa result of meetings with the HCAA, the HCBCC, the Airport Manager and the County Administrator, two (2) commercial leases were negotiated with CJS. Following the County’s approval of the business plan prepared by CIS, and approval of the County to enter into two separate leases, the leases were recorded in the public records in and for Hernando County Florida, 18. The Aviation Lease Agreement for Commercial Aviation Services (“Lease for the Main Hangar and FBO”) located at 15421 Technology Drive was recorded in Hernando County Official Records at Book 3030, Page 1422 and includes a punch list of items to be repaired by the County (hereinafter, the “Punch List”), County Administrator Leonard Sossamon and County Commissioner Nick Nicholson were both pr ent at the meeting where the signing of the Lease for the Main Hangar and FBO took place. At the meeting, County Administrator Leonard Sossamon represented that the Punch List was to be a part of the Lease for the Main Hangar and FBO, which is reflected in the inclusion of the Punch List n the official copy of the lease recorded in the Hemando County public records. 19. The Corporate Hangar Lease Agreement (“Small Hangar Lease”) for the 6,000 square foot hangar located at 16308 Flight Path Drive was also recorded in Hernando County Official Records at Book 3030, Page 1405. EXHIBIT “A”20. A copy of the Lease for the Main Hangar and FBO and the Small Hangar Lease (hei after, the “Leases”) are attached as CJS Composite Exhibit “B” and incorporated herein by reference as if set forth in haee verba. COUNTI BREACH OF THE LEASES 21. This is a cause of action for breach of the aforementioned Leases resulting in monetary damages to CJS in excess of Fifteen Thousand Dollars ($15,000.00). 22. CJS realleges the facts contained within paragraphs one (1) through twenty (20) herein as if set forth in haec verba. 23. After the Leases were executed and CJS had moved onto the property, the County made attempts to cure certain of the items on the Punch List. 24, These corrective attempts were ineffective and incomplete and CIS continued to be damaged by the failure of the County to complete and correct the items listed on the Punch List 25, The Punch List items included, but were not limited to, erosion around the entrance to the hangar at the FBO Center, and safety and legal compliance problems with the fuel farm, preventing CJS from fully utilizing the leased premises and limiting its fuel sales while in possession of the leased premises. Additionally, the erosion around the Main Hangar prevented CJS from bringing aircraft into the Main Hangar due to the jetporter hanging up in the depression while attempting to move airerafi in and out of the Main Hangar. Further, moving the aireraft into the Main Hangar could damage any aircraft being maneuvered into the Main Hangar and thus preventing CJS from fully utilizing the leased space 26. Atall times material to this lawsuit, Minimum Operating Standards were adopted by the County for the Airport. These standards were in place from its inception on May 13, 2004 EXHIBIT “A”and beyond the time period that CJS occupied the leased premises. The Minimum Operating Standards for Fixed Base Operators at the Airport is found under Part VI-Subpart A- ixed Based Operators. A copy of this section is attached as CJS Composite Exhibit “C” and is incorporated herein by reference as iff set forth in haee verba. 27. Section 3.b. of Part VI-SUBPART A, found at page 10 reads as follows: b. Each FBO shall have and maintain at least one metered and filter-equipped Aircraft Fuel Dispenser, as approved by all governmental authorities having jurisdiction, for dispensing 100-octane or greater Aviation Fuel from an approved above- ground storage tanks having a minimum capacity of 10,000 gallons. 28. The fuel farm assigned to CJS under the Leases contained thtee (3) fuel storage tanks, Two of the three storage tanks were dedicated to jet aviation fuel by its specific required piping for such fuel. These two tanks were 10,000 gallons and 12,000 gallons respectively. ‘The third storage fuel tank was only 4.000 gallons and dedicated to AVGAS fuel due to its specific required piping for such fuel. AVGAS fuel is an aviation fuel used in piston reciprocating airplane engines, which fuel is rated at low lead 100 octane, All three tanks were owned by the Florida Department of Health, Bureau of Environmental Health and allowed to be used by the County. 29. The condition of these three fuel tanks and the attached parts to utilize the tanks (“the piping”) made them unusable and dangerous. Further, the existing tanks had a combination of ferrous metal piping and stainless steel piping, as opposed to the industry standard of using only stainless steel piping. 30. Despite many requests to the County to repair said tanks, the tanks remained unsuitable for use for several months, Further, CJS was never permitted to use a tank that EXHIBIT “A”complied with the Minimum Operating Standards of Hernando County, thereby denying CJS of the full benefit of its Leases. 31. During CJS’s occupancy of the premises, the county-owned telephone system and the CJS-owned electronic equipment suffered damage due to lightning strikes. The leased hangers did not have any protection from lightning strikes. The County was required to keep and maintain the structure of the building (See Article 7 of the Main Hangar Lease) and re any damage without unreasonable delay (See Article 16 of the Main Hangar Lease) the County failed to make said repairs within a reasonable time 32, CIS retained Wilson Technology Group, Ine., to determine the causation of the damages initially caused by lightning, but to also determine if there were other causes which led to the disruption of business to CJS. /A copy of said report from Wilson Technology Group, Ine is attached as CJS Composite Exhibit “D” and is incorporated herein by reference as if set forth in haee verba. 33, CJS, while occupying the leased premises, noticed that the Main Hangar door would only open to one hiiidred and nine feet (109°) when it was designed to open for one hundred twenty-nine feet (129°). Further, the smaller hangar door would not open fully due to a malfunctioning motor. CIS notified the County of these structural defeets but the repairs to these defects were never made. 34. To service the fucling of aircraft at the leased premises, a fuel truck was required to drive from the fuel farm to the aireraft by accessing an electronic gate, This gate was malfunctioning for most of the occupancy by CJS. During periods of the gate malfunctioning, CIS was forced to drive its fuel trucks over unpaved and unsafe terrain to aircraft it serviced. EXHIBIT “A”35. CJS continued to inform the County of its failure to complete the Punch List items and to bring the leased property into compliance with the Leases as well as the County's failure to comply with the County Code and other statutory building regulations. Copies of some of the written notifications to the County are attached as CJS Composite Exhibit “E” and are incorporated herein by reference as if set forth in hae verba, 36. In reliance on the County’s affirmative representations that it would complete to the satisfaction of CJS the Punch List items and related malfunctions to the structures of the leased premises, CJS paid rent until it was apparent that no further work related to the Punch List and other malfunctions to the structures were going to be completed, 37. CJS consequently stopped paying rent to the County in August of 2014 pursuant to the Lease term which stated that if the Punch List items were not completed within thirty (30) days from the execution of the Leases, there would be no further “cost or obligation.” A copy of said page of the Lease which was recorded in Hernando County Official Record Book 3030 Page 1448 is attached hereto as CJS Composite Exhibit “F” and is incorporated herein by reference as if set forth in haec verba, 38. County Comn jioner Wayne Dukes met with CJS on behalf of the County between 1:00 p.m, and 3:15 p.m, on October 7, 2014 to discuss the aforementioned issues, and at that meeting Commissioner Dukes represented 1 mself as having full authority to bind the County, 39, Mr. Dukes, as County Commissioner and Leonard Sossamon, as County Administrator acted as agents for the County and agreed to the following resolutions including, but not limited to: EXHIBIT “A”a. As to the tank, CJS would install its purchased fuel tank, the cost of which would be a set-off from CJS’s Lease payments. The estimated cost of the installed tank was approximately $30,000.00. b. As to the damages of the lightning strike, the estimated cost to repair the County's telephone system, defective grounding and other service equipment would be an additional $30,000.00 of which the County ‘would either repair or have repaired at its expense. ¢. The County was to perform repairs at its expense to the asphalt floors going into the entrance of the Main Hangar and correct the deficiencies in the Main Hangar door. 4. The County would create a new road at its expense for fuel trucks to give better access to service aircraft and jet aircraft for fueling due to the malfunctioning gate. 40. On or about November 6, 2014, despite the resolutions between the parties, the County, through the Airport Manager, served a 3-day eviction demand letter upon CIS (the “Letter”), the Letter is attached hereto as CJS Exhibit “G” and incorporated herein by reference set forth in haee verba, 41. | As a showing of good faith, CJS deposited the sum of $32,864.16 into the Registry of this Court in the County Court action filed by the County to be held pending further order of this Court, 42. It became apparent to CJS that the County was not going to honor its commitment or obligations under the Leases to cure the deficiencies identified by CJS subsequent to the signing of the Leases as well as the deficiencies named in the Punch List portion of the Lease, and that CJS could no longer maintain its business at the location without suffering significant damages to its business and reputation. As a result of the County’s breaches, CJS was effectively forced to vacate the premises. 43. On December 17, 2014, CJS through its attorneys sent a Notice of Termination of the two subject Le raph 2D of the Leases. Said Notice was delivered to the eS pursuant to Pari EXHIBIT “A”County on December 19, 2014. A copy of the Notice and return receipt is attached as C. it Composite Exhil ” and made a part herein as if set forth in haec verba. 44. The aforementioned Notice of Termination stated that CJS would vacate the premises under both Leases by 11:59 pm on December 31, 2014. As a result of receiving the Letter, the County conducted a walk-through with CJS on December 31, 2014 to verify the condition of the premises as well as verify the departure of CJS 45. On January 8, 2015, the County sent a letter to CJS that confirmed that the leased property was left in satisfactory condition by CJS. This letter is attached as CJS Exhibit “I” and made a part herein as if set forth in hace verba. 46. Asa result of the above-described breaches and failure by the County to abide by the terms of the Leases, CJS has. suffered damages, including but not limited to loss of rent payments made, cost of repairs, relocation expenses, loss of business opportunities in the past and in the future, and lost profits in the past and in the future. WHEREFORE, CJS prays for judgment against the County for damages, costs, and all other remedies available under Florida law. COUNT II 47. This isa cause of action for promissory estoppel resulting in monetary damages to CJS in excess of Fifteen Thousand Dollars ($13,000.00). 48. CIS realleges the facts contained within paragraphs one (1) through twenty (20) herein as if set forth in haee verba. 49. CIS gave notice to the Chief Financial Officer for the State of Florida, Jeff? Atwater, and the County of its Notice of Intent to file various torts for damages to CJS. A copy EXHIBIT “A”of said Notice and proof of service is attached as CJS Composite Exhibit “J” and is incorporated herein by reference as if'set forth in haee verba. 50. Atall times material to this lawsuit, Minimum Operating Standards were adopted by the County for the Airport. ‘These standards were in place from its inception on May 13, 2004 and beyond the time period that CJS occupied the leased premises. The Minimum Operating Standards for Fixed Base Operators at the Airport is found under PART VI-SUBPART A-Fixed Based Operators. A copy of this section has been previously attached as CJS Composite Exhibit “C”. $1. Section 3.b. of Part VI-SUBPART A, found at page 10 reads as follows: b. Each FBO shall have and maintain at least one metered and filter-equipped Aireraft Fuel Dispenser, as approved by all governmental authorities having jurisdiction, for dispensing 100-octane or greater Aviation Fuel from an approved above- ground storage tanks having a mini gallons. 52. The fuel farm assigned to CJS under the Lease contained three (3) fuel storage tanks. Two (2) of the three storage tanks were dedicated to jet aviation fuel by its specific required piping for such fuel. These two tanks were 10,000 gallons and 12,000 gallons respectively. Jet Aviation Fuel is used in turbine engines and is not rated in octane. This fuel is basically diese! fuel which is refined twice to remove excess water so that the fuel will not freeze at high altitudes. ‘The third storage fuel tank was only 4,000 gallons and dedicated to AVGAS fuel due to its specific required piping for such fuel. AVGAS fuel is an aviation fuel used in piston reciprocating airplane engines and which fuel is rated at low lead 100 octane. 53. When CIS moved into the leased premises and after the execution of the Leases, the Airport Manager at the time, Don Silvernell, informed CJS that the 4,000 gallon tank did not meet the minimum operating procedures of the Airport, and that the tank would have to be EXHIBIT “A”replaced to meet the Minimum Operating Standards of the County. Further, the County did not advise CJS that the fuel farm tanks had previously failed inspection by the Florida Department of Health, Bureau of Environmental Health, 54, After the departure of Don Silvernell, CJS continued its discussions about deficiencies with the leased premises with Mr. Dukes, as County Commissioner; Leonard Sossamon, as County Administrator, and Kevin Daughtery, as Airport Manager. Mr. Dukes and Mr. Sossamon, acting as agents for the County, agreed to the following resolutions including, but not limited to: a. As to the tank, CJS would install its purchased fuel tank, the cost of which would be a set-off from CJS’s Lease payments. The estimated cost of the installed tank was approximately $30,000.00. b. As to the damages of the lightning strike, the estimated cost to repair the County’s telephone system, defective grounding and other service equipment would be an additional $30,000.00 of which the County would either repair or have repaired at its expense. c. The County was to perform repairs at its expense to the asphalt floors going into the’ entrance of the Main Hangar and correct the deficiencies in the Main Hangar door 4. The County would create a new road at its expense for fuel trucks to give better access to service aircraft and jet aircraft for fueling due to the malfunctioning gate. 55. After CJS signed the Leases, between approximately July 2013 and February 2014, County Commissioner Rowden also repeatedly informed CJS representatives that the issues with the leased premises outlined in the Punch List contained within the Lease for the Main Hangar and FBO would be addressed by the County. Commissioner Rowden repeatedly rd. followed up with Administrator Sossamon in that r 56. County Commissioner Nicholson also visited the leased premises closely after the Leases were executed to examine the premises and the flooding/drainage issues associated EXHIBIT “A”therewith. At that time, Nicholson represented to CJS representatives that he would see to it that the drainage issues related to the premises and the fuel farm would be remedied by the County. Nicholson also assured CJS that the problems with the fuel system would be remedied, iance of the Minit 57. In reliance upon the position of non-comp! jum Operating Standards of the fuel farm and the other representations by the aforementioned representatives of the County, CJS advised the County that it was purchasing a 15,000 gallon fuel tank to be dedicated to AVGAS fuel only. Additionally, CJS made the decision to remain on the premises in reliance of the promises made by the County. 58. It was reasonable for CJS to rely upon the representations by the County agents and officials and it was reasonably foreseeable to the County that CJS would rely upon its representations, inducing CJS to act upon those promises and/or to forebear taking action of terminating the Lease based tupon those promises made'by the County. 59. CJS. detrimentally relied upon the representations by agents of the County by purchasing the 15,000 gallon fuel tank and remaining on the premises. 60. Subsequent 10 CIS’s purchase of the new tank, the County changed its interpretation of the Minimum Operating Standards for the Airport and in particular the standards related to the size of the fuel tank. ‘This new interpret mn was that the existing 4,000 gallon tank complied with the Minimum Operating Standards, contrary to the plain language and customary meaning of cited operating standards as well as the previous statements by County officials. 61. Further, all of the promises of correcting the structural deficiencies by the County at its expense at the leased premises, including but not limited to the hangar doors, non-operating hangar door motors, water intrusion issues, depression entrance issues, new road for the fuel EXHIBIT “A”farm and the allowing of the installation of the new fuel tank purchased by CJS into the fuel farm leased by CJS, were cancelled. 62. Injustice can be avoided in this instance only by enforcement of the promises made by the County. 63. Asa result of the County's failure to abide by its promises, CJS has suffered damages, including but not limited to loss of rent payments made, cost of repairs, relocation expenses, loss of business opportunities in the past and in the future, and lost profits in the past and in the future. WHEREFORE, CIS prays for judgment against the County for damages, costs, and all other remedies available under Florida law. COUNT II FRAUD IN THE INDUCEMENT (as to the County) 64, This is a cause of action for fraud in the inducement resulting in monetary damages to CJS in excess of Fifteen Thousand Dollars ($15,000.00). 65. CJS realleges the facts contained within paragraphs one (1) through twenty (20) herein as if'set forth in haee verba. 66. CIS gave noi to the Chief Finan Officer for the State of Florida, Jeff Abwater and the County of its Notice of Intent to file various torts for damages to CJS. A copy of said Notice and proof of service has been previously attached as CJS Composite Exhibit “J.” 67. The County, through its authorized representatives acting in their representative capacities, made numerous false statements of material fact in June 2013 (while CJS was seeking approval and negotiating the Leases) to fraudulently induce CJS to enter into the Leases. The County’s false statements of material fact include, but are not limited to: EXHIBIT “A”a, Commissioner Rowden’s representation that the County would fulfill its obligations with regards to the Leases and the leased premises in order to ease (and remedy) CJS’ concerns regarding the neglected condition of the leased premises. b. Administrator Sossamon’s representation that the email associated with the Punch List of deficiencies would be part of the Lease. These three pages were recorded in the Public Records of Hernando County by the County and have been previously attached as CJS Composite Exhibit “F” and are incorporated herein by reference as if set forth in hace verba. c. Administrator Sossamon’s representation that the out-of-compliance fuel farm on the leased premises would be brought up to state and county code regulations within thirty (30) days. 4. Administrator Sossamon’s representation that the enumerated deficiencies of the leased premises would be corrected within thirty (30) days. e. Administrator Sossamon’s representation’ that the County would properly maintain the structures of the leased properties. £ Commissioner Duke’s representation that the County would provide everything that was required of it to finalize the Leases (which necessarily included remedying CJS’ concerns regarding the neglected condition of the leased premises). 68. The above-referenced facts contained in paragraph 67 were material to CJS in making its decision to enter into the Leases and move onto the premises. 69. The County representatives that made the above-referenced misrepresentations knew or should have known that they were false at the time they were made, and that the statements were made with the intention to induce CJS to enter into the Leases previously attached as Composite Exhibit “B.” 70. CIS justifiably relied upon the above statements made by authorized representatives of the County. EXHIBIT “A”71. When the County d its eviction proceedings, it took for the first time the legal position that the three pages recorded (email and Punch List) with the Lease were not ever a part of the Lease. In addition to the County changing its legal position about the Punch List, and consistent with its gross misconduct at causing harm to CJS, the County sent notice of its eviction proceedings to the bank utilized by CJS. 72. Asarresult of its reasonable reliance on the County’s material misrepresentations, CIS has suffered damages, including but not limited to loss of rent.payments made, cost of repairs, relocation expenses, loss of business opportunities in thé past and in the future, and lost profits in the past and in the future. WHEREFORE, CIS prays for judgment against the County for damages, cos other remedies available under Florida law. COUNT IV NEGLIGENT MISREPRESENTATION 73. This is a cause of action for negligent misrepresentation resulting in monetary damages to CJS in excess of Fifteen Thousand Dollars ($15,000.00). 74, CJS realleges the facts contained within paragraphs one (1) through twenty (20) herein as if set forth in haec verba. 75. CJS gave notice to the Chief Financial Officer for the State of Florida, Jef Atwater and the County of its Notice of Intent to file various torts for damages to CJS. A copy of said Notice and proof of service has been previously attached as CJS Composite Exhibit “J.” 76. The County, through its authorized representatives acting in their representative capacities, made numerous negligent misrepresentations of material fact in June 2013 (while CJS was seeking approval and negotiating the Leases). The County’s representations include, but are not limited to: EXHIBIT “A”a, Commissioner Rowden’s representation that the County would fulfill its obligations with regards to the Leases and the leased premises in order to ease (and remedy) CJS’ concerns regarding the neglected condition of the leased premises. b. Administrator Sossamon’s representation that the email associated with the Punch List of deficiencies would be part of the Lease. These three pages were recorded in the Public Records of Hernando County by the County and have been previously attached as CJS Composite Exhibit “F” and are incorporated herein by reference as if set forth in hace verba. c. Administrator Sossamon’s representation that the out-of-compliance fuel farm on the leased premises would be brought up to state and county code regulations within thirty (30) days. 4. Administrator Sossamon’s representation that the enumerated deficiencies of the leased premises would be corrected within thirty (30) days. e. Administrator Sossamon’s representation’ that the County would properly maintain the structures of the leased properties. £ Commissioner Duke’s representation that the County would provide everything that was required of it to finalize the Leases (which necessarily included remedying CJS’ concerns regarding the neglected condition of the leased premises). 77. ‘The County, through its authorized representatives acting in their representative capacities, made additional negligent representations of material fact following the execution of the Leases. These additional misrepresentations include, but are not limited to a. Commissioner Dukes and Administrator Sossamon’s representation that CJS would be permitted to install its purchased fuel tank and set- off its cost from CIS’ Lease payments (made in or around October 2014), b. Commissioner Dukes and Administrator Sossamon’s representation that the County would repair or have repaired at its expense the damages caused to the telephone system, defective grounding, and other service equipment caused by the lightning strike (made in or around October 2014), EXHIBIT “A”¢. Commissioner Dukes and Administrator Sossamon’s representation that the County was to perform repairs at its expense to the asphalt floors going into the entrance of the Main Hangar and correct the deficiencies in the Main Hangar door (made in or around October 2014). 4. Commissioner Dukes and Administrator Sossamon’s representation that the County would create a new road at its expense for fuel trucks to give better access to service aircraft and jet aircraft for fueling due to the malfunctioning gate (made in or around October 2014), €. Commissioner Dukes’ representation/directive to Sossamon to remedy the issues regarding the fuel tank and fuel farm (made in or around February 2014), £ Commissioner Rowden’s repeated representations that the problems complained of by CJS with regard to the Leased Premises, including but not limited those enumerated in the Punch List, would be remedied by the County (made between approximately July 2013 and February 2014). g. Commissioner Nicholson’s representation that the drainage and flooding issues related to the tarmac, fuel farm, self-service fuel station, and building would be remedied by the County (made at site inspection soon after signing of Leases, in or around July 2013). h, Commissioner Nicholson’s representation that the problems associated with the fuel farm would be remedied (made at site inspection soon after signing of Leases, in or around July 2013) 78. The County representatives that made the above-referenced misrepresentations were negligent in making the misrepresentations because they should have known that the misrepresentations were false 79. The County intended that its representations would induce CJS to rely and act upon them. 80. CJS justifiably and detrimentally relied on the above misrepresentations made by representatives of the County by executing the Leases, making payments and improvements to EXHIBIT “A”the leased premises, performing repairs to the leased premises, and remaining on the leased premises by declining to exercise its termination right. 81. Asa result of its justifiable reliance on the County’s negligent misrepresentations, CIS has suffered damages, including but not limited to loss of rent payments made, cost of repairs, relocation expenses, loss of business opportunities in the past and in the future, and lost profits in the past and in the future. WHEREFORE, CIS prays for judgment against the County for damages, costs, and all other remedies available under Florida law. COUNTY: FRAUD IN THE INDUCEMENT (as to Leonard Sossoman) 82. This is a cause of action for fraud in the inducement resulting in monetary damages to CJS in excess of Fifieen Thousand Dollars ($15,000.00). 83. CJS realleges the facts contained within paragraphs one (1) through twenty (20) herein asf set forth in haec verba, 84. Altemativelyy Leonard Sossamon, while acting within the scope of his employment as County Administrator, made several fraudulent statements of material fact to CJS in June 2013 (while CIS w: ing approval and negotiating the Leases) to induce CJS to enter set into the Leases with the County. These material facts include, but are not limited to: a. That the email associated with the Punch List of deficiencies would be part of the Lease. These three pages were recorded in the Public Records of Hemando County by the County and have been previously attached as CJS Composite Exhibit “F” and are incorporated herein by reference as if set forth in haec verba, b. That the out-of-compliance fuel farm on the leased premises would be brought up to state and county code regulations within thirty (30) days. EXHIBIT “A”c. That the enumerated deficiencies of the leased premises would be corrected within thirty (30) days. d, That the County would properly maintain the structures of the leased properties 85. The above-referenced fraudulent statements contained in paragraph 84 were material to CJS in making its decision to enter into the Leases and move onto the premises. 86. Administrator Sossamon knew or should have known that the fraudulent statements contained in paragraph 84 were false at the time they were made, and he made the statements with the intention to induce CJS to enter into the Leases previously attached as Composite Exhibit “B.” 87. Additionally, the fraudulent, statements/facts contained in paragraph 84 were made by County Administrator Leonard Sossamon in bad. faith, recklessly, and with gross indifference to CJS, while within Sossamon’s scope of employment as County Administrator and representative of the County. 88. CIS justifiably relied on the above fraudulent statements made by Administrator Sossamon, 89. As a result of its reasonable reliance on Sossamon’s fraudulent misrepresentations, CIS has suffered damages, including but not limited to loss of rent payments made, cost of repairs, relocation expenses, loss of business opportunities in the past and in the future, and lost profits in the past and in the future, WHEREFORE, CJS prays for judgment against Leonard Sossamon for damages, costs, and all other remedies available under Florida law. EXHIBIT “A”FRAUD IN THE INDUCEMENT (as to Diane Rowden) 90. This is a cause of action for fraud in the inducement resulting in monetary damages to CJS in excess of Fifteen Thousand Dollars ($15,000.00), 91. CJS realleges the facts contained within paragraphs one (1) through twenty (20) herein as if set forth in haee verba. 92. Alternatively, Diane Rowden, while acting within the scope of her employment as County Commissioner, made fraudulent statements of material fact to CJS in June 2013 (while CIS was seeking approval and negotiating the Leases) to induce CJS to enter into the Leases with the County, Commissioner Rowden’s fraudulent statements included, but are not limited to, her representation to CJS that the County would fulfill its obligations with regards to the Leases and the leased premises in oder to ease (and remedy) CJS? concerns regarding the neglected condition of the leased premises 93. The above-referenced fraudulent statement was material to CJS in making its decision to enter into the Leases and move onto the premise 94. Commissioner Rowden knew or should have known that the fraudulent statement was false at the time it was made, and she made the statement with the intention to induce CIS to enter into the Leases previously attached as Composite Exhibit “B.” 95. Additionally, the fraudulent statement/faet was made by County Commissioner Diane Rowden in bad faith, recklessly, and with gross indifference to CJS, while within Rowden’s scope of employment as County Commissioner and representative of the County: 96. CJS justifiably relied on the above fraudulent statement made by Commissioner Rowden. EXHIBIT “A”97. Asa result of its reasonable reliance on Rowden’s fraudulent misrepresentation, CJS has suffered damages, including but not limited to loss of rent payments made, cost of repairs, relocation expenses, loss of business opportunities in the past and in the future, and lost profits in the past and in the future. WHEREFORE, CIS prays for judgment against Diane Rowden for damages, costs, and all other remedies available under Florida law. COUNT VII FRAUD IN THE INDUC! {as to Wayne Dukes) 98. This is a cause of action for fraud in)the inducement resulting in monetary damages to CJS in excess of Fifieen Thousand Dollars ($15,000.00). 99. CIS realleges the facts contained within paragraphs one (1) through twenty (20) herein as if set forth in haee verba. 100. Alternatively, Wayne Dukes, while acting within the scope of his employment as County Commissioner, made fraudulent statements of material fact to CJS in June 2013 (while CIS was seeking approval aid negotiating the Leases) to induce CJS to enter into the Le: with the County. Commissioner Dukes’ fraudulent statements include, but are not limited to, his representation to CJS that the County would provide everything that was required of it to finalize the Leases (which necessarily included remedying CJS’ concerns regarding the neglected condition of the leased premises). 101, The above-referenced fraudulent statement was material to CIS in making its decision to enter into the Leases and move onto the premises. EXHIBIT “A”102. Commissioner Dukes knew or should have known that the fraudulent statement was false at the time it was made, and he made the statement with the intention to induce CJS to enter into the Leases previously attached as Composite Exhibit “B.” ioner 103. Additionally, the fraudulent statementfact was made by County Commis Wayne Dukes in bad faith, recklessly, and with gross indifference to CJS, while within Dukes” scope of employment as County Commissioner and representative of the County, 104, CJS justifiably relied on the above fraudulent statement made by Commissioner Dukes. 105. Asa result ofits reasonable reliance on Duke’s fraudulent mistepresentation, CJS has suffered damages, including but not limited to loss of rent payments made, cost of repairs, relocation expenses, loss of business Opportunities in the past and in the future, and lost profits in the past and in the future. WHEREFORE, CIS prays for judgment against Wayne Dukes for damages, costs, and all other remedies available under Florida law. COUNT VII RAUD (as to Leonard Sossoman) 106. This is a cause of action for fraud resulting in monetary damages to CIS in excess of Fifteen Thousand Dollars ($15,000.00). 107. CJS realleges the facts contained within paragraphs one (1) through twenty (20) herein as if set forth in haec verba, 108. Leonard Sossamon, while acting within the scope of his employment as County Administrator, made several additional fraudulent statements of material fact to CJS following EXHIBIT “A”the execution of the Leases, These additional fraudulent statements include, but are not limited to a, Administrator Sossamon’s representation that CJS would be permitted to install its purchased fuel tank and set-off its cost from CJS’ Lease payments (made in or around October 2014), b. Administrator Sossamon’s representation that the County would repair or have repaired at its expense the damages caused to the telephone system, defective grounding, and other service equipment caused by the lightning strike (made in or around October 2014), ¢. Administrator Sossamon’s representation that the County. was to perform repairs at its expense to the asphalt floors. going into the entrance of the Main Hangar and correet the deficiencies in the Main Hangar door (made in or around October 2014), 4. Administrator Sossamon’s representation that the County would create a new road at its expense for fuel trucks to give better access to service aircraft and jet aircraft for fueling due to the malfunctioning gate (made in or around October 2014). 109. Sossamon knew that the statements contained in paragraph 108 were false at the time they were made. Additionally, the fraudulent statements/facts were made by Sossamon in bad faith, recklessly, and with gross indifference to CJS, while within Sossamon’s scope of employment as County Administrator and representative of the County. 110. Sossamon intended that his representations would induce CJS to rely and act upon them. 111, CJS justifiably relied on the above fraudulent statements made by Administrator Sossamon by making payments and improvements to the leased premises, performing repairs to the leased premises, and remaining on the leased premises by declining to exercise its termination right. 112, As a result of its reasonable reliance on the Sossamon’s fraudulent misrepresentations, CJS has suffered damages, including but not limited to loss of rent payments EXHIBIT “A”made, cost of repairs, relocation expenses, loss of business opportunities in the past and in the future, and lost profits in the past and in the future. WHEREFORE, CIS prays for judgment against Leonard Sossamon for damages, costs, and all other remedies available under Florida law. COUNT IX FRAUD (as to Diane Rowden) 113. This is a cause of action for fraud resulting in monetary damages to CJS in excess of Fifteen Thousand Dollars ($15,000.00). 114, CIS realleges the facts contained within’ paragraphs one (1) through twenty (20) herein as if set forth in haec verba. 115, Diane Rowden, while acting within the scope’ of her employment as County Commissioner, made numerous additional fraudulent statements of material fact to CJS following the execution of the Leases. These additional fraudulent statements include, but are not limited to Commissioner Rowden’s repeated representations that the problems complained of by CIS with regard to the Leased Premises, including but not limited those enumerated in the Punch List, would be remedied by the County (made between approximately July 2013 and February 2014). 116. Rowden knew that the above-referenced statements were false at the time they were made, Additionally, the fraudulent statements/facts were made by Rowden in bad faith, recklessly, and with gross indifference to CJS, while within Rowden’s scope of employment as County Commissioner and representative of the County. 117. Rowden intended that her representations would induce CJS to rely and act upon them, EXHIBIT “A”118. CJS justifiably relied on the above fraudulent statements made by Commissioner Rowden by making payments and improvements to the leased premises, performing repairs to the leased premises, and remaining on the leased premises by declining to exercise its termination right. 119. Asa result of its reasonable reliance on Rowden’s fraudulent misrepresentations, CJS has suffered damages, including but not limited to loss of rent payments made, cost of repairs, relocation expenses, loss of business opportunities in the past and in the future, and lost profits in the past and in the future. WHEREFORE, CIS prays for judgment against Diane Rowden for damages, costs, and all other remedies available under Florida law. COUNT X FRAUD {as to Wayne Dukes) 120. This is a cause of action for fraud resulting in monetary damages to CIS in excess of Fifteen Thousand Dollars ($15,000.00). 121. CJS realleges the facts contained within paragraphs one (1) through twenty (20) herein as if set forth in haee yerba. 122, Wayne Dukes, while acting within the scope of his employment as County Commissioner, made several additional fraudulent statements of material fact to CJS following the exec ion of the Leases, These additional fraudulent statements include, but are not limited to: a. Commissioner Dukes’ representation that CJS would be permitted to Lease install its purchased fuel tank and set-off its cost from CIS payments (made in or around October 2014), b. Commissioner Dukes’ representation that the County would re} have repaired at its expense the damages caused to the telephone EXHIBIT “A”system, defective grounding, and other service equipment caused by the lightning strike (made in or around October 2014). ¢. Commissioner Dukes’ representation that the County was to perform repairs at its expense to the asphalt floors going into the entrance of the Main Hangar and correct the deficiencies in the Main Hangar door (made in or around October 2014). d, Commissioner Dukes’ representation that the County would create a new road at its expense for fuel trucks to give better access to service aircraft and jet aircraft for fueling due to the malfunctioning gate (made in or around October 2014). Commissioner Dukes” representation/directive to Sossamon to remedy the issues regarding the fuel tank and fuel farm (made in or around February 2014), 123. Duke knew that the statements contained in paragraph 122 were false at the time they were made, Additionally, the fraudulent statements/facts were made by Dukes in bad faith, recklessly, and with gro: indifference to CJS, while within Duke’s scope of employment as County Commissioner and representative of the County. 124. Dukes intended that his representations would induce CJS to rely and act upon them. 125. CJS justifiably relied on the above fraudulent statements made by Comm joner Dukes by making payments and improvements to the leased premises, performing repairs to the leased premises, and remaining on the leased premises by declining to exercise its termination right 126. As a result of its reasonable reliance on Dukes’ fraudulent misrepresentations, CIS has suffered damages, including but not limited to loss of rent payments made, cost of repairs, relocation expenses, loss of business opportunities in the past and in the future, and lost profits in the past and in the future. EXHIBIT “A”WHEREFORE, CIS prays for judgment against Wayne Dukes for damages, costs, and all other remedies available under Florida law. COUNT XI FRAUD {as to Nick Nicholson) 127. This is a cause of action for fraud resulting in monetary damages to CJS in excess of Fificen Thousand Dollars ($15,000.00). 128. CJS realleges the facts contained within paragraphs one (1) through twenty (20) herein as if'set forth in haec verba. 129, Nick Nicholson, while acting within the scope of his employment as County Commissioner, made several additional fraudulent statements of material fact to CIS following the execution of the Leases. These additional fraudulent statenients include, but are not limited to: a, Commissioner Nicholson’s representation that the drainage and flooding issues related to the tarmac, fuel farm, self-service fuel station, and building would be remedied by the County (made at site inspection soon after signing of Leases, in or around July 2013). b. Commissioner Nicholson's representation that the problems associated with the fuel farm would be remedied (made at site inspection soon after signing of Leases, in or around July 2013). 130. Nicholson knew that the statements contained in paragraph 129 were false at the time they were made, Additionally, the fraudulent statements/facts were made by Nicholson in bad faith, recklessly, and with gross indifference to CIS, while within Nicholson’s scope of employment as County Commissioner and representative of the County. 131, Nicholson intended that his representations would induce CJS to rely and act upon them, EXHIBIT “A”132, CIS justifiably relied on the above fraudulent statements made by Commissioner Nicholson by making payments and improvements to the leased premises, performing repairs to the leased premises, and remaining on the leased premises by declining to exercise its termination right. 133, As a result. of its reasonable reliance on Nicholson’s fraudulent misrepresentations, CJS has suffered damages, including but not limited to loss of rent payments made, cost of repairs, relocation expenses, loss of business opportunities in the past and in the future, and lost profits in the past and in the future. WHEREFORE, CJS prays for judgment against Nick Nicholson for damages, costs, and all other remedies available under Florida law. Dated: Respectfully submitted, THE BLEAKLEY BAVOL LAW FIRM WY. Ronald Dewmae J. Ronald Denman, Esq. FBN 0863475 Christina C. Hebert, Esq. FBN 0065005, 15170 North Florida Avenue Tampa, Florida 33613 Telephone: (813) 221-3759 Facsimile: (813) 221-3198 chebert@bleakleybavol.com Co-Counsel for Defendant/Counter-Plaintiff EXHIBIT “A”CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed through the Florida Courts E-Filing Portal to Joseph R. Flood, Jr., Esquire at jflood@drm|- com, judy@drml-law.com and Robert Allen Morris, Esquire, at service@morrislg.com; morrislg.com on this___ day of, +2016, Y. Ronald Denman Attomey EXHIBIT “A”