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Home My WebLink AboutR-89-0753a 8/ 1/89 RESOLUTION NO. 8.4-1 .113. A RESOLUTION AUTHORIZING THE PROVISION OF AN OPERATING CAPITAL LOAN IN THE PRINCIPAL AMOUNT OF $300,000 TO CAREY TECHNICAL INSTITUTE, INC. IN ACCORDANCE WITH CERTAIN TERMS AND CONDITIONS, AS DESCRIBED HEREIN; ALLOCATING FUNDS FROM THE SPECIAL PROJECTS AND ACCOUNTS FUND; APPOINTING COMMISSIONER MILLER J. DAWKINS AS AN EX OFFICIO MEMBER OF THE BOARD OF DIRECTORS OF THE CAREY TECHNICAL INSTITUTE, INC. TO SERVE AS THE CITY'S LIASON AND REPRESENTATIVE TO THE CAREY TECHNICAL INSTITUTE, INC.; AND RESCINDING RESOLUTION NO. 89-709, ADOPTED JULY 27, 1989. WHEREAS, at the official request of Carey Technical Institute, Inc. ("Carey Technical"), a not for profit Florida corporation which provides needed vocational and technical training to inner city youths and residents of the City of Miami, the City of Miami ("City") is authorizing a Three Hundred Thousand Dollars ($300,000) loan to Carey Technical upon the terms and conditions contained in the herein enabling legislation and in the loan documents to be prepared by City; and WHEREAS, the public purpose of training inner city youths and residents to attain skilled trades and professions enhances their quality and standard of life, thereby, enriching the entire fabric of the community; and WHEREAS, Carey Technical faces the immediate threat of financial insolvency; and WHEREAS, Carey Technical provides a valuable service to the Miami community through the training of Miami residents for vocational and technical jobs which assist in creating full employment in the local economy; and WHEREAS, the Commission of the City of Miami has determined that the continuing existence of Carey Technical is in the best interest of the City by virtue of the employment training it provides in the community; and CITY COMMISSION MEETING OF AUG 11 1989 RESOLUTION No. REMARKS: VHBRBAS, among the various conditions which are required to be included in the loan agreement(s) for the benefit of the public welfare and education is the ability of the City to have one of its public officials sit as an ex officio member of the Board of Directors, serving on an advisory basis, in order to serve as liason between the City and Carey Technical, as well as functioning as the City's titular representative on said Board of Directors, in order to facilitate the training of City employees in Carey Technical and to assist, to the extent possible without directing or supervising operations and transactions of Carey Technical through this difficult period, and assure its continuing existence as a viable educational force to benefit the entire community; and WHEREAS, Resolution No. 89-709, adopted July 27, 1989, relative to Carey Technical, is hereby rescinded; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to provide an operating capital loan to Carey Technical as follows: 1. Principal amount of loan: $300,000 2. Interest Rate: 3%, 15 year amortization 3. Term of loan: 7 years Section 3. Funds therefor in the amount of $300,000 are hereby scheduled for disbursement hereunder and in accordance herewith as follows: $1000000 Upon execution of loan documentsi $100,000 September 1, 1989 $100,000 October 1, 1989 Section 4. Two Hundred Thousand Dollars ($200,000) of the subject funds have been appropriated by Ordinance No. 106291 -2- the remaining one Hundred Thousand Dollars ($100,000) shall be Appropriated from the General fund FY 1989-90. Section 5. Provision of the loan is subject to the followingt 1. Carey Technical Institute will provide loan collateral consisting of all accounts receivable and fixtures. 2. Carey Technical Institute agrees to provide 25 full scholarships per year for Miami residents for each year the loan is outstanding. 3. In the event the college relocates from its present Miami facility, it must relocate within the City of Miami limits. 4. There shall be presentation of bills owed by Carey Technical prior to City payment of loan proceeds. 5. There shall be an audit and recommendations by Sharpton, Brunson & Company. 6. City is to look for ways to use the training provided by Carey Technical which shall give due consideration to any reasonable recommendations resulting from such study. 7. Jeffrey Watson of the City Administration shall be in charge of administering the loan. Section 6. Commissioner Miller J. Dawkins is hereby appointed as an ex officio member of the Board of Directors of Carey Technical for the purpose of serving as a liason between the City and Carey Technical and functioning as the City's titular representative on said Board of Directors. Carey Technical is hereby instructed to submit an updated list of Carey ' Technical officers, directors, consultants and managerial i A employees to the Director of City's Community Development Department, and to submit a corporate resolution reflecting its own appointment of Commissioner Miller J. Dawkins as an ex officio director of its Board of Directors, as well as a corporate resolution authorizing individuals to act as principals to bind Carey Technical under the loan documents to be executed in favor of the City. -3-' >\/&� >� w. . ,� x� � � y . t� \\� �� \� \d<: ��d� : � K�� ` . - �. . _ ��+ . -�:ww a�� ^� ��yy} �� \y22«.w� /� \\ �¥.. y y©:-� .. ... .� ..� � w� ..< w22.>.«\- . . �.<d\ - ©\dam.. �� -- :... � �� .. �` <� � «.: . » » t, /�� /� §dmK2 . . . � �4: �2» %\\� �� . . .\ . .� 2\y ».. � . �y. :. . »� � w�� . � 3 \ »�©«:� � »?m . » w v/ \\ƒ z:� � � . �� < :«< � � � � ° » . - d� �� ƒ� : � � � \d,<a � � w� , /� � a. \2, ,� . «:�. ��\. . �� «.� :. : , . a :: m »-z ~ ^� .. . � � � w.w- . .., > . � , . . � «� � � y . \ � � � . �� \� » < ©� . . . � � .�� : � � � � ~ . §/� , « .. \d . -°? —��z« �,« �zz:� \2\^ :»w«:.� . . \ . .. . � . a.?»� « y i. CITY OF MIAMI, ItMft ��- INfi�11►C��'1�� M�Mt�BANtiUM •' .. rb : The Honorable Mayor and DATE: August 11, 1989 rim Members of the City Commission SuwecT : Special City Commission Meeting Re Carey Technical. Institute F � REFERENCES: sea H. O City anager ENCLOSURES This to to provide current information to you regarding Carey Technical Institute. Attached is a memorandum dated August 10, 1989, from Frank Castaneda, Director of the Department of Community Development, which explains the following: - In accordance with Resolution 89-709 adopted July 279 1989, we have attempted to meet HUD guidelines in order to make the $3009000 loan to Carey Technical Institute. - We received verbal disapproval from HUD on August 10, 1989, indicating that the activity performed by Carey Technical Institute does not meet the eligibility guidelines to qualify as an economic development activity under HUD regulations. Following the City Commission's instructions to proceed with the Carey Technical -Institute loan, nine documents were prepared as listed in the attached memorandum dated August 11, 1989, from the Law Department. This memorandum 'indicates that additional. documentation is required. ARB :dal t Attachments i CITY OF MIAMI, FLOIA INT'EP-OFF1Ct NIEMdAANbUM • . to the Honorable Mayor and BATE: August 11, 198g FILE Members of the City Commission SUMECT:Special City commission Meeting Re Carey Technical Institute pR REFERENCES esa H. O City anager ENCLOSURES: This is to provide current :information to you regarding Carey Technical Institute. Attached is a memorandum dated August 10, 1989, from Frank Castaneda, Director of the Department of Community Development, which explains the following: - In accordance with Resolution 89-709 adopted July 27, 1989, we have attempted to meet HUD guidelines in order to make the $300#000 loan to Carey Technical Institute. - We received verbal disapproval from HUD on August 10, 1989, indicating that the activity performed by Carey Technical Institute does not meet the eligibility guidelines to qualify as an economic development activity under HUD regulations. Following the City Commission's instructions to proceed with the Carey Technical Institute loan, nine documents were prepared as listed in the attached memorandum dated August 11, 1989, from the Law Department. This memorandum 'indicates that additional documentation is required. ARB:dal Attachments t Z Clay Or MIAMI. PLOprilA ,f INtapwi rIca MI:MOnANCIUM Angela, nollamy Wit- August id, 1999 ,►,�t. Acting City Manager �USJtCr, Eligibility of Carey ,,... Technical Institute Loan RaeM: Fran canto ads ► Director Kr�tatNcc,, Department of Community Development tNc�o�uats The U.8. Department of Housing and Urban Development (HUD), Jacksonville Office, was informed of the City Commission action on this project on July 28, 1999, and assistance was verbally requested from HUD in determining the eligibility of the project for federal funding. _ After further discussions with City staff and Commissioner barbaru _ Carey, HUD determined that this project would be eligible tinder the Special Activities by Subrecipients, provided that the City could demonstrate that the institute is a neighborhood -bared organisation and the funding would retain jobs composed of at least 511 of IoW and moderate income families. We have been able to demonstrate that the project meets the low -mod job retention criteria] however# 4 HUD questions the Institute as a neighborhood -based organization. For this project to meet the criteria for neighborhood -based organizations, the majority of either its governing body, employees or clients must reside in the neighborhood where the project exists. On August 3, HUD was reluctant to apply this criteria to the clientele since they felt it would raise the issue that this project is a public service and that, therefore, it should be Within the mandatory 15% federal cap for public aervices. On August 4, 1989, we faxed the attached letter (Exhibit A) to 1tUD, stating that the project would be eligible as an economic development activity based on the employees' place of residence. We had already discounted the governing body criteria since Commissioner Carey had informed us that it would not meet HUD standarda. After receiving the information provided by Carey Technical Institute (Exhibit B), we determined that only 4 of the 44 employees resided in the Model City area (Model City being defined as the target area that is located both in the City and in the unincorporated area). On August 7, we again relayed this information to HUD and argued that since the project was based on job retention, if the clientele met the requirement for a neighborhood -based organization, it would still be an eligible economic development project, The RUD Jacksonville Offices, after lengthy conversation with the RUD Washington office, agreed with our position and we Eaued them a letter on August 7, 1989, (Exhibit C) confirming our conversation. 897753, f on August 8, we received a Oompitter printout from Elio inetitut+e showing 331 students, of which only 44 students, or 1310 resided in the Model city area. Again, we were unable to meet tho HUD criteria for this project's eligibility, in reviewing the computer printout, we determined that approximately 125 of the students resided in the Edison/Little River area. The combination of the Model City and Edison/Little River area would bring up the number of students to 169# or 51% of the total. We again contacted HUD on August 9 to argue that the two target areas combined should be considered a neighborhood and that, therefore, the project meets the Sit neighborhood require - merit, HUD however felt that since the two areas were separated by the physical barrier of the expressway, and the groups were ethnically different inasmuch as,the majority of the participants in Edison/Little River were Haitians, two clearly different neighborhoods could not be considered as one for meeting the neighborhood -based organization criteria. Howeveer# HUD asked us to put this request in writing (Exhibit D) in order that they may further consult this issue. IIUD has promised to respond in Writing to this requests i i `, yt 1, 1 1 Mr. Cleveland A. TAImad e. Director U.S. Department of Housing and Urban Development Jacksonville Office Region IV 325 West Adams Street Jacksonville; Florida 32202-4303 SUBJLCt: Carey Technical Institute Loan bear Mr. Talmadge: As per our telephone conversation with Jim Nichols and Larry Gordon of your start the loan to Carey Technical institute is an eligible activity under the Special Activities by Subrecipient criteria as per 24 CFR SM 204► provided that: f) That the Institute 1s a neighborhood based non-profit - organization. This would be met In this case If the corporation Is a 501.0 under federal statues and a majority of its employees reside in Model City. Model City being defined as the target area/neighborhood that is located both In the City and in the unincorporAted area. 2) That St% of the Jobs retained (62) are being held by persons Whose family Income are low and moderate. 3) That a necessary and appropriate determination as to necessity of the loan In made. t i This letter is being fax In order to expedite the matter. I assume that If I do not hear from you; that your Office is in accnrdance with the determination. the professional assistance beyond the call of duty of your staff in this Matter Is greatly appreciated. Sincere ank astaneda, Director Department of Community Development 89--753, cc: Angela R. Bellamy; Acting City Manager btPARTMENT Or COMMUNI TV UF.VEt0PMENTM41 N.W.Ft 9313407ob 119•6419 RyA . tit t tcig t 4t a i ' 7 {?�yE jy •",.�r.,i-. x- 1 { ` t3A�i� i`hfiitNt�t. Atli#t:3'tt'Ctli ttt(#, � ;i ��- � : �►41 it.t�. ieth H�1a�6rr _ e: r :.� �39r.� :;y td1tJ� 73t•-+12A9. _ � ' fi t;llrrt111t t,l.ilk aC klrlpl.oye+ea, ttt+irert 1,�11�k1n ' � Ilnrrnnn Jdnr• 135 t►cri�all brivp iby�7 S.w. tl1 �aurt 14I4011. 1lrech, yr, MIAMI1 Fit (;erllyd 110.40 ttiyde tyr111e, Jr. b,t P l dt ft 1 490t1 H 11 tnth Avr,non .nN wht IF VC IilnMl. Sp1'i.nbu, E'L • • NtQrot, Flo 11117 K,nld 1.. Fo(A1arlon dunet.le Jolieeelor ' 900) H.W. 63CA street On Now. 2t:.tb d1;t.let • lllnmi � t't, i 1d1,nm1, F'L Glnn Attidor bovid J. "T.061eon 13700 N.P.. 601 Avenue 0107 ' 1399 N.W. SSth strait ,.. Mlenll., YL 3116i Hinmi, Pit Woodrow lluwtgn ltnratt" 8. uaroy 10160 R.W. 216th Strtat ! 14501 M011ro11 tlttect M1nm.l, hi. 33030 111dml.0 Flo 33176 Iler.tol� L. tlanrnf.d11 tl�lbart J. Ile+lry � — 20101 S.W. 1061.11 Court 249 N.w. 92nd Attvat H1+1m1 F1, 111.nm11 Pl. 33150 Na1'111 1'ulmolfo VJvtrnr+e re+rtunvb 317 H.W. t09 Avllnue 19311 N.w. 7901 Avenue MIAM1., Ft. !if no111 ><1. Rll.n L. CActly >Ze.1lni.d Ffe,rath i — 14061 S.W. 272 7treet. ;j 1.2740 Nast Gulf Drivel tl., :1.1030 Miami, Tb 33161 Phnron Loidley Ar11Aux 13ns2 1I. E. h th Avallu4 4120 Nor. 16001 8t'reat NI,an11 F1. fliAlni, 1% MI.IAro nP.0111,1.t a1neRR llnynn 12ht H.P.- 113 rarrnce $95 N.F.. 13001 9r.reot N1A�11. Pt. Hlnm),1 P1, 33161 P.rnnts, V111orton Itut,err, 1., (1111+e1•t 12150 N.W. IaL Avenue 71 i N.W. 5til AVenu(+1 In lllnmi # Florida 33160 Miemi t Fit Jncclueline tlydwn girl),• din�pnt•n � 17.117.9.9. 99 court tUnml, irl. 4719 ON. 70 Ste Apt 404 ' 4` Hleml, Ft► � + 1 ..a: Ct f b-,:F I_(,rl.` t } f s y s ♦ y i 1<1l1i`Ilit ci, �11i11ti11Mv ' Jtltta ii• 0111v11N a 13b tJ,N. g9ti1 �tl>rerat �, M now. i 19t11 Court t' llf. llnl / t~t. 014011 tL 3�183 � : g' 1t�AN»tfit+te O.11tlt• 71Fsr N.V. AUti* streato 1160 ' ia..lent+e:h Ul.eR '° Nlltlni, pt. ' 12235 N.N. 100 Cotitt lfl.nint. ft, J31G7 ,,,,,. •it+ann 1lrtlnlsl+ IinnCi.g1� ' Jswic 1)raeR — 42it1 flow. 7tb Cdutt 6It N.N. 43th atredt Iilnml, 1ft, � Itiaml l !=t, 3312y . "OvOtly jobil on � 111.1.ton Lyle* + 310 N.N. 11911, farael lllhnll Ft. 15630 N.W. )nth Claae ` r 1`111nM1 l Ff, 33054 Jialmla 1.. Numt 1.AI'L 1303 ;, Joneph xtiutwne O ltltlmll FL 3903U �' 7310 funtotvn lltetat 1101t.ywood, Ff, 33020 � C lt-rul A. chri stl.mri ' Alto Johcld6h Son N.B. 03rd St.tert, /1 22330 A.N. 117t11 t'>.ne* MJ.nn+J, Ff. 33138 111A+n{, fah 33030 jm tl M. a b,1011 P G771 4.W. 69cd CauYt Le.•n t►rehl.e 7 t1ln+nl, ii. 0921 Rijn JeWom illn+nl, Benefit YL itat•o Yves Jrnelcb 19100 N.W. NO Avenue 1t,lptllie W,clkw `.: H1nmt, t'1, 14623 9,14, 107th Avenue' lli.alnl, E't, 33116 ilevel�ly Ar11 1647,0 N.N. Mid Avenue 11111m1, Vt. .JjZ56 + Conti iitrlce+ot . ` 140$ N.I. Ila terrdr•e . Yesiwulrw 7r/bhr i� lbyy tif. 360. At raet, U-319 _ t Iltnitantii t'1, 33017, ` Lnr.:lit,t 11rywnt . 1009 N.H. l�2nd Atl;r.et Illawl, YI, i• :, s ir,I E" r e i r fKANIt CAVA VIVA bltltlbf August 7t 1990 of �Aqi'ami i Mr. Cleveland d. Talmadge, bisector Community an4 PInnning Division U.S. Department of Housing and Urban Development 325 Went Adams Street ' Jacksonville. Florida 32202-4303 BUUJECTi Carey Technical Institute loan Door Mr. Talmadgat This in to amend our letter dated August 4t 1989# concerning the $300#000 loan to Carey Technical institute. According to the t018111Tone diecuenion held oil Friday, August 4, 1909, between bavid Pollack of U.B. 110D Central office in Washington, DCt and your staff, this is an eligible economic development activity under the special Activities by Certain 8ubrecipients criteria an per 24 CPR 570,204(c)(1), provided that, I 1) The institute is a neighborhood based non-profit organization. This would be met in this case if the corporation is a 561.C3 under federal statutes and a majority of its clientele reside in Model City. Modal City being defined as the target area/neigrborhood that is located both in the City and in the unincorporated area. 2) That 51% of the jobs retained (44) are being held by pereone whose family income are low the moderates 3) That a necessary and appropriate determination as to necessity of the loan is made. This letter is being faxed in order to expedite the matter. t assume that if I do not hear from you, that your office is in accordance with the determination. Againt the professional resistance and guidance provided by your staff in this Matter is greatly appreciated. t 0inoere3y, r% ••-•r.« hV .G.• r fY t T�1{Ct+enbda, Director Deprtment of Community Development { vci Angela R. Bellamy, Acting City Manager j WART&ONT at COMMUN11V MVII.OrMINVIJO N.W, tt.h SI►Ct1�M1tm1. /l !!!l411l0l1 !�!•lOti ij 1, t s_ ftti it Itf AtMutt � , August 9i toot i Mr. Cleveland R. Talmadge, Director Community and planning Division U.S. Department of housing And Urban Developoant 323 West Adams Street dataksonville# Florida 32202-4303 SUBJECTS Carey Technical Institute Loan poeir Mx. 'Talmadge 1 ' l This in to request a determination from your office regarding the eligibility for cvBO assistance of the above captioned project bg an economic development activity. t The institute operates one of its branches in the Model city target area and provides educational and training services to primarily low and moderate income residents of the City of Miami. —� Model city being defined as the target area/neighborhood that is located both in the city and in the unincorporated area. would thin non-profit organization meet the standards set by HUD for a neighborhood -based, non-profit organization? According to the Special Activities by 8ubrecipient criteria as per 24 crn 570.204, an organization qualifies has neighborhood -based it the majority of either its membership, clientele, or governing body ar.a residents' or the neighborhood where activities assisted with CDBO funds are to be carried out. As per information submitted by the institute, the majority of the Itietitute's governing body (Board of Directors), as well an Its membership (administrative and teaching staff) do not reside In the Model city neighborhood. The number of students (clientele) presently enrolled in the institute's Model City branch totals 331, of which 44 reside in Model City, 125 reside in the adjacent Edison/Little'River neighborhood, and 162live in other areas. The loan would meet the National Objective of benefiting low and moderate income people under the job retention criteria (44 )obs) and the City would matte a necessary and appropriate daternilnation an to the necessity of the loakn. 139-753, 0VAR1MMT Of 1:nK 1.1N11 V 1AVn0P1NtNTi1149 N.W. 111h S114-e1/M180"I. Ft 1J11610011 3114876 t,�� , s .a.w..,..sux�;'t ...t4.:� e..'h.+9 a we, Pt'Ah)t ��etar�e+�� bit!'C►�ttjt- c6mmunit y novelopmeht bepietment rnou ttafAel No 611arns-Rivas hasihtant City Attorney r t)Ait Audu at 100 tlV AO Proposed Loan to Carey . Technical institute # Inc; 11dFEAlNCES INCLaiUntt. This will confirm that 'this office currently has the following documents for this loan: (1) Security Agreement; (2) UCC-1 Rinanci.ng Statements; (3) City of Miami Loan Agreement; (4) Promissory Note and Security Agreement; (5) Closing Statement; (6) Amendment to Dylawa; (7) Collateral Pledge and Conditional Assignmentf (8) Covenants to Survive Closing Agreement; (9) Subordination Agreement:. We have recommended that you obtain from Carey Technical institute, Inc. the following documents as conditions precedent to making the loan: (1) Pinancial Statements; i (2) information Re: Outstanding Directors/Officecs' Loans; (3) Bylaws Reflecting Change of Name of ausiness to Carey Technical Institute, Inc.; (4) Corporate Resolution; (5) Certificate of Good Standing; (6) Complete List (with IDN's) of All Equipment Pledged. c�} p.�.o °f6-.�.......fi�.. RBR/yv/P341 cc: Pablo Perez -Cisneros Miami Capital Development# Inc. } 4 13#51134 61001989 DOCUMENT 769860 AMENDMENT, NONE-PkOF I T LOC FL --93 PEI 51-9323517 ALE 6/11/1963 LOT €/14/1966 A64ANO1 C�iANt3�0 4/30�1984 NAME CAREY TECHNICAL INSTITUTE, INC. AM PLC 2/14/1965 ADDRESS 8360 W FLAGLER, SUITE 200 CHANGED 2/11.1, 69 200 SE FIRST STREET (PH) MIAMI, FLORIDA 33144 AUTH. STOCY.*+� OFFICERS/DIRE.CTORS$ P/D LYONS, THEODORE 8360 W FLAGLER, N200 MIAMI, FL - T/D LIMA, FELIX 8360 W FLAGLER, 0200 MIAMI4 FL. V/D CLAVAN, JULES P. 8360 W FLAGLER, 02O0 MIAMI, FL S/D SEIDMAN, MARVIN B. 8360 W FLAGLER, 0200 MIAMI, FL CHANGED 4/22/1968 REG. AGENT PENINSULA REGISTERED AGENTS, INC CHANGED 2/17/1989 8360 W FLAGLER, SUITE 200 MIAMI, FL. 33131 ANNUAL REPORTS FILED; (1987) 9/02/1987 (1988) 4/22/1988 (1989) 2/17/1989 15151850 8/04/1989 769889N01 FROM 8/11/1983 TO 4/30/1984 THE NAME WAS MARTIN TECHNICAL COLLEGE - CAREY SRANCH9 INC. iz �� ra if I 4 i 9fi� L ;{ R f t, j �yy _k{1W+j��•��``3`r. ,.. , u.wx.� •Y. � t 3 i /* 42 1.300 /4r 7 .i� G�i4YQ� ?"'+�. ?•'�C.�,+,wtC.��.. ��titSTt?''�i+7�r � �'IE�. _ ... _ .._ _..:.^_._._� .. 8 7- /s0V3 -- C4 -- .zs _�.. Ale-.6— 4q 7K A:7 1$ - .�c�t TGAGE /30 Irri— „ C•��}� T��+�✓rC�L /ivis7-•Tr/T� ! �it/C , .... . CT, AAvC . ✓S �c9�eT �Ki.�N•CE f rfTt/T ' C� Q� :?c. Off -Z ,o ..: cTr �•� vs o<•o ,v�croa r E��eoc?��s, .�. D ...CT-z /r✓�, VS /w,09/Z y� 4 C'7:r 1,vc , ✓s co�,,drir,�c.� .yv�c , i�c. 7=,//t/G. ✓S 6�EL•4 /��'�� 89-o'753 i --- it t � - � T,.,�; .w_✓� - _ vs /?ae�t'T' .��ci�" ,�rr�.�.��!.� •rye .2i073--CA- .2.3 _.054lede-4. S/i�s�y__�,v r t�y�f'f 40 Aoo5 T/1A/.L /�.[if�..�l �S_ •Ci"'� - T- 97.22- CAI, /r /C/.446,57 21.2ellet e - - /-vC. VS ��1'9 Cv�.�tirc�,! e'.��2 ..i,�c. 49 :.. �G rr �r/'V/o 89--753 i. FIRST NATIONWIDE BANK, Plaintiff, V. ALL MIAMI PRESS GROUP, INC., ) MIAMI CAPITAL DEVELOPMENT, ) INC., BADE EMPLOYMENT AND ) ECONOMIC DEVELOPMENT CORPORA- ) TION, INC., BRAMAN CADILLAC ) LEASING CORPORATION, COCONUT ) GROVE BANK, KAYSER ROTH COR- PORATION, DAYS, INC., JAMES ) TALCOTT, INC., and THE UNITED ) STATES OF AMERICA, ) ) Defendants. ) CASE NO. t�' 1 COMPLAINT TO FORPCLT .n MORTGAGSo'" FLORIDA BAR NO. t g�7 0 at aa� O ram- a '° as R1 sR n �AP1 0 0.4 s� C The Plaintiff, FIRST NATIONWIDE BANK, brings this Com- plaint against the above -named Defendants, and alleges that: 1. The Plaintiff is a federal savings bank. 2. Harold H. Rubin and Estelle Rubin, his wife, and Irving Rubin, a single man, and Jack Rubin,,a single man, made, executed and delivered a certain note dated July 25, 1972, and in order to secure the payment of said note, and interest thereon, as well as all lawful charges incurred in connection therewith, including court costs and attorneys' fees, made, executed and delivered under seal a certain mortgage deed of even date there- with granting a mortgage lien on the following described property in Dade County, Florida, to -wit: 1, See Exhibit A appended hereto. Said mortgage also grants a lien on all improvements and fixtures on the above -described property, together with all other property described in and encumbered by said mortgage. Said mortgage was filed for record in Official Records Book 7819 at Page 124 of the Public Records of said County. Said mortgagors further perfected' .the lien of said mortgage by executing those certain Uniform Commercial Code Financing Statements recorded in Official Records Book 7819 at Pages 127 and 128, both of the Public Records of 89 -'753 r LAW OFFICES WALLACE. ENGELS. PERTNOY i MARTIN, 330 BISCAYNE BOULEVARD, 6TH FLOOR, MIAMI, FLA. 33132 . TEL. (305) 371.2223 loop""� • v ,ZO ARTIME, Plaintiff, vs IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FL0RIDA GENERAL JURISDICTION DIVISION CASE No. �� "�• �! ��41 ef'q e4 dJ1 64 'i • rt Florida Bar No. 581410 oy COMPLAINT CAREY TECHNICAL INSTITUTE, INC., ' 4) Defendant. The Plaintiff, MARZO ARTIME, sues the Defendant; CAREY TECHNICAL INSTITUTE, INC., a Florida corporation ("CAREY") and alleges: 1. This is an action for damages in excess of Five - Thousand Dollars ($5,000.00), exclusive of costs and attorney's fees, and is therefore within the jurisdiction of this Court. 2. The Plaintiff, MARZO ARTIME, is an individual who resides in Dade County, Florida. 3. The Defendant, CAREY, is a Florida corporation who maintains an office, for the transaction of its customary business, and who does business in Dade County, Florida. 4. On or about November 4, 1986 Plaintiff and CompuTech Institute, Inc. ("CompuTech") entered into an employment agreement whereby CompuTech was to compensate Plaintiff for his services to CompuTech. A copy of said agreement is attached hereto as Exhibit "A" and is incorporated herein by this reference. 5. Paragraph 9 of the employment agreement states that in the event the assets of CompuTech are sold and or Computech is merged or consolidated into another company, the employment would inure to the benefit of and be binding upon the new company. 6. CompuTech was sold to Robert Fiance Institute of -Florida, Inc. who honored the terms of the employment agreement. Robert Fiance Institute of Florida, Inc. later sold to CAREY TECHNICAL INSTITUTE, INC., which sale became final December, 1988. 89 -753, FITZOERALI). PORTFI A P"RTT+ONDO. ATTORNEYS AT LAW t �+ •rn,.vGA+UARytf 7,0W" 160 W. iL AR L r 1� 1 7. Pursuant to the employment agreement, Plaintiff was to provide services to Defendant from November 4, 1986 until December 31, 1989 at a scheduled rate of compensation. Plaintiff was to receive Forty Thousand Dollars ($40,000.00) as compensation for services rendered for the time period of January 1, 1989 to December 31, 1989. S. Contrary to the terms of the employment agreement and without proper notice and justification for termination, Defendant wrongfully terminated Plaintiff in January 1989. Defendants behavior at the time of termination was so outrageous as to cause Plaintiff great humiliation among his peers. 9. Despite repeated demands therefore, (see Exhibit 11B11, which is attached hereto), Defendant continued to wrongfully withhold Plaintiff's compensation. COUNT I BREACH OF CONTRACT 10. The allegations contained in paragraphs 1 through 9 are incorporated herein by this reference ap if fully set forth. 11. Pursuant to the employment agreement between the parties, Defendant is required to make compensation to Plaintiff and Defendant failed to fully make such compensation. 12. In the event of Plaintiff's termination, the employment agreement requires that the Defendant pay the Plaintiff the full compensation set forth in paragraph 4 therein. T h e Defendant has failed to fully make such compensation. Furthermore, Defendant continues to wrongfully withhold said compensation to the extent of Thirty Seven Thousand Nine Hundred Twenty Three and 07/100 Dollars ($37,923.07). 13. As a result of the aforesaid breach of the employment agreement, Plaintiff has suffered damages including, but not limited to, the amount of compensation with 14. As a further result of the Defendant's breach of the employment agreement, Plaintiff has had to retain the services of the undersigned counsel and has obligated himself to pay reasonable attorney's fees. Accordingly, Plaintiff is entitled to 2 199-75 3, F1 I•7 n1""A1.D. f nc+T r.I.A PC T'n1?Tt1ONr)O, ATTORNEYS AT I.AW _. zi cct r7OFcr q� i -11sid fees by virtue of F.B. 448.09. WHMREFORE, the Plaintiff prays for judgment and for +� damages in excess of $5,000.000, costs, interest, attorney's fees, and any other relief which the Court deems appropriate. Plaintiff further demands a trial by jury on all issues so triable. CONVERSION 15. The allegations contained in paragraphs 1 through 9 are incorporated herein by this reference as if fully set forth. 16. Plaintiff developed software for the operations of the school. 17. Pursuant to the employment agreement, Defendant has the opportunity to purchase the software from Plaintiff or return it to Plaintiff. 18. Defendant has ignored Plaintiff's demand for the return of the software and Defendant has refused to purchase the software per the terms of the employment agreement. 19. As a result of Defendant's willful and wanton wrongful conversion of said software, Plaintiff has suffered damages. WHEREFORE, the Plaintiff prays for judgment for damages in excess of $5,000.00, costs, interest, punitive damages, attorney's fees, and any other relief which the Court deems appropriate. i DATED this day of May, 1989. F TZGERALD, PORTELA & PORTUONDO Cristina Echarte, Esq. Attorneys for Plaintiff 150 West Flagler Street ' Suite 2701 Miami, Florida - 33130 (305) 358-0737 CE2/ce/MARZO.COM 3 89-7 FJT7nryt.%t n, PO"Tri .% & rnytTt awro, ATTORNCYS AT LAW MUSCUM TOWCR • 050 W. FLAGLCrt iRTilrrr a+nTr *,^# . a..&— - NEI a i IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION FLORIDA BAR NO. 547190 SHEILA ROCCO FERRARA and FERRARA, �^�. u— Plaintiffs, 07 -vs- COMP L A I N CAREY TECHNICAL INSTITUTE,�3•�� INC., a Florida corporation, Defendant. COMES NOW the Plaintiffs, SHELIA FERRARA and ROCCO FERRARA, and sues the Defendant, CAREY TECHNICAL INSTITUTE, INC., a Florida corporation, and in support thereof states as follows: COUNT I (Breach of Lease Agreement) 1. This is an action for damages in excess of $5,000.00 in amount. 2. On December 28, 1988, Defendants en;ered into a Lease Agreement with the Plaintiffs, for the lease of the property described therein (see copy attached hereto as Exhibit "A") . 3. Pursuant to the terms of said Lease Agreement, Defendant agreed to make rental payment of $5,000.00 per month commencing on January 20, 1989 and continuing thru to December 30, 1991. 4. Defendant has breached said Lease Agreement by failing to make any payments under said lease. 5. Plaintiffs have obligated themselves to pay their attorneys a reasonable fee for their services. WHEREFORE, Plaintiff demands judgment against Defendant, plus Interest, court costs and attorney's fees. HALEY, SINAGRA & PEREZ, P.A. Attorneys for Plaintiffs 100 South Biscayne Boulevard Suite 1300 Miami, Florida 33131 Tel: (305) 374-1300 R K VALLADARES 8 "53 orrculrnt of :rcunr, made as of this t 7 day of�'��'�� 1992 between sdLand not -co rerrnirn, c/o Robert rinnrf- 11:, i r lief:! hn ItIM ttshr a Inc., 6160 Istatil iarin lqud;'New York, New York 10022 r of the first part, hereinafter referred to as OWNER, anti fatly of ►lie second pfirl, herelnnfler referred to as TLNANT. AWNSM1: Owner hereby leases to Tenant and Tenant hereby litres from Owner rey Technical Instituter Inc., 901 N.W. '.'•-1tii St., Miami, rloride 33127 it building known as d •'fit. t'.s I Av••titt,• , 11 s.s t,•.%Is, V I..1 i ,1.1 1'1(11 7 WwibvA!{7f3 xxxxxXXXXXXXXXXXXxxxxa j)tiMKtt Y414k, for flit term of (or until such term shall sooner cente nntl expire ns hereinafter provltled) to commence on the "?e'7 day or t3V`C' O e.,w �t AA, nineleen hundred and r.- a-N1• I• �t'ies�v7' • and to end on the day or OarC.r•' `— nineteen hundred and t dales inclusive. at an annual rental rate of A_ :h Tenant agrees to pay in lawful money or life United - pie% which chill be legal tender In payment of all debts and dues, Ile and private, at the time or payment, in equal monthly inslallmentc in advance on the Tito day or ench month during said I, at the otnee or Owner or such other hl�ce as Owner mny desianale. without any set off or deduction witnisoever, except Tenant !hall pay lite rirst;0 5',,fy w. ••'monthly installmenitc) on life execution hereof (unless this knee be a renewal), In file event that, at the commencement or the term nr this tease. or Iltercarter. Tenant shall be in default in the payment ent to Owner pursuant to lite terms or another lease wilt Owner or with Owner's predecessor in interest, Owner may at ier's option and wiflfotit notice to Tenant acid Ilse nmmini or cticit nrrenrS to any monthly inclallment or rent payable .under and the saute shnii be payable io Owner ns addilinsin) rent. The parties hereto. for themselves. their heirs, distributcec, executors. adminimmlors. legal reptesentatives. Successors assigns, hereby conversant as follows: grrrtryl 1. Tenant shall pay the rent ■e above and at heteln. attest poovlded. 2. TCnent shill use and emopy demised prtrnitef for h-nit t.y/hior i.nr+SR School provided such ate Is In accordance wfrh flit retslfieatt of Occuriany for the building. It any. and (fit no elhtr purport. pitons: 3. Tenant shall make no Changes In or to the demised premises �f any nntine without Owner's prior written consent. subject In the prior written consent of owner. to the provislons lit this article. Tenant at Tenant's tspeme. entry C allegations, fntullatlons, additions or Imptovements which fits, non- yurat and which do not affect utility services or plumbing and elalil. tit$, In fir to the Interior artist demised pitmises wine eonitaclors lit sonler nit approved by owner. Tenant shell, at lit topense, before Ing any elftratlons. addillont, (nstallallons or Improvements nitl*ln ,ermlls, approval and certificates required by any governmental or i•gove►nmentel bodieo and (upon completion) eerliricatet of final cep. of therenr and shall deliver promptly duplicates of all such permits. ovals and certificates to Owner. Tenant agrees to carry and will cause inl's contractors and sub-coniroctort to carry such wotkman's tom- eUon, general liability, torsional end properly damage Insurance lit let may teyiilte. If any mechanic's Iltn (t illtd againit The dcovshed flies, or the building of which flit same forms a part, for work cinint• s have bttn done felt, of mairrinls furnished to, Tenant. whether. or done pursuant to Ihlt article, the same shall be dliehatged by Tenant In thirty days thereafter, a1 Tenant's expense, by filing the bond te. ed by law or otherwise. All nxlutct and all paneling, pattitlons, tall - and like Inslallollont, Installed In the premiset at any time, tither by ant or by Owner on Tenani't behalf, shall, upon Inttallalion, become ttprefor of Owner and shall remain upon and be surrendered with The .lied poeml%et unless Owner, by notice to Tenant no later than twenty I prior to the date flied of the terminallon of No least, elecli to relin. h Owosso's tlghl Thetrles and In have them removed by Tennnl. In ch event the some shall he removed from the dtmlted premiset by Ten• print to the exphallnn lit the least, at Tenant's expense. Nnthlng In Article shall he ennotised In glue Owner Itile tom to prevent 1 ennnl's oval of trade natures. mnvraldr nonce furnilrste and egulpment, but to removal of any such from the rrertslits lit upon temoval or noises, In. •lions as may be required by Owner. Tenant shall Immediately anti at apensr, repair and restore the premises to flit condition exl%titog p►ipr nttall*Uon and repair any damage 10 flit demised premitet nr The ding due to such removal. All ptoperty permitted fir regnlred In he loved, by Tenant fir the end of she Term remalning In the premlits after *nl'a removal 91n11 he dettnrd ahandnned and may, at she elrolon of ttr. ellher be retained as Owner's properly or fenooved from the aloes by Owntr, at Ttnant'# expense. Tenant Virg: A. CINnorKdtall mnfnlaln and repair the exIrilot of stud the public pnillnns of the building. Tenant shall, Ibrnughnul floe trim o/ this lease, fake grind rare of site 'srd Premises Including the hnolitonms and lavatory facilities (if floe Iced prernhes enco"poii the entire floor of the building) anti the win. I and window frames and, the lialuses end appurtenance% 11teteln and nonl's tole Cost and expense prnmplly make all repalrt lhetelo and to wildins, whether structural of non-structural In nnlure, eahied by or •1'A44, i Ziff 11''�jf'11ll� h, f q/ s+ • I .�'�• ,:;i ilk .' .,/y.��rt .� ifj footling (tern The eotelt%inets, ornttifnn, nrrleel or Improper conduct of lrnnnf, •lenanl'st %e►vnnts, entpinyert, invitee%, m llccnteet, and whether fir not arising irnm such Tenant cnnditcl or omisilon, when required by either provhinns of #lilt lease, Including Article R. Tenant %hall also repair all tlaninge In the building and the demised premlits caused by the moving Of 'fennnl'% fixlorrt, furn4nre or equipment. All the aiote%aid fepa4is shall he of gnnllty or flat% tguol to the nririnal wntk or cnn%Ituction. If I asal falls, litter left dnyt tlolict, to proceed with dot diligence In mate terairi required In be titadt by tenant, flit -tame may he made by fire (lwort at the expense lit tenant, anti the espemet Ihcrtnr Incurred by Ownet .hall he collectible, at additional rent, after rendition or a bill fir tlnirment therefor. It flit demised premise% be or become Infested with vrris+tn, 1ennnl %hall, fit Its espen%r. torsos, flit %ame to he talerminaled. 'Iennnl thrall give Owner promiril nnilce of any deftcfive eoridUlon In any piurnhing, henting system or electrical finest located In flit demfud pirmia% and frilinlrinx such notice. Owner thrall remedy the condition witis title 11MIttncc, but at the rxpente of Tenant. It repalrt are necessilnfed by damage or Injury ellrihuinhle to lenanl, Tenant's set• vnnit, areidt, empinyert. Invilres or licensees at ornietaid..r.scerl at ,specifically pinvlded In Article 9 or thewlicre in this lease, llttre slinll he no allowance to lite Tenant rot a diminution of rental value end no Dahill, ty on the part lit Owner by tee -ton at Inconvenience, annoyance of Injury to budneii mrl%ing (trim Owner, Tenant lit others making or falling to mnse any repaltt. *llttatlnn%, addillont lit (mptnvemenls In or to any porlinit of the building or Ilia dtmlted premhei fir In and 1st the nxlurei, aprinslenance%fir equlpment il,errof. The provlllont or lhlt Article i with ►fared to the making lit rtpalrs %hall not apply In the cats, of nit or other casually with regard to which Article 9 hereof shall apply. Windaw 4t, Tenant will nn1 clean not regatre, pptrmlt, suffer or t ]ranlne: allow any wlndnty In the reaped pirrni%et to he cleaned lrnin lite nortslde In vinlnllnn of Section 202 lit the New Yolk Stale Lothar East, nr any olhtr applicable taw n/ of Ilse aidrt at rite I►nard lit Standard% find Appeals, or of any other Hoard or hndy haring fir attenin;t jutlidlction. negelte•nentle R, r'/lrsr In the Commencement lit flit least term, If eiI I.a.. 'lrnaril h Then In rnsseislnn, *till rl fill times thereafter. lie Intntantt, l enanl ihfiTl, al't ennnl't tole coif and esprrlit, r►ompl. flan► i.00ds: ly cnrnisly with all present and fulurt laws. otdtrt find regulotinns or all slate• federal, municipal and local g,lvernntenit, derintlmenfs, eornmltdos"t and hoards and any dlitellnn of any rnbiie officer f+ur%rsanl In law, and fill orders, fillet end rtgutallont of the Ntw vt»k ilnnrd of rive tlnrrrr-titer,. lit Ilse tn%uiante tie►vice, Of. lice, for any %hnllat linty whlets •ball Inipme any vinla11nn, order lit duly stripes Owner or Tennnl with tetpcel to list demlitd premises, whether or not 11Ihirsg visit lit Tertanl's use or meaner of use thereof, of. with respect in floe bttildinf. if arlsinR out of Tenant's nit or manner or use of the demised prem its or the bulldlAp (Including the use permitted under Is s , rt :�.r,r v. -j;:�.�"!%'�/lr':�''i✓ i^�/ii / �,�-... y Wes ., .._ . .. w✓�.','i'' �••r .;�r`!•�,: • �Y•✓�� '>" .%�''*� . , �.d�r/ten -�' Kira/'ti : ; �Cli..J. J , t < ;.. ;, `jam- :� /✓.+?�o x- O ;;�j1/t;`,''�Y' •1� '• rr;c,;'t.� ' T`-%`1 �..1 �*�c`-r•� �1�r' �sS.d.�•,,,. I'MIRROW, Or 1. CAREY TECUNI PREMISES: 0 114 L 6 A #41 G L. A. -3 3 o l Z.- If there is any conflict between the provisions of this Rider and the provisions of the printed form lease, the provisions of this Rider shall prevail. 2. This is a net lease. The Tenant shall be responsible for the payment of any and all costs and expenses in connection with the leased premises including, but not limited to, utilities, heat, maintenance real estate taxes, insurance and curing any violations L.OAotJard ct4t(I Lr reap�c�bi� -`k..e e v4 atdv- tevr vAA1%4-t ►ce caused by Tenant. rv-ta%ts, "cr-p4 14 +t) or -is of TeWeU4. J. The Tenant will not permit any security agreement, conditional bill of sale, chattel mortgage to be placed upon the real estate. s 4. Tenant shall, at its own cost and expense, obtain and keep in full force during the term hereof for the benefit of the Landlord and Tenant, comprehensive liability insurance, with a t premises operation, personal injury, independent contractors, contractual liability and broad form property damage coverage in the combined single limit of $1 , 000, 000 against any and all claims. Such*amcunt must be.modified by Tenant if in Landlords reasonable judgment, good practice or change in conditions indicate a need for additional or different types insurance. All policies and insurance riders are subject to the approval of the Landlord, not to be unreasonably withheld. Tenant shall supply such insurance pol i cies to the Landlord within ten (10) days after the date of owl, 94, is p9vol ve iegwnu w;eu ejejidcuuue aye IiIILaJ aye JV kltL�u u.,, f ++a 13 HS MOD't1A1� JNIlS1dWl�� SA3Nb0.LjV dOd SN011*f1111SN1 1. r t04• .I IN THE CIRCUIT COURT OF THE 11TH •t, �. JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NUMBERe TRAIL PLAZA ASSOCIATES, LTD., '��"'2 a Florida limited partnership, Plaintiff, vs. ROBERT FIANCE HAIR DESIGN INSTITUTE, INC., a New York corporation, CAREY TECHNICAL INSTITUTE, INC., a non-profit Florida corporation, and FELIX VERIFIED COMPLAINT FOR DAMAGES AND OTHER RELIEF eo LIMA, an individual, -'•.;: + -,� i t Defendants. r.7 . 1 Plaintiff, TRAIL PLAZA ASSOCIATES, LTD., a Florida limited`' �n partnership, (hereinafter "TRAIL PLAZA") by and through its general partner, TAMIAMI PLAZA, INC., sues Defendants, ROBERT FIANCE HAIR DESIGN INSTITUTE, INC. (hereinafter "FIANCE") „ CAREY TECHNICAL INSTITUTE, INC., (hereinafter "CAREY") and FELIX LIMA (hereinafter "LIMA"), and alleges: JURISDICTION AND PARTIES ' 1. This is an action for damages in excess of Five Thousand ($5,000.00) Dollars, exclusive of interest, court costs and attorney fees. v 2. TRAIL PLAZA is a Florida limited partnership conducting operations in Dade County, Florida. TAMIAMI PLAZA, INC., a Florida corporation, is the managing general partner of TRAIL PLAZA. 3. FIANCE is a New York corporation not registered to conduct business in the State of Florida, which at all times material to this lawsuit conducted operations in Dade County, Florida. I 4. CAREY is a non-profit Florida corporation conducting operations in Dade County, Florida. 5. LIMA is sui juris, resides in Dade County, Florida, and is the treasurer of CAREY. l; A9:-7�3 �• SIEGFRIED, KIPNIS, RIVERA, LERNER 6 DE LA TORRE, P.A., ATTORNETff AT LAW SUITE 3r 1570 NAp"t1f.A AVENUE, PHONE 13051 6e1•»34 ' CORAL RASLES. f•LORIVA 311A6 GENERAL ALLEGATIONS 6. On or about January 30, 1988, TRAIL PLAZA and FIANCE executed a Lease Agreement (hereinafter the "Lease") for certain pre- mises known as Units #2, 3, and 4 in the TRAIL PLAZA Shopping Center located at 1180-72 S.W. 67th Avenue, Miami, Florida 33144 (hereinafter the "Leased Premises"). A copy of the Lease is attached hereto as Exhibit "A". 7. The term of the Lease is for five (5) years. 8. Pursuant to Section 1.04 of the Lease, the term of the Lease and FIANCE's obligation to pay rent commenced on the 60th day after TRAIL PLAZA notified FIANCE in writing that the Leased Premises were ready for occupancy. 9. On or about February 1, 1988, TRAIL PLAZA notified FIANCE that the the Leased Premises were ready for occupancy. See Exhibit "B". Therefore, the term of the Lease commenced on April 1, 1988 and ended on March 31, 1993. 10. Section 1.05 of the Lease provides, in parts "In the event that the Tenant receives notice that the Leased Premises are ready for occupancy as herein defined and fails to take possession and to open the Leased Premises for business fully fixtured, stocked and staffed within Ninety (90) days after receipt of such notice, then Tenant shall be in default and the Landlord shall have, in addition'to any other remedies herein provided, the right at its option to collect not only the minimum rent herein provided, but also additional rent at the rate of One Hundred Ninety One Dollars and Seventy -Eight Cents ($191.78) per day for each and every day that the Tenant shall fail to commence to do business as herein provided...." 1 - Ill. FIANCE paid the minimum monthly rent, common area main- tenance fees, real estate taxes, sales taxes, and promotional charges, which were due under the Lease, for the period of April 1, 1988 to December 31, 1988. 12. However, FIANCE never opened the Leases Premises for business, although TRAIL PLAZA completely performed all of its responsibilities under the Lease including, but not limited to, the Landlord's Work required under Section 3.01 of the Lease. 13. TRAIL PLAZA repeatedly placed FIANCE on notice of its obligation to open for business on May 1, 1988, but FIANCE failed and SIEGFRIED. KIPNIS, RIVERA. LERNER 8 DE LA TORRE. P.A., ATTORNEYS AT LAW 4U-TE 30- .670 MAORUGA AVENUE, PHONE (305) 601-3334 CORAL 4AGLES, IrLORMA 33140 4 ')+ GENERAL ALLEGATIONS LI 6. On or about January 30, 1988, TRAIL PLAZA and FIANCE executed a Lease Agreement (hereinafter the "Lease") for certain pre- mises known as Units 12, 3, and 4 in the TRAIL PLAZA Shopping Cgnter located at 1180-72 S.W. 67th Avenue, Miami, Florida 33144 (hereinafter the "Leased Premises"). A copy of the Lease is attached hereto as Exhibit "A". 7. The term of the Lease is for five (5) years. 8. Pursuant to Section 1.04 of the Lease, the term of the Lease and FIANCE's obligation to pay rent commenced on the 60th day after TRAIL PLAZA notified FIANCE in writing that the Leased Premises were ready for occupancy. 9. On or about February 1, 1988, TRAIL PLAZA notified FIANCE that the the Leased Premises were ready for occupancy. See Exhibit "B". Therefore, the term of the Lease commenced on April 1, 1988 and ended on March 31, 1993. 10. Section 1.05 of the Lease provides, in part: "In the event that the Tenant receives notice that the Leased Premises are ready for occupancy as herein defined and fails to take possession and to open the Leased Premises for business fully fixtured, stocked and staffed within Ninety (90) days after receipt of such notice, then Tenant shall be in default and the Landlord shall have, in addition'to any other remedies herein provided, the right at its option to collect not only the minimum rent herein provided, but also additional rent at the rate of One Hundred Ninety One Dollars and Seventy -Eight Cents ($191.78) per day for each and every day that the Tenant shall fail to commence to do business as herein provided...." ill. FIANCE paid the minimum monthly rent, common area main- tenance fees, real estate taxes, sales taxes, and promotional charges, which were due under the Lease, for the period of April 1, 1988 to December 31, 1988. 12. However, FIANCE. never opened the Leases Premises for business, although TRAIL PLAZA completely performed all of its responsibilities under the Lease including, but not limited to, the Landlord's Work required under Section 3.01 of the Lease. 13. TRAIL PLAZA repeatedly placed FIANCE on notice of its obligation to open for business on May 1, 1988, but FIANCE failed and 89-753- SIEGFRIED. KIPNIS, RIVER^, LERNER & OE LA TORRE. P.A., ATTOR149T6 AT LAW su-TC 30- .510 MAORUGA AVtMUt, .NO"s I3081 eenaaa• CORAL 4ASL[s, rLORIMA 3VAS 2• �tCo`• .do so. soot composite rc9fi '-3:•tatused t 14. because of FIANCE's failure to open, TRAIL PLAZA invoked its option to collect not only the minimum rent under the Lease, but also the additional rent provided for by Section 1.05 of the Lease. See Composite Exhibits C-1 through C-3. 15. Upon information and belief, on or about December 30, 1988, CAREY, purchased the assets of FIANCE, including FIANCE's leasehold interest in the Leased Premises. See Exhibit "D", which is a reproduction of a sign which appeared in the window of the Leased Premises on or about December 30, 1988. 16. In response to the aforesaid notice of CAREY, on or about January 6, 1989, TRAIL PLAZA contacted and informed CAREY that FIANCE was in default of the Lease and that CAREY was not allowed to enter the Leased Premises or to remove any items or fixtures therein. TRAIT, PLAZA also specified for CAREY the prerequisites for TRAIL PLAZA's consent to an assignment of the Lease by FIANCE to CAREY. See Exhibit "E". - 17. On or about January 10, 1989, CAREY posted enother notice in the window of the Leased Premises, in direct violation of TRAIL PLAZA's specific instructions that CAREY was forbidden to enter the Leased Premises. See Exhibit "F". 18. On or about January 17, 1989, TRAIL PLAZA contacted and informed FIANCE that the attempted sale and assignment of the Lease by FIANCE to CAREY was done without the knowledge and consent of TRAIL PLAZA, in violation of the Lease. Because of the aforesaid violation, and previous acts of default under the Lease by FIANCE, TRAIL PLAZA did the following: a. Demanded the rent due under the Lease for the entire remaining term of the Lease; b. Informed FIANCE that TRAIL PLAZA was exercising its Lease -derived and statutory lien rights; c. Informed FIANCE of its responsibility for any expenses related to the re -letting of the Leased Premisest d. Demanded the additional rent due under Section 1.05 of M rj' IEGFRIED, KIPNI$, RIVERA. LERNER 86 DE LA TORRE. P.A., ATTORNEYS AT LAW 6u1T,. 300. 1570 MAnPUOA AVENU[, PNON[ (3091 661•3334 CORAL 0AMLES. FLORI"A 111eq �hrM �'Lid�• °ins ion tthe Euli rent and additionr- rent other- . w wise required byl;the Leases and e. Demanded, additionally, payment of 1/30th of the minimum rent on b weekly basis, pursuant to Section 18.02 (9) of the Lease. TRAIL PLAZA also specifically preserved any other claims for damages it had against FIANCE. See Exhibit "G", a copy of which was also provided to CAREY. 19. On or about January 17, 1989, TRAIL PLAZA contacted and again informed CAREY of the fact that it had no authority to enter the Leased Premises. CAREY was also informed of TRAIL PLAZA's lien rights on all equipment and inventory on the Leased Premises. See Exhibit "H". 20. Upon information and belief, on or about January 26, 1989, CAREY again violated the Leased Premises by disassembling a sign on the property and, in so doing, causing damage to the facade of the building. 21. On February 11, 1969, without any prior notice to TRAIL PLAZA, LIMA individually and on behalf of CAREY, dismantled and emptied the Leased Premises. Included in the property removed by LIMA were fixtures installed by TRAIL PLAZA, including all sinks, mirrors, partitions, and all interior doors, and all property, equipment and fixtures installed or belonging to FIANCE. (The pro- perty removed by LIMA will hereinafter be referred to as the "Property"). 22. TRAIL PLAZA was informed by a watchman on the premises of LIMA's removal of the Property from the Leased Premises while it was occurring and demanded, through the watchman, that LIMA return all of the removed property to the Leased Premises. LIMA identified himself and, using foul, abusive and threatening language, told the watchman not to interfere and that the Property was not going to be returned. 23. Upon information and belief, the Property has a value of at least $35,000.00 and as much as $70,000.00. SIEGFRIED, KIPNIS. RIVERA, LERNER e DE LA TORRE, P.A., A770RNEYS AT Law t<'.;••� ��7 1570 MACRUGA AVENUE. P►IONE 1305) 661.3334 CORAL GAMLES. /LORICA 33#40 " 9753 ., L EA=haiAan interest , b. he -Property by virtue of ihid3.sas an' rtIon 83.08, Florida Statutes. 25. TRAIL PLAZA did not unreasonably withhold consent to an assignment of the Lease by FIANCE to CAREY, Rather, CAREY at no time pursued in good faith TRAIL PLAZA's consent to an assignment and instead chose to disregard FIANCE's obligations under the Lease and tolem t and abandon the Leased Premises, even though CAREY had P Y 9 become FIANCE's successor to the liabilities under the Lease by purchasing FIANCE. CAREY at no time made an effort to cure the defaults of FIANCE under the terms of the Lease. 26. All conditions precedent to this action have been pt�r- formed, waived or excused, or have otherwise occurred. 27. TRAIL PLAZA has retained the law firm of Siegfried, Kipnis, Rivera, Lerner & De La Torre, P.A. and has agreed to pay a reasonable attorney's fee for services rendered on its behalf in con- nection with this matter. COUNT I BREACH OF LEASE AGAINST FIANCE AND CAREY TRAIL PLAZA incorporates paragraphs 1 through 27 above within this count and further alleges: 28. FIANCE has breached and is in default of the Lease because of the occurrence of the following "events of default", under Section 18.01 of the Lease: a. Section 18.01(a) - Failure to pay monthly installment of rent or other sums required to be paid under the Lease, within five (5) days of written -notice from Landlord that same is past due. b. Section 18.01(e) - Removal from the Leased Premises of the Tenant's goods, furniture, effects or other property. c. Section 18.01(f) - Vacation and abandonment of the Leased Premises. d. Section 18.01(h) - Failure to commence business as required by Section 1.04 of the Lease. e. Section 18.01(k) - Violation of other terms, con- ditions, or covenants of tenant under the Lease, and failure to cure I 19_7s- , SIEGFRIED. KIPNIS, RIVERA. LERNER & DE LA TORRE. P.A.. ATTORNEYS AT LAW SUITE 300, 1570 MAORUGA AVENUE, 'NONE (309) 661.3334 CORAL GAMES. MOR10A 33140 1= lit the same within --fifteen (15) days of written notice thereof. The other terms violated by FIANCE included, but are not limited to: 1) Sections 3.02(a)(0 and 6.04(b) - Failure to maintain in a good state of repair a sign in conformance with Landlord's criteria. 2) Section 11.01 - Assignment of Lease without prior written consent of landlord. 29. TRIAL PLAZA has fully performed under the Lease. 30. Pursuant to Section 18.02 of the Lease, TRAIL PLAZA has terminated FIANCE's right to possession of the Leased Premises but has not terminated the Lease which remains in full force and effect. 31. Pursuant to Section 18.02(b) of the Lease, TRAIL PLAZA has the right, at its option, to declare the rents for the entire remaining term and other indebtedness, if any, immediately due and payable, and TRAIL PLAZA does hereby exercise said option. 32. FIANCE, being in default under the Lease, is liable to TRAIL PLAZA for rent under Section 2.01 of the Lease, the additional rent charges under Sections 1.05, 2.03, 2.04, 2.05, 2.06, 2.08, 14.05, and 18.02(g), and all other charges and expenses permitted in Section 18.02 of the Lease. 33. Under Section 18.04 of the Lease, in the event any payment due to TRAIL PLAZA under the Lease is not paid on the due date, FIANCE is obligated to pay interest on such unpaid amounts from the due date thereof at the maximum rate of interest allowable by law until such payment is made. 34. Under Section 18.05 of the Lease, FIANCE is obligated to pay TRAIL PLAZA's attorneys fees and all expenses of such litiga- tion, should TRAIL PLAZA be the prevailing party in this cause. 35. CAREY, although not a permitted assign of FIANCE under the Lease, is a successor of FIANCE and is therefore responsible for the liabilities of FIANCE under Section 21.02 of the Lease. WHEREFORE, TRAIL PLAZA demands judgment for damages, pre- judgment interest, court costs, attorneys fees, and all expenses of this litigation against FIANCE and CAREY, jointly and severally, 89"7J 3 ISIEGFRIED. KIPN15, RIVERA, LERNER 8 DE LA TORRE, P.A., ATTORN[TS AT LAW SUIT[ 300, 11170 MAORUOA AV[NUR. PNONC (309) 06I.3334 CORAL GASL95. rUCIRICA 32140 N . f I , t" 09 4 together�with ad urther relief deemed just and appropriate to the Court under the circumstances. COUNT II TREPASS AGAINST CAREY AND LIMA TRAIL PLAZA incorporates paragraphs 1 through 27 above within this count and further alleges: 36. The aforeasaid acts of LIMA and CAREY in occupying and using the Teased Premises constitutes a trespass on realty in that LIMA and CAREY used real property of TRAIL PLAZA without any right or authority. 37. The aforesaid acts of LIMA and CAREY in removing the Property from the Leased Premises constitutes a trespass to per- sonalty in that LIMA and CAREY intentionally used, or interfered with, or wrongfully took chattels in which TRAIL PLAZA held an interest or ownership. 38. As the direct and proximate result of LIMA and CAREY's trespasses, TRAIL PLAZA has sustained actual damages including, but not limited to, the difference in value of the subject property before and after the trespasses, the loss of use of the sub- ject property, plus interest thereon. WHEREFORE, TRAIL PLAZA demands judgment for damages, interest, court costs, and attorney fees pursuant to Section 57.105, Florida Statutes, against CAREY and LIMA, jointly and severally, together with any further relief deemed just and appropriate to the Court under the circumstances. COUNT III CONVERSION AGAINST CAREY AND LIMA TRAIL PLAZA incorporates paragraphs 1 through 27 above within this count and further alleges: 39. Pursuant to the terms of the Lease, Section 83.01, �i Florida Statutes, and other applicable law, TRAIL PLAZA has Jill continuously had a possessory right in the Property since January 30, 1988. ' 40. On or about February 11, 1989, LIMA and CAREY I SIEGrPIED, HIPNIS. RIVfRA• tVnNER 6 DE LA TORRE, P.A., aTrowN1V4XTLAW II. �^ ... •: n .n �n .�. ••,.,... �..r.n rr, runPic von-) wAb1 t?A ,Cn RAL GASLER, FLUn-l-A :S.L46 0 �ted -'t rty to their own use. 41. L M and CARRY's refusal to return the Property consti- tues a wrongful deprivation of the property in which TRAIL PLAZA has a present possessory right. 42. As the direct and proximate result of the aforesaid actions, TRAIL PLAZA has been injured by LIMA and CAREY and has sustained actual damages including but not limited to the value of the Property, the loss of use of the Property, and depreciation of the Property, plus interest payable thereon. WHEREFORE, TRAIL PLAZA demands judgment for compensatory and punitive damages against CAREY and LIMA, jointly and severally, together with prejudgment interest, court costs, including reasonable attorney's fees pursuant to Section 57.105, Florida Statutes, and any further relief the Court may deem just and proper. COUNT IV CIVIL THEFT AGAINST CAREY AND LIMA TRAIL PLAZA incorporates paragraphs 1 through 27 within this count and further alleges: 1 . 43. TRAIL PLAZA has an interest upon which another party is not entitled to infringe in the property removed from the Leased Premises on or about February 11, 1989 by virtue of the Lease, Section 83.08, Florida Statutes, and applicable law. 44. The aforesaid acts of CAREY and LIMA in removing the Property from the Leased Premises on or about February 11, 1989, constitutes theft and a violation of Section 812.014, Florida Statutes, in that CAREY and LIMA knowingly.obtained and used the Property with the intent to deprive TRAIL PLAZA of its rights in the . same. 45. As a direct and proximate result of the foregoing, TRAIL PLAZA has been injured by LIMA and CAREY and has sustained actual damages including but not limited to the value of the Property, the loss of use of the Property, and depreciation of the Property, plus interest payable thereon. 46. As the result of the aforesaid violation of Section i i SIEGMEO, KIPNIS, RIVERA, LERNER 6 OE LA TORRE, P.A., ATTOItNErs AT LAW 6U1TF •. O 1570 MAn►1UO& AVENUE, PHONE (30S) 661•3334 rO11AL GAMES, FlO141DA »hA 1 Pill •, threefold its virtual damages# attorney's fees aAd court toots as`pro- vided in Section 772.11, Florida Statutes. WHEREFORE, TRAIL PLAZA demands judgment against CAREV and LIMA, jointly and severally, for compensatory damages, threefold their actual damages, together with attorney's fees and court costs and any further relief the Court deems necessary and proper. DATED this day of February, 1989. SIEGFRIED, KIPNIS, RIVERA, LERNER & DE LA TORRE,; P.A. Attorneys for Plaintiff Suite 300, 1570 Madruga Avenue Coral Gables, FL 33146 (305) r -7 94 Q BY: / 7 PETER H. EDWARDS (Fla. Bar #468053) IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA CAREY TECHNICAL INSTITUTE, INC. CASE NO: � /�7V n-p a not for profit Florida corporation, ems' 4 Plaintiff -n vs. r FLORIDA BAR NO. 25 _t67 POLITECHNICAL INSTITUTE OF FLORIDA, INC. a Florida corporation, and JOAQUIN OBESO, Individually, and JUAN CURIEL, IndividuallyAl Defendants.• COMPLAINT Comes now PLAINTIFF, CAREY TECHNICAL INSTITUTE, INC., a not for profit Florida Corporation, and sues DEFENDANTS, POLITECHNICAL, INSTITUTE, OF FLORIDA INC., a Florida Corporation, JOAQUIN OESO and JUAN CURIEL and alleges as follows: AS TO ALL COUNTS 1. This is an action in excess of $5,000.00 2. PLAINTIFF, Carey Technical Institute, Inc. (Carey) is a non-profit Florida Corporation doing business in Dade County Florida. 3. Politechnical Institute of Florida, Inc. (Poli) is a - profit Florida Corporation doing business in Dade County, Florida. 4. Joaquin Obeso (Obeso) is a resident of Dade County, Florida and Sui Juris. 5. Ivan Curiel (Curiel) is a resident of Dade County, Florida and Sui Juris. COUNT I 6) Paragraphs 1 and 2 are restated. 7) During periods of 1987 Poli operated a vocational Educational School not entitled to obtain Title IV funds from the U.S. Government. 8) Carey operated in 1987 a school entitled toyobtain Title IV funds from the U.S. Government. On or about March, 1987, Carey and Poli entered into an agreement which enabled Poli to teach students under Carey',s contracts, enabling Poli to receive Title IV funds: through Carey. 10)Poli.received over $400,00 from Carey, as a result of this agreement, in addition Carey also had to pay student refunds to students taught by Poli, in excess of $50,000. Carey may still have to refund moneys to more Poli students as a result of Poli's actions herein. 11)Payments by Carey to Poli were excessive. 12)Carey is entitled to a full accounting of all funds 1 received by Poli from Carey. 13)Carey has had to retain the services of the undersigned attorney and is obligated to pay him a reasonable attorney's fee. WHEREFORE the Plaintiff, Carey, demands from the Defendant, Poli, a full acounting and return of excessive payments, attorney fees, and costs, from this Honorable Court. COUNT II 14)Paragraphs 1,2,3,4,5,6,7,8,9, and 13 are restated 15) At all times herein Obeso and Curiel controlled Poli. 16)Obeso and Curiel were the controlling parties of Carey from March 1987 to July 1988. 17)Obeso and Curiel, during the period March 1987 to January 1988 had full control of, and carried out the management, of both Poli and Carey including all aspects of Poli and Carey's finances. 18)Obeso and Curiel failed to timely file U.S. tax returns and other documents causing Carey to be charged penalties by the I.R.S. and other U.S. Govermental agencies. 19)Obeso and Curiel had the duty to properly manage Carey, while under their exclusive control. 20)Obeso and Curiel failed to properly manage and administrate Carey, thus creating great economical damages. 89- 753, -11 21)Obeso and Curiel mismanagement has caused the Higher Education Assistance Foundation, Inc. (HEAF) to suspend Carey from its student loan guarantee program. 22)Obeso*aad Curiel have failed to cause student refunds 'to Ibe made in a timely manner for Carey. 23)This has caused Carey great damage with its lending institutions for student guaranteed loans. And has subjected Carey to penalties, said damage to Carey being in excess of $100,00.00 WHEREFORE the Plaintiff demands Judgement against the defendants Obeso, and Curiel and, costs from this Honorable Court. '. COUNT III 24)paragraphs 1 through 22 are restated 25)0beso, Curiel and Poli acted together in a manner designed to use Carey's ability to receive U.S. Title IV Funds to build Poli before Poli was entitled to receive U.S. Title IV Funds. ' 26)The actions of Obeso, Curiel and Poli caused Carey to be cited for violations in U.S. Title IV funds administration. 27)The wilful and wanton actions of Obeso, Curiel and Poli have damaged Carey's ability to participate in various U.S. Title IV fund programs which damages Carey's ability to exist. WHEREFORE the Plaintiff demands judgement from Obeso, Curiel and Poli in excess of $1,000,000.00 and punitive damage, attorney's fees and cost from this Honorable Court. Plaintiff further demands the trial by Jury of all triable issues herein. LAW OFFICES JORGE R. ORTA. 8550 W. FLAGLER ST. ++� MIAMI, FLORIDA 33144 (305) 221-5006 ATTORNEY FOR CAREY TEC HAL INSTITUTE, INC. �---� ' RGE R. ORTA,ESQ. j t �9:�--753, =1 IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION FLORIDA BAR NO. 547190 COMPUTECH OF AMERICA, INC., nr�_„c,}, a Florida corporation,�! Plaintiff, 4 -vs- COMPLAINT CAREY TECHNICAL INSTITUTE, INC., a Florida corporation, Defendant. 5 '= '., c.• l COMES NOW the Plaintiffs, COMPUTECII OF AMERICA, INC., a Florida corporation, and sues the Defendant, CAREY TECHNICAL INSTITUTE, INC., a Florida corporation, and in support thereof states as follows: f COUNT �E (Breach of Luse Agreement) _{ 1. This is an action for damages in excess of $5,000.00 in amount. 1 - 9 2. On October 28, 1988, Defendant entered into any agreement for a a lease with Plaintiff (see copy attached hereto as Exhibit "A"). -1 3. Pursuant to the terms of said lease agreement, Defendant agreed to pay $5,000.00 per month comencing November 28, 1988 and on the 28th of each month thereafter until December 30, 1991. 4. Defendant has breached said contract by failing to make any payments. 5. Plaintiff has obligated itself to pay its attorneys a reasonable fee for their services. WHEREFORE, Plaintiff demands judgment for damages, plus interest, -court costs and attorney's fees. HALEY, SINAGRA S PEREZ, P.A. Attorneys for Plaintiffs 100 South Biscayne Boulevard Suite 1300 Miami, Florida 33131 Tel: (305) 374-1300 tit Heal i'tfale Ilfiortd of New t'�,'nyv,t,bt lea) All `ttrhn R,ntved Ilrrrndioctinn 1n wrh.dr to ►- pail prnl,IMreA. Ae�rrrtttr��t of rtinr, made as or This _7 ^� day or ". 7 191 -- , between Computech or Amnrien, Inc., c/o Robert. l'innr;t• Itni.r hrzidn In.^•titutf•, Inc., 660 Madison Avemit,, Nr•w Yot k, Nt•w York, Inn:'2 party of the rirsl part, hereinafler referred to as OWNER, and Cnrey Technical Institute, Inc. 901 N.W. 54th St.. Miami, r1ori.da 33127 party of file second pfirt, hereinnfler referred to as TENANT. IM11111rnnrl(l: Owner hereby leases to Tenant and Tcnnnl hctchy hires from Owner r v r i e_4 ► /3 Vitt Ari l a, in the building known nit 9850 Dnturr Street, Pnt-rinn, rlori.on >tt><attaBtorusy)tttcofcxxxxxxxxxxxxxxxxxxxx�iitykr!(ct�Fct*�tYark, for the Icon of (or until such tern, thnli tnrn,rr crier anti expire not hereinnfler provided) to commence on the filly or a.C-e. -0r•.5 -n rL ninctren hundred find ,a'/i.N� y-/rti^�- , 11114110 end on the =D''t day of /�.�C-rH/S-r�:r .� ninrlrrn hllndred fins)/i�►»'J',✓ both dales inclusive, at an annual rental rate of ,T'i l �• ^'" ' (^S��c ^-r which Tenant nprees to pay in lawful money of the United S1.11" whirlt shrill he lepnl lentler in payment or all debls and duet, public nnft ptivnte, fit (lie tittle or payment, in etlual monthly intlnllincnls in ntivance on list fitsl tiny of each month during said leftist fit the office of Owner or such other place not Owner piny wilhotil nny to off or tic(tuclion wlinisoever, except, that Tenant shall pfiy file first Sn►v "mon1111y illMill "tell l(,.) fin file exccuticn, hereof outlets tills irate tic is rencwnl). In life event that, at the commencement of the lern, of ilds. leme, or Ihcrcnrter. Tenant shall he in default in the payment of rent to Owner pursuant to (lie Ietnls of anotlicr (cnse with (tuner or with Owner's predece«nit in inlcrctl, Owner n,ny at Owner's option find wifhotit notice In Tenant ndd file nntouni of such firrcnrs to tiny monthly instnliment of tent rnyable hereunder and the same t11n11 lie payable to Owner nt nddifinnni rent. The parties hereto, for themselves, their heirs. diritilmicet, exec"Inrs, ndminimr-Mors, legal representnlives, successors and ntsigns. Itereby convennnt ns follows: ocesivpa►icy: 1. Tenant shall ray the rent as above and as hcreln- afir► providrd. Veit: 2. Tenant shall use and occupy drmtsed rreml%es toy ht•nul,y/I�u^,i.nCSs school provided such rise It in aeemdrince wilh file retimcnle or Oceupany for the birlidina, if any, and for no other rurrole. Alltraltnn%: 3. Trnant theft make no ehanyei In or to floe drrviNrd premises of tiny online wilhotmt Owncr's rt{or wviftrn content. S,ihirrt to floe print written content of t)wnrr, anti In flit ptnvitinm fit litit follicle. 'forefront al lenanl't eoirente, rimy Rorike almernlion%, inttnllaliorrt, nddilic'm fir imrroventenl% wloith pre nt•ro sitncitoral and which to not affect uiilily tervlcm or rhte"bing and circus coil linet. In or In she interin► of the demised prrinites minx conirncinvt or mechanist fir%f orpfnved by Owner, lemant thrift, at it% orxrrntr, hefnir rtinkina any alitrationi, additions, in%tallmllon% or Improvements nlifnin all refmilt, approval and crrtirirniet tegtvired by any anvrrnnorntnl or nurosl•govmnnoenlnl hodie% rind (,iron eon l,lelion) retlifrntri of linll nil ptoval 0—rof and thlll delivrr rrompily durlicnle% IN all %urh pennil%, arrittvals and ceitificnles to Owner. Tenant agreet to carry and will crimp TennnVot eonlractort and sub-eonlracfmt to csiry %itch wotknan't coon• pornallion, gevittoil linhiliry, pertnnnl and property damnsr inttovnmcr n% Owner finny require. 11 any mechanic's lien 1% filed nanintl the denvitrd premise%, or the building of which the tame fntms a rail, for wnik clnini• rd in have been done for, or maleriali f%ornhhrd In, Tenant. whether or opt finite rtntttnnt to 11114 atthfr. the +nine thrill Ue dl-cllrirrril by icrinnt within thirty days thereaffet, of Tenant's earen%e, by filing the Wood re• rlislied by law or othrewite. Ali fi%luira and all pnnelina, roirlilinnt, rnil- Ina% and like Intlalialinnt, intinlled In the prenslic% of any little, either by Itnnnl or by Owner on lennnl'% behalf. Hall, iron Inunllnlinn, t.rc'lnor Ili, rinretly of Owner and shall rrmnln iron and be wtrendrred with flit dcntl%nl plemhet unless Owrier, by notice In l enrotd no Inlet florin Iweniv dnyt pilot to the dole filed at flit termlnatlon of tht% Itltu, elects in felin- gnitli Ownrr't flatd therrin and In have them removed by lennnl, in which event flit snot tlinll lie tentnved from lilt demised prenilict try 1 ref. ant prior to the exphalinn of the test". oil Trnnnl's exrente. Nothing in this Article shall he enn%tnstd In she ()write title in fir to rrevenl Tennnt'a removal of trade liautres, mpvenhle office furnll,ire and tguipmenl, hill upon Irmoval of any such from the ptemises or upon removal of other in. stallallons at mar be required by Owner. Tenant shoill Immediately and oil Its tealientt, repair and rrttore the prrmHe% to the condition ealifina prior to Installallon and repair any damnae to the demised pirmlOt fir lice b%itldina due to such remnvol, All properly permitted or rrnuired to fir Iemoved, by l enont oil the end of lilt lean remoinina In flit rtmidws after Tenant's removal %limit be demmed abandoned and Wray, at the electron or Owner, either be retained sot Owner's ptoreily of removed from Cite prcoites by Owner at Tornanl't earicme. 1'rnant Nrpolrs: 4. ► UMN %limit nininlPin and rep-dr the exterior of find Ihr pmtitlir pinflmit of Ihr building, 'frnanf tlinll, 111rouahonl lisp term of Ildt leave, Itike frond clove or the dendtrvl preml%r% including flip Itathrontnt and lavatory (acllilirt (if live drmitrd preml%e% tnconopntt floe eutirt (loot or the hlmlldina) nntl the will. dnwi and window (rnmea and, The fitluret find arpurlenancr%therein Intl oil lYnnnl't tole coif and totpemr promptly make Pit reptilit thr,efn flood 1'l the building, whether structural or non-%trueUnat In nnnne, enured by of tritdling florin live enrorlr%tnett, nmitiinn, nealeet fit Intrinpe► rondorl of ir,ia,if, Trnanc, trtvant%, rmrinyeet. Invitre%, fir lierotrrv, and whelhe► fit it'll Pritinr. from %i1cl,'fentimto enntlucl fir mnittlnn, when ►erlaired by rnh.r 1w'lvi6'l11% fit fill% Irate, inclnilint Article rot •1 rnnni thrall non repair III dvnnrr fit Ihr butidinr anti Ihr drnoi%rol pter"itr% cromed by slot tnnving fit Irtt:tnt'% fitlnret, (rmtilnre or ►gnipmenl. All Ihr nlnrrtnid rernlit 'bill for of qu:dily or elect egnnl to file oiginoid wofk or enntlructinn. It Irnani fnik, niter ten dnyt notice, to proceed with due diliarnce In make rr"irt tortptired to he ninde by Ten1ef1, the same may tit made by The fitt,irr oil file repente Of -frnnnf, rind the esrentet lherror inenmd by r 11• per thrill fir tnllettihk, oil ndditiooi11 teal, niter rendilinn of n hill fir tlltrnient Iherelnr. If the demitrd premi%es he fir hecomr Infeurd with vrrinin, Ten tru %hail, at ifs exremr, enure the snmr In be exterminated. Irnamd thnll rive Owner prompt nnfice of any defective condition in any ldumhin,, lirniing iyurm or orlerlticnl liner Inrnted in floe drmitrd lncnoitrt end Inllowina such police, Owner -,limit tornicdy lite condition with tine diliarnror, hill of the exreme pf Tenant, if ter -lit, art nrtetitlmed by dntmn,r fit inlmy still limlahle In lennnl, Tennnt'i ter• nrnliv, rnl•hlrert. Inviiret or litrmert fit nlitrrtrild, .Voicepi a% %petilitolly provided m Artlele 9 or tt-,ewhrte In 11111 lrltr, there %hall he nit nllnwnnce in flit Tcnnnl Inc a dimintitlon or rental value and no llahitl. ly nit Ihr p trl of Owner by lesion of inrionvenleme, onnnyoinet fit Injury In bmineti ailting lions Owner. Temmrof Of (illicit molting or toiling to nuke any rrraba, allorinlinn%, additiont or Ie"prnvemenl% In tit to arty pmnlinn of floe ImIlding or (lie demitrd pientlte% tar In and to flit risillrrt, rippnrltnnnce% or equipment thereof- l he rinvi%lons of this Article f with tr%r.erl In the mnkingtit rcrothR thnil nett npply In flit ente of (ire or office rntnnhy with regard In which Article') hereof tlinll apply. Whodnw S. Tenant will nisi ornn not require, pernilt, uirfer or ('franlny: allow tiny wipdnw in tlir dtnit%td pirmltei In he cleaned fine" the mottide In violation of Section 201 of the New Yntk Stale Latent { ww or any other aprticahir low or of floe Itulr% of the (hard or Stnnlmid% rind Appenla, or of tiny other noard or body having or x%%e/tlna jurt%dictinn. ItrgnlremenH b, print In The commencement or Iloe leave Term, If tat Law, lennnl {t then In po%%e%%lon, and at fi{{ times therrafler, f Ire In -manors, Tenant thnll, at Tennnl's inle coil and esptnie, prompt. ilnnr Loads: ly comply with fill pir%tnl and i ilure tawi, mdert and • • feaulnlinnt of fill }Irate, federal, municipal and local rovrinntent%, iltptimimrnl%, ennifnt%tinni and hoards anti any direcilnn of mly puldir itllicri pnr%nnnl In Inw, mud nil nrdrrs, firlr% and fertdnilnnt of the New Yolk ilonrd of Fire 1111lrrw,llevt, or Ihr Inamrance ticrvicrt n►. lice, fir any %imilar hotly which thrill bnpote tiny violnlion, older or duly ,ipnn (livnrr fir Iennnl will, retrect to the drmitrd rfreniiet, whether or flit, aridnp. pill of -1 crinnl't ate or miniver tit mr thereof, or, with reirrrl lit Ihr building, If Pridntf put of lcnnnl't tote or manner of use of the drmi%ed pretnitet oil flit hni{ding (Including the art prrmhled under lilt .JK.. T_.fi'�v�ry y- S�✓.er.��e. ,,��ir . �`is �,i r—/_ ��: i >...' �',t'.ri� or '��%�� S •:! >�T'w�',�=• .�'._•r�'-'.`�,�%„I�- ,�r�-rim% tom'` ,''%''-r' = �//-�'r T ��7jt'GZ /J!td ✓ % �-/'� j-'�? i �/ter- r -f�,�� >-/-` :�,r- j ..ore r- r,• �� i/ r ^��. lJC/l�ir� lliltd�t'A /vA'r'rr,�� ,art)-� �� .t�. (� t o F- rs . --'75 3 . `"y{'.�-•G cr ,C.'c;. �•�= J"/`r�.:f �/r; -.��.� /�(+ er,' T,�rf_ r-N�''+� .T�,/fir /�`i9ft q ✓ ,r ice/ 1•' /r�"tr t1J-' �/�%�i'�.i''. tl �/,! w i 1' �•'� �,'� lr�r'� �• � i i�/ .r�� , � � :. IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY FLORIDA GENERAL JURISDICTION DIVISION CASE NO. ��A n. • -�•�� FLORIDA BAR NO. 547190 1 \ r� ROBERT FIANCE INSTITUTE OF FLORIDA, INC., J �.�� Vt` a Florida corporation, COMPUTECH ,� INSTITUTE OF AMERICA, INC., a New York corporation doing business in Florida, and COMPUTECH T INSITUTE, INC. , " `n -11 C— a Florida corporation, Plaintiffs, '' r -vs- COMPLAINT w r •r CAREY TECHNICAL INSTITUTE, INC., a l % "' Ci Florida corporation, ry Defendant. �► COMES NOW the Plaintiffs, ROBERT INSTITUTE OF FLORIDA, INC., a Florida corporation, COMPUTECHI INSTITUTE OF AMERICA, INC., a New York corporation doing business in Florida and COMPUTECH INSTITUTE, INC., a Florida corporation, by and through their undersigned couhsel and sues the Defendant, CAREY TECHNICAL INSTITUTE, INC., a Florida corporation, and in support thereof states as follows: i I. This is an action for damages in excess of $5,000.00 in amount. 2. On January 28, 1988, Defendant executed and delivered a I i promissory note, a copy being attached hereto as Exhibit "A", to Plaintiffs in Dade County, Florida. 3. Pursuant to the terms l of said note, the Defendant obligated itself to pay $500,000.00 in four quarterly installments of $125,000.00 each with the first quarterly installment due and payable on the first day of the month following ninety (90) days after the date of the granting by the United States Department of Education of appropriate approval regarding student funding. Said approval was received on February 22, 1989. Thus, the first installment became due on May 22, 1989. I 4. Defendant failed to pay'the installment due on May 22, 1989 and Plaintiffs elected to accelerate payment of the balance. 5. Defendant owes Plaintiffs $500,000.00 that is due with interest since May 22, 1989 on the note. Y �MEN C-MENI—I'll { fin t 4 '- Plaintiffs of* lobli sited to PAY the#f Attotneyl , Ptaltttlffa demands, ;udyffient { Ur dwi a g 4 t k r } < t \ �9 y 1 • a — .0!100, 0010. 00 December PS, It+uu ror value received, Carey Technical Institute, Inc.., 901 N.W. — SaLh 5trt:r.t., Miarni, Florida 33127, ("Haker") hereby ptromimes to pny Y to the Order of Robe-vt riame Irrst.itute of Florida, Inc. , Computech i I of America, Inc. anci Corriputech Institute, Inc. , joirhtly, c/o Robert fiance hair Design Institute, Inc., 660 Madison Avenue, New York, — } New York, 100z2, (1114older") the vum of rive lluhdred ($500,000.00) Dollars without interest in fours (4) quarterly installments of One Hundred Twenty -Five Thousand ($ 125, 000) Dollars each with the first quarterly installment due and payable on the first day of the month in the month following ninety (911) days after the date of the csa1�}-T.•e+1 giant.ing by the united State, Department of Ldticntion of 1 ..�LC• Qr/+prerrigic- a rrTJc(tt' o -tk4- -Vt,c O�-vdriwt•is ct4CAA,4thb-tLQ-6e.cAo.t. _ � .•L•.•�.t tLlllt� 1 A 1. _��c..��lii.'3'•�-i•t.r1(:�►-r�.'•lilTl}�Ct2•`��`i._�.:"t14t►—^'��`---� ��'T'i'�Tl?1'YKj': �... H•c►�c be twt� o+- bv�t ter« c. SA', -I_ t - 1'c t•:, f u•-c,t.aced P- t'a vc.. 4 -'. n,A ,J�m.oa=i-c+ztt-N�•�,�omfMaLr►E�ir-of nmet• i �n , It�r...�-�G'.�mputots►�rrc•�•�-ku-tom., I re -f1L .0 454' .+< e�f • d<<te kr.•ewt'�t, .a rr_ r r (► ll-�C{ -lo �c ., a lu¢ '[s`k' �j {'.S i ; l.>r+:_ancl-d,rart�t•)}+--•�ntl-�t►nt:��ut: it n�.y_t.liar'OAUter..UxLf-jl_ tlt`cnt.1L'� .' tAr.[� t'�VLt•�r f l� n••cl cc+�+•r��-41 v(� -Itr• t(iC,• iJrril O b,,].,r,��c„ic9 in roll. ,_Sc4•oafh r�ta�icr Ll��r{,T .� The full bmUUrlt of the pr. i.nrit�,71 balance owing shall, at the election cir the holder 1,ecomc• imrnhdi,-It:cly due, and payable oft the occur•rencts of the following event of default: Failure of Lhe Maker. to poly airy installment of principal whcri cltrr :trttl 1.;1y,4 ,1�1 c i f t:lrr ;:nmr• r rn;t i n, Un1�;i it1 of tr.t• Ww*c tl:t rr�•l r l /• tll tll:1 otij 1. :I�r11 I tl l ht- )'�• is M'rl:l.•t . 'I tit(' :;h;,l 1 11;r✓r• (,111,1 ied fc'r or cun;:cnL•ed Lo the .11y149 i r11 L1.•111 111 ;t L tr::t utl 11*111, r c 1 t i vl r , l r tr::t.t t:, 0" 1 i till i 0•1t-or of till or a, cu0:::Lantit•►1 part of its assets; a custodian shall have bnen I appointed Witt -i _ Con:;cnl of t:hr.� ri,-iker ..to Maker, has "ado a general asF3gnmtrit• for the bchotit of creditors, or has tiled t+ volu>>tary petition in or an arrangement with creditors to take advantoye of any inE:olvrncy law; or taken action for the purpose of affecting any of thh foregoing. upon the occurrence of an Lvcnt of default, the entire unpaid 1'i- ncip'll balanca of this Note shall immediately become due and payable without notice or furLher action on behalf of the 11older hlreuf. In the event t•.hat Lht, 110dvi• shall place this flote in the hinds of nn attorney for co) l ec.A.it-,n, the 11older shall be entitled to receive from the linker attorneys'. fees, costs of suit and out--of-pocket disburscmants incurred in connection therewith. The WO.er Ftcreby waive, pret:cntmont, demand for Payment, protcst, notice of protrst., notice of dishonor and any notices to which Lhtc 1-Inker might ol.hr-t-wi;:c Lc• ent.it.led. Thu prc,vi:.ionc, of this 11ott.• iiie severable, and the invalidity Ar)fl/or uitcnlorcuc,lLi) ity of :oily W-w- isic+n t;hall not a)Lar or impair the rem,iiniiig provi-sion; of this ?jute. The waiver by Bolder of a bleach or dq�tnult of any provision of this ?tote shall not operate or be construed as a waiver of any sulosequent breach or violation hereof. whenever used "1-laket" and "Holder" shall be deemed to include C4"1l*l ►' cr1'C S '4b'*` their ronpective succesrrorc, assigns- and transferees. This tjote inay not be waived, changed, modified or forgiven except by a written int:trument• signed by the Holder of the Vote. All notices, regucsts, dcmandc and other communications of any Pursuant to the authority vested in me as Mayor of the City of Miami, Plorida, I, Xavier L. Suarez, do hereby call a special meeting of the Miami City Commission to take place at 2lOO P.M. on August 11, 1989, in the City Commission Chambers, City _ Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of consideringa matter of urgent g public import: namely, a matter concerning Carey Technical Institute. s; cc: Cesar H. Odio, City Manager Matty Hirai, City Clerk Jorge L. Fernandez, City Attorney Aurelio Perez-Lugones, Legislative Administrator F .: ,. k'll ) A `:S .. Y} �: .I f� .: F•, .. .i �: �tw .r �� q,�'.1