HomeMy WebLinkAboutBack-Up DocumentsFiling # 190899902 E-Filed 01/31/2024 08:52:48 AM
IN TIIE CIRCUIT COURT OF TI-IE 11 "I JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
VQ EVERGLADES HOMES LLC,
a Florida limited liability company
Plaintiff
v.
CITY OF MIAMI,
a municipality
Defendant
SUMMONS
Case No.: 2024-1670-CA-01
(5/:CR
2_1 Pt
�E.10M
YOU ARE HEREBY COMMANDED to serve this summons and a copy of the COMPLAINT
or petition in this action on defendant(s):
CITY OF MIAMI
3500 Pan American Way
Miami, FL 33133
A lawsuit has been filed against you. You are required to serve written defenses to the
Amended Complaint on Plaintiffs attorney, Sebastian Jaramillo, Esq. whose address is 283
Catalonia Ave Suite 200, Coral Gables, FL 33134, within 20 days after service of this Summons,
exclusive of the day of service and to file the original of the defenses, with the Clerk of this Court
either before service on Plaintiff's attorneys or immediately thereafter. If you fail to do so, a default
will be entered against you for the relief demanded in the Amended Complaint.
Americans With Disabilities Act (ADA) Notice
In accordance with the Americans with Disabilities Act of 1990, (ADA) persons needing special
accommodation to participate in this proceeding should contact the ADA Coordinator at the
Miami -Dade County Courthouse, 73 W Flagler St Miami FL 33130, or telephone voice/TDD (305)
275-1155, no later than five (5) days prior to the proceeding.
IMPORTANTE
Usted ha sido demandado legalmente, tiene veinte (20) dias, contados a partir del recibo
de esta notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal.
Una llamada telefonica no lo proteges; si usted desea que el tribunal considere su defensa, debe
presentar si respuesta por escrito, intuyendo el numero del caso y los nombres de las partes
interesadas en dicho caso. Si usted no contesta la demanda a tiempo, pudiese perder el caso y
podria ser despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso
del tribunal. Existen otros requisitos legales. Si lo desea, puede usted consultar a un abogado
inmediatamente. Si no conoce a un abogado, puede Hamar a una de las oficinas de asistencia legal
que aparecen en la guia telefonica.
Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su
respuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la
persona denominada abajo como "Plaintiff/Plaintiffs Attorney". (Demandante o Abogado del
Demandante).
IMPORTANT
Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs
a partir de la date de la 1'assignation de cet citation pour deposer une response ecrite a la plainte
ci-jointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger;
vous etes oblige de deposer votre response ecrite, avec mention du numero de dossier ci-dessus et
do nom des parties nommees ici, si you souhaitez que le Tribunal entende votre cause. Si vous ne
deposez pas votre response ecrite dans le relai requis, vous risquez de perdre la cause ainsi que
votre salaire, votre argent et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur
du Tribunal. Il y a d'autres obligations juridiques et vous pouvez requerir les services immediats
d'un avocat. Si vous ne connaissez pas d' avocat, vous pourriez telephoner a un service de reference
d'avocats ou a un bureau d' assistance juridique (figurant a 1'annuaire de telephones).
Si vous choisissez de deposer vous-meme une response ecrite, it vous faudra egalement,
en meme temps que cette formalite, faire parvenir ou expedier une copie au carbone ou une
photocopie de votre response ecrite au "Plaintiff/Plaintiff's Attorney" (Plaignant ou a son avocat)
nomme ci-dessous.
2/1/2024
Witness my hand and the seal of said Court on , 2024.
JUAN FERNANDEZ-BARQUIN
As Clerk & Comptroller ojT skid Court
By:
eputy Clerk
(Court Seal)
Filing # 190810080 E-Filed 01/30/2024 10:25:47 AM
IN THE CIRCUIT COURT OF THE 11111 JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
VQ EVERGLADES HOMES LLC,
a Florida limited liability company
Plaintiff
v.
CITY OF MIAMI,
a municipality
Defendant
Case No.:
COMPLAINT
COMES NOW, VQ EVERGLADES HOMES LLC (hereinafter "Plaintiff') hereby sues
CITY OF MIAMI (hereinafter "Defendant") and in support thereof alleges as follows:
PARTIES, JURISDICTION, AND VENUE
1. This is an action to quiet title and for declaratory judgment.
2. This Court has jurisdiction over the subject matter pursuant to Fla. Stat. §
26.012(2)(g) (2023).
3. Venue is proper in this Judicial Circuit because the real property that is the subject
of this complaint is located in Miami -Dade County, Florida and the events that gave rise to this
complaint took place in Miami -Dade County, Florida.
4. Plaintiff VQ EVERGLADES HOMES LLC is a Florida limited liability company
with its principal place of business in Miami -Dade County, Florida.
5. Defendant CITY OF MIAMI is a municipality located in Miami -Dade County,
Florida.
GENERAL ALLEGATIONS
6. The real property that is the subject of this action is located within Miami -Dade
County, Florida and otherwise described as follows:
The North 50 feet of Lots 3 and 4, Block 7-B, of LAWRENCE ESTATE LAND
COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in
Plat Book 2, Page 51, of the Public Records of Miami -Dade County, Florida,
less the external area of a circular curve having a radius of 25 feet and tangents
which are 25 feet East of parallel with the centerline of Southwest loth Avenue
and 25 feet South of and parallel with the centerline of Southwest loth Street.
Folio: 01-4111-001-0770
Address: 984 SW 10 Street, Miami, FL 33130 ("Property")
7. Plaintiff purchased the subject property on April 6, 2016, and is the fee simple
owner of the Property. See Exhibit A: Warranty Deed.
8. Plaintiff recently performed a title search of the Property and discovered that there
was a violation (CE2021021249) that accumulated a daily fine through January of 2024. The
violation has now been resolved or otherwise cured.
9. The Property was demolished by Defendant because of unsafe structures violations.
10. Plaintiff permitted the demolition in the hopes of resolving all issues with the
Property.
11. Plaintiff cannot file for mitigation of the fine because of Section 2-817(d)(2) of the
City of Miami Code which does not permit mitigation of any fines which are outstanding for more
than 271 days.
12. Plaintiff has been deprived of its due process because it cannot apply for mitigation.
13. The rules imposed by Defendant to apply for mitigation are depriving Plaintiff of
its due process.
waived.
14. All conditions precedent to the filing of this action have been fulfilled or otherwise
COUNT I — QUIET TITLE
15. Plaintiff realleges Paragraphs 1-14, which are incorporated as if fully set forth
16. Plaintiff owns the Property and deraigns title through a Warranty Deed. See Exhibit
17. Defendant may claim an interest in the Property by virtue of the following (all
recorded in the Official Records of Miami -Dade County, Florida):
a. Compliance Agreement (BB2021022676) dated November 9, 2021 and recorded
on November 16, 2021 in Book 32853, Page 857. See Exhibit B: Compliance
Agreement;
b. Final Administrative Enforcement Order (CE2021021249) dated December 9,
2021, and recorded on January 19, 2022 in Book 32968, Page 4455. See Exhibit C:
Final Administrative Enforcement Order;
c. Notice of Unsafe Structure Violation (BB2021022676) dated March 2, 2022, and
recorded March 9, 2022, in Book 33058, Page 4302. See Exhibit D: Notice of
Unsafe Structure Violation;
d. Order of the Unsafe Structure Panel (BB2021022676) dated April 8, 2022, and
recorded April 18, 2022, in Book 33135, Page 2125. See Exhibit E: Order of the
Unsafe Structures Panel; and
e. Code Enforcement Order (00048782) dated July 1, 2023, and recorded July 10,
2023, in Book 33785, Page 335. See Exhibit F: Code Enforcement Order.
herein.
f. Notice of Municipal Special Assessment Lien dated January 18, 2024, and recorded
January 19, 2024, in Book 34058, Page 2425. See Exhibit G: Notice of Municipal
Special Assessment Lien.
18. As evidenced by the allegations contained herein, Plaintiff has been deprived of
due process.
19. Consequently, Defendant's encumbrances on Plaintiffs Property are unlawful
encumbrances and otherwise invalid.
20. Defendant's interest in the Property is inferior to Plaintiff's interest.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a judgment
against Defendant, quieting title in Plaintiffs name, and granting any other relief that this Court
deems just and proper.
COUNT II — DECLARATORY JUDGMENT
21. Plaintiff realleges Paragraphs 1-14, which are incorporated as if fully set forth
herein.
22. "A plaintiff is entitled to a declaration where: (1) there is "a bona fide, actual,
present practical need" for the declaration; (2) the declaration sought deals with "a present,
ascertained or ascertainable state of facts or present controversy as to a state of facts;" (3) an
"immunity, power, privilege or right" of the plaintiff depends on the facts or the law that applies
to the facts; (4) some persons have an "actual, present, adverse and antagonistic interest" in the
subject matter; (5) all persons with an adverse and antagonistic interest are before the court; and
(6) the declaration sought does not amount to mere legal advice. Citizens Prop. Ins. Corp. v.
Ifergane, 114 So. 3d 190 (Fla. 3d DCA 2012); citing May v. Holley, 59 So. 2d 636, 639 (Fla.
1952).
23. There is a bona fide, actual, and practical need for a declaration regarding the rights
of the Parties as to their respective interests in the Property.
24. The declaration sought by Plaintiff' deals with an ascertained state of facts.
25. The facts stated in this complaint are uncontroverted.
26. The rights of the Plaintiff as to the Property depend on this Court's interpretation
of the of the respective alleged interests in the Property between Plaintiff and Defendant.
27. Plaintiff and Defendant have an adverse interest in the subject matter.
28. Plaintiff has an interest to remove any encumbrance on the Property and Defendant
seeks to preserve and or collect on its lien on the Property.
29. The only parties with an adverse and antagonistic interest as to the Property are
Plaintiff and Defendant, both are before this Court.
30. Plaintiff seeks a declaration from this Court that Defendant's interests in the
Property are invalid and otherwise unenforceable because of the lack of notice. The declaration
sought does not amount to mere legal advice.
31. Considering the above, Plaintiff requests a speedy hearing in accordance with Fla.
Stat. § 86.111.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a judgment
finding that Defendant's interest in the Property by virtue of the enforcement order (recorded in
Book 31678, Page 1956) is inferior to Plaintiff's interest in the Property or otherwise invalid and
unenforceable; and granting any other relief that this Court deems just and proper.
RESPECTFULLY SUBMITTED
This 30`1' day of January, 2024
s/ Sebastian Jaramillo
Sebastian Jaramillo, Esq.
Attorney for Plaintiff
FL Bar No. 21743
Perlman, Bajandas, Yevoli & Albright, P.L.
283 Catalonia Ave., Ste. 200
Coral Gables, FL 33134
Tel: (305) 377-0086
sj aramillo(iipbyalaw.coni
Exhibit A
Warranty Deed
Prepared by and return to:
Daniel Sanchez.-Golarraga
Sanchez-Galarraga, P.A.
1313 Ponce de Lcon Boulevard Suite 301
Coral Gables, FL 33134-3343
305-445-5351
CFN: 20160211134 BOOK 30032 PAGE 1561
DATE:04/11/2016 11:55:03 AM
DEED DOC 6,750.00
SURTAX 5,062.50
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 6th day of April, 2016 between Crimson Cub, Inc„ a Florida corporation whose post
office address is 11535 SW 77 Avenue, Miami, Florida 33156, as to Parcels 1 and 4, and Raul Driggs and Rosa Driggs,
husband and wife, whose post office address is 11535 SW 77 Avenue, Miami, Florida 33156, as to Parcels 2 and 3, grantor,
and VQ Everglades Homes LLC, a Florida limited liability company whose post office address is 1541 tlrickell Avenue,
1507, Miami, Florida 33129, grantee:
(Whenever used herein the terns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, nod assigns of individuals,
and the successors and assigns of corporations, trusts and trustees)
Witnessetit, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($I0.00) and other good
and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has
granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate,
lying and being in Miami -Dade County, Florida to -wit:
SEE ATTACHED EXiIIBIT "A"
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2015.
Itt Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Witness Nai ie E" ai1t
Witness Nam
1+411n1 f1.1
Crimson Cub, b c" a F1�r Orjidration
By: �!
Ra d Driggs, Presidepx
(Corporate Seal)
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged before me this 6 day of April, 2016 by Raul Driggs as President of Crimson
Cub, Inc., a Florida corporation. 1-le [Jis personally known to me or LI has produced a Florida driver's license as
identification.
[Nt
DANIEL SANCHEZ-GALARRAGA
Notary Publlo - State of Florida
• r My Commission Expires Nov 16, 2018
v ComMSslon # FF 165103
Bonded through National Notary y Assn
Notary Public
Printed Name:
My Commission Expires:
DoubleTlme'°
CFN: 20160211134 BOOK 30032 PAGE 1562
Witness Name: ?pi( 61 ..lal9; A e Rosa Driggs
A/
Witness Name:' a/b a.Q
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged before me this (s day of April, 2016 by Raul Driggs and Rosa Driggs. Who
L] are personally known to me or [Thave produced a Florida driver's liei), as identification.
Notary Public
[Nota
p,nv pia,, DANIEL SANCHEZ-GALARRAGA
40-•�,`' Notary Public • State of Florida
A • My Commission Expires Nov 16, 2018
Commission # FF 165103
%°f,;,%0 Bonded through National Notary Assn,
Printed Name:
My Commission Expires:
I Nnrrnnly Deed - Page 2
DoublcTlmee
CFN: 20160211134 BOOK 30032 PAGE 1563
EXHIBIT "A"
PARCEL 1:
The North 100 feet of Lot 7, Block 25, of Lawrence Estate Land Co's Subdivision, according to the
plat thereof as recorded in Plat Book 2, Page 46, Public Records of Miami -Dade County, Florida.
Parcel Identification Number: 01-4102-005-4420
Street Address: 1050 SW 5 Street, Miami, Florida 33130
PARCEL 2:
The North 50 feet of Lot 3 and 4, Block 7-B, of Lawrence Estate Land Co's Subdivision, according to
the plat thereof as recorded in Plat Book 2, Page 51, Public Records of Miami -Dade County, Florida,
less the external area of a circular curve having a radius of 25 feet and tangents which are 25 feet East
of parallel with the centerline of Southwest 10th Avenue and 25 feet South of and parallel with
centerline of Southwest 10th Street.
Parcel Identification Number: 01-4111-001-0770
Street Address: 984 SW 10 Street, Miami, Florida 33130
PARCEL 3:
The North 50 feet of Lots 11 and 12, Block 29 South, of Map of Miami -Dade Co. FLA, according to
the plat thereof as recorded in Plat Book.B, Page 41, Public Records of Miami -Dade County, Florida.
Parcel Identification Number: 01-0202-090-1140
Street Address: 427 SW 5 Avenue, Miami, Florida 33130
PARCEL 4:
Begin 160 feet South and 200 feet West of the Northeast corner of West 1/2 of the Southwest 1/4 of
the Southeast 1/4 of the Southeast 1/4 of Section 3, Township 54 South, Range 41 East, thence South
135 feet, West 57 feet, North 135 feet and East 57 feet to the Point of Beginning, situate and being in
Miami -Dade County, Florida.
Parcel Identification Number: 01-4103-000-0350
Street Address: 1877 SW 7 Street, Miami, Florida 33135
Exhibit B
Compliance Agreement
Case No.:
Case Address:
Folio #:
Legal Description:
Owner's Name:
Owner's Mailing
Address::
COMPLIANCE AGREEMCFN. 20210860610 BOOK 32853 PAGE 857
ENT
-DATE:11/16/2021 03:21:34 PM
HARVEY RUVK CLERK OF COURT. MIA-DADE CTY
BB2021022676
984 SW 10 ST
01-4111-001-0770
11-38-39-40 54 41 PB 2-51 LAWRENCE ESTATE LAND COS SUB
N5OFT LOTS 3 & 4 BLK 7-B LOT SIZE 50.000 X 100 OR 7978-0503
& 17427-0727 0797 4 COC 21529.4353 08 2003
V EVERGLADES HOMES LLC
1541 BRICKELL AVE STE 1507
MIAMI, FL 33129
This Compliance Agreement (hereinafter the 'Agreement), running with the land, entered into this 9T" day
of: NOVEMBER 2021, by: yQ EVERGLADES HOMES LLC, (the °Owner) and the CITY OF MIAMI (hereinafter
the "City"), in reference to the above -mentioned Property (hereinafter the "Property).
PREAMBLE
WHEREAS, the Owner desires to make a voluntary binding commitment to assure that the Property
shall be rehabilitated in accordance with the provisions of the Florida Building Code, Fire Prevention Code, and
all other federal, state, or local codes, as amended;
WHEREAS, the Owner enters into this Agreement in lieu of appearing before the City of Miami Unsafe
Structure Panel for a hearing in case: BB2021022676.
WHEREAS, the Owner, in recognition and consideration of the City Building Official (hereinafter referred
to as the "Building Official") granting the Owner additional time to bring the Property into compliance in
avoidance of the City demolishing the Property;
NOW THEREFORE, the Owner voluntarily and knowingly covenants and agrees to be bound by the
terms listed herein, which shall be deemed to be a covenant running with and touching the land, as well as
binding upon the Owner as follows:
SECTION 1 The recitals and findings set forth in the Preamble of this Agreement are hereby adopted
by reference and incorporated herein as if fully set forth in this Section.
SECTION 2, EFFECTIVE DATE. The provisions of this Agreement shall become effective upon
signature of the parties.
SECTION 3. TERMS.
The Owner agrees to:
a. ( ) Demolish the structure(s) located on the Property at issue within one -hundred eighty (180)
calendar days.
b. ( X ) Repair the structure(s) located on the Property as follows: The structure(s) shall be
secured within five (5) working days in a manner approved by this Agreement.. The following
securing method is approved: Storm Shutters (5/8 plywood installed with through bolts or any
shutter approved by the Building Official pursuant to Section 8-40 of the Miami -Dade County
CFN- 20210860610 BOOK 32853 PAGE 858
Code, as amended), The structure is to be maintained secure at all times, clean and sanitary,
free of debris, overgrown grass or weeds, and free of paint discoloration or graffiti.
The property owner agrees that said structure(s) shall be:
ALL plans shall be prepared and introduced into the Building Department within thirty (30) calendar
days from the date of signing this Agreement, All building permits shall be obtained and paid for
within sixty (60) calendar days after the plans have been submitted. Ail repairs or items must be
completed within ninety (90) days of the issuance of the permit unless provided for otherwise in this
Agreement. The plans shall be submitted first to the Unsafe Structures Section for review and
approval. The building permit shall be obtained by a licensed contractor pursuant to Section 10-5
(2) of the Miami -Dade County Code, as amended, unless approved otherwise by the Building
Official,
c. ( ) Repaired or completed with plans prepared by a registered architect or a professional
engineer licensed in the State of Florida, or with the plans originally approved by the Building
Official.
d. ( ) Repaired or completed with a certification letter signed, sealed and dated by a registered
architect or a professional engineer licensed in the State of Florida, stipulating that the existing
work is in compliance with the Florida Building Code, Fire Prevention Code, and all other
technical, federal, state, or local codes, as amended that were In effect at the time of
construction. Signed and Sealed plans shall be prepared and all required permits shall be
obtained.
e. Structures with damage assessed under 50% shall abide by the following:
( ) The completion or repair of saki structure(s) shall conform to the Florida Building Code, as
amended, unless application is made pursuant to the provisions of Sections 8-11 (g) of the
Code of Miami -Dade County, and shall be completed within ninety (90) days after obtaining the
permit. Completion shall be determined when a final inspection approval is obtained on the
building permit and when a Certificate of Completion, ('CC') or a Certificate of Occupancy,
('CO') are obtained, when applicable. If any of the conditions stipulated above are not complied
with, said structure(s) shall be demolished by the City as soon as possible, unless an extension
is granted in writing by the Building Official,
g.
Structures with damage assessed over 50% shall abide by the following:
(X ) The completion or repair of said structure(s) shall conform to all the Florida Building Code,
the Miami -Dade County and the City of Miami Code for a new building or structure and shall be
completed within two -hundred ten (210) days after obtaining the permit. Completion shall be
determined when a final inspection approval is obtained on the building permit and when a
Certificate of Completion, ('CC') or a Certificate of Occupancy, ('CO') are obtained, when
applicable, If any of the conditions stipulated above are not complied with, said structure(s) shall
be demolished by the City as soon as possible unless an extension is granted in writing by the
Building Official.
( ) Forty/Fifty year recertification process. The forty/fifty or older recertification report, as
required by the Miami -Dade County Code, shall be submitted with the standard forms and the
corresponding payment within thirty (30) days from the date this Agreement is signed. Should
the original recertification documents be rejected by the Building Official, an additional sixty (60)
days shall be awarded for permits and all necessary repairs to be conducted,
CFN: 20210860610 BOOK 32853 PAGE 859
h. No construction, renovation, or alteration work shall be commenced at the Property until such
time as the required plans have been presented and approved by the City or before the required
permits are obtained from the City. In cases where work has already started without the
required plans, permits and inspections, the Owner hereby agrees to STOP such work until
plans are produced •to the City, permits are obtained from the City and the formal City
inspection(s) process begins.
( ) Other requirements or provisions.
SECTION 4. ACCESS. The Owner hereby agrees to allow staff of the City of Miami Building
Department or the Unsafe Structures Section unrestricted access to the Property for purposes of performing
compliance inspections during the pendency of this case.
SECTION 5. EXTENSION. No extension of the timeframes set forth by this Agreement shall be
allowed without the express written consent of the Building Official.
SECTION 6. COMPLIANCE, By signing this Agreement you certify that you have read and fully
understand it. Failure to comply with any of the terms of this Agreement will authorize the Building Official to
demolish the property immediately and without further notice.
SECTION 7, WAIVER. By signing this Agreement, the property owner waives the right to have this
Unsafe Structures case brought before the City of Miami Unsafe Structure Panel.
SECTION 8. NOT TRANSFERABLE. This document is not transferrable without the express written
consent of the Building Official.
SECTION 9, SALE OF PROPERTY. The Owner shall not sell or transfer title to the Property during
the course of this Agreement. The occurrence of such sale or transfer will subject the Property to immediate
demolition by the City.
SECTION 10, RECORDING. This Agreement and any Addendum will be recorded in the Public
Records of Miami -Dade County upon execution by the parties. The recording of this Agreement will constitute
constructive notice to all concerned.
SECTION 11. INSPECTION AND ENFORCEMENT, This Agreement may be enforced by any means
provided by law. An enforceinent action may be brought by the City by action in law or in equity against any
party or person violating or attempting to violate any covenants of this Agreement, either to restrain violations
or to recover damages. The City may also enforce this Agreement pursuant to City Code Chapter 2, Article X,
"Code Enforcement" This enforcement provision shall be in addition to any other remedies available under the
law, This enforcement provision shall not apply against the City.
SECTION 12. SEVERABILITY. Invalidation of any one of these covenants by judgment of Court shall
not affect any of the other provisions of the Agreement, which shall remain in full effect,.
SECTION 13. MISCELLANEOUS PROVISIONS. This Agreement shall be construed and enforced
according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -
Dade County, Florida. Each party waives any defense, whether asserted by motion or pleading, that the
aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal
jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction, The parties
CM- 20210860610 BOOK 32853 PAGE 860
irrevocably waive any rights to a jury trial. Title and paragraph headings are for convenient reference and are
not a part of this Agreement No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless
made in writing. This Agreement constitutes the sole and entire agreement between the parties hereto.
SECTION 1 zt. COSTS. This Agreement only addresses bringing the Property into compliance and
does not address any costs or expenses associated with this case owed to the City incurred during the
commencement and prosecution of this case for which the Owner is responsible.
Signed, witnessed, executed and acknowledged on this _Ock day of 00vg.vil
es:
Signature
TA
Print Name
Print Name
Owner:
(VQ EVER
(VICTOR QUE'DA)
Add
2021
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrumentwas acknowledged before me by V%
is C3 personally known to me or CSXas produced 1iCt n St
.He
as identification,
4: Ad
Witness my signature and official seal this tY day of 2021, In the County and State
aforesaid.
My Commission Expires: 0
AP
REQUIREMENTS:
z
ORACEORELLANA
-4>s
CommIssion4 GO 050103
Expires January 2.2, 2024
Bodod Tin Ton 9In Immo *Mi5,7019 •
UILDING OFFICIAL OR DESIGNEE
RENE DIAZ
Notary Public State of
0
Print Name
Exhibit C
Final Administrative
Enforcement Order
THE CITY OF MIAMI, FLORIDA
CODE ENFORCEMENT BOARD
vs.
VGA EVERGLADES HOMES LLC
1541 BRICKELL AVE STE 1507
MIAMI, FL 33129 33129
Tenant:
CFN: 20220054183 BOOK 32968 PAGE 4455
DATE:01/19/2022 11:58:13 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
City of Miami
December 09, 2021
CR: CE2021021249
Case No: GE2021021249
Address: 984 SW '10 ST
Folio: 0141110010770
Legal: 11-38-39-40 5441 PB 2-51 LAWRENCE ESTATE LAND
COS SUB N50FT LOTS 3 &4 BLK 7-B LOT SIZE 50.000 X 100 OR
17978-0503 &17427-0727 0797 4 COC 21529-4353 08 2003 1
Hearing Date: December 08, 2021
FINAL ADMINISTRATIVE ENFORCEMENT ORDER
The Code Enforcement Board has found you guilty of violating the following laws:
- 2151 Failure to obtain a business tax rseeipt for the type of .business conducted, Clty Gode Chapter 31
- 2111 Failure to Obtain a valid certificate of use for the type of business being conducted. Miami 21 section 7.1,2,1(b), Miami 21 Article
4 - table 3, City Code 2µ207
- 2108 Outside Storage of Miscellaneous materials, equipment, debris and/or off•atreet parking or loading area used for storage of
materials or supplies. City Code - Sec. 22-116, Miami 21 section 3.6.3(e)
- 2171 FAILURE TO MAINTAIN EXTERIOR OF COMMERCIAL OR RESIDENTIAL PROPERTY. City Code Chapter '10 SEC '10-23
&10.24
You ere hereby ordered to correct said violation by December 09, 2021, If you fail to comply by said date, you will thereafter be fined
the sum of $250 per day. It Is your responsibility to advise the Inspector immediately after the violation has been corrected to obtain an
Affidavit of Compliance. Failure to obtain an Affidavit of Compliance will result in the continuing accrual of the daily fine.
This Order shall constitute a lien against the above referenced property and any other real or personal property that you own once it is
recorded In the Public Records of Miami -Dade County. LIENS THAT REMAIN UNPAID FOR THREE (3) MONTHS MAY BE
FORECLOSED IN COURT, In addition, the Certificate of Use end Occupational License of any business occupying this property may
be suspended or withheld. Operating a business without all required licenses is Illegal under state and city law, and is punishable by
criminal arrest and/or closing the business,
Should you have any questions regarding this Enforcement Order, or if you wish to advise the Code Enforcement Board that the
violation has been corrected, please call Josseline Castillo at Cell Phone Number: (786) 696-0494 or Office Phone Number: (305) 416-
2087.
City of Miami Code Enforcement Board
This Is to certify that the foregoing is a true and correct copy of the document on file dated December 09, 2021 of the Code
Enforcement Board. Officially filed and rendered on December 09, .2021 In the records of the City of Miami, Hearing Boards,
Prepared by:, _ .. _..............
Olga Zamora
Deputy Clerk of Hearing Boards
bp. 4183 BOCK 32968 PAGE 4456
Exhibit D
Notice of Unsafe Structure Violation
March 02, 2022
VO EVERGLADES HOMES LLC
1541 BRICKELL AVE STE 1507
MIAMI, FL 33129 33129
CFN: 20220200380 BOOK 33058 PAGE 4302
DATE:03/09/2022 01:50:37 PM
HARVEY RUVIN, CLERK OF COURT, MIA -DADS CITY
City of Miami
CR: BB20210.22670
NOTICE OF UNSAFE STRUCTURE VIOLATION
PENDING MUNICIPAL SPECIAL ASSESSMENT LIEN
STATE OF FLORIDA CR.; RB.2021 02257E
COUNTY OF MIAMI-DADE Folio: 0141110010770
Lien: US1022676
NOTICE IS HEREBY GIVEN THAT violation of Chapter 8-5 of the Code of Miami -Dade County and Chapter 10, Article VI, Section 10-
101 of the City of Miami Code presently exist upon the following property, to wit:
Legal Description:
984 SW 10 ST 11-38..39.40 54 41 PB 2-51 LAWRENCE ESTATE LAND COS SUB N50FT LOTS 3 &4 BLK 7µB LOT SiZE
100 OR 17978.0503 &174.27.0727 0797 4 COC 21 529-4353 08 .2003 1
000 X
Reference is made to the Notice of Violation in the Office of the Unsafe Structure Section of the City of Miami Building Department,
Miami, Florida, specifying the violations which have resulted in the subject building or structure being deolared unsafe and the remedial
actions required to correct such violations,
This instrument Is filed pursuant to Chapter 8.5 of the Code of MI i-Dade County and Chapter 10, Article VI, Section 10-1O1 of the
City of Miami Code, and all persons having or acquiring any Interest in the above described property are hereby notified of the existence
of said violations and the penalties prescribed by law.
The lien results from the violation and the action required by the City to correct the violation Is a special assessment lien pursuant to
Florida Statute § 170.201, and is coequal with the lien of all state, county, district, and municipal taxes, superior In dignity to all other
liens, titles, and claims until paid, All costs incurred pursuant to Chapter 8-5 of the Code of Miami -Dade County, and Chapter 10, Article
VI, Section 10-101 of the City of Miami Code, will be recovered through the lien process. For full cost of this special assessment lien,
and compliance Information, please contact the undersigned,
Rene Diaz
Chief of Unsafe Structures
City of Miami Building Department
(305) 416-1177
unsafestructures@miamigov.com
lcoilections@miarnigov.com
Exhibit E
Order of Unsafe Structures Panel
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
City of Miami
ORDER OF THE UNSAFE
STRUCTURES PANEL
CFN, 20220314856 BOOK 33135 PAGE 2125
DATE:04/18/2022 08:59:43 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
FOR FULL INFORMATION CONCERNING THE DECISION
ORDER, PLEASE READ THIS DOCUMENT IN ITS ENTIRETY
File Number 16-03374
Owner's Name: VII EVERGLADES HOMES LLC
Owner's Mailing Address: 1541 BRICKELL AVENU
Case #: 1L31922221713
RE: 984 SW 10 ST
Folio Number: 01-41
Legal Description: N5 4 BLOCK 7
BOOK 2, PAGE 51, MIAMI-DADE
1-001-077
Final Action: 04108/2022
AWRENCE EST LAND COS SUB, PLAT
The City of Miami's Unsafe Structures Panel Decision, at its meeting on APRIL 8th, 202
Structure "A" (3-STORY, WF, DUPLEX):
STRUCTURE "A" ; 0ernolish the Unsafe u ithin
ays
BUILDING PERMTS;
Structure "An; Permits sh I be obtained within 30 d s f
iay
date
or
Property Survey required for all total demolition permits. Ail property surveys submitted to this
Section for the purpose of obtaining a permit shall be current, she!) furthermore be Signed and
Seated and shall show all pertinent and required elevations,
IF ANY OF THE ABOVE STIPULATION(S) ARE NOT COMPLIED WITH, SAID
STRUCTURE(S) SHALL BE DEMOLISHED BY THE CITY OF MIAMI AS SOON AS
POSSIBLE
The City of Miami Unsafe Structures Panel also ordered that, if cornpliance is not obtained
within the time periods stipulated above, then the Building Official is tUrther instructed to
proceed in accordance with Chapter 10, Article VI of the City of Miami Code . There will be no
further notices or communication from the City of Miami Unsafe Structures Panel regarding
this case.
This docu t e orded bv the 13 iJdtniO.dat wlth the Public .Records of
Miami -Dade .in1v,T!i1s...reordini will conconstructive notLc
one
11
as well as an subsequent purchaser, that a decision has been rendered b h
Miami Unsafe Structures Appeal Panel on the above referenced property in that the
property in question is an Unsafe Structure and cannot be occu ied until e
Violations are csLed. Any costs associated with this case and this hearing shall be
declared a special assessment pursuant to Chapter 10, Article VI of the City of Miami
Cltvof
City of Miami
Page 1 Printed on 4/8/22
CFN 20220314856 BOOK 33135 PAGE 2126
Case :8620210226Th - Owner's Name: VQ EVERGLADES HOMES 0..C.
Code and Chapter 8-5 of the Miaml-Dade County Code,. Likewise, and to avoid
additional hazards, the Electrical Service to the Unsafe Struc ure will be disconnected
and will remain discorm9cted until the Violetio cur d,
Permits for the structure(s) located at the above address must be obtained from the caul_
Miami Buildin De Jart ent - 444 SW 2 Avenue, (41th floor), Miami, FL. 33130,
The City of Miami Unsafe Structures Panel is Quasi -Judicial. The decision and specified
compliance date(s) are final and binding. Any owner or interested party, as defined by Section
10-101 of the City Code aggrieved by a decision of the City of Miami Unsafe Structures Panel
may seek judicial review of that decision in accordance with the Florida Rules of Appellate
Procedure.
INTERESTED PARTIES:
Known Interested Parties for •Case No.: BB2021022676
As of date APRIL 8111 2022 :
Q EVERGLADES H
RAUL DRIGGS AND ROSA DR1GG
11•535 SW 77 AVENUE
MIAMI, FL 33156
VICTOR, QUEZADA, MR
VQ EVERGLADES HOMES L
1541 BRIcKELLAya 1507
MIAMI, FL 33129
LC
At a meeting of the Unsafe Structure Panel on 418/2022, a motion was made by
Panel Member Kouchalakos, seconded by Panel Member Bared, that this Order be
APPROVED, passed.
Moved By:
Seconded By:
Panel Member .Kouchalakos
Panel Member
City of Miami Page 2 Printed on 418/22
CFN: 202203'14856 BOOK 33135 PAGE 2'127
Case # :BB2021022676 - Owner's Name: VO EVERGLADES HOMES LLC
Chair, Unsafe Structure
Panel Miguel Martinez
4/8/2022
Date
City of Miami Page 3 P od on 4/8/22
Exhibit F
Code Enforcement Order
7/1/2023
VQ EVERGLADES HOMES LLC
1541 BRICKELL AVE SJE 1507
MIIANII FL 33129
Subject Property: 984 SW 10 ST
Folio: 0141110010770
CFN: 20230470364 BOOK 33785 PAGE 335
DATE:07/10/2023 08:19:29 AM
JUAN FERNANDEZ-BARQUIN
CLERK OF THE COURT & COMPTROLLER
MIAMI-DADE COUNTY, FL
Case Number.. 00048782
VQ EVERGLADES HOMES LLC
1541 BRICKELL AVE SI E 1507
MIAMI FL 33129
CODE ENFORCEMENT ORDER - TEO
Name of Violator(s): VQ EVERGLADES HOMES LLC.
Location of Violation: 984 SW 10 ST
Legal Description of the Property:
11-38-39-40 54 41 PB 2-51 LAWRENCE ESTA fh LAND COS SUB N50F1 LOTS 3 & 4 BLK 7-B LOT SIZE 50.000 X 100 OR 17978-0503
& 17427-0727 0797 4 COC 21529-4353 08 20031
Violation Date/Time. 5/5/2023, 11:02 AM
Code Section(s) Violated. 4405 - Failure to have garbage/small trash containerized or bundled.. lled_. City Code SEC 22-2 (a)
Deadline for Compliance: 5/6/2023
Name of Inspector. Yolanda Dukes
Office Adchca,: 1290 NW 20th St Miami, FL. 33142
Office Phone Number. (305) 960-2848
It is hereby ordered that the violators) shall pay to the City of Miami $79.00, (initial civil penalty), and $0.00, (cost for appeal hearing), totaling
$79.00.
Questions concerning the nature of the violation or how to coned the violation should be directed to the Code Enforcement Inspector, Yolanda
Dukes, at (305) 960- 2848. Questions concerning this enforcenant order or payment of fines should be directed to the Department of Hearing
Boards at (305) 416-2030.
THIS ORDER SHALL CONSTITUTE A LIENAGAINST THE VIOLATOR'S PROPERTY, REAL OR PERSONAL.
This is to certify that this is a true and connect copy, which has been officially filed and rendered on 7/1/2023 in the records of the City of Miami,
Hearing Boards.
Prepared by:
Robert Santos-Alboma
Code Compliance Director
Exhibit G
Notice of Municipal Special
Assessment Lien
January 18, 2024
VQ EVERGLADES HOMES LLC
1541 BRICKELL AVE STE 1507
MIAMI, FL 33129 33129
CFN: 20240049704 BOOK 34058 PAGE 2425
DATE:01/19/2024 08:21:38 AM
JUAN FERNANDEZ-BARQUIN
CLERK OF THE COURT & COMPTROLLER
MIAMI-DADE COUNTY, FL
City of Miami
Legal Description:
Re: 984 SW 10 ST
11-38-39-40 54 41 PB 2-51 LAWRENCE ESTATE LAND COS
SUB N50FT LOTS 3 &4 BLK 7-B LOT SIZE 50.000 X 100 OR
17978-0503 &17427-0727 0797 4 COC 21529-4353 08 2003 1
NOTICE OF MUNICIPAL SPECIAL ASSESSMENT LIEN PURSUANT TO FLORIDA STATUTE 170.201
PURSUANT TO UNSAFE STRUCTURE VIOLATION
STATE OF FLORIDA CR: BB2021022676
COUNTY OF MIAMI DADE Folio: 0141110010770
NOTICE WAS GIVEN that violation of Chapter 8-5 of the Code of Miami Dade County and Chapter 10, Article VI, Section 10-101 of the
City of Miami Code presently existed upon the above described property. Said NOTICE was recorded in Official Record Book 33058 at
PAGE 4302 of the Miami -Dade Public Records.
THIS NOTICE IS TO CERTIFY that the violations have been corrected and that the following itemized costs have been expended by
the City of Miami Building Department on behalf of the above described property in obtaining compliance and/or correcting said
violations, pursuant to Chapter 8-5 of the Code of Miami Dade County and Chapter 10, Article VI, Section 10-101 of the City of Miami
Code:
ADMINISTRATIVE FEE: 1,739.00
BOARD COST: 536.74
EXPENSES: 24,965.39
TOTAL: 27,241.13
The total expenditures as herein listed shall remain a municipal special assessment lien against the real property involved until paid,
pursuant to Section 170.201, Florida Statutes. This lien is coequal with the lien of all state, county, district, and municipal taxes, superior
in dignity to all other liens, titles, and claims until paid. This lien shall accrue interest at the highest statutory rate as determined by
Section 170.09, Florida Statutes. Payment is to be made to the City of Miami, Finance Department, 444 SW 2nd Avenue, Miami, FL,
33130.
This lien is based on the Final Order filed pursuant to Chapter 8-5 of the Code of Miami Dade County and Chapter 10, Article VI,
Section 10-101 of the City of Miami Code and all persons having or acquiring any interest in the above described property are hereby
notified of the existence of said violations and liens prescribed by law.
Prepared by: -'
Rene I. Diaz
Chief of Unsafe Structures Section
City of Miami Building Department
(305)416-1177
unsafestructures@miamigov.com
Icollections@miamigov.com