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HomeMy WebLinkAboutBack-Up DocumentsFiling # 198458449 E-Filed 05/16/2024 11:36:30 AM ❑ IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. ❑ IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. DIVISION ❑ CIVIL ❑ DISTRICTS ❑ OTHER PLAINTIFF(S) AMSDELL STORAGE VENTURES 64, LLC THE STATE OF FLORIDA: To Each Sheriff of the State: SUMMONS 20 DAY CORPORATE SERVICE (a) GENERAL FORMS VS. DEFENDANT(S) City of Miami DATE INITIAL DGE YOU ARE COMMANDED to serve this summons and copy of the complaint or petition n this action .n defendant(s): Office of the Mayor, City of Miami 3500 Pan American Drive, Second Floor Miami, Florida 33133 Each defendant is required to serve written defense to the complaint or petition on Plaintiffs Attorney: Javier E. Fernandez whose address is: 201 Alhambra Circle, Suite 1205 Coral Gables, Florida 33134 CASE NUMBER 20,2(�.O0 6/ CLei SERVICE n r 0 c> z within 20 days " Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of its agencies, or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days. When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 days." after service of this summons on that defendant , exclusive of the day of service, and to file the original of the defenses with the Clerk of this Clerk Court either before service on Plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. JUAN FERNANDEZ-BARQUIN CLERK OF THE COURT AND COMPTROLLER MIAMI-DADE COUNTY CIRCUIT AND COUNTY COURTS DATE 5/20/2024 m DEP TY CLERK AMERICANS WITH DISABILITIES ACT OF 1990 ADA NOTICE "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Aliean Simpkins, the Eleventh Judicial Circuit Court's ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Suite 2400, Miami, FL 33128; Telephone (305) 349-7175; TDD (305) 349-7174, Email ADAAjudll.flcourts.org; or via Fax at (305) 349-7355, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711." BY: CLK/CT. 314 Rev. 06/23 Clerk's web address: www.miamidadeclerk.gov Filing # 198342087 E-Filed 05/15/2024 09:42:13 AM FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) I. CASE STYLE IN THE CIRCUIT/COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA AMSDELL STORAGE VENTURES 64, LLC Plaintiff vs. City of Miami Defendant Case # [.19 /Oak -AO/ Judge ®1t II. AMOUNT OF CLAIM Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose. ❑ $8,000 or less ❑ $8,001 - $30,000 ❑ $30,001- $50,000 O $50,001- $75,000 ❑ $75,001 - $100,000 ❑ over $100,000.00 III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines. 1 CIRCUIT CIVIL ❑ Condominium ❑ Contracts and indebtedness ❑ Eminent domain ❑ Auto negligence ❑ Negligence —other ❑ Business governance ❑ Business torts ❑ Environmental/Toxic tort ❑ Third party indemnification ❑ Construction defect ❑ Mass tort ❑ Negligent security ❑ Nursing home negligence ❑ Premises liability —commercial ❑ Premises liability —residential ❑ Products liability © Real Property/Mortgage foreclosure ❑ Commercial foreclosure ❑ Homestead residential foreclosure ❑ Non -homestead residential foreclosure ® Other real property actions Professional malpractice ❑ Malpractice —business ❑ Malpractice —medical ❑ Malpractice —other professional ❑ Other ❑ Antitrust/Trade regulation ❑ Business transactions ❑ Constitutional challenge —statute or ordinance ❑ Constitutional challenge proposed amendment ❑ Corporate trusts ❑ Discrimination —employment or other ❑ Insurance claims ❑ Intellectual property ❑ Libel/Slander ❑ Shareholder derivative action ❑ Securities litigation ❑ Trade secrets ❑ Trust litigation COUNTY CIVIL ❑ Small Claims up to $8,000 ❑ Civil ❑ Real property/Mortgage foreclosure 2 ❑ Replevins ❑ Evictions El Residential Evictions ❑ Non-residential Evictions ❑ Other civil (non -monetary) COMPLEX BUSINESS COURT This action is appropriate for assignment to Complex Business Court as delineated and mandated by the Administrative Order. Yes ❑ No ❑x IV. REMEDIES SOUGHT (check all that apply): ❑ Monetary; ▪ Nonmonetary declaratory or injunctive relief; ❑ Punitive V. NUMBER OF CAUSES OF ACTION: [ ] (Specify) 1 VI. IS THIS CASE A CLASS ACTION LAWSUIT? ❑ yes ❑x no VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? El no ❑ yes If "yes," list all related cases by name, case number, and court. VIII. IS JURY TRIAL DEMANDED IN COMPLAINT? ❑ yes • no IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE? ❑ yes ® no I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425. Signature: s/ Alexandra Francesca Cimo Attorney or party Alexandra Francesca Cimo (type or print name) Date -3- Fla. Bar # 1032738 (Bar # if attorney) 05/15/2024 Filing # 198342087 E-Filed 05/15/2024 09:42:13 AM IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 8t2a l� S0 6/4a U/ AMSDELL STORAGE VENTURES 64, LLC , a Florida limited liability company Plaintiff, v. CITY OF MIAMI, Defendant. COMPLAINT TO QUIET TITLE Amsdell Storage Ventures 64, LLC, a Florida limited liability company ("Plaintiff'), sues City of Miami, a municipal corporation and political subdivision of the State of Florida ("City" or "Defendant"), and alleges as follows: PARTIES, JURISDICTION, AND VENUE 1. This is an action to quiet title in real property located in Miami -Dade County, Florida pursuant to FLA. STAT. §65.061. 2. Plaintiff is a Florida limited liability company and owns real property located in Miami -Dade County, Florida, which property is at issue in this dispute. 3. Defendant is a municipal corporation and subdivision under the laws of the State of Florida and is located in Miami -Dade County. 4. Venue is proper in Miami -Dade County is proper because the Property at issue is located in Miami -Dade County, Florida (the "County"), pursuant to FLA. STAT. §47.051. 5. This Court has subject matter jurisdiction over this action pursuant to FLA. STAT. §26.012(2)(g). GENERAL ALLEGATIONS 6. On April 29, 2020, Plaintiff purchased the parcels located at 7751 NW 2nd Avenue, Miami, Florida 33150, and 200 NW 79th Street, Miami, Florida 33150 which is legally described as: Parcel 1: Lots 1 and 2, in Block 2, of WEST TERRACE OF PHOENIX PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 13, of the Public Records of Miami -Dade County, Florida; and Parcel 2: Tract A, of GAINES REPLAT, according to the Plat thereof, as recorded in Plat Book 52 at Page 5, of the Public Records of Miami -Dade County, Florida. 7. Only the parcel located at 7751 NW 2nd Avenue, Miami, Florida 33150 (the "Property") is the subject of the lawsuit. 8. Plaintiff is the owner of the Property by virtue of that certain Special Warranty Deed dated April 29, 2020, and recorded on April 30, 2020, at Book 31918, Pages 243, in the Public Records in and for Miami -Dade County, attached hereto as Exhibit A. 9. Plaintiff was under the mistaken impression that the existing parking lot use on the Property had been legally established, permitted and constructed given that it had been sold in conjunction with the parcel located at 200 NW 79th Street, Miami, Florida 33150, since 2002. 10. On July 5, 2022, the City issued to Plaintiff a Notice of Violation for the following: (i) 2110- No Certificate of Use..Miami 21 section 7.1.2.1(b), Miami 21 Article 4-table 3, City Code 2-207; (ii) 2151- Failure to obtain a business tax receipt for the type of business conducted. City Code Chapter 31; (iii) 2180- Failure to maintain lot in a safe, clean condition; not allowing accumulation of debris, trash, or dense growth of grass. City Code Section 22-116, 117, 118; and (iv) 2101- Parking/storage of inoperable/untagged vehicles. Miami 21 Article 3 Section 3.6.3 (g). 11. The Notice of Violation requested that Plaintiff correct the alleged violations by June 23, 2022. A true and correct copy of the Notice of Violation is attached hereto as Exhibit B. 12. Immediately after Platintiff received the Notice of Violation, Plaintiff began working towards curing the violations. 13. Plaintiff was able to cure violation: 2180 - Failure to maintain lot in a safe, clean condition; not allowing accumulation of debris, trash or dense growth of grass...City Code Section 22-116 117, 118. 14. On July 5, 2022, Plaintiff received a Notice of Violation Summons to Appear -Sum ("Summons") for allegedly violating the following laws: (i) 2110- No Certificate of Use..Miami 21 section 7.1.2.1 (b), Miami 21 Article 4-table 3, City Code 2-207; (ii) 2151- Failure to obtain a business tax receipt for the type of business conducted. City Code Chapter 31; and (ii) 2101- Parking/storage of inoperable/untagged vehicles. Miami 21 Article 3 Section 3.6.3 (g). A copy of the Summons is attached hereto as Exhibit C. 15. The Summons provided for an October 6, 2022, hearing date (the "Hearing"). 16. Plaintiff retained counsel in July of 2022 to assist with curing the violations and to attend the Hearing. 17. From July of 2022 until the Hearing, Plaintiff and counsel were working diligently towards procuring an exception pursuant to Art. 4, Table 3 of the Miami21 Code to cure the violations. 18. On September 28, 2022, Plaintiff through counsel submitted a pre -application meeting request for an exception application for the Property. 19. On October 6, 2022, counsel appeared before the Code Enforcement Board and was given a timeline of 150 days to come into compliance and procure approval for an exception. 20. On November 8, 2022, counsel attended a pre -application meeting for the exception application (PREAPP-22-0239). 21. Counsel worked closely with the architect to address the concerns from the preapplication meeting and submitted the full application on January 3, 2023. 22. On February 23, 2023, counsel requested an extension of time attached hereto as because the exception application was still under review by the City. A copy of the request is attached hereto as Exhibit D. 23. This request was made before the compliance deadline of March 5, 2023, 24. On April 17, 2023, counsel found the hearing date notification in the spam folder. A copy of the email counsel sent to Olga Zamora, the Chief of Hearing Boards, regarding the lost email is attached hereto as Exhibit E. 25. Section 2-817(d)(2) of the City's Code provides that mitigation is not available for properties that exceed 271 days to reach compliance except for the exceptions listed in subsection (d)(4) of the City's Code. 26. The City maintains that Plaintiff is not exempt under Section 2-817(d)(4) of the City's Code. 27. A lien in the amount of $131,500.00 exists on the Property. 28. Before filing this cause of action, Plaintiff communicated with Defendant in an attempt to mitigate the fines and remove the lien on the Property to no avail. 29. All conditions precedent have been completed before the filing of this cause of action, COUNT I — QUIET TITLE (the Property) 30. Plaintiff incorporates and realleges the allegations in paragraphs 1 through 29 are incorporated as if set forth fully herein. 31. This is an action to quiet title pursuant to FLA. STAT. §§65.021 and65.061. 32. Plaintiff incorporates and realleges the allegations in paragraphs 1 through 21 are incorporated as if set forth fully herein. 33. The Final Administrative Order imposed a lien on the Property. 34. Defendant may claim an adverse interest in the Property by virtue of the aforementioned lien. 35. Defendant does not have a lawful or legitimate interest in the Property, and any interest in the Property, if any, is subordinate and inferior to the Plaintiff's right, title, andinterest in the Property. 36. Pursuant to FLA.STAT. (§) 65.031, Plaintiff is authorized to bring an action to quiet title to the Property and to clear any cloud on its title. 37. Plaintiff has a compelling interest in clearing title imposed by the Order and the lien because the title of the Property is currently unmarketable. WHEREFORE, the Plaintiff respectfully requests that this Court enter a judgment in its favor and against Defendant extinguishing any right or claim that Defendant may have in the Property, and removing any and all liens on title to the Property, and quieting title in the Plaintiff, together with any and such further relief as this Court deems necessary to protect Plaintiff's rights and interests to the Property. Sanchez -Medina, Gonzalez, Quesada, Lage, Gomez & Machado LLP Counsel for Plaintiff 201 Alhambra Circle, Suite 1205 Coral Gables, Florida 33134 Tel. (305) 377-1000 Fax (855) 327-0391 lernandez ai)sm 7 law.com acimo'om By: /s/ Javier E. Fernandez, Esq. Javier E. Fernandez, Esq. Florida Bar No. 76883 Alexandra F. Cimo, Esq. Florida Bar No. 1032738 EXHIBIT A THIS INSTRUMENT WAS PREPARED BY: Daniel M. Mackler, Esq. Gunster, Yoakley & Stewart, P.A. Brickell World Plaza 600 Brickell Avenue, Suite 3500 Miami, FL 33131 Tax ID No.: 01-3112-061-0040 01-3112-031-0010 CFN: 20200257330 BOOK 31918 PAGE 243 DATE:04/30/2020 12:10:25 PM DEED DOC 43,380.00 SURTAX 32,535.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY SPECIAL WARRANTY DEED THIS INDENTURE, made this Z14day of A et:, t 2020, between Mitsukoshi Miami, LLC, a Delaware limited liability company, whose address is 135 W. Main Street, Suite M, Aspen, CO 81611 ("Grantor"), and Amsdell Storage Ventures 64, LLC, a Delaware limited liability company, whose address is 20445 Emerald Parkway Drive, SW — Suite 220, Cleveland, OH 44135 ("Grant "): WITNESSETIL THAT: Grantor, for and in consideration of the sum of Ten and No/100 U,S. Dollars ($10.00), lawful money of the United States of America, to it in hand paid by the Grantee, at or before the ensealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, alienated, remised, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee and its/his/her heirs or successors and assignees forever, the following parcel of land, situate, lying and being in the County of Miami -Dade, State of Florida, and more particularly described as follows: SEE "Land"), A ATTACHED HERETO AND MADE A PART HEREOF (the SUBJECT TO AND TOGETHER WITH, HOWEVER, THE FOLLOWING: 1. Real property taxes and assessments for the year 2020 and for subsequent years, 2. Zoning and other regulatory laws and ordinances affecting the Land. 3. Easements, reservations, restrictions, rights of way, and other matters of record, if any, without re -imposing the same. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. ACT6.1 CFN: 20200257330 BOOK 31918 PAGE 244 AND the Grantor hereby covenants with said Grantee that it is lawfully seized of the Land hereby conveyed in fee simple; that it has good right and lawful authority to sell and convey said Land; that it hereby specially warrants the title to said Land and will defend the same against the lawful claims of any persons claiming by, through or under the said Grantor but against no others, IN 'WITNESS WHEREOF, Grantor has caused these presents to be signed in its name by its proper officers, and its corporate seal to be affixed, the day and year first above written. Printed Nanle ofWitness STATE OF COUNTY 01PirC‹ f ) ) ss.: Mitsukoshi Miami, LLC, a Delaware limited liability company By: Gentry Real Estate Corporation, a Missouri corporation, as Manager By: The foregoing Special Warranty Deed was knowledg d before inc by means of (>) physical presence or ( ) online notarization this day of tJ, 2020, by Clayton Gentry, as President of Gentry Real Estate Corporation, a Missori corporation, as Manager of Mitsukoshi Miami, LLC, a Delaware limited liability cornpany, on behalf of the company, who 09 is personally known to me, or ( roduced as identification. JENNIE LAWHEAD TART PUBLIC ST OF COLORADO NOTARY 10 20134040382 W COMMISSION SPIRES JOLT 24 2021 „ - 4-,tx7e) '7 1 7/// ACTIVE:11076156.1 Printed Name of Notary Public CFN: 20200257330 BOOK 31918 PAGE 245 EXRU3JT A Parcel 1: Lots 1 and 2, in Block 2, of WEST TERRACE OF PHOENIX PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 13, of the Public Records of Miami - Dade County, Florida; and Parcel 2: Tract A, of GAINES REPLAT, according to the Plat thereof, as recorded in Plat Book 52 at Page 5, of the Public Records of Miami -Dade County, Florida. ACTIVE:11076156,1 EXHIBIT B \\ ()I IJ „ 1.61AI i11'Iv 1 11 )t Jun 9, 2022 Case Number: 00015251 AMSDELL STORAGE VENTURES 64 IAA.' 20445 EMERALD PI<WY OR SW STE 220 CLEVELANL) OH 44135 7751NW2AV AMSDEI.I STORAGE VENTURES 64 LLC 20445 EMERALD PIC\\'Y DR SW STE 220 CLEVELAND Olt 44135 Folio: 0131120610040 NOTICE OF VIOLATION POTENTIAL PROPERTY LIEN— NOV Subject Property: 7751 NW 2 AV Folio: 0131 120E 10040 Dear AMSDELL STORAGE VENTURES 64 LLC: You are notified that an inspection of the above property discloses that you are in violation of the following laws, including 2110 - No Certificate of Use.. Miami 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3. City Code 2-207 2151 - Failure to obtain a business tax receipt for the type of business conducted.. City Code Chapter 31 2180 - Failure to maintain lot in a safe, clean condition: not allowing accumulation of debris, trash or dense growth of grass.. City Code Section 22-116,117,118 2102 - Parking/storage of inoperablc!untaggcd vehicles. Miami 21 Article 3 Section 3.6,3 (g) Corrections required: You must obtain a Certificate of Use and Business Tax Receipt lilt your properly. Yon must remove all inoperable and untagged vehicles from properly. You n1tist cleanup and remove trash that is at rear of lot. You are directed to correct said violation(s) by Jun 23, 2022 and to notify the Inspector that the violation(s) has been corrected. If the violation(s) has not been corrected with the approval of the inspector within the specified time period, you will be commanded to appear before the Code Enforcement Board. 1f you are found guilty and fail to correct said violation(s), the Code Enforcement Board can impose tines of up to $525.00 per day for each day the violation(s) remains uncorrected beyond the time period provided. Unpaid tines will become liens against this property and all properties you own and will be recorded in the public records of Miami -Dade County, Liens which remain unpaid for three (3) months may be foreclosed in court. In addition, the C'ertificute of Use and Occupational License of u..ny 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 Name of Inspector: Erik Encinosa Office Address: 444 Southwest 2nd Avenue, 7th Floor. Miami, FI . 33130 Office Phone Number: (305) 416-2087 Cell Phone Number: (786) 696-0198 Emuih cencinosara minnligov,com If you have any questions, please contact the inspector at the above listed office phone number Monday to Friday. Erik Encinosa City of Miami Code Enforcement Inspector Cc: ('T CORPORATION SYSTEM (Registered Agouti EXHIBIT C USPS CERTIFIED MAIL Jul 5, 2022 THE CITY OF MIAMI vs. AMSDEI.,L STORAGE VENTURES 64 LLC 20445 EMERALD PKWY DR SW STE 220 CLEVELAND OH 44135 CT CORPORATION SYSTEM 1200 South Pine Island Road Plantation FL 33324 Subject Property: 7751 NW 2 AV Folio: 0131120610040 i i u R 9214 8902 6239 4000 0660 05 I I CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case Number: 00015251 Address: 7751 NW 2 AV Zoning: I Folio: 0131120610040 Legal: WEST TERR RESUB PB 12-13 LOTS 1 & 2 BLK 2 LOT SIZE 10200 SQ FT OR 20397-2045 0402 2 (2) COC 25929-0675 08 2007 2 NOTICE OF VIOLATION SUMMONS TO APPEAR — SUM You are hereby notified that an inspection of the above property discloses that you are in violation the following laws, including 2110 - No Certificate of Use.. Miami 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207 2151 - Failure to obtain a business tax receipt for the type of business conducted.. City Code Chapter 31 2102 - Parking/storage of inoperable/untagged vehicles. Miami 21 Article 3 Section 3.6.3 (g) Violation Corrections Required: * You must obtain a Certificate of Use and Business Tax Receipt for your property. You must remove all inoperable and untagged vehicles from property. You must cleanup and remove trash that is at rear of lot. You were directed to correct said violation(s) by Jun 23, 2022 and to notify the Inspector that the violation(s) has been corrected. Failure to do so will result in charges being filed against you with the Code Enforcement Board of the City of Miami. If the violation(s) is (are) not corrected with the approval of the inspector within the specified time period, you are hereby commanded to appear before the Code Enforcement Board for a hearing at the following time and place: Hearing Date: Oct 6, 2022 Time: 5:00 PM Place: Commission Chambers, City Hall. 3500 Pan American Drive, Miami, Florida If you cannot communicate in English, you are responsible for bringing a translator, 18 years of age or over, to the Code Enforcement Board Hearing, In accordance with the Americans with Disabilities Act of 1990, all persons who require special accommodations in order to participate in this meeting should contact the Office of the City Clerk at (305) 250-5360 at least three business days prior to the proceeding. THIS IS YOUR NOTICE TO APPEAR AT THAT TIME AND PLACE. FAILURE TO APPEAR WILL RESULT IN THIS MATTER BEING HEARD IN YOUR ABSENCE. IF YOU ARE FOUND GUILTY AND YOU FAIL TO CORRECT SAID VIOLATION, THE CODE ENFORCEMENT BOARD CAN IMPOSE FINES AGAINST YOU OF UP TO $250 PER DAY, OR $500 PER DAY FOR A REPEAT VIOLATION. UNPAID FINES WILL BECOME LIENS AGAINST THIS PROPERTY AND ALL PROPERTIES YOU OWN, AND WILL BE RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. LIENS WHICH REMAIN UNPAID FOR THREE (3) MONTHS MAY BE FORECLOSED IN COURT. In addition, the Certificate of Use and 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. ESTE ES SU AVISO PARA COMPARECER A LA HORA Y EN EL LUGAR INDICADO ANTERIORMENTE. SI NO COMPARECE, LA VISTA DE ESTA CAUSA SE CELEBRARA EN SU AUSENCIA. SI SE DETERMINA QUE ES CULPABLE Y NO SUBSANA DICHA INFRACC16N, LA JUNTA DE CUMPLIMIENTO DEL C6DIGO PODRA IMPONERLE MULTAS HASTA DE $250 DIARIOS 0 $500 DIARIOS, SI SE REPITE LA INFRACC16N. LAS MULTAS QUE NO SE PAGUEN SE CONVERTIRAN EN GRAVAMENES CONTRA ESTA PROPIEDAD Y CONTRA TODAS LAS PROPIEDADES QUE LE PERTENEZCAN Y SE REGISTRARAN EN EL ARCHIVO PIJBLICO DEL CONDADO DE MIAMI-DADE, FLORIDA. LOS GRAVAMENES QUE PERMANEZCAN SIN PAGAR DURANTE TRES (3) MESES PODRAN EJECUTARSE EN EL TRIBUNAL. Ademas, se podra suspender o denegar el Certificado de Uso y Licencia Ocupacional de los negocios que est6n situados en la propiedad. Las leyes estatales y municipales disponen que es ilicito operar un negocio sin todas las licencias necesarias, y esto se castiga con arresto por comision de delito y/o la clausura del negocio. SA A, SE AVI POU OU OUMENM, POU OU PART LE SA A EPI NAN KOTE SA A. SI OU PA PART, SA AP LAKOZ YO F$ JIJMAN ANNABSANS OU. SI YO WE KE OU KOUPAB EPI OU PA KORIJE VYOLASYON YO, KOMITE DEGZEKISYON AN KA PRAN SANKSYON POU FE OU PEYE AMANN JISKA $250 PA JOU, OSNON $500 PA JOU SI SE YON VYOLASYON KI TE PET DEJA. SI AMANN YO PA PEYE, SA AP VIN LAKOZ KE YO PASE LOD POU LETA SEZI KOTE SA A ANSANM AK TOUT LOT KOTE OU OENYEN, EPI YAP PIBLIYE SA NAN DOSYE PIBLIK DADE KONNTI, FLORID. APRE LOD POU SEZI KOTE AN, SI TWA (3) PASE EPI AMANN NAN TOUJOU PA PEYE, YO KAPAB ALE NAN TRIBINAL POU SEZI KOTE AN. Lefini yo kapab sispann osnon kenbe Setifika pou sevi (Certificate of Use) ansanm ak pemi pou nan kote an (Occupational License) ke nenpdt biznis genyen, Se yon bagay ki ilegal pou moun opere yon biznis san tout pemi yo dwe genyen dapre lalwa eta florid ak lwa vil lan, epi pinisyon pou sa se arestasyon kriminel ak/oswa amen biznis lan. Name of Inspector: Erik Encinosa Office Address: 444 Southwest 2nd Avenue, 7th Floor. Miami, FL. 33130 Office Phone Number: (305) 416-2087 Ce1I Phone Number: (786) 696-0198 Email: eencinosa@miamigov.com If you have any questions, please contact the inspector between the hours of (8:00-9:30 AM and 4:00-5:00 PM) Monday through Friday. by: Erik Encinosa City of Miami Code Enforcement Inspector EXHIBIT D 2/23/23, 12:50 PM Request an Extension of Time for Code Enforcement - Miami COVID-1 9 Information COVID-19 General Information and ARPA Relief Funds (https://www.miamigov.com/Community-Health), C$ty of Miami Home (https://www.miamigov.com/Home) / Request an Extension of Time for Code Enforcement Request an Extension of Time for Code Enforcement Site Feedback https://www.miamigov.com/Forms/Request-an-Extension-of-Time-for-Code-Enforcement-FORM 1/4 2/23/23, 12:50 PM Request an Extension of Time for Code Enforcement - Miami s ubmission co plate This is your receipt number: 2407 Let's Begin What is your relationship to the I am authorized legal counselfor property? the owner. Not Eligible to Request Hearing Necessary Power of Attorney We need to know a couple of things What is your name? Javier Fernandez What is your phone number? 3053771000 What is your email address? jfernandez@smgqlaw.com If currently available, upload Site Feedback https://www.miamigov,com/Forms/Request-an-Extension-of-Time-for-Code-Enforcement-FORM 2/4 2/23/23, 12:50 PM Request an Extension of Time for Code Enforcement - Mlarni notarized Power of Attorney or other certified documentation to support legal standing in Portable Document Format (PDF). Who is the Power of Attorney or person with legal standing that will be present at hearing? What is the name of your Law SMGQ Law Firm? We need to locate your case What is your code enforcement 00015251 case number? (e.g. CE2018000000). ENTER ONLY ONE CASE NUMBER PER SUBMISSION. Please reenter your code enforcement case number to ensure accuracy. 00015251 Enter the address of the subject 7751 NW 2 AV property. Digital Signature and Submission Site Feedback https://www.miamigov.com/Forms/Request-an-Extension-of-Time-for-Code-Enforcement-FORM 3/4 2/23/23, 12:50 PM Request an Extension of Time for Code Enforcement - Miami Please type your full name here Javier E. FernandeZ and sign below. https://www.miamlgov.com/Forms/Request-an-Extension-of-Time-for-Code-Enforcement-FORM 4/4 EXHIBIT E From: To: Subject: Date: Attachments: Javier Fernandez Alexandra Cimo Fwd: Extension of Time Request- Amsdell Storage Ventures 64, LLC Tuesday, April 18, 2023 10:53:10 AM jmage002.onq Sent from my iPhone Begin forwarded message: From: "Sanchez, Alek" <A1ekSanchez@mialnigov.com> Date: April 18, 2023 at 10:28:53 AM EDT To: Javier Fernandez <jfemandez@smgglaw.com> Cc: Hearing Board department <HearingBoardDL@miamigov.com> Subject: FW: Extension of Time Request- Amsdell Storage Ventures 64, LLC You don't often get email from aleksanchez@miar igov.com. Learn why this is invortani Good morning Javier, Please be advised, you request to schedule a new Extension of Time hearing has been accepted. Please submit a new request online via the link below so that I may process and have your case scheduled. Request an Extension of Time Hearing for Code Enforcement. Case - Miami Best, ALEKSANDER SANCHEZ Hearing Boards Specialist I Planning Department 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130 Phone: (305) 416-1423 For Hearing Boards -related inquiries visit us pang For Planning ePlan inquiries: eplanpzPmiamigov,com To learn more about All Things ePlan, visit our website here Join us at a training event, view and register for a class on Eventbrite. Subscribe to our Youtube channel to view training video. Useful Links Hearing Boards Office Permitting Forms & Documents Request a Hearing for a Planning or Zoning Application From: Javier Fernandez <jfernandez@smgqlaw.com> Sent: Monday, April 17, 2023 10:20 AM To: Zamora, Olga <Q,,ZamoraCa>miamigov.com> Cc: Alexandra Cimo <acimoPsmgglaw.com> Subject: FW: Extension of Time Request- Amsdell Storage Ventures 64, LLC CAUTION This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Olga: My apologies for the prior e-mail. It appears that a notice was generated and sent to me via e-mail. Unfortunately, since it was from a new e-mail, it appears to have ended up in my spam folder. Would it be possible for us to be rescheduled before the board to ask for more time at this juncture? Please let me know. Sincerely, Javier JAVIER E. FERNANDEZ, ESQ. A''P RNZYs .91M'GQLAw<c€M SANCLIEZ-MEDINIA, GONZALEZ, QtJ .t 1 A. L.AOE, GOMEZ & MACHADO LLP 1200 Brickell Avenue I Suite 950 I Miami, Florida 33131 Office: 305.377.1000 Ext. 116 I Cell: 305.761.2274 jfernandez@s gqlaw cam I QT.AW yarn From: Javier Fernandez Sent: Monday, April 17, 2023 10:05 AM To: ozamoraltmiamigov,com Cc: Alexandra Cimo <.acimo(smggl[aw.com.>; eecom Subject: FW: Extension of Time Request- Amsdell Storage Ventures 64, LLC Olga: Good morning. I trust this e-mail finds you well. Back on 2/23/2023, we processed the attached extension of time request for Code Enforcement Case No. 00015251 for a property located at 7751 N.W. 2nd Avenue. The property is presently the subject of a Warrant application that is (hopefully) nearing completion and for which we require additional time. As of this writing, we have not received a hearing date for the extension request. After e- mailing Carlos Campana with a follow-up request, we attempted to call him this morning to learn that he is retired. Whom on your staff can we contact regarding this matter so we can get a hearing date confirmed? We appreciate your immediate assistance with this request. I have copied the code inspector, Eric Encinosa, so that he is aware of our prior request. Sincerely, Javier JAVIER E. FERNA.NDEZ, ESQ. ATTORNEYS AV‘ccom SAINCH EE INA.. NZALE — QUESAI A. LAGE„ cZ MACHADO LEP 1200 Brickell Avenue I Suite 950 I Miami, Florida 33131 Office: 305.377.1000 Ext. 116 I Cell: 305.761.2274 z@ m 1 I SMGQLAW.com From: Alexandra Cimo <acimo(lDsmgglaw.corn> Sent: Friday, March 24, 2023 10:31 AM To: Campana, Carlos <, C:,ampanaCmiamigov.com> Cc: Javier Fernandez <j± jaaadezc5 smgglaw.corn> Subject: Extension of Time Request- Amsdell Storage Ventures 64, LLC Good morning, Mr. Campana: On February 23rd, I filled out the attached request form for an extension of time for our Client. We have not received a hearing date yet. I wanted to ensure that our request was processed. Your assistance with this matter is greatly appreciated. Thank you, Alexandra ALEXANDRA F. CIMO, ESQ. $ANCHEZ-M OINA, c ONZALEZ, OUE a , LAG E GOME; &t MACHM O LLP 1200 Brickell Avenue I Suite 950 J Miami, Florida 33131. Office: 305.377.1000 I Fax: 855.327.0391 osimo@snngglaw.coln I ,MGOI,AW.co