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HomeMy WebLinkAboutBack-Up DocumentsF li.ng # 200666636 E-Filed 06/17/2024 10:13:45 AM El IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADS COUNTY, FLORIDA, El IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. DIVISION 0 CIVIL Q DISTRICTS El OTHER PLAINTIFF(S) 3618 Holdings Development, LLC THE STATE OF FLORIDA: To Each sheriff of the State: YOU ARE COMMANDED to serve this sum defendant(s): _Mayor Francis Suarez City of Miami SUMMONS 20 DAY CORPORATE SERVICE (a) GENERAL FORMS VS. DEFENDANT($) City of Miami 1Qn BA nd copy of the complaint or petition in this eotion on 3500 Pan American Drive, 2nd Floor Miami, Florid Each defendant is required to serve written defense to the complaint orr petition on Plaintiffs Attorney: Alexandra F. Cirme and Javier E. Fernandez whose address is: SMGQ Law 201 Alhambra Circle, Suite 1205 Coral Gables, Florida 33134 CASE NUMBER 2024-011085-CA-01 within 20 days " Exce t when suit Is brcu ht a suant to s. 68.28 Flr ride Statutes if he State of Florida, one of its agenci 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 brougiht 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.•o0g1l. of the. defenses with the Clerk of this Clerk Court either before servo on Plaintiff's attorney of immediately thereafter. If a dorms an' �is'n 10 so, a default will be entered against that defendant for the relief demanded in the complaint or petition, JUAN FERNANDEZ-SARQUIN CLERK OF THE COURT AND COMPTROLLER MIAMI.DADE COUNTY CIRCUIT AND COUNTY COURTS I BY: 084 �.... DEPUTY CLERK AMERICANS WITH DISABILITIES ACT OF 1990 ADA NOTICE you are a person with a disability who needs any accommodation its order to ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain tancea Please contact Aliean Simpkins, the Eleventh Judicial Circuit Court's A'DA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW lyt Avenue, Suite 2400, html, FL 33128; Telephone (305) 349'7175; TDD (305) 349-71.74, Email FDA a)r:d 11 courts g, or via Fax at (305) 349-7355, at least seven (7) days before your eduled 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." DATE 6/21/2024 CLK/CT, 314 Rev. 06/23 OE rk's web address: mian,idade :.lark. Filing # 200614804 E-Filed 06/14/2024 04:48:33 PM 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 3618 Holdings Development LLC Plaintiff Case # 2024-11085 Judge vs. City of Miami Defendant 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 El $8,001 - $30,000 ❑ $30,001- $50,000 El $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 D Auto negligence ❑ Negligence —other ❑ Business governance ❑ Business torts ❑ Environmental/Toxic tort El 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 El Professional malpractice ❑ Malpractice —business O Malpractice —medical ❑ Malpractice —other professional ❑ Other ❑ Antitrust/Trade regulation ❑ Business transactions ❑ Constitutional challenge statute or ordinance O Constitutional challenge —proposed amendment ❑ Corporate trusts 0 Discrimination —employment or other O Insurance claims ❑ Intellectual property 0 Libel/Slander ❑ Shareholder derivative action ❑ Securities litigation ❑ Trade secrets O Trust litigation COUNTY CIVIL ❑ Small Claims up to $8,000 ❑ Civil ❑ Real property/Mortgage foreclosure 2 ❑ Replevins ❑ Evictions O Residential Evictions O Non-residential Evictions 0 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 El IV. REMEDIES SOUGHT (check all that apply): O Monetary; • Nonmonetary declaratory or injunctive relief; O Punitive V. NUMBER OF CAUSES OF ACTION: [ ] (Specify) 1 VI. IS THIS CASE A CLASS ACTION LAWSUIT? ❑ yes © no VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? © 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 Fla. Bar # 1032738 Attorney or party (Bar # if attorney) Alexandra Francesca Cimo 06/14/2024 (type or print name) Date _3_ Filing # 200614804 E-Filed 06/14/2024 04:48:33 PM IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 2024-11085 3618 Holdings Development LLC, a Florida limited liability company Plaintiff, v. CITY OF MIAMI, Defendant. COMPLAINT TO QUIET TITLE 3618 Holdings Development 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 is the prior owner of the real property located in Miami -Dade County, Florida, which property is at issue in this dispute. 3. Plaintiff has standing to bring this lawsuit against the City by virtue of that certain Amendment to the Escrow Agreement dated May 20, 2024 between Plaintiff, Ashton Commons, LLC, and Cnergy Title Escrow, LLC. A true and correct copy is attached hereto as Exhibit A. 4. Defendant is a municipal corporation and subdivision under the laws of the State of Florida and is located in Miami -Dade County. 5. 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. 6. This Court has subject matter jurisdiction over this action pursuant to FLA. STAT. §26.012(2)(g). GENERAL ALLEGATIONS 7. On March 4, 2020, Plaintiff purchased the property located at 3618 SW 16th Terrace, Miami, Florida (the "Property"), which is legally described as: Lot 25, less the North 8.5 feet, Davis Citrus Farms, according to the map or plat thereof as recorded in Plat Book 4, Page 66, Public Records of Miami -Dade County. 8. Plaintiff was the owner of the Property by virtue of that certain Special Warranty Deed dated March 4, 2020, and recorded on March 15, 2020, at Book 31918, Pages 243, in the Public Records in and for Miami -Dade County, attached hereto as Exhibit B. 9. On August 22, 2022, Plaintiff contracted NA Land Inc., to permit, demolish, and perform work of the Property. NA Land, Inc. was going to perform work and pull permit for all work. 10. On September 7, 2022, NA Land, Inc. began demolishing the structures on the Property without a permit and without Plaintiff's knowledge. 11. On September 7, 2022, NA Land, Inc. also applied for the demolition permit (BD22-021972-001) (the "Demolition Permit"). 12. On September 12, 2022, NA Land, Inc. cleared the Property of any debris after the demolition. 13. NA Land, Inc. assured Plaintiff that the Demolition Permit would be procured. 14. In between September of 2022 and April of 2023, NA Land, Inc., without Plaintiff's knowledge or authorization, placed debris and trash from other projects, stored miscellaneous materials, and illegally parked commercial vehicles on the Property. 15. On April 14, 2023, the City issues to Plaintiff a Notice of Violation for violating the following laws, including: (i) 2104- Work perfoiiiied without a permit and/or permit not finalized. City Code SEC 10-3 (FBC 104, 105) Miami 21 section 7.1.2; (ii) 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 (iii) 2108- Outside Storage of Miscellaneous materials, equipment, debris, and/or off-street parking or loading area used for storage of materials or supplies..City Code Sec. 22-116, Miami 21 section 3.6.3(e); and (iv) 2103- (Regally parking commercial vehicle and/or trailer in a residential zone..Miami 21 Article 3 SEC 3.6.3(f) (the Violations")(Case Number: 00044865). 16. The Notice of Violation requests that Plaintiff correct the Violations by April 28, 2023. A true and correct copy of the Notice of Violation is attached hereto as Exhibit C. 17. The registered agent claims to have never received the Notice of Violation and therefore the Plaintiff was never made aware of it. 18. Through its general contractor, Plaintiff advises NA Land, Inc. that a demolitin permit needs to be procured and that the Property needs to be cleared of any trash and illegal vehicles to avoid any issues with Defendant. 19. Plaintiff is repeatedly assured that NA Land, Inc. is handling any issues with the Property arising out of NA Land, Inc.'s work. 20. On May 3, 2023, Plaintiff receives a Notice of Violation Summons to Appear -Sum ("Summons") for the Violations for a June 7, 2023, hearing date. A copy of the Summons is attached hereto as Exhibit D. 21. While Summons was mailed to the correct registered agent for Plaintiff, Plaintiff does not appear at the June 7, 2023 hearing as the registered agent never advised Plaintiff of the hearing claiming that registered agent never saw the Summons. 22. At the June 7, 2023 hearing, Plaintiff is found guilty of the Violations and the Final Administrative Enforcement Notice was entered, ordering Plaintiff to correct the Violations by June 12, 2023 ("FEO"). Failure to comply would result in a daily fine of $1,000.00 (the "Daily Fine"). A true and correct copy of the FEO is attached hereto as Exhibit E. 23. Plaintiff is living between Texas and Florida; and therefore, had not been frequently checking in on the Property. 24. In August of 2023, Plaintiff drives by the Property and sees the trash, debris, and illegal commercial vehicles are still on the Property. 25. In order to avoid any issues with Code Enforcement, Plaintiff immediately reaches out to NA Land, Inc. regarding the condition of the Property and NA Land, Inc. assures that the Property will be cleared, and a demolition permit will be pulled. 26. During this time, Plaintiff is unaware that a hearing occurred regarding the Violations or that the FEO of the Daily Fine. 27. As it becomes apparent that NA Land, Inc. has failed to make any progress on finalizing the Demolition Permit, Plaintiff engaged CGC Construction Group LLC ("CGC") for assistance. 28. Plaintiff and CGC begin conversations with Defendant to clear out the Violations and bring Property into compliance. However, during those conversations Plaintiff is not advised by Defendant of the accruement of the Daily Fines. 29. Plaintiff is going through a divorce and as a result, places the Property for sale in the fall of 2023. 30. Plaintiff goes under contract with Ashton Commons, LLC (the "Buyer") and CGC clears the lot of all debris and trash left over from NA Land, Inc.'s work. 31. On November 7, 2023, Plaintiff sold the Property to Buyer and enters into that certain Escrow Agreement dated as of November 7, 2023, attached hereto as Exhibit F. 32. In between November 7, 2023 and April of 2024, Buyer becomes aware of the Daily Fines after running a lien search on the Propeerty. 33. On December 13, 2023, Plaintiff, through CGC was issued the Demolition Permit. 34. Within 2 weeks from the issuance of the Demolition Permit, CGC schedules all of the inspections. 35. On January 22, 2024, the last department —Unsafe Structures signs off on the Demolition Permit. 36. On January 23, 2024, Plaintiff received an Affidavit of Compliance issued by Inspector Vanessa Pino affirming that Case Number 00044865 had been complied with. A true and correct copy of the Affidavit of Compliance is attached hereto as Exhibit G. 37. 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. 38. The City maintains that Plaintiff is not exempt under Section 2-817(d)(4) of the City's Code. 39. A lien in the amount of $225,000.00 exists on the Property. 40. 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. 41. All conditions precedent have been completed before the fling of this cause of action. COUNT I - QUIET TITLE (the Property) 42. Plaintiff incorporates and realleges the allegations in paragraphs 1 through 41 are incorporated as if set forth fully herein. 43. This is an action to quiet title pursuant to FLA. STAT. §§65.021 and65.061. 44. Plaintiff incorporates and realleges the allegations in paragraphs 1 through 21 are incorporated as if set forth fully herein. 45. The Final Administrative Order imposed a lien on the Property. 46. Defendant may claim an adverse interest in the Property by virtue of the aforementioned lien. 47. 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. 48. 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. 49. 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 1ezi)sxtgglay,,,,a. By: /s/ Alexandra F. Cimo, Esq. Alexandra F. Cimo, Esq. Florida Bar No. 1032738 Javier E. Fernandez, Esq. Florida Bar No. 76883 EXHIBIT A VI.ItmOtvis Citvtr,uptriv. r i Jo/ WU.Ia411r4rprr-01.1ri•Cay{tpK41,.fc.i4 AMENDMF ,; ,ESCROW AGAR This Amendment to the certain Escrow Agreement (the 'Amendment") is dated as of May 2024, by and between 3618 Holdings Development LLC, a Florida limited liability company ("Settee); Ashton Commons LI C S a Florida Limited liability company.("Buyer"), and energy "Title and E crow, LLC ("Est'row Agent") (colleetively, the "Parties" or individually, a "Party"). WHEREAS, the Parties executed an Escrow Agreement (the 'Agreement") on the November it, 2023, in connection with the sale of a property located at 3618 S.W. 10 "terrace, Miami, FL 33145 (the "Property"); and WHERM$, the Seller and Buyer dosed on the sale of the Property thereafter on the same day (the "Closing Date"); and WHEREAS, the Agreement required Seller to: (I) deposit and Seller thereafter deposited the sum of Twenty. Thousand and 00/100 PoIlara ($24400,001 Stile ".'initial. Deposit"') with Esctsrw Agent for the purpose of satisfying those certain code enforcement liens recorded against the property in Official Records Book 33741 at :Page 1182 and Official Records Book 33753 at Page 1555 (the "Liens"); and .(ii) procure the satisfaction of Liens within 180 days of the Closing Date or no later than May 5, 2024 (the "Compliance Deadline"); and iri EitliAS, Seller was tillable to procure the satisfaction of the Liens by the Compliance Deadline and the Parties wish to allows Seller additional time to perform pursuant to the terms outlined hereinbe;aw. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Agreement is hereby atnettided and the Parties hereto do hereby agree as follows:: 1. Real*. The Recitals to this Amendment"are true and correct and incarptrr tied herein by reference and made a part hereof. 2. Escrow Depo9 t„ Seller hereby agrees to remit to Escrow Agent the additional sum of 'IWenty ;l'hausand and t1U 1t10 D l t ti.tltxi:ti(11 ("Second Deposit") to supplement the Initial Deposit (collectively, the "Escrow Deposit"), to further azure Buyer of Seller's financial ability to underwrite the discharge of the Liens, BettgAlitg. Buyer has advised Seller that it has incurred or anticipates incurring additional carrying costs due toSeller's failure to discharge the Liens by the Compliance Deadline, Seller and Buyer hereby direct Escrow Agent to release the sum of Seven 'thousand and N 1Q0 Dollars ($7,000.00) to Buyer from the Escrow Deposit, 4. i$i i • ,JJ. . Seller and Buyer hereby agree that Buyer shall be allowed an additional ninety (90) days from the date of this Amendment to discharge the Liens. 5, ?hinges tic Ratification- Except as mudifted by this Amendment, the Agreetnntand all the covenants, agreements, terms, provisions, and conditions thereof not modified herein shall remain in full fort and effect and are hereby ratified and. affirmed. The parties agree that this Amendment 08 uuwaf+ylf-ki. Imgmate iW. rettr tor Mu* Iopk.$4I $ •aur 1.*976Ct+tst C*)1 eortstitut s the full and complete understanding of the parties with resPect to desired modifications to the Agreement. Except as specifically modified herein, all of the terms and provisions of this Agreement, as modified by this Ame3ndment, are ratified, reaffirmed, and shall remain in full force and effect.. [SIGNATURE PAGIGS TO FOLLOW) LJMUOVII CUM:IWO NU.r#iL'army« irisaLkAirtir.ow PNIOVOCtA...1C44.111 IN wrrNim hereof the parties have executed, this Arnendm t as of the date first above written - BUYER Mht011031111110118 LLC, a Florida limited liability company 'Dalt sigrci: iAoLiAtc, akbeld-tqx„ Hy.:0,4 201 • ..9.• Att*.a. Byl Francis 13,eracha Its: Manager SFLLER 3618 floldinga Development LLC., a Florida limited liability company aggillartedtv c PoutoOtio Rirripurvcsuo.... By: Rodney Martinez Its: Sole Managing liiiernber ESCROW AGENT Cnersy Title and Escrow, LLC, a Florida limited liability company -71,6,11e By; Its; EXHIBIT B PrP RANO ay; Thomas G. Sherman, Esq. Thomas G. Sherman, P.A, 90 Almeria Avenue Coral Gables, FL 33134 Record and return to: Carlos Garcia, Esq. Carlos Garcia P.A., 500 South Dixie Hwy. Suite 202- coral Gables, Florida 33146 Property Appraisers Parcel Identification (Folio) Number 01-4109-029-0430 CFN 20220213270 BOOK 33068 PAGE 22 DATE.03/15/2022 11:28:43 AM DEED DOC 4,860.00 SURTAX 3,645 00 HARVEY RUVIN, CLERK OF COURT, !WA-DADE CTY SPACAROVIT. TIIIS LINE: MR RECORDING DATA WARRANTY DEEO THIS WARRANTY DEED made this (lday of March, 20'22 A.D. by EPSA 3618 LLC, a Florida limited liability company, whose post address is 135 San Lorenzo Avenue, Suite # 860, Coral Gables, FL 33146, ("the Grantor") to 3618 HOLDINGS DEVELOPMENT LLC, a Florida limited liability company whose post address is; 4390 SW 74th Avenue, Miami, FL 33133, (the "Grantee"): (Whenever used herein the term "Grantor" and "Cr.r0,7tee all the parties to this instrument and the heirs, legal representatives and assigns qf individuals,. and the successors and ctssigns qicorporations) \VITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10,00) and other good and valuable consideration to Grantor in band paid by Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the said Grantee and Grantee's heirs, successors and assigns forever, all of that certain land, situate, lying and being in the County of Miami -Dade, State of Florida to wit: Lot 25, less the North 8.5 feet, Davis Citrus Farms, according to the mai or plat ereof as recorded in Plat Book 4, Page 66, Public Records of Miami -Dade County, Florida. This conveyance is made subject to the following: 1. Easements, rights of way, limitations, reservations,covenants and restrictionsof records, if any, which are not hereby being re -imposed; 2. Zoning or other regulatory laws and ordinances affecting the land, if any. TOGETHE,,R with all the tenemens, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee si nple forever, WatTanty Deed CFN: 20220213270 BOOK 33068 PAGE 23 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 or all encumbrances except taxes accruing subsequent to December 31, 2021. N WITNESS WHEREOF, the said Grantor Ins signed and sealed these presents ibe day and year first abo e vritten. Sgn d, sealed ixeLd in our p EPSA 3618 LEX, a Florida limited ]iabil cornpa By: Fraud STAT OF FLORIDA COUNTY OF MIAMI-DADE ager The foregoi nstrument was acknowledged before me by means of(physical presence or 0 online notar izai t on, this J clay of March, 2022 by FRANCISCO S1MAN, as Manager of EPSA 3618 LL,C, a Florida limited liability company, on behalf of the Company, who k. is -Personally Known or Produced as Id enti fi cation. 44.1,,inewt‘enk, , Ithafitt 0.(21,15 m SOTOICNGO tit: • St.p.ze 07. Fr!orlaa ' i,Adca• g.• G 2445.16 Ex;;!rin 1 2‘ 202 Warranty Deed gblie - State of Florida) (Print, Typ , or Stamp COMMISS EXHIBIT C Apr 14, 2023 Case Number; 00044865 3618 HOLDINGS DEVELOPMENT LLC 4390 SW 74 AVE MIAMI FL 33133 3618 HOLDINGS DEVELOPMENT LLC 4390 SW 74 AVE MIAMI FL 33133 3618 SW I6TH TER Folio: 0141090290430 NOTICE OF VIOLATION POTENTIAL PROPERTY LIEN— NOV Subject Property: 3618 SW 16TH TER Folio: 0141090290430 Dear 3618 HOLDINGS DEVELOPMENT LLC: You are notified that an inspection of the above property discloses that you are in violation of the following laws, including 2104 - Work performed without a permit and/or permit not finalized,. City Code SEC 1.0-3 (FBC 104, 105), Miami 21 section 7.1.2 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 2108 - Outside Storage of Miscellaneous materials, equipment, debris and/or off-street parking or loading area used for storage of materials or supplies.. City Code - Sec. 22-1 16, Miami 21 section 3.6.3(e) 2103 - Illegally parking commercial vehicle and/or trailer in a residential zone.. Miami 21 Article 3 SEC 3.6.3 (f) Must obtain after the fact permits for the demolition and chain link fence. Lot must be maintained clean and free of debris, grass on the lot and swale must be kept cut. Misc. tires, rock piles, etc.must be removed from the lot as well as the commercial trucks/equipment. You are directed to correct said violation(s) by Apr 28, 2023 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. It you are found guilty and fail to correct said violation(s), the Code Enforcement Board can impose tines of up to $250.00 per day for residential/homestead or up to $1000.00 per day for commercial/non-homestead properties. If it is a repeat violator fines may be up to $500.00 per day for residential/homestead or up to $5000.00 per day for commercial/non-homestead properties for each day the violation(s) remains uncorrected beyond the time period provided. Unpaid fines 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 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. Name of Inspector; Vanessa Pino Office Address: 444 Southwest 2nd Avenue, 7th Floor. Miami, FL. 33130 Office Phone Number: (305) 416-2087 Cell Phone Number: (786) 696-0479 Email: vpino@miamigov.com If you have any questions, please contact the inspector at the above listed office phone number Monday to Friday. Vanessa Pino City of Miami Code Enforcement Inspector CC: CARLOS GARCIA, P.A. (Registered Agent) EXHIBIT D May 3, 2023 THE CITY OF MIAMI vs. 3618 HOLDINGS DEVELOPMENT LLC 4390 SW 74 AVE MIAMI FL 33133 3618 HOLDINGS DEVELOPMENT LLC 4390 SW 74 AVE MIAMI FL 33133 Subject Property: 3618 SW I6TH TER Folio: 0141090290430 CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case Number: 00044865 Address: 3618 SW 16TH TER Zoning: 32 Folio: 0141090290430 Legal: DAVIS CITRUS FARMS PB 4-66 LOT 25 LESS N 8 5FT FOR ST LOT SIZE 86.000 .Y 223 OR 16242-2070 0294 4 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 2104 - Work performed without a permit and/or permit not finalized.. City Code SEC 10-3 (FBC 104, 105), Miami 21 section 7.1.2 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 2108 - Outside Storage of Miscellaneous materials, equipment, debris and/or off-street parking or loading area used for storage of materials or supplies.. City Code- Sec, 22-116, Miami 21 section 3.6.3(e) 2103 - Illegally parking commercial vehicle and/or trailer in a residential zone.. Miami 21 Article 3 SEC 3.6.3 (f) Violation Corrections Required: * Must obtain after the fact permits for the demolition and chain link fence. Lot must be maintained clean and free of debris, grass on the lot and swale must be kept cut. Misc. tires, rock piles., etc.inust be removed from the lot as well as the commercial trucks/equipment. You were directed to correct said violation(s) by Apr 28, 2023 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: Jun 7, 2023. Time: 5:00 PM Place: Miami City Hall. 3500 Pan American Dr, Miami, FL 33133 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 clays 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 OF UP TO $250.00 PER DAY FOR RESIDENTIAL/HOMESTEAD OR UP TO $1000..00 PER DAY FOR COMMERCIAL/NONHOMESTEAD PROPERTIES. IF IT IS A REPEAT VIOLATOR FINES MAY BE UP TO $500.00 PER DAY FOR RESIDENTIAL/HOMESTEAD OR UP TO $5000.00 PER DAY FOR COMMERCIAL/NON-HOMESTEAD PROPERTIES. 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 tinder 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 CUMPARECE, LA VISTA DE ESTA CAUSA SE CELEBRARA EN SU AUSENCIA. SI SE DETERMINA QUE ES CULPABLE Y NO SUBSANA DIC:HA INFRACCION, LA JUNTA DE CUMPLIMIENTO DEL CODIGO PODRA IMPONERLE MULTAS DE HASTA $250.00 DIARIOS PARA PROPIEDADES RESIDENCIAL/HOMESTEAD 0 HASTA $1000.00 DIARIOS PARA PROPIEDADES COMERCIALES/SIN HOMESTEAD. SI ES UN INFRACTOR REINCIDENTE LAS MULTAS PUDIERAN SER DE HASTA $500.00 DIARIOS PARA PROPIEDADES RESIDENC1AL/HOMESTEAD 0 HASTA $5000.00 DIARIOS PARA PROPIEDADES COMERCIALES/SIN HOMESTEAD. 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 PIIBLICO 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 esten situados en la propiedad. Las leyes estatales y nlunicipales disponen que es iliclto 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 SE AVI OU POU PARET NAN LE AK KOTE SA A. SI W PA PARET, PROCE A AP PET NAN ABANS OU. SI YO JWENN OU KOUPAB E OU PA KORIJE VYOLASYON YO, TRIBUNAL KOD LA: ka enloze amann jiska $250.00 pa jou pou rezidansyel oswa jiska $1000.00 pa jou pou pwopriyete komesyal/ki pa rezidansyel. Si se yon vyolate ki repete minin vyolasyon a, amann yo ka rive jiska $500.00 pa jou pou rezidans/kay prive oswa jiska $5000.00 pa jou pou pwopriyete komesyal/ki pa gen yon kay prive. AMAN KI PA PEYE YO PRAL VIN ON PENALITE POU PWOPRIYETE SA A AK TOUT LOT PWOPRIYETE OU POSEDE, EPI YO PRAL ANREGISTRE NAN DOSYE PUBLIK MIAMI-DADE, FLORID. LAJAN KI PA PEYE PASE TWA (3) MWA KA FE LETA SEZI. PWOPRIYETE A NAN TRIBUNAL. Anplis de sa, Setifika Itilizasyon ak Lisans Okipasyonel nenpbt biznis ki sou pwopriyete sa a ka bloke oswa anile . Ouve yon biznis san okinn Lisans obligatwa ilegal dapre lwa leta ak vil la, pinisyon yo ka arestasyon kriminel ak/oswa femen biznis la. Name of Inspector: Vanessa Pino Office Address: 444 Southwest 2nd Avenue, 7th Floor. Miami, FL. 33 130 Office Phone Number: (305) 416-2087 Cell Phone Number: (786) 696-0.479 Email: vpino@rniamigov.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: Vanessa Pino City of Miami Code Enforcement Inspector EXHIBIT E 044; THE CM OF MINK FLORIDA CODE ENFORCEivfENF BOARD V S 3618 HOLDINGS DEVELOPMENT LLC 4390 SW 74 AVE MIAMI 14. :53133 Tomb. GEN: 20230413499 BOOK 33753 PAGE 1555 DATE:06120/2023 0922:40 AM JUAN FERNANDEZ-BARQUIN CLERK OF THE COURT & COMPTROLLER MEAMI-DADE COUNTY, FL C17/2IT3 Ca4Ntuthei: CON4865 Addtmk. 3618 ENV h3TH TER Fblia 0141M0210130 Legal Dakqiptionof the Puiperty. DAVIS CITRUS BARNS PI3 466 LOT 25 LESS N 8,5TT 11 85000X 223 OR 18412070 02944 FINAL ADMINISTRATIVE .ENFORCEMENT N < <C — FE0 R sr LOT SIZE The Code Enfomen Bowl has found you gAity of violating the foilmvinglao 2101 - Wolk petfonned without a parnit entIor paintt not &din& (ay Code SEC 10-3 (EEC IOL 105), Miami 21 section 7.1.2 2180 - Foam to niiintlin lot in a sak datum -dhoti: not alloWng wan -notation of &hist hor dare growth ofgrass. at), Code Section 22-116,, 117, 118 2108 Outside Stotage of Mseallaneousimbilals, equipment, debtis andioroff-stuffet. peaking orloading area used foi stomgo of inatiaials or supplies.. City Code - S. 22-116. Miami 21 section a 6.3(e) 2103 - Illegally *dug cormenlal vehideatTlfor trailer in a iesidiaitial =la. Mimi 21 Article 3 SEC 3.63 (f) You am heieby miffed tt) contact said videbion ty jun 12, 2023. If you fail to conviy Iv said daip, you will theteafterbe fined the sum of $1000.00 per day. It is youriespmMility to ack7i the Inspector inawriately after the violation has been ommoted to obtain al Affidwit of Compliance. Failure to obtain an Affidavit of ConTA lance will rug& nithecontini' ciLtud of the thily This Order shall constitute alien against tie alma nfaetred proawl any other mal oririsonal pope* that you. own meek is recorded. in the Public Reemis of NI&ii-Dade Comity. LIENS THAT REMAIN UNPA1T) FOR (3) MONTHS MAY BE FORECLOSED IN COURT In addition, die Cettifick-to of Use and Oixtvationat Lie of any busimss ocrunthig this plomity my be suspended or withheld Opel:Bang a business without all Dequited liQmses is illegal 4er statft and city law ail is punishalie by aiminai alma and/or clasirig the business, city. of Miami Code .EltoniatEnt BOaitl This is to aatify that the foregoing is a true and cotml cow of the dwunuit on file clit.edj on 7, 20Z3 of tte Cede Enfon3enuit Offici filed and rendeied on jun 7, 2023 in the records of the City of Miami, Heating Bob. fpx Nopartx1 1)17; Otga Zamai Chief of Homing Bowls EXHIBIT F ESCROW AGREEMENT This Escrow Agreement between 3618 Holdings Development LLC, a Florida Limited Liability Company (Seller); Ashton Commons LLC, a Florida Limited Liability Company (Buyer); and Cnergy Title and Escrow, LLC (Escrow Agent) is entered into this -Tel" day of November, 2023, encumbering the sale of the real property located at 3618 SW 16th Terrace Miami, FL 33145. The closing of the real estate will take place on November , 2023 ("Closing Date") at the offices of Cnergy Title and Escrow, LLC, located at 20900 NE 30TH Ave Suite 714 Aventura, FL 33180. For purposes of this agreement, written notification to the parties should be made to the following addresses: Seller: Buyer: Escrow Agent: cwiner@cnergytitle.com Buyer and Seller acknowledge that the Seller has deposited with the Escrow Agent an Escrow deposit of $20,000.00 for the Code enforcement liens and violations listed on the lien search dated 10/18/2023 and Code Enforcement Lien in favor of City of Miami and against 3618 Holdings Development, LLC., recorded in Official Records Book 33741, Page 1183; and Official Records Book 33753, Page 1555. Buyer and Seller agree that the Escrow Deposit is tobe held by Escrow Agent for only 180 calendar days after closing te the time at which the Escrow Agent is hereby directed to disburse the total amount owed to the Buyer. In the event that the amount required to satisfy the above referenced debt is greater than $20,000.00, the seller hereby agrees to pay any difference within 48 hours of written notification. Buyer does hereby agree to indemnify Buyer and Escrow Agent for any losses and/or claims that may arise due to this Escrow Agreement. Seller further agrees that it will reimburse Escrow Agent for any additional fees incurred in procuring the satisfaction of the debt, including but not limited to any estoppel fees, cashier check fee, wire fee, etc... The Agent shall incur no liability to anyone except for acts in bad faith willful misconduct, or gross negligence. All parties excuse and release the Agent for acts done or omitted in good faith. Signed this date: November 2023 Buyer: Ashton Commons LLC, a Florida Limited Liability Company By: Francis Beracha, as manager Seller: 3618 Holdings Development LLC, a Florida Limited Liability Company B : Rodney Agent: ez. as sole managing member Natca,Ca.2eatrepo Cnergy Title and Escrow, LLC ESCROW AGREEMENT This Escrow Agreement between 3618 Holdings Development LLC, a Florida Limited Liability Company (Seller); Ashton Commons LLC, a Florida Limited Liability Company (Buyer); and Cnergy Title and Escrow, LLC (Escrow Agent) is entered into this day of November, 2023, encumbering the sale of the real property located at 3618 SW 16th Terrace Miami, FL 33145. The closing of the real estate will take place on November , 2023 ("Closing Date") at the offices of Cnergy Title and Escrow, LLC, located at 20900 NE 30TH Ave Suite 714 Aventura, FL 33180. For purposes of this agreement, written notification to the parties should be made to the following addresses: Seller: Buyer: Escrow Agent: cwiner@cnergytitle.com Buyer and Seller acknowledge that the Seller has deposited with the Escrow Agent an Escrow deposit of $20,000.00 for the Code enforcement liens and violations listed on the lien search dated 10/18/2023 and Code Enforcement Lien in favor of City of Miami and against 3618 Holdings Development, LLC., recorded in Official Records Book 33741, Page 1183; and Official Records Book 33753, Page 1555. Buyer and Seller agree that the Escrow Deposit is to be held by Escrow Agent for only 180 calendar days after closing date, the time at which the Escrow Agent is hereby directed to disburse the total amount owed to the Buyer. In the event that the amount required to satisfy the above -referenced debt is greater than $20,000.00, the seller hereby agrees to pay any difference within 48 hours of written notification. Buyer does hereby agree to indemnify Buyer and Escrow Agent for any losses and/or claims that may arise due to this Escrow Agreement. Seller further agrees that it will reimburse Escrow Agent for any additional fees incurred in procuring the satisfaction of the debt, including but not limited to any estoppel fees, cashier check fee, wire fee, etc... The Agent shall incur no liability to anyone except for acts in bad faith willful misconduct, or gross negligence. All parties excuse and release the Agent for acts done or omitted in good faith. Signed this date: November 2023 Buyer: Ashton Commons LLC, a Florida Limited Liability Company 137-1.10eira.c/41, y: Francis Beracha, as manager dotloop verified 11 /09/23 1:30 PM EST 041G-2HRD-PMOL-RRNX Seller: 3618 Holdings Development LLC, a Florida Limited Liability Company By: Rodney Martinez. as sole managing member Agent: Naha i,a�2e trepo Cnergy Title and Escrow, LLC EXHIBIT G Jan 23, 2024 CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA THE CITY OF MIAMI vs. 3618 HOLDINGS DEVELOPMENT LLC 4390 SW 74 AVE FL 33133 Tenant: Subject Property: 3618 SW 16 TER Folio: 0141 090290430 1, Vanessa Pino, Inspector for the City of Miami, being duly sworn, deposed and says: 1. On Jan 23, 2024, I conducted an inspection of the property cited for violation(s) in the above -referenced case. 2. The inspection and a review of applicable records indicate that the violation(s) pertaining to this case were corrected on Jan 23, 2024, Case Number; 00044865 Address: 3618 SW 16 TER Hearing Date: Folio: 0141090290430 Legal; DAVIS CITRUS FARMS Pia 4-66 LOT 25 LESS N 8.6FT FOR ST LOT SIZE 86.000 X 223 OR 16242-2070 0294 4 FFIDAVI'1` OF COMPLIANCE AFC Name of inspector; Vanessa Pino Office Address: 444 Southwest 2nd Avenue, 7th Floor. Miami, FL, 33130 Office Phone Number: (305) 416-2087 Cell Phone Number: (786) 696-0479 Email: vpino@miarnigov.com Vanessa Pino Signature of Milani. -Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE ME THIS Jan 23, 2024. 4 r Prnrt Notrsv N3nne Personally know _X or Produced I.D: Type and number ol'LD. produced: Did take an oath or Did not take an oath pry Pubtie State. of j for idn ,,,;,..,,, ; ',CornitiSsieri Expires: ERICA BERMUDEZ Notary Public • State of Fiorioa Commission # HH 246097 o My Comm, Expires Mar 28, 2026 3eneeo through Nattonai Notary Assn,