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HomeMy WebLinkAboutBack-Up DocumentsFiling # 197767913 E-Filed 05/07/2024 11:27:10 AM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA VQ EVERGLADES DEVELOPMENT LLC, a Florida limited liability company Plaintiff v. CITY OF MIAMI, a municipality Defendant Case No.: 2024-8115-CA-01 AMENDED COMPLAINT COMES NOW, VQ EVERGLADES DEVELOPMENT 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 properties that are the subject of this complaint are 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 DEVELOPMENT 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 properties that are the subject of this action is located within Miami -Dade County, Florida and otherwise described as follows: The East 60 feet of Lots 9 and 10, Block B, of Druid Court Second Addition, according to the Plat thereof as recorded in Plat Book 7, Page 3, of the Public Records of Miami -Dade County, Florida. Folio: 01-0203-040-1180 Address: 601 SW 6 Street, Miami, FL 33130 ("Property 1") AND Lots 19 and 20, Block 2 of LAWRENCE ESTATE LAND CO'S SUBDIVISION, according to the Plat thereof as recorded in Plat Book 2, Page 46 of the Public Records of Miami -Dade County, Florida. Folios: 01-4102-005-0260 and 01-4102-005-0250 Address: 1111 NW 6 Street, Miami, FL 33136 and 620 NW 11 Avenue, Miami, FL 33136 (collectively referred to as "Property 2") 7. Plaintiff purchased Property 1 on February 4, 2014, and is the fee simple owner of Property 1. See Exhibit A-1: Warranty Deed. 8. Plaintiff purchased Property 2 on September 30, 2016 and August 16, 2018, and is the fee simple owner of Property 2. See Exhibit A-2: Warranty Deeds. 9. Plaintiff recently performed a title search of Property 1 and Property 2 and discovered that there are violations (CE2017002730, CE2020012472, CE2019007735, and CE2021010865) that accumulated daily fines. The violations have now been resolved or otherwise cured. 10. 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. 11. Plaintiff has been deprived of its due process because it cannot apply for mitigation. 12. The rules imposed by Defendant to apply for mitigation are depriving Plaintiff of its due process. 13. All conditions precedent to the filing of this action have been fulfilled or otherwise waived. herein. A-1. COUNT I — QUIET TITLE (as to Property 1) 14. Plaintiff realleges Paragraphs 1-13, which are incorporated as if fully set forth 15. Plaintiff owns the Property and deraigns title through a Warranty Deed. See Exhibit 16. Defendant may claim an interest in the Property by virtue of the following (recorded in the Official Records of Miami -Dade County, Florida): a. Final Administrative Enforcement Order (CE2020012472) dated March 9, 2021 and recorded in Book 32435, Page 2648. See Exhibit B-1: Final Administrative Enforcement Order; b. Recertification Compliance Agreement (BB2016006998-US6006998) dated November 9, 2021 and recorded in Book 32853, Page 886. See Exhibit B-2: Recertification Compliance Agreement; c. Notice of Unsafe Structure Violation (BB2020012523-US0012523) dated March 2, 2022 and recorded in Book 33058, Page 4299. See Exhibit B-3: Notice of Unsafe Structure Violation; d. Orders of the Unsafe Structures Panel (BB2016006998 & BB2020012523). See Exhibit B-4: Orders of the Unsafe Structures Panel. i. Book 33184, Page 3126 dated May 6, 2022; ii. Book 33184, Page 3332 dated May 6, 2022; iii. Book 33460, Page 13 dated November 4, 2022; iv. Book 33460, Page 20 dated November 4, 2022; and v. Book 33796, Page 187 dated July 7, 2023. e. Trash Citation Lien Solid Waste (SWT0300704); and Violations (SW2021010505 & 00049445). 17. As evidenced by the allegations contained herein, Plaintiff has been deprived of due process. 18. Consequently, Defendant's encumbrances on Plaintiff's Property are unlawful encumbrances and otherwise invalid. 19. 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 Plaintiff's name, and granting any other relief that this Court deems just and proper. herein. A-2. COUNT II — QUIET TITLE (as to Property 2) 20. Plaintiff realleges Paragraphs 1-13, which are incorporated as if fully set forth 21. Plaintiff owns the Property and deraigns title through a Warranty Deed. See Exhibit 22. Defendant may claim an interest in the Property by virtue of the following (recorded in the Official Records of Miami -Dade County, Florida): a. Final Administrative Enforcement Order (CE2019007735) dated November 12, 2019 and recorded in Book 31735, Page 2413. See Exhibit C-1: Final Administrative Enforcement Order; b. Notice of Unsafe Structure Violation (BB2018024273) dated March 4, 2019 and recorded in Book 31354, Page 2992. See Exhibit C-2: Notice of Unsafe Structure Violation; c. Order of the Unsafe Structures Panel (BB2018024273) dated April 12, 2019 and recorded in Book 31404, Page 4683. See Exhibit C-3: Order of the Unsafe Structures Panel; d. Notice of Municipal Special Assessment Lien (BB2015013229) dated September 20, 2023 and recorded in Book 33900, Page 391. See Exhibit C-4: Notice of Municipal Special Assessment Lien; e. Trash Citation Liens (SWT0292267, SWT0292568, SWT0292566, SWT0293311, SWT0295588, SWT0294540, and SWT0293303); Code Enforcement Ticket Lien (TK0300732); Violations (SW2018017367, SW2017005984, SW2018006799, SW2017005988, SW2017013571, and SW2017013648); and Codecheck citations (00067313 and 00065553). 23. As evidenced by the allegations contained herein, Plaintiff has been deprived of due process. 24. Consequently, Defendant' s encumbrances on Plaintiff' s Property are unlawful encumbrances and otherwise invalid. 25. 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 Plaintiff's name, and granting any other relief that this Court deems just and proper. COUNT II — DECLARATORY JUDGMENT 26. Plaintiff realleges Paragraphs 1-12, which are incorporated as if fully set forth herein. 27. "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). 28. 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 Properties. 29. The declaration sought by Plaintiff deals with an ascertained state of facts. 30. The facts stated in this complaint are uncontroverted. 31. The rights of the Plaintiff as to the Properties depend on this Court's interpretation of the of the respective alleged interests in the Properties between Plaintiff and Defendant. 32. Plaintiff and Defendant have an adverse interest in the subject matter. 33. Plaintiff has an interest to remove any encumbrance on Property 1 and Property 2 and Defendant seeks to preserve and or collect on its lien on the Properties. 34. The only parties with an adverse and antagonistic interest as to Property 1 and 2 are Plaintiff and Defendant, both are before this Court. 35. Plaintiff seeks a declaration from this Court that Defendant's interests in Property 1 and 2 are invalid and otherwise unenforceable because of the lack of notice. The declaration sought does not amount to mere legal advice. 36. 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 Property 1 and 2 by virtue of the orders and liens detailed herein are inferior to Plaintiffs interest in the Properties or otherwise invalid and unenforceable; and granting any other relief that this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 7th day of May, 2024, a true and correct copy of the foregoing was mailed to Defendant CITY OF MIAMI at 3500 Pan American Way, Miami, FL 33133. RESPECTFULLY SUBMITTED s/ Sebastian Jaramillo Sebastian Jaramillo, Esq. Florida Bar No. 21743 Perlman, Bajandas, Yevoli & Albright, P.L. Counsel for Plaintiff 283 Catalonia Avenue, Suite 200 Miami, FL 33134 Phone: (305) 377-0086 Fax: (305) 377-0781 sjaramillo@pbyalaw.com Exhibit A-1 Warranty Deed 111111111111111111111111111111111111111111111 THIS INSTRUMENT PREPARED BY AND RETURN TO: ANIBAL J. DUARTE-VIERA, ESQ. TITLE COMPANY OF AMERICA, INC. 3470 N.W. 82ND AVENUE # 988 DORAL, FLORIDA 33122 Property Appraisers Parcel Identification (Folio) Numbers: Parcel 1: 01-0203-040-1180 Parcel 2: 01-0203-040-1181 SPACE ABOVE THIS LINE FOR RECORDING DATA CF1N 20 1 —F c' 1 2 154 OF: Bk 29035 Pas 4861 - 4862; (2v 9 s ) RECORDED 02/19/2014 11:30:35 DEED DOC TAX 37450.00 SURTAX 2:587.50 HARVEY RUVIN: CLERK OF COURT MIAMI-DADE COUNTY: FLORIDA THIS WARRANTY DEED, made the 4 day of February, 2014 by 601 PROPERTY, LLC, A FLORIDA LIMITED LIABILITY COMPANY and 267 PROPERTY, LLC, A FLORLDA LIMITED LIABILITY COMPANY, herein called the grantors, having its principal place of business at 370 MIRACLE MILE , CORAL GABLES FL 33134 to VQ EVERGLADES DEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY whose post office address is 3 O 5e , 3 12a Wit- PHA t'' 1 1 a-,1L, f-11 3- 1 —41, , hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in MIAMI-DADE County, State of Florida, viz.: Parcel 1: 601 S.W. 6TH STREET, MIAMI, FLORIDA 33130 The East 60 feet of Lots 9 and 10, Block B, of Druid Court Second Addition, according to the Plat there of recorded in Plat Book 7, at Page(s) 3, of the Public Records of Miami -Dade County, Florida Parcel 2: 605 S.W. 6TH STREET, MIAMI, FLORIDA 33130 The West 52.5 feet of Lots 9 and 10, Block B, of Druid Court Second Addition, according to the Plat there of recorded in Plat Book 7, at Page(s) 3, of the Public Records of Miami -Dade County, Florida Subject to easements, restrictions and reservations of record and taxes for the year 2014 and thereafter. 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 grantors hereby covenant with said grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant 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, 2013. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: r. Witness #1 Signature FC5A\ Witness #1 Printed Name Witness #2 Signature /'Td),-1/© ! 1( ? tness #2 Printed Name 601 PROPERTY, LLC, A FLORIDA LIMITED LIABILITY COMPANY and 267 PROPERTY, LLC, A FLORIDA L M r IABIL COMPANY By: ANIBAL J. DUARTE-VIERA, AS MANAGER 370 MIRACLE MILE , CORAL GABLES , FL 33134 File No.: A1418485 Book29035/Page4861 CFN#20140125754 Page 1 of 2 OF: 84‹ 2 F•G -4-0tEra' _yjERA;- STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 11 day of February, 2014 by ANIBAL J. DUARTE- R of 601 PROPERTY, LLC, A FLORIDA LIMITED —PROP-RTYLCA RIDA LIMITED LIABILITY COMPANY on behalf of the comp . He/She is personally ELIABILITY ANY—liiicf _,_, known to me or has_ ced as identification. SEAL My Commission Expires: /-02 Notary Signature CD'71°:1 - Peo_v_5 Printed Notary Signature ROSA A. PAZOS = Notary Public - State of Florida IT 47.r. ...I' My Comm. Expires Aug 3c, ti „dtv• Commission # EE 829f 1 A...... ......, ........_ ......._ _,,,... _,S., ........_ AM, AIM. _......_ .,.., ROSA A. PAZOS g • = Notary Public - State of Florida My Comm. Expires Aug 30, 2016 -41s. Commission # EE 829588 File No.: A1418485 Book29035/Page4862 CFN#20140125754 Page 2 of 2 Exhibit A-2 Warranty Deeds Prepared by and return to: Ruben J. Padron, Esq. Attorney at Law Ruben J. Padron, PA 9370 SW 72 Street Suite A266 Miami, FL 33173 305-671-3236 File Number: R16111 Will Call No.: CFN: 20160600852 BOOK 30271 PAGE 2696 DATE:10/18/2016 11:14:01 AM DEED DOC 3,420.00 SURTAX 2,565.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 30th day of September, 2016 between Andres Bolano, Jr., a married man and Maritza F. Bolano, a single woman whose post office address is 124 Paloma Drive, Coral Gables, FL 33143, grantor, and VQ Everglades Development, LLC, a Florida Limited Liability Company whose post office address is 1541 Brickell Avenue, Suite 1507, Miami, FL 33129, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) 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: The South 98 feet of Lot 19 and the East 11 feet of the North 2 feet of the South 100 feet of Lot 19 and the South 100 feet of Lot 20, Block 2 of LAWRENCE ESTATE LAND CO'S SUBDIVISION, according to the Plat thereof as recorded in Plat Book 2, Page 46 of the Public Records of Miami - Dade County, Florida. Parcel Identification Number: 01-4102-005-0260 Grantor Andres Bolano, Jr. warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 124 Paloma Drive, Coral Gables, FL 33143. Subject to taxes for 2016 and subsequent years; covenants, conditions, restrictions, easements, reservations and (imitations of record, if any. Together with all the tenements, hereditarnents 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. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime® CFN: 20160600852 BOOK 30271 PAGE 2697 Signed, sealed" nd delivered in our presence: Witne Witnlrss Namd State of Florida County of Miami -Dade Andres J3clano, Jr. Mari a F. olano (Seal) eal) The foregoing instrument was acknowledged before me this 30th day of September, 2016 by Andres Bolano, Jr., who [j is personally known or [X] has produced a driver's license as identification. Al CL .� [Notary Seal] Maria del C Fenton MY COMv1ISSION 8 FF208294 EXPIRES: March 31, 2019 Virbwavvvoi State of New York County of New York Notaryiublic Printed Name: HA- I- Crj21-6 My Commission Expires: 37317 (c( The foregoing instrument was acknowledged before me this 30th day of September, 2016 by Maritza F. Bolano, who [J is personally known or [X] has produced a driver's license as identification. 6_ [Notary Seal] Nttary Public Printed Name: t Notary Public - State of New York My Commission Expires: NO. 01HA6322238 Qualificd in Queens County 4 My Commission Expires Mar 30, 2019 a a a a r a a s m. a 4. ELIZABETH S HAN Warranty Deed - Page 2 DoubleTime® Prepared by and return to: Lisette Pie Salazar Attorney at Law Lisette Pie Salazar, P.A. 200 Crandon Blvd., Suite 311 Key Biscayne, FL 33149 305-361-6161 File Number: VQ 620 Will Call No.: Parcel Identification No. 01-4102-005-0250 CFN: 20180528057 BOOK 31121 PAGE 1199 DATE:08/30/2018 09:53:55 AM DEED DOC 1,320.00 SURTAX 990.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY (Space AboveTljis Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This indenture made this 16th day of August, 2018 between PIatiio C, Castellano, a single man, Eladio Castellano and Rosanne C. Castellano, husband and wife whose post office address are: ?" t> 5/ of the County of Miami Dade , Slate of Florida , grantor*, and.VQ Everglades Development LLC, a Florida limited liability company whose post office address is 1541 Brickell Ave. f11507, Miami, FL 33129 of the County of Miami -Dade, State of Florida, grantee*, Wittlessetll that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) 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: Lots 19 and 20, Block 2, less the South 100 feet thereof of LAWRENCE ESTATES LAND COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Platt Book 2, Page 46, of the Public Records of Miami -Dade County, Florida. The North 2' of South 100 feet of Lot 19 of Block 2 of LAWRENCE ESTATES LAND COMPANY'S SUBDIVISION less the East 11 feet tlierof, according the Plat thereof, as recorded in Plat Boole 2, Page 46, of the Public Records of Miami -Dade County, Florida. Subject to taxes for 2018 and subsegnent Years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any, and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whounsoever, * "Guintor" and "Grantee" arc used for singular or plural, as context requires. In 'Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DotibleTiin0 CFN: 20180528057 BOOK 31121 PAGE 1200 Signed, sealed and delivered in our presence: Witness Name: es s lame: State of Florida County of Miami -Dade Eladio C. Castellano (Seal) Eladio Castellano Rosanne Castellano (Seal) The foregoing instalment was acknowledged before me this 16th day of August, 201g by Eladio:-::-Castellano;~Eladio Castelland and Rosanne Castellano, who { ] are personally known or [X) have produced a driver's license dentification. .. [Notary Seal] NIURKA MARRERO Notary Pub'd- State ol Florida Commission N C4110911 Foy Comm. Exp res Sep 27, 2021 torrid rhruethrrarcnarkor 1AS91 Notary Printed Naine: U My Commission Expires: Warranty DoubleTLrne° CFN: 20180528057 BOOK 31121 PAGE 1201 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS that ELADIO C. CASTELLANO, whose address is 739 E. 20 Street, Hialeah, Florida, 33013, has made, constituted and appointed, ELADIO CASTELLANO, his son, whose address is 3601 SW 129 Avenue, Miami, Florida 33175 as his true and lawful attorney for and in his name, place and stead to sell and convey, and in this regard, to execute all Contracts of Purchase, Affidavits, Closing Statements, Loan Closing Documents, HUD 1 Closing Statements and deeds with reference to the property legally described as: Lots 19 and 20, Block 2, less the South 100 feet thereof of LAWRENCE ESTATES LAND COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 46, of the Public Records of Miami -Dade County, Florida. The North 2' of South 100 feet of Lot 19 of Block 2, of LAWRENCE ESTATES LAND COMPANY'S SUBDIVISION, less the East 11 feet thereof, according to the Plat thereof, as recorded in Plat Book 2, Page 46, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4102-005-0250 (hereinafter "Property") giving and granting unto ELADIO CASTELLANO said representative full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as it might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that ELADIO CASTELLANO said representative or his substitute shall lawfully do or cause to be done by virtue hereof, including the sale and conve ce o > property fitted WITNESS Printed I*fatne: WITNESS State of Florida )ss: County of Miami -Dade ELADIO C. CASTELLANO The foregoing instrument was acknowledged before me this 02 day of O , 2018 by ELADIO C. CASTELLANO, who [ 1 is personally known or [ `has produced FL. L C 2 3 4 --- 0 -6. as identification. WITNESS my hand and official seal in the County and State aforesaid (SEA ,;.1,1; ARMINDA 17 DARNA fCsState of Florida -Notary Public ▪ "' •= Commission tf GG 223524 , e 4 My Commission Expires "'Jo,fimi+June 15. 2022 Printed me: Notary iblic, State of Florida CFN: 20180528057 BOOK 31121 PAGE 1202 AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared ELADIO CASTELLANO, who stated upon his oath the following: 1. I, ELADIO CASTELLANO, am the son of ELADIO C. CASTELLANO, 2, That ELADIO C. CASTELLANO ("Principal") appointed me as his attorney -in -fact pursuant to the Power of Attorney instrument signed by him on August 2, 2018. 2. That ELADIO C. CASTELLANO is alive, and has not filed for bankruptcy; that there have been no proceedings to determine his incapacity or for the appointment of a guardian; that the power has not been revoked or otherwise terminated; and that the subject property is not the homestead of the principal nor of any member of his family. DATED this 15111 day of August, 2018. State of Florida County of Miami -Dade ) )ss: ) ELADIO CASTELLANO, AFFIANT The foregoing instrument was acknowledged before me this E' day of August, 2018, by ELADIO CASTELLANO, the above Affiant who has provided ltr fl I C:g14 identification. (SEAL) My Commissiofi ;aY'P' ,., NIURKAMARRERO f;\ NotaryPublic- Stateofflorida commission E GG 110411 MyComm. ExpoesSep 27,2021 ^—&AdeSs vihtd+ ocalt yAssn 1 • Printed Name: I\t1 NOTARY PUBLIC, STATE OF FLORIDA Exhibit B-1 Final Administrative Enforcement Order THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. VQ EVERGLADES DEVELOPMENT LLC 1741 W FLAGLER ST MIAMI, FL 33135 33135 Tenant: CFN: 20210239021 BOOK 32435 PAGE 2648 DATE:04/07/2021 09:56:54 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami March 09, 2021 CR: CE2020012472 Case No: CE2020012472 Address: 601 SW 6 ST Folio: 0102030401180 Legal: DRUID COURT 2ND ADDN PB 7-3 E6OFT OF LOTS 9 &10 BLK B LOT SIZE 7200 SQ FT OR 20641-3395 08 2002 3 COC 24558-2548 05 2006 4 Hearing Date: March 04, 2021 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 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 - 2171 FAILURE TO MAINTAIN EXTERIOR OF COMMERCIAL OR RESIDENTIAL PROPERTY. City Code Chapter 10 SEC 10-23 &10-24 You are hereby ordered to correct said violation by March 05, 2021. If you fail to comply by said date, you will thereafter be fined the sum of $500 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 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. 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 Yacmany Salvatierra at Cell Phone Number: (786) 696-0034 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 March 09, 2021 of the Code Enforcement Board. Officially filed and rendered on March 09, 2021 in the records of the City of Miami, Hearing Boards. Prepared by: _ Olga Zamora Deputy Clerk of Hearing Boards Exhibit B-2 Recertification Compliance Agreement Case No.: Case Address: Folio #: Legal Description: Owner's Name: CFN: 20210860621 BOOK 32853 PAGE 886 DATE:11/16/2021 03:22:13 PM CITY OF MIAMI, FLORIDA HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY RECERTIFICATION COMPLIANCE AGREEMENT BB2016006998 601 SW 6 ST 01-0203-040-1180 DRUID COURT 2ND ADDN PB 7-3 E6OFT OF LOTS 9 & 10 BLK B LOT SIZE 7200 SQ FT OR 20641-3395 08 2002 3 COC 24558-2548 05 2006 4 VQ EVERGLADES DEVELOPMENT LLC 1741 W FLAGLER ST MIAMI.FL 33135 This Compliance Agreement (hereinafter the "Agreement"), running with the land, entered into this 91." day of NOVEMBER, 2021, by: VQ EVERGLADES DEVELOPMENT LLC ("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 and recertified in accordance with the provisions of the Florida Building Code, Fire Prevention Code, and all other federal, state, or local codes, as amended; and WHEREAS, the Owner enters into this Agreement in lieu of appearing before the City of Miami Unsafe Structure Panel for a hearing in case BB2016006998; and 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; WHEREAS, no Recertification Agreement will be entered into unless a sealed structural engineering report has been provided by a Florida licensed structural engineer and the report provides the information as provided in Section 3(a), as applicable. 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 admits the Property is in violation of the Code of the City of Miami, Florida, as amended and agrees to: Recertification Compliance Agreement Page 1 of CFN: 20210860621 BOOK 32853 PAGE 887 a. Repair and Recertify the structure(s) located on the Property as follows: (X) Occupied Property 1. The Owner has provided an engineering report by a qualified Florida licensed structural engineer, under seal, stating the Property is not a danger to life or other property and is habitable as it currently exists. This report shall be attached and made part of this Agreement as Exhibit A; and 2. The Owner shall provide a copy of the letter, with proof of service, sent to all residents, leaseholder or tenants of the Property showing they have been noticed of the above Unsafe Structure case and are aware of the engineer's report and the intent to enter into this Agreement. This letter and proof of providing the letter shall be attached and made part of this Agreement as Exhibit B. (_) Unoccupied Property 3. The Owner has provided an engineering report by a qualified Florida licensed structural engineer, under seal, stating that the property is not a danger to life or other property and that is it unoccupied. This report shall be attached and made a part of this Agreement as Exhibit A; and 4. The Owner shall provide proof the Property, as unoccupied, has been fully secured from intrusion and the method used for such securing. This notice shall be attached and made part of this Agreement as Exhibit B. b. The repair and recertification shall proceed as follows: 1. The Owner shall have 30 days to submit a full set of plans to address all building deficiencies submitted by a registered architect or professional engineer in the State of Florida. 2. The Owner shall have and additional 60 days to have the permit(s) issued to begin work to correct the deficiencies. 3. The Owner shall have an additional 90 days to finalize all permit(s) and receive approval from the Building Department that all violations for the above case are in compliance. This compliance also includes payment of any fees and costs owed to the City for this case. 4. No construction, renovation, or alteration work shall be commenced at the Property until such time as the required permits have been issued by the City. Any work commenced that is not approved by the City will void this Agreement and subject the Property and Owner to any penalties as provided for under Section 11. 5. All engineer reports shall be required to be updated every twelve (12) months and provided to the City conforming to the provisions of Section 3(a), as applicable. 6. () Other requirements or provisions. SECTION 4. ACCESS. The Owner hereby agrees to allow staff of the City of Miami Building Department,Unsafe Structures Section or any other relevant inspection Department unrestricted access to the Property for purposes of performing compliance inspections during the pendency of this case. Recertification Compliance Agreement Page 2 of CFN: 20210860621 BOOK 32853 PAGE 888 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. Any willful misrepresentation shall be considered a failure to comply with the terms of the Agreement. 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. Should the Owner sell this Property during the pendency of the Agreement, this Agreement shall be null and void unless the new Owner signs a City approved Addendum prior to the sale. 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: a. An enforcement 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. b. The City may also enforce this Agreement pursuant to Chapter 2, Article X and Chapter 10 of the Code of the City of Miami, Florida, as amended. c. Noncompliance with this Agreement shall result in a revocation of the Certificate of Use pursuant to Section 2-211 of the Code of the City of Miami, Florida, as amended. d. This enforcement provision shall be in addition to any other remedies available under the law and 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 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 14. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Recertification Compliance Agreement Page 3 of CFN: 20210860621 BOOK 32853 PAGE 889 STATE OF F\ 0 A 3. COUNTY OF ‘\/\.\ wl 1 D e Witnesses: Print Name: Signature and Date: Print Name: Signature and Date: Owner: Owner Name: ) ss yAVA'2-11\IA \\AUva GA A ZAP n _ M�i�'NC ► / c0 2.1 VICTOR A. QUEZADA Owner Address: Relationship to Property: Signature and Date: re. (For corporations, the most recent corporate' officer filing or renewal with the State of Florida shall be provided. For condominiums, the most recent election results or document evincing authority to encumber the association shall be provided) The foreg„oii instrument was acknowledged before me by 'v o c }-d 6Z-4 CL A4 . (S)He is ❑ personally known to me or EI has produced \rc e'i se- , as identification. Witness my signature and official seal this `li w day of y'Jtr ,./e v r2021, in the County and State aforesaid. My Commission Expires: 0\) 21-f 2 Notary Public State of i \o v 1 A Gk OSpPY PIi;.�JG CE ORELLANA •�a� .� = Commission # GG 950133 Fir7r :*: .Po Expires January 22, 2024 ,,OP;f`O0PBonded Thru Troy Fain Insurance000.185.70WS • • • • APPROVED AS TO BUILDING REQUIREMENTS: l V Gl .. L. v 1re.. 1\ 9 In c‘ Print Name BUILDING C5FF1C1A17OR-DESIGNEE RENE DIAZ, CHIEF, UNSAFE STRUCTURE DATE: Recertification Compliance Agreement Page 4 of Exhibit B-3 Notice of Unsafe Structure Violation March 02, 2022 VQ EVERGLADES DEVELOPMENT LLC 1741 W FLAGLER ST MIAMI, FL 33135 33135 CFN: 20220200377 BOOK 33058 PAGE 4299 DATE:03/09/2022 01:49:28 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami CR: BB2020012523 NOTICE OF UNSAFE STRUCTURE VIOLATION PENDING MUNICIPAL SPECIAL ASSESSMENT LIEN STATE OF FLORIDA CR: BB2020012523 COUNTY OF MIAMI-DADE Folio: 0102030401180 Lien: US0012523 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: 601 SW 6 ST - DRUID COURT 2ND ADDN PB 7-3 E6OFT OF LOTS 9 &10 BLK B LOT SIZE 7200 SQ FT OR 20641-3395 08 2002 3 COC 24558-2548 05 2006 4 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 declared unsafe and the remedial actions required to correct such violations. This instrument is 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 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) 416-1 177 unsafestructures@miamigov.com Icollections@miamigov.com Exhibit B-4 Orders of the Unsafe Structures Panel City of Miami 444 SW 2nd Avenue Miami, FL 33130 City of Miami ORDER OF THE UNSAFE STRUCTURES PANEL CFN: 20220390048 BOOK 33184 PAGE 3126 DATE:05/12/2022 01:28:41 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY FOR FULL INFORMATION CONCERNING THE DECISION ORDER, PLEASE READ THIS DOCUMENT IN ITS ENTIRETY File Number: 16-03556 Final Action: 05/06/2022 Owner's Name: VQ EVERGLADES DEVELOPMENT, LLC Owner's Mailing Address: 150 SE 25 RD, #PHA, MIAMI, FL 33129 Case #: BB2016006998 RE: 601 SW 6 ST Folio Number: 01-0203-040-1180 Legal Description: E60' OF LOTS 9 & 10, BLOCK B, DRUID COURT 2ND ADDN, PLAT BOOK 7, PAGE 3, MIAMI-DADE COUNTY, FL WHEREAS the above Property, having been found in violation of the Code of the City of Miami, Florida, as amended ("City Code"), the Miami -Dade County Code and/or the Florida Building Code ("FBC") on MAY 6TH, 2022, the City of Miami's Unsafe Structures Panel ("Panel") ORDERS AND ADJUDGES: The Property Structure shall be REPAIRED pursuant to the following timeframe(s): Submit Recertification Report. A. Building '1' (1-STORY, CBS, APARTMENT BUILDING): 1. SUBMISSION OF REPORT: The Recertification Report must be submitted for the structure as per Florida Building Code, Chapter 8 of the Miami -Dade County Code and Chapter 10 of the City Code by a qualified Florida licensed engineer within 30 days from the date of this Order. If repairs are required , the Report shall include an affirmative statement from the qualified Florida licensed engineer as to whether the structure is safe for occupation by tenants and/or residents and that it can remain occupied during repairs. If it is deemed not safe for occupancy in the Report, all occupants shall be removed by the Owner within 24 hours or the City shall take action pursuant to Section 10-101 of the City Code. 2. PLANS: If repairs/permits are required, all plans shall be submitted within 30 days after the expiration of the time period in Section A(1). All plans shall be prepared by a State of Florida Registered Architect or a Professional Engineer or as permitted by the FBC and shall be Signed and Sealed, (or Stamped) by the Design Professional. All plans shall first be submitted to the Unsafe Structures Division for pre -approval for scope of work. 3. PERMITS: All permits shall be issued for the required plans within 90 days after the expiration of the time period provided for in Section A(2). 4. FINALIZATION: All permits, and repairs shall be completed (including all fees and costs paid in full) within 120 days from the expiration of the time provided to submit plans in section A(3). City of Miami Page 1 Printed on 5/6/22 CFN: 20220390048 BOOK 33184 PAGE 3127 Case # :BB2016006998 - Owner's Name: VQ EVERGLADES DEVELOPMi ENFORCEMENT: IF THE TIMEFRAMES PROIVDED IN ANY OF THE SECTIONS ABOVE ARE NOT MET, SAID STRUCTURE CAN BE SUBJECT TO DEMOLTION AFTER A CITY REQUESTED ENFORCEMENT HEARING BEFORE THE PANEL FOR FAILURE OF OWNER AND/OR INTERESETED PARTY TO COMPLY. ONE FORM OF ENFORCEMENT SHALL NOT PRECLUDE THE CITY FROM SEEKING ANY OTHER LEGAL REMEDY ALLOWED BY LAW. EXTENSION OF TIME: Any Owner wishing to extend the Order of the Panel shall be required to file a Motion for Extension of Time pursuant to Section 10-101(m) of the City Code. Any request made after the expiration of the required time period shall not be heard. RECORDATION: This Order will be recorded by the Building Official with the Public Records of Miami -Dade County. This recording will constitute constructive notice to all concerned as well as any subsequent purchaser, that a decision has been rendered by the Panel on the above referenced property. 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 Code and Chapter 8-5 of the Miami -Dade County Code. Likewise, and to avoid additional hazards, the Electrical Service to the Unsafe Structure may be disconnected, as necessary. APPEALS: The City of Miami Unsafe Structures Panel is a Quasi -Judicial Administrative Board. 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 Panel may seek judicial review of that decision in accordance with the Florida Rules of Appellate Procedure. NOTE: Pursuant to Section 2-211 of the City Code, the finding of the Panel shall result in a revocation of any Certificate of Use associated with this property. Known Interested Parties: VQ EVERGLADES DEVELOPMENT LLC 1741 W FLAGLER ST MIAMI, FL 33135 BISCAYNE BANK, A FLORIDA STATE CHARTERED COMMERCIAL BANK 3121 COMMODORE PLAZA, THIRD FLOOR COCONUT GROVE, FL 33133 REINHARDT, G. FREDERICK BISCAYNE BANK NKA BRICKELL BANK 1395 BRICKELL AVENUE MIAMI, FL 33131 BISCAYNE BANK, A FLORIDA STATE CHARTERED COMMERCIAL BANK 2601 SOUTH BAYSHORE DRIVE, STE 600 COCONUT GROVE, FL 33133 City of Miami Page 2 Printed on 5/6/22 CFN: 20220390048 BOOK 33184 PAGE 3128 Case # :1382016006998 - Owner's Name: VQ EVERGLADES DEVELOPM1 QUEZADA, VICTOR A VQ EVERGLADES DEVELOPMENT LLC 1541 BRICKELL AVE, 1507 MIAMI, FL 33129 At a meeting of the Unsafe Structure Panel on 5/6/2022, a motion was made by Panel Member Kouchalakos, seconded by Panel Member Bared, that this Order be APPROVED, passed. Moved By: Panel Member Kouchalakos Seconded By: Panel Member Bared Chair, Unsafe Structure Panel Miguel Martinez 05/06/2022 Date City of Miami Page 3 Printed on 5/6/22 City of Miami 444 SW 2nd Avenue Miami, FL 33130 City of Miami ORDER OF THE UNSAFE STRUCTURES PANEL CFN: 20220390092 BOOK 33184 PAGE 3332 DATE:05/12/2022 01:44:52 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY FOR FULL INFORMATION CONCERNING THE DECISION ORDER, PLEASE READ THIS DOCUMENT IN ITS ENTIRETY File Number: 16-03557 Final Action: 05/06/2022 Owner's Name: VQ EVERGLADES DEVELOPMENT, LLC Owner's Mailing Address: 150 SE 25 RD, #PHA, MIAMI, FL 33129 Case #: BB2020012523 RE: 601 SW 6 ST Folio Number: 01-0203-040-1180 Legal Description: E60' OF LOTS 9 & 10, BLOCK B, DRUID COURT 2ND ADDN, PLAT BOOK 7, PAGE 3, MIAMI-DADE COUNTY, FL WHEREAS the above Property, having been found in violation of the Code of the City of Miami, Florida, as amended ("CityCode"), the Miami -Dade County Code and/or the Florida Building Code ("FBC") on MAY 6TH, 2022, the City of Miami's Unsafe Structures Panel ("Panel") ORDERS AND ADJUDGES: The Property Structure may be REPAIRED pursuant to the following timeframe(s): A. Structure 'A' (1-STORY, CBS, APARTMENT BUILDING): 1. PLANS: A full set of plans shall be submitted within 60 days from the date of this Order. Plans shall be prepared by a Registered Architect or a Professional Engineer or as permitted by the FBC and shall be Signed and Sealed, (or Stamped) by the Design Professional. Properties that are occupied shall provide a qualified design professional report stating the structure is safe for occupancy, if occupied, as it exists and during required repairs. All plans shall first be submitted to the Unsafe Structures Division for pre -approval for scope of work prior to upload. 2. BUILDING PERMITS: The owner shall have the required Permit(s) issued within 90 days from the expiration of the time period listed in Section A(1). The Permit(s) obtained shall cover all repairs or items needing to be completed and legalized. 3. FINALIZATION: The Owner shall cause all Permit(s) to be finalized and closed (all fees and costs paid in full) within 120 days of the expiration of the time period listed in Section A(2). ENFORCEMENT: IF THE TIMEFRAMES PROIVDED IN ANY OF THE SECTIONS ABOVE ARE NOT MET, SAID STRUCTURE CAN BE SUBJECT TO DEMOLTION AFTER A CITY REQUESTED ENFORCEMENT HEARING BEFORE THE PANEL FOR FAILURE OF OWNER AND/OR INTERESETED PARTY TO COMPLY. ONE FORM OF ENFORCEMENT SHALL NOT PRECLUDE THE CITY FROM SEEKING ANY OTHER LEGAL REMEDY ALLOWED BY LAW. City of Miami Page 1 Printed on 5/6/22 CFN: 20220390092 BOOK 33184 PAGE 3333 Case # :882020012523 - Owner's Name: VQ EVERGLADES DEVELOPM! EXTENSION OF TIME: Any Owner wishing to extend the Order of the Panel shall be required to file a Motion for Extension of Time pursuant to Section 10-101(m) of the City Code. Any request made after the expiration of the required time period shall not be heard. RECORDATION: This Order will be recorded by the Building Official with the Public Records of Miami -Dade County. This recording will constitute constructive notice to all concerned as well as any subsequent purchaser, that a decision has been rendered by the Panel on the above referenced property. 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 Code and Chapter 8-5 of the Miami -Dade County Code. Likewise, and to avoid additional hazards, the Electrical Service to the Unsafe Structure may be disconnected, as necessary. APPEALS: The City of Miami Unsafe Structures Panel is a Quasi -Judicial Administrative Board. 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 Panel may seek judicial review of that decision in accordance with the Florida Rules of Appellate Procedure. NOTE: Pursuant to Section 2-211 of the City Code, the finding of the Panel shall result in a revocation of any Certificate of Use associated with this property. Known Interested Parties: VQ EVERGLADES DEVELOPMENT LLC 1741 W FLAGLER ST MIAMI, FL 33135 BISCAYNE BANK, A FLORIDA STATE CHARTERED COMMERCIAL BANK 3121 COMMODORE PLAZA, THIRD FLOOR COCONUT GROVE, FL 33133 REINHARDT, G. FREDERICK BISCAYNE BANK NKA BRICKELL BANK 1395 BRICKELL AVENUE MIAMI, FL 33131 BISCAYNE BANK, A FLORIDA STATE CHARTERED COMMERCIAL BANK 2601 SOUTH BAYSHORE DRIVE, STE 600 COCONUT GROVE, FL 33133 QUEZADA, VICTOR A VQ EVERGLADES DEVELOPMENT LLC 1541 BRICKELL AVE, 1507 MIAMI, FL 33129 City of Miami Page 2 Printed on 5/6/22 CFN: 20220390092 BOOK 33184 PAGE 3334 Case # :BB2020012523 - Owner's Name: VQ EVERGLADES DEVELOPM! At a meeting of the Unsafe Structure Panel on 5/6/2022, a motion was made by Panel Member Kouchalakos, seconded by Panel Member Bared, that this Order be APPROVED, passed. Moved By: 7' Panel Member Kouchalakos Seconded By: Panel Member Bared Chair, Unsafe Structure Panel -()ict Miguel Martinez Date 05/06/2022 City of Miami Page 3 Printed on 5/6/22 City of Miami 444 SW 2nd Avenue Miami, FL 33130 City of Miami ORDER OF THE UNSAFE STRUCTURES PANEL CFN: 20220856060 BOOK 33460 PAGE 13 DATE:11/09/2022 09:52:42 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: 16-04743 Final Action: 11/04/2022 Owner's Name: VQ EVERGLADES DEVELOPMENT, LLC Owner's Mailing Address: 150 SE 25 RD, #PHA, MIAMI, FL 33129 Case #: BB2016006998 RE: 601 SW 6 ST Folio Number: 01-0203-040-1180 Legal Description: E60' OF LOTS 9 & 10, BLOCK B, DRUID COURT 2ND ADDN, PLAT BOOK 7, PAGE 3, MIAMI-DADE COUNTY, FL WHEREAS, the Unsafe Structure Panel ("Panel"), having heard the testimony and other evidence at hearing for Extension of Time, pursuant to Section 10-101(m) of the City Code, and the recommendation and/or arguments of the Parties and the Property having already been found by previous order to be in violation of the City Code, the Miami -Dade County Code and/or the Florida Building Code ("FBC") on NOVEMBER 4TH, 2022. IT IS ORDERED AND ADJUDGED that: An Extension of Time is hereby _X GRANTED DENIED. If Denied: [Check as Appropriate]: a. The Owner failed to appear at hearing. b. The Panel does not find good cause to allow for an extension of time based upon the facts and evidence presented to the Panel. If the Request for Extension of Time was denied, any order of the Panel may be appealed as provided for in Section 5 of this Order. There may be no further extensions of time requested as provided for in Section3. The Property has been GRANTED an extension of time to comply the violation as follows: 1. Structure "A" (1-STORY, CBS, APARTMENT BUILDING): a. PLANS: A fuli set of pla-Rs—shall—be—sub m itteelwithin 60 ys a —date— is permitted by the FBC and shall be Signed and Sealed, (or Stamped) by tho Design report stating the structure is safe for occupancy, if occupied, as it exists and during required repairs. All plans shall meet the known scope of work as provided for in the notice The requirements of this subsection can only be met when the plans are approved for City of Miami Page 1 Printed on 11/4/22 CFN: 20220856060 BOOK 33460 PAGE 14 Case # :BB2016006998 - Owner's Name: VQ EVERGLADES DEVELOPM1 Build and a process number issued. b. BUILDING PERMITS: The owner shall have the required Pormit(s) issued within 90 days from the expiration of the time period listed in Section 1(a). The Permit(s) obtained review process. c. FINALIZATION: The Owner shall cause all Permit(s) to be finalized and closed (all fees and costs paid in full) within 120 days of the expiration of the time period listed in Section 1(b). 2. ENFORCEMENT: IF THE TIMEFRAMES PROVIDED IN ANY OF THE SECTIONS ABOVE ARE NOT MET, SAID STRUCTURE [Check as Appropriate]: a. X May be subject to demolition after further hearing before the Panel Order. b. Shall be demolished by the City and no further extensions of time shall be considered as provided for in Section 3. All owner permitting processes shall be placed on hold, as allowed, to allow for the City to demolish the Property structure(s). Any further document review or inspections shall not be considered as estoppel to demolition pursuant to requirements of this Order. ONE FORM OF ENFORCEMENT SHALL NOT PRECLUDE THE CITY FROM SEEKING ANY OTHER LEGAL REMEDY ALLOWED BY LAW. Likewise, and to avoid additional hazards, the Electrical Service to the Unsafe Structure may be disconnected, as necessary if the City is proceeding with demolition or any illegal electrical hookup has occurred. 3. EXTENSION OF TIME: Any Owner wishing to extend the Order of the Panel shall be required to file a Motion for Extension of Time pursuant to Section 10-101(m) of the City Code. Any request made after the expiration of the required time period shall not be heard. 4. RECORDATION: This Order will be recorded by the Building Official with the Public Records of Miami -Dade County. This recording will constitute constructive notice to all concerned as well as any subsequent purchaser, that a decision has been rendered by the Panel on the above referenced property. 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 Code and Chapter 8-5 of the Miami -Dade County Code. 5. APPEALS: The City of Miami Unsafe Structures Panel is a Quasi -Judicial Administrative Board. 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 Panel may seek judicial review of that decision in accordance with the Florida Rules of Appellate Procedure. Copy of Order provided to via Certified US Mail and Posting: Known Interested Parties City of Miami Page 2 Printed on 11/4/22 CFN: 20220856060 BOOK 33460 PAGE 15 Case # :BB2016006998 - Owner's Name: VQ EVERGLADES DEVELOPM! VQ EVERGLADES DEVELOPMENT LLC 1741 W FLAGLER ST MIAMI, FL 33135 BISCAYNE BANK, A FLORIDA STATE CHARTERED COMMERCIAL BANK 3121 COMMODORE PLAZA, THIRD FLOOR COCONUT GROVE, FL 33133 REINHARDT, G. FREDERICK BISCAYNE BANK NKA BRICKELL BANK 1395 BRICKELL AVENUE MIAMI, FL 33131 BISCAYNE BANK, A FLORIDA STATE CHARTERED COMMERCIAL BANK 2601 SOUTH BAYSHORE DRIVE, STE 600 COCONUT GROVE, FL 33133 QUEZADA, VICTOR A VQ EVERGLADES DEVELOPMENT LLC 1541 BRICKELL AVE, 1507 MIAMI, FL 33129 At a meeting of the Unsafe Structure Panel on 11/4/2022, 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 Bared Chair, Unsafe Structure Panel Miguel Martinez Date 11/04/2022 City of Miami Page 3 Printed on 11/4/22 City of Miami 444 SW 2nd Avenue Miami, FL 33130 City of Miami ORDER OF THE UNSAFE STRUCTURES PANEL CFN: 20220856063 BOOK 33460 PAGE 20 DATE:11/09/2022 09:53:16 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: 16-04744 Final Action: 11/04/2022 Owner's Name: VQ EVERGLADES DEVELOPMENT, LLC Owner's Mailing Address: 150 SE 25 RD, #PHA, MIAMI, FL 33129 Case #: BB2020012523 RE: 601 SW 6 ST Folio Number: 01-0203-040-1180 Legal Description: E60° OF LOTS 9 & 10, BLOCK B, DRUID COURT 2ND ADDN, PLAT BOOK 7, PAGE 3, MIAMI-DADE COUNTY, FL WHEREAS, the Unsafe Structure Panel ("Panel"), having heard the testimony and other evidence at hearing for Extension of Time, pursuant to Section 10-101(m) of the City Code, and the recommendation and/or arguments of the Parties and the Property having already been found by previous order to be in violation of the City Code, the Miami -Dade County Code and/or the Florida Building Code ("FBC") on NOVEMBER 4TH, 2022. IT IS ORDERED AND ADJUDGED that: An Extension of Time is hereby X GRANTED DENIED. If Denied: [Check as Appropriate]: a. The Owner failed to appear at hearing. b. The Panel does not find good cause to allow for an extension of time based upon the facts and evidence presented to the Panel. If the Request for Extension of Time was denied, any order of the Panel may be appealed as provided for in Section 5 of this Order. There may be no further extensions of time requested as provided for in Section3. The Property has been GRANTED an extension of time to comply the violation as follows: 1. Structure "A" (1-STORY, CBS, APARTMENT BUILDING): a. PLANS: permitted by the FBC and shall be Signed and Scaled, (or Stamped) by the Design Profc-sional. Properties that arc occupicd shall provide a qualified design professional report stating the structure is safc for occupancy, if occupicd, as it exists and during The requirements of this subsection can only be met when the plans are approved for City of Miami Page 1 Printed on 11/4/22 CFN: 20220856063 BOOK 33460 PAGE 21 Case # :BB2020012523 - Owner's Name: VQ EVERGLADES DEVELOPM1 iBuild and a procoss number issued. b. BUILDING PERMITS: The owner shall have tho roquircd Permit(c) icsuod within 90 days from the expiration of the time period listed in Section 1(a). The Permit(s) obtained shall cover all repairs or items needing to be completod and logalizod as providod for in review process. c. FINALIZATION: The Owner shall cause all Permit(s) to be finalized and closed (all fees and costs paid in full) within 120 days of the expiration of the time period listed in Section 1(b). 2. ENFORCEMENT: IF THE TIMEFRAMES PROVIDED IN ANY OF THE SECTIONS ABOVE ARE NOT MET, SAID STRUCTURE [Check as Appropriate]: a. X May be subject to demolition after further hearing before the Panel Order. b. Shall be demolished by the City and no further extensions of time shall be considered as provided for in Section 3. All owner permitting processes shall be placed on hold, as allowed, to allow for the City to demolish the Property structure(s). Any further document review or inspections shall not be considered as estoppel to demolition pursuant to requirements of this Order. ONE FORM OF ENFORCEMENT SHALL NOT PRECLUDE THE CITY FROM SEEKING ANY OTHER LEGAL REMEDY ALLOWED BY LAW. Likewise, and to avoid additional hazards, the Electrical Service to the Unsafe Structure may be disconnected, as necessary if the City is proceeding with demolition or any illegal electrical hookup has occurred. 3. EXTENSION OF TIME: Any Owner wishing to extend the Order of the Panel shall be required to file a Motion for Extension of Time pursuant to Section 10-101(m) of the City Code. Any request made after the expiration of the required time period shall not be heard. 4. RECORDATION: This Order will be recorded by the Building Official with the Public Records of Miami -Dade County. This recording will constitute constructive notice to all concerned as well as any subsequent purchaser, that a decision has been rendered by the Panel on the above referenced property. 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 Code and Chapter 8-5 of the Miami -Dade County Code. 5. APPEALS: The City of Miami Unsafe Structures Panel is a Quasi -Judicial Administrative Board. 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 Panel may seek judicial review of that decision in accordance with the Florida Rules of Appellate Procedure. Copy of Order provided to via Certified US Mail and Posting: Known Interested Parties City of Miami Page 2 Printed on 11/4/22 CFN: 20220856063 BOOK 33460 PAGE 22 Case # :BB2020012523 - Owner's Name: VQ EVERGLADES DEVELOPM! VQ EVERGLADES DEVELOPMENT LLC 1741 W FLAGLER ST MIAMI, FL 33135 BISCAYNE BANK, A FLORIDA STATE CHARTERED COMMERCIAL BANK 3121 COMMODORE PLAZA, THIRD FLOOR COCONUT GROVE, FL 33133 REINHARDT, G. FREDERICK BISCAYNE BANK NKA BRICKELL BANK 1395 BRICKELL AVENUE MIAMI, FL 33131 BISCAYNE BANK, A FLORIDA STATE CHARTERED COMMERCIAL BANK 2601 SOUTH BAYSHORE DRIVE, STE 600 COCONUT GROVE, FL 33133 QUEZADA, VICTOR A VQ EVERGLADES DEVELOPMENT LLC 1541 BRICKELL AVE, 1507 MIAMI, FL 33129 At a meeting of the Unsafe Structure Panel on 11/4/2022, a motion was made by Panel Member Kouchalakos, seconded by Panel Member Bared, that this Order be APPROVED, passed. Moved By: Panel ember Kouchalakos Seconded By: Panel Member Bared Chair, Unsafe Structure Panel -nric) iguel Martinez Date 11 /04/2022 City of Miami Page 3 Printed on 11/4/22 City of Miami 444 SW 2nd Avenue Miam, FL 33130 File Number: 30 City of Miami CFN: 20230491361 BOOK 33796 PAGE 187 DATE:07/17/2023 02:52:46 PM JUAN FERNANDEZ-BARQUIN CLERK OF THE COURT & COMPTROLLER MIAMI-DADE COUNTY, FL ORDER OF THE UNSAFE STRUCTURES PANEL FOR FULL INFORMATION CONCERNING THE DECISION ORDER, PLEASE READ THIS DOCUMENT IN ITS ENTIRETY Final Action: 07/07/2023 Owner's Name: VQ EVERGLADES DEVELOPMENT, LLC Owner's Mailing Address: 1741 W FLAGLER ST, MIAMI, FL 33135 Case #: BB2016006998 RE: 601 SW 6 ST Folio Number: 01-0203-040-1180 Legal Description: E60' OF LOTS 9 & 10, BLOCK B, DRUID COURT 2ND ADDN, PLAT BOOK 7, PAGE 3, MIAMI-DADE COUNTY, FL WHEREAS, the Unsafe Structure Panel ("Panel"), having heard on, JULY rill., 2023, the testimony and other evidence at hearing for Extension of Time, pursuant to Section 10-101(m) of the City Code, and the recommendation and/or arguments of the Parties and the Property having already been found by previous order to be in violation of the City Code, the Miami -Dade County Code and/or the Florida Building Code ("FBC") on NOVEMBER 4.TH, 2022. IT IS ORDERED AND ADJUDGED that: An Extension of Time is hereby X_ GRANTED DENIED. If Denied: [Check as Appropriate]: The Owner failed to appear at hearing. The Panel does not find good cause to allow for an extension of time based upon the facts and evidence presented to the Panel. If the Request for Extension of Time was denied, any order of the Panel may be appealed as provided for in Section 5 of this Order. There may be no further extensions of time requested as provided for in Section3. The Property has been GRANTED an extension of time to comply the violation as follows: 133 CFN: 20230491361 BOOK 33796 PAGE 188 1. Structure "A" (1-STORY, CBS, APARTMENT BUILDING): a,} PL-Al J� #4t set of plans e}iall be subrx�+t#eel-inaitl�i 60 days #+e�m the date of-#h+s ©rder: R4a� sha be--p epa _bya-Regi-ster-ed.Arcclatteet er.a--ProfeesieraI-E-e-p t-eel by t ae -a�aci sl 11 k e-Sigwfed-aid•8e leed (er-St�+Wiped}day-tlie-Bes.igr rofession-at:- Rropertie�+at errs aeci+pied si pro ide�ef led-design-pfofes ion-al-repor#-st tin tie sfr cta e+s-safe fer-oceep tosc-u-iied;.-as-it exists -a -d ring -re* alr�-ANwn.seape-e-f Y'e rev-lded fir f eti. e-ew+oiatien-aed.-as• prose-Rfeel-at-hcafirrl-net--es-do .Peed-rsot t+i ibc-plans s itted-Rieet-tl e- -of-work pfesented-a-t ta4hg--and- rry-adcli#-ofi-al wer detarmined-t"„tiagh-..the ciesigfr pfcfcselr aii ss i+e-me rts.of-this-.s sti.en-eaf er- y-lae-met-when-th plar -aye apprevod fer iBa+ld and a pfoGes,. rrurrrber--iss+ l- N--B-WLDIN -G-raERMITS:.....-The ewner shall-have-th-e-regui-Klaer-m-it(s)-ass-ued-within.....90...elays-€rot a tkre expi•r-ation-of-the-time-period-Ifeted-in-Section 'I(a) elf, plans...are alfeady aeeeptecl anal in proeer. it.h the-Oity-and-Soetien-1-(a-}-is- •ret neeessary, td cen td e pofnflts skald be Issueel w+t#in-98 ys-Ti e e-FRi•-fs*a-btaif=red-sha14-covet"-a4-rega+rs-af-itefars-needing to re co l tee a„d-legadi eel-as-p-rokAi eel -far in-the-plaRs--sling-w+tha-a•fry-etkrer odifiGatie rs fa ossary.as-ean -ancl de oec rev4ow prs: c.) FINALIZATION: The Owner shall cause all Permit(s) to be finalized and closed (all fees and costs paid in full) within 120 days of the expiration of the time period listed in Section 1(b). If, permit(s) are issued and Section 1(b) is not necessary, then the permits shall be finalized and closed (all fees and costs paid in full) within 120 days. 2. ENFORCEMENT: IF THE TIMEFRAMES PROVIDED IN ANY OF THE SECTIONS ABOVE ARE NOT MET, SAID STRUCTURE [Check as Appropriate]: X May be subject to demolition after further hearing before the Panel Order. _ Shall be demolished by the City and no further extensions of time shall be considered as provided for in Section 3. All owner permitting processes shall be placed on hold, as allowed, to allow for the City to demolish the Property structure(s). Any further document review or inspections shall not be considered as estoppel to demolition pursuant to requirements of this Order. ONE FORM OF ENFORCEMENT SHALL NOT PRECLUDE THE CITY FROM SEEKING ANY OTHER LEGAL REMEDY ALLOWED BY LAW. Likewise, and to avoid additional hazards, the Electrical Service to the Unsafe Structure may be disconnected, as necessary if the City is proceeding with demolition or any illegal electrical hookup has occurred. 134 CFN: 20230491361 BOOK 33796 PAGE 189 3.) EXTENSION OF TIME: Any Owner wishing to extend the Order of the Panel shall be required to file a Motion for Extension of Time pursuant to Section 10-101(m) of the City Code. Any request made after the expiration of the required time period shall not be heard. 4.) RECORDATION: This Order will be recorded by the Building Official with the Public Records of Miami -Dade County. This recording will constitute constructive notice to all concerned as well as any subsequent purchaser, that a decision has been rendered by the Panel on the above referenced property. 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 Code and Chapter 8-5 of the Miami -Dade County Code. 5.) APPEALS: The City of Miami Unsafe Structures Panel is a Quasi -Judicial Administrative Board. 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 Panel may seek judicial review of that decision in accordance with the Florida Rules of Appellate Procedure. Copy of Order provided to via Certified US Mail and Posting: Known Interested Parties VQ EVERGLADES DEVELOPMENT LLC 150 SE 25 RD, #PH A MIAMI, FL 33129 BISCAYNE BANK, A FLORIDA STATE CHARTERED COMMERCIAL BANK 3121 COMMODORE PLAZA, THIRD FLOOR COCONUT GROVE, FL 33133 REINHARDT, G. FREDERICK BISCAYNE BANK NKA BRICKELL BANK 1395 BRICKELL AVENUE MIAMI, FL 33131 BISCAYNE BANK, A FLORIDA STATE 135 CFN: 20230491361 BOOK 33796 PAGE 190 CHARTERED COMMERCIAL BANK 2601 SOUTH BAYSHORE DRIVE, STE 600 COCONUT GROVE, FL 33133 QUEZADA, VICTOR A VQ EVERGLADES DEVELOPMENT LLC 1541 BRICKELL AVE, 1507 MIAMI, FL 33129 At a meeting of the Unsafe Structure Panel, a motion was made that this Order be APPROVED, passed. Chair, Unsafe Structure Panel: Miguel Martinez Date 07/07/23 136 Exhibit C-1 Final Administrative Enforcement Order THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. VQ EVERGLADES DEVELOPMENT LLC 1541 BRICKELL AVE # 1507 MIAMI, FL 33129 Tenant: CFN: 20190786898 BOOK 31735 PAGE 2413 DATE:12/19/2019 04:10:01 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami November 12, 2019 CR: CE2019007735 Case No: CE2019007735 Address: 1111 NW 6 ST Folio: 0141020050260 Legal: LAWRENCE EST LAND CO SUB PB 2-46 S98FT LOT 19 &E1 1 FT OF N2FT OF S 100FT LOT 19 &S100FT LOT 20 BK 2 OR 13445-2197 0187 5 Hearing Date: November 07, 2019 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2171 FAILURE TO MAINTAIN EXTERIOR OF COMMERCIAL OR RESIDENTIAL PROPERTY. City Code Chapter 10 SEC 10-23 &10-24 - 2107 Parking on unimproved surfaces. Miami 21 Sectin 3.6.3 - 2102 Parking/storage of inoperable/untagged vehicles Miami 21 Article 3 Section 3.6.3 - 2110 No Certificate of Use. Miami 21 ART 4 table 3,7.1.2 City Code 2-207 - 2151 Failure to obtain a business tax receipt for the type of business conducted. City Code Chapter 31 - 2108 Outside storage of miscellaneous materials, equipment, and/or debris. City Code - Sec. 22-1 16 You are hereby ordered to correct said violation by May 13, 2019. 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 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. 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 Yacmany Salvatierra at (305) 329-4770. 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 November 12, 2019 of the Code Enforcement Board. Officially filed and rendered on November 12, 2019 in the records of the City of Miami, Hearing Boards. Prepared by: _ Olga Zamora Deputy Clerk of Hearing Boards Exhibit C-2 Notice of Unsafe Structure Violation March 04, 2019 VQ EVERGLADES DEVELOPMENT LLC 1541 BRICKELL AVE # 1507 MIAMI, FL 33129 CFN: 20190145794 BOOK 31354 PAGE 2992 DATE:03/06/2019 01:46:29 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami CR: BB2018024273 NOTICE OF UNSAFE STRUCTURE VIOLATION PENDING MUNICIPAL SPECIAL ASSESSMENT LIEN STATE OF FLORIDA CR: BB2018024273 COUNTY OF MIAMI-DADE Folio: 0141020050260 Lien: US8024273 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: 1111 NW 6 ST - LAWRENCE EST LAND CO SUB PB 2-46 S98FT LOT 19 &E11 FT OF N2FT OF S 100FT LOT 19 &S100FT LOT 20 BK 2 OR 13445-2197 0187 5 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 declared unsafe and the remedial actions required to correct such violations. This instrument is 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 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 ReDiaz@miamigov.com Exhibit C-3 Order of the Unsafe Structures Panel City of Miami 444 SW 2nd Avenue Miami, FL 33130 City of Miami ORDER OF THE UNSAFE STRUCTURES PANEL CFN: 20190233729 BOOK 31404 PAGE 4683 DATE:04/15/2019 04:19:52 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY FOR FULL INFORMATION CONCERNING THE DECISION ORDER, PLEASE READ THIS DOCUMENT IN ITS ENTIRETY File Number: 16-01901 Final Action: 04/12/2019 Owner's Name: VQ EVERGLADES DEVELOPMENT LLC Owner's Mailing Address: 1541 BRICKELL AVE 1507 MIAMI, FL 33129 Case #: BB2018024273 RE: 1111 NW 6 ST Folio Number: 01-4102-005-0260 Legal Description: LAWRENCE EST LAND CO SUB PB 2-46 S98FT LOT 19 & E11FT OF N2FT OF S 100FT LOT 19 & S100FT LOT 20 BK 2 OR 13445-2197 0187 5 The City of Miami's Unsafe Structures Panel Decision, at its meeting on April 12, 2019 for Structure "A" (2-STORY, CBS/WF, 10 UNIT BUILDING): Structure 'A': Repair or Demolish Unsafe Structure within 180 days PLANS: Building plans must be developed for all work and for all repairs or items needing to be completed or legalized. Plans shall be prepared by a Registered Architect or a Professional Engineer or as permitted by the Florida Building Code, as amended, and shall be Signed and Sealed, (or Stamped) by the Design Professional. When plans are required, they shall be submitted FIRST to the Unsafe Structures/Code Compliance Section for approval. Plans shall be prepared and submitted for approval to the City of Miami Building Department within 30 days from today's date. All property surveys submitted to this Section for the purpose of obtaining permits shall be current, shall furthermore be Signed and Sealed and shall show all pertinent and required Elevations. (Note: A property survey is required for total demolition permits.) BUILDING PERMITS: Structure 'A': Permits shall be obtained within 90 days from today's date Building Permits must be obtained after the construction plans have been approved by the Building Department for all Structures shown above and for all Disciplines requiring permits. Permits shall also be obtained for all required Trade sub -categories, as required by the Florida Building Code, Miami -Dade County Code and the City of Miami Code. The permits obtained shall cover all repairs or items needing to be completed and legalized . 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 compliance is not obtained within the time periods stipulated above, then the Building Official is further instructed to City of Miami Page 1 Printed on 4/12/19 CFN: 20190233729 BOOK 31404 PAGE 4684 Case # :BB2018024273 - Owner's Name: VQ EVERGLADES DEVELOPM1 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 document may be recorded by the Building Official with the Public Records of Miami -Dade County. This recording will constitute constructive notice to all concerned as well as any subsequent purchaser, that a decision has been rendered by the City of Miami Unsafe Structures Appeal Panel on the above referenced property in that the property in question is an Unsafe Structure and cannot be occupied until the Violation(s) are cured. 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 Code and Chapter 8-5 of the Miami -Dade County Code. Likewise, and to avoid additional hazards, the Electrical Service to the Unsafe Structure will be disconnected and will remain disconnected until the Violation(s) has been fully cured. Permits for the structure(s) located at the above address must be obtained from the City of Miami Building Department - 444 SW 2 Avenue, (4th 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 person 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.: BB2018024273 As of date (April 12, 2019): BISCAYNE BANK, A FLORIDA STATE CHARTERED: COMMERCIAL BANK 2601 SOUTH BAYSHORE DR, STE 600 COCONUT GROVE, FL 33133 BISCAYNE BANK: CIO, R/A, LUMPKIN, II, THOMAS D 2601 SOUTH BAYSHORE DR, 6TH FLOOR COCONUT GROVE, FL 33133 VQ EVERGLADES DEVELOPMENT LLC: CIO, R/A, QUEZADA, VICTOR A, 1541 BRICKELL AV 1507 MIAMI, FL 33129 City of Miami Page 2 Printed on 4/12/19 CFN: 20190233729 BOOK 31404 PAGE 4685 Case # :B82018024273 - Owner's Name: VQ EVERGLADES DEVELOPM! At a meeting of the Unsafe Structure Panel on 4/12/2019, a motion was made by Panel Member Kouchalakos, seconded by Panel Member Bared, that this Order be APPROVED, passed. Moved By: Panel Member Kouchalakos Seconded By: Pa el Member Bared Chair, Unsafe Structure / Date Panel Rafael Rodriguez Apr 12, 2019 City of Miami Page 3 Printed on 4/12/19 Exhibit C-4 Notice of Municipal Special Assessment Lien September 20, 2023 VQ EVERGLADES DEVELOPMENT LLC ELADIO CASTELLANO 1541 BRICKELL AVE # 1507 MIAMI, FL 33129 33129 CFN: 20230684350 BOOK 33900 PAGE 391 DATE:09/26/2023 02:02:51 PM JUAN FERNANDEZ-BARQUIN CLERK OF THE COURT & COMPTROLLER MIAMI-DADE COUNTY, FL City of Miami Legal Description: Re: 620 NW 11 AV LAWRENCE EST LAND CO SUB PB 2-46 LOT 19 LESS S98FT &LESS E11 FT OF N2FT OF S100FT &LOT 20 LESS S 100FT BLK 2 LOT SIZE 5078 SQUARE FEET OR 17063-3918 0196 4 NOTICE OF MUNICIPAL SPECIAL ASSESSMENT LIEN PURSUANT TO FLORIDA STATUTE 170.201 PURSUANT TO UNSAFE STRUCTURE VIOLATION STATE OF FLORIDA CR: BB2015013229 COUNTY OF MIAMI DADE Folio: 0141020050250 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 31443 at PAGE 605 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: 1,846.00 BOARD COST: 381.83 EXPENSES: 25,375.95 TOTAL: 27,603.78 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