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HomeMy WebLinkAboutBack-Up DocumentsFiling # 201030243 E-Filed 06/20/2024 07:55:05 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA MANCINI HOLDINGS12, LLC, a Florida limited liability company, CASE NO: Plaintiff, v. CITY OF MIAMI, a municipal corporation and subdivision under the laws of the State of Florida, Defendant. COMPLAINT TO QUIET TITLE Plaintiff, MANCINI HOLDINGS12, LLC ("Plaintiff'), by and through its undersigned counsel, hereby sues Defendant, the CITY OF MIAMI, a municipal corporation and subdivision under the laws of the State of Florida ("Defendant"), and in support alleges as follows: PARTIES, VENUE, AND JURISDICTION 1. This is an action to quiet title in real property located at 2749 SW 5th Street, Miami, Florida 33135 (the "Property") pursuant to Fla. Stat. § 65.061. 2. Plaintiff is a Florida limited liability company which owns the Properties, which are located in Miami -Dade County, Florida. 3. Mr. Serse Mancini ("Mr. Mancini"), is a member and manager of Plaintiff and is an individual over 18 years of age residing in Miami -Dade County, Florida. 4. Defendant is a municipal corporation and subdivision under the laws of the State of Florida, and is located in Miami -Dade County, Florida. 5. Venue is therefore proper in Miami -Dade County, Florida pursuant to Fla. Stat. § 47.051, and this Court has subject matter jurisdiction pursuant to Fla. Stat. § 26.012(2)(g). 1 GENERAL ALLEGATIONS 6. Plaintiff purchased the Property and the adjacent building 2741 SW 5th Street, Miami, Florida 33135 (jointly the "Properties") on or about November 16, 2015 via Warranty Deed from 120, LLC. 7. The Properties are legally described as follows: Lots 18 and 19, Block 2, CAROLINA HEIGHTS, according to the Plat thereof as recorded in Plat Book 11, Page 61, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4104-017-0260 and Parcel Identification Number 01-4104-017-02501. 8. Because Mr. Mancini was not residing in the United States at the time of the purchase, and construction was required to update and/or repair the Properties, Plaintiff hired certain individuals and entities who agreed to act as Plaintiff's representatives with regard to making necessary repairs on the Properties, carrying out construction efforts on the Properties, and obtaining all permits required to do so lawfully. 9. Those individuals and entities include the following: (1) Luis Osio, a realtor and broker with Oasis International Realty Group; (2) Juan Alarcon and his company United Investment and Consulting Group Corp. (an active Florida corporation) and (3) EZ Permits & Legalizations Corporation (an active Florida corporation) (collectively, the "Osio Parties"). 10. In or around late 2019, Mr. Mancini and Plaintiff first learned that the Osio Parties were misappropriating the funds provided to them and had been making repairs to the Properties and carrying out construction efforts without obtaining the required permits. ' This Parcel Identification Number corresponds to the Property located 2749 SW 5th Street, Miami, Florida 33135 2 11. Unbeknownst to Plaintiff, the Osorio Parties had performed the repairs without the required permits, and as a result, Defendant issued (2) violations for each building — i.e., 2741 and 2749 — one for fire and another one for code compliance. 12. As a result of the foregoing, Plaintiff fired the Osorio Parties and hired Marman Construction, Inc. (whose agent, Ms. Ana Mantilla was the point of contact) to take over the construction and permitting work. 13. On or about October, 2019, Ms. Ana Mantilla ("Ms. Mantilla") commences transacting with the Defendant to obtain the required permits to correct the open violations for the Properties and take the steps required by Defendant to close same. 14. Ms. Mantilla also provided Defendant with a letter of explanation drafted by Plaintiff's attorney at the time (dated May 26, 2020), which set forth the circumstances surrounding the relationship between Plaintiff and the Osio Parties and requested a waiver of "any and all fines" based on the circumstances. 15. Ms. Mantilla contacted Defendant on or about November 11, 2020, requesting an update on the existing cases relating the violations on the Properties, noting that Plaintiff was in the process of trying to pay the outstanding fees for the Properties located at both 2741 and 2749. 16. On or about November 30, 2020, Ms. Mantilla received an email from the Senior Assistant City Attorney (the "Email"), the subject line of which made reference to the Properties, advising of two violations "for the Property in question (through the 2749 address number) referenced under numbers FF2017018980 and CE2016010536, which carried fines of $16,000.00 and $219,000.00, respectively. 17. Notably, Case No. CE02016010536 pertained to the 2741 address, and Case No. FF2017018980 pertained to the 2749 address. 3 18. In the E-mail, the City also offered to settle the aforementioned fines for $2,500.00 and $7,500.00, respectively, an offer which Plaintiff accepted. 19. The City, via an email from its Planning Department/Hearing Board Division, which again contained both property addresses in the subject line, instructed Plaintiff to set the settlement matter for hearing for City Approval. 20. Plaintiff applied for a settlement hearing for each numbered violation separately and requested mitigation, and purposely included both property addresses for mitigation. 21. A hearing was set for December 15, 2020, and Plaintiff was in attendance via zoom. 22. On December 16, 2020, the City created the invoices for each settlement amount for the corresponding violation. 23. Having been led to believe, based on Defendant's representations, that the above violations were the only ones currently outstanding with regard to both Properties, Plaintiff timely paid the invoices set forth above. 24. Unbeknownst to Plaintiff, and seemingly to Defendant, at the time, another violation existed with regard to the 2749 address at the time the parties were communicating in an effort to resolve all outstanding violations: Case Number CE2016010484. 25. Plaintiff did not learn of the additional violation until in or around September of 2023, at which point Plaintiff contacted Defendant to request a status update, and learned that the fine related to Case Number CE2016010484 had ballooned as a result of daily fines imposed for the violation not having been resolved and/or paid sooner. 26. Plaintiff reasonably believed at all times that the two violations previously referenced by Defendant were the only violations on the Properties, and subsequently fully cured such violations. 4 27. This belief was reasonable under the circumstances since the City itself applied funds paid in furtherance of the settlement to close fines for violations associated with both buildings but left a single code compliance violation open and failed to inform Plaintiff that a fine under Case No. CE2016010484 remained outstanding. 28. If Plaintiff had known or been advised that another violation existed during Plaintiff's prior communications with Defendant, Plaintiff would have likewise resolved said violation. 29. To date, the total fine imposed in connection with Case No. CE2016010484 is $219,000.00 and constitutes a lien on the property located at the 2749 address. 30. Plaintiff attempted to communicate with Defendant in an effort to mitigate the fines and lien imposed on the property located at the 2749 address, but such efforts were unsuccessful. 31. All conditions precedent to the filing of this action have been performed, excused, or have been waived. COUNT I QUIET TITLE 32. Plaintiff realleges and incorporates by reference herein paragraphs 1 through 25 above. 33. This is an action to quiet title pursuant to Fla. Stat. §§ 65.021 and 65.061. 34. The existing fine of $219,000.00 constitutes a lien on the property located at the 2749 address, which Plaintiffs owns all right, title, and interest in. 35. Defendant may claim an adverse interest in the property as a result of the existing lien. 36. Any lawful or legitimate interest Defendant may have in the property is subordinate and inferior to Plaintiff's right, title, and interest. 37. Plaintiff is therefore entitled to institute this action to quiet title and remove any cloud on Plaintiff's title to the Properties, including both the 2741 and 2749 addresses. 5 38. Plaintiff has a compelling interest in removing the existing cloud on Plaintiff's title and the existing lien on the Properties. WHEREFORE, Plaintiff respectfully demands judgment in Plaintiff's favor against Defendant removing any and all clouds on Plaintiff's title to the Properties, quieting title, and extinguishing any right or claim Defendant may have to the Properties, together with any other relief this Court deems just and proper under the circumstances. Dated: June 20, 2024 Respectfully submitted, SANCHEZ VADILLO, LLP By:/s/ Maria L. Larrabure Maria L. Larrabure, Esq. Florida Bar No. 86059 3105 NW 107t' Ave., Suite 103 Doral, Florida 33172 Tel. (305) 436-1410 Fax (305) 845-4552 E-Service: mlarrabure@svlawus.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by e- mail to all designated parties on the Florida e-portal, on this 20t' day of June 2024. By: /s/ Maria L. Larrabure Maria L. Larrabure, Esq. Florida Bar No. 86059 6