HomeMy WebLinkAboutBack-Up Documents® IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
❑ IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
DIVISION
® CIVIL
❑ DISTRICTS
❑ OTHER
SUMMONS 20 DAY CORPORATE SERVICE
(a) GENERAL FORMS
CASE NUMBER
2023-027922-CA-01
PLAINTIFF(S)
BENASUR, LLC.
VS. DEFENDANT(S)
CITY OF MIAMI
SERVICE
zg No5)
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on
defendant(s): CITY OF MIAMI
By Serving: The Mayor Francis X. Suarez
City of Miami Mayor's Office, 3500 Pan American Drive
Miami, Florida 33133
Each defendant is required to serve written defense to the complaint or petition on
Plaintiff's Attorney: Paul Savage and Nicholas Rodriguez
whose address is: Bercow Radell Fernandez Larkin & Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 300
Miami, Florida 33133
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within 20 days " Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of its agencies,
or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days.
When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 days." after service of this summons
on that defendant , exclusive of the day of service, and to file the original of the defenses with the Clerk of this Clerk Court either before
service on Plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for
the relief demanded in the complaint or petition.
JUAN FERNANDEZ-BARQUIN
CLERK OF THE COURT AND COMPTROLLER
MIAMI-DADE COUNTY
CIRCUIT AND COUNTY COURTS
BY: Ashley asIIVA
DEPUTY CLERK
DATE
DEC .1 4 2023
AMERICANS WITH DISABILITIES ACT OF 1990
ADA NOTICE
"If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Aliean Simpkins, the Eleventh Judicial Circuit Court's ADA
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Suite 2400,
Miami, FL 33128; Telephone (305) 349-7175; TDD (305) 349-7174, Email
ADA(a jud11.flcourts.org; or via Fax at (305) 349-7355, at least seven (7) days before your
scheduled court appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than seven (7) days; if you are hearing or voice
impaired, call 711."
CLK/CT. 314 Rev. 06/23
Clerk's web address: www.miamidadeclerk.gov
Filing # 187691744 E-Filed 12/08/2023 05:14:46 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.
BENASUR LLC,
Plaintiff,
v.
THE CITY OF MIAMI,
a political subdivision of the State of Florida,
Defendant.
COMPLAINT
COMES NOW, Plaintiff, Benasur LLC ("Benasur" or "Plaintiff'), by and through
undersigned counsel, and hereby sues the Defendant, The City of Miami (the "City" or
"Defendant") and states:
JURISDICTION, VENUE, AND PARTIES
1) This Court has jurisdiction over this matter because Plaintiff's damages exceed.
$50,000.00, exclusive of attorney's fees, interests, and costs.
2) Plaintiff is a Florida limited liability company and owns the real property located.
in Miami -Dade County, Florida that is at issue in this dispute.
3) Defendant is a municipal corporation and subdivision under the laws of Florida and
is located in Miami -Dade County, Florida.
4) Under Florida Statutes Section 47.001 (2023), venue lies in Miami -Dade County,
Florida because the Plaintiff's causes of action arose in Miami -Dade County, Florida, and the
Defendant is located in Miami -Dade County, Florida.
BACKGROUND AND FACTS COMMON TO ALL COUNTS
5) Plaintiff is the owner of the property located at 284 NW 45 Street, Miami, Florida,
33127 (the "Property"), which is legally described as:
COLUMBIA PK CORR PL PB 8-114 LOT 12 BLK 3 OR 14132-4266 0589 4
Identification (Folio) Number: 01-3124-019-0570
A true and correct copy of the Plaintiff's Warranty Deed is attached as Exhibit "A."
6) The Property, at all times relevant to this action, has been and continues to be a
single-family home.
7) On April 14, 2021, the City's Code Enforcement Board (the "Board") imposed a
Final Administrative Enforcement Order for: Work performed without a permit and/or permit not
finalized, violating City Code Section 10-3 (FBC 104, 105), Miami 21 section 7.1.2; Failure to
maintain exterior of commercial or residential property, violating City Code Chapter 10 Sections
10-23 & 10-24; and Failure to maintain lot in a safe, clean condition; not allowing accumulation
of debris, trash or dense growth of grass, violating City Code Section 22-116, 117, 118. A true and
correct copy of the Enforcement Order is attached as Exhibit "B."
8) The Enforcement Order required Plaintiff to pay a fine of $250.00 a day until
Plaintiff cured the violation. Id. The fines began to accrue and the Order constitutes a lien against
the property, having been recorded at Book 32462 and. Page 3466 of the Official Records of
Miami -Dade County, Florida.
9) Plaintiff was able to cure the above referenced violations and bring the property
into compliance, but fines remain pending. A true and correct copy of the Affidavit of Compliance
is attached as Exhibit "C."
10) The fines imposed by the Order has been unpaid for over 270 days.
2
11) According to Chapter 2, Article X of the Code, these fines are not eligible for
mitigation. A true and correct copy of Code Section 2-817(d)(2) is attached as Exhibit "D."
COUNT I
QUIET TITLE
l 2) Plaintiff reincorporates and realleges Paragraphs 1 to 11 as if fully set forth herein.
13) The Order imposed a lien on the Property.
14) Plaintiff undertook good faith efforts to comply with the Order and in fact achieved
compliance as is memorialized by the Affidavit of Compliance. See Exhibit C.
15) Plaintiff purchased the Property in fee simple pursuant to a Warranty Deed dated
August 31, 2020, as recorded at Book 32124 and Page 1808 of the Official Records of Miami -
Dade County on October 10, 2021. See Exhibit A.
16) Plaintiff was issued the Warranty Deed by Flores Capital Realty, Inc., to whom the
Property was conveyed by Rebecca Garrison Young by Warranty Deed recorded at Book 32084
and Page 3441 of the Official Records of Miami -Dade County. See Exhibit E.
17) The Property was conveyed to Rebecca Garrison Young in 1989 via the Quit Claim
Deed dated May 31, 1989 and recorded at Book 14132 and Page 4266 in the Official Records of
Miami -Dade County, Florida. See Exhibit F.
18) As a fee simple owner relying upon its Warranty Deed, Plaintiff is authorized to
bring an action to quiet title to the Property and clear any cloud on its title. See § 65.031 Fla. Stat.
(2023).
19) As a fee simple owner relying upon its Warranty Deed, Plaintiff has a compelling
interest in removing the cloud of title imposed by the Order and liens because the Order diminishes
or destroys the marketability of the Property's title, which unnecessarily infringes upon Plaintiff.
3
WHEREFORE, Plaintiff, Benasur, LLC respectfully requests that this Court enter
judgment in its favor, remove the cloud of title currently hindering the Property, and award any
other relief allowable under Florida law that this Court deems proper.
COUNT II
DECLARATORY RELIEF
20) Plaintiff reincorporates and realleges Paragraphs 1 to 11 as if fully set forth herein.
21) This is an action for declaratory relief brought pursuant to Section 86.011 of the
Florida Statutes.
22) Plaintiff is entitled to have any doubt regarding its rights regarding the Property in
question, including any cloud or encumbrance upon the Property, resolved.
23) Plaintiff has cured the violations which are practically curable and complied with
the Orders and the Code and has attempted to remove the liens but has been unable to close the
Code Enforcement Cases due to the liens imposed as a result of the Orders and subsequent fines.
24) Actions taken by local governments that impair property rights must be
"specifically tailored to abate the objectionable conduct, without unnecessarily infringing on upon
the conduct of a lawful enterprise." Keshbro v. City of Miami, 801 So. 2d 864, 876 (Fla. 2001).
WHEREFORE, Plaintiff, Benasur, LLC, respectfully requests that this Court:
a)
b)
c)
Declare that the Property is free from any cloud or encumbrance;
Declare that the imposition of the full fine amount memorialized by the Order and lien
is not specifically tailored to the objectionable conduct as required by constitutional
property right protections; and
Order any further relief this Court deems appropriate.
Plaintiff further demands judgment in favor of Plaintiff as to all issues raised in this
declaratory action.
4
Respectfully submitted,
/S/ Paul C. Savage
Paul C. Savage
Florida Bar No. 88587
psavage@brzoninglaw.conl
Peter Shoemaker
Florida Bar No. 1039683
pdsh.oemakcr(u;brzoninglaw.com
Nicholas J. Rodriguez
Florida Bar No. 1022156
r]rodriguez(a%brzonin Yla.w.con7.
Counsel for Plaintiff
BERCOW RADELL FERNANDEZ LARKIN &
TAPANES, PLLC
200 S. Biscayne Blvd., Ste. 300
Miami, Florida 33131
(305) 374-5300 (phone)
(305) 377-6222 (fax)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by electronic
mail through the Florida Court e-file Portal on this 8th day of December, 2023.
/S/ Paul Savage
Paul Savage
5
EXHIBIT "A"
Prepared by and return to:
Ave Blumenthal
Quaker Title & Escrow
902 Clint Moore Road, Suite 220
Boca Raton, FL 33487
File Number: QTA-2000145
CFN: 20200558419 BOOK 32124 PAGE 1808
DATE:10/01/2020 10:49:06 AM
DEED DOC 1,650.00
SURTAX 1,237,50
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
(Space Above This Line For Recording Data)
Warranty Deed
This Warranty Deed made this 31st day of August, 2020, between FLORES CAPITAL REALTY INC., A
FLORIDA CORPORATION whose post office address is 1749 NE MIAMI CT, APT 404, MIAMI, FL 33132,
grantor, and BENASUR, LLC, A FLORIDA LIMITED LIABILITY COMPANY whose post office address is 7342
NW 35TH STREET, MIAMI, FL 33122, 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, tying and being In the Miami -Dade County, Florida, to -wit:
Lot 12, Block 3, Corrected Plat of Columbia Park, according to plat thereof as recorded In Plat
Book 8, Page 114, of the Public Records of Miaml-Dade County, Florida.
Parcel Identification Number: 01-3124-019-0570
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same In fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land In fee simple;
that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully
warrants the title to said land and WIII 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, 2019.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Wa/ranfy Deed - Page 1
CFN: 20200558419 BOOK 32124 PAGE 1809
Signed, sealed and delivered in our presence:
77)
Witness ame:
Witness Name: L.1
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me b ans o hysical presence or 0 online
notarization, this 31st day Of August, 2020, by ABRI A. FLO S PRE IDENT OF FLORES CAPITaL
REALTY INC., A FLORIDA CORPORATION.
FLORES CAPITAL RE TY INC,, A FLORIDA
CORPORATION
By GAB. -L A. FLOROS,
Personally Known OR Produced Identification
Type of Identification Produced
Warranty Deed - Page 2
(Signatur of Public - State of Ft
(Print, Type, or Stamp Commissioned Name of Notary Public)
....,i,-.....0.0.04...6.0 .,
AVA BLUMENTHAL
MY COMMISSION tt GG 107596
EXPIRES; December 28, 2021
"••:',,!,, Bonded Thru Notary Public Underwriters_
. . ,_
E HIBIT "B"
THE CITY OF MIAMI, FLORIDA
CODE ENFORCEMENT BOARD
vs.
BENASUR LLC
7342 NW 35 ST
MIAMI, FL 33122 3122
Tenant:
CFN: 20210277101 BOOK 32462 PAGE 3466
DATE:04/22/2021 06:30:22 AM
HARVEY RUVIN, CLERK OE COURT, :MIA-DADE CTY
City of Miami
April 14, 2021
CR: CE2021004308
Case No; 0E2021004308
Address: 284 NW 45 ST
Folio: 013'12401 90570
Legal: COLUMBIA PK CO
14132-4266 0589 4
Hearing Date: April 13, 2021
FINAL ADMINISTRATIVE ENFORCEMENTORDER
The Code Enforcement Board has found you guilty of violating the following laws:
PL PEA 8-114 LOT 12 BLK 3 OH
2104 Work performed without a permit end/or permit not finalized. City Code SEC 10-3 (FBC 104, 105), Miami 21 section 7.1.2
- 2171 FAILURE TO MAINTAIN EXTERIOR OF COMMERCIAL OR RESIDENTIAL PROPERTY. City Code Chapter 10 SEC 10-23
&10-24
- 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
You are hereby ordered to correct said violation by April 14, 2021 If you fall to comply by said date, you will thereafter be fined the sum
of $260 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 Erik Enclnosa at Cell Phone Number: (766) 696-0198 or Office Phone Number: (305) 416-
2087.
City of Miami Code Enforcement Boar
This is to certify that the foregoing Is a true and correct copy of the document on file dated April 14, 2021 of the Code Enforcement
Board, Offiolally filed and rendered on April 14, 2021 In the records of the City of Miami, Hearing Boards.
Prepared by;
Olga Zamora
Deputy Clerk of Hearing Boards
E HIBIT "C"
•Page 1 of I
CI* °Miami
August 24, 2023•
THE CITY OF MIAMI
vs,
BENASUR LLC
7342 NW 35 ST
MIAMI, FL 33122 33122
Tonnnt:
I
CODE ENFORCEMENT BOARD
CITY OF MIAMI, FLORIDA
Case No; CE2021004308
Address: 284 NW 45 ST
Hearing Date: April 13, 2021
0131240190570
Legal: COLUMBIA PK CORR PL, P13 13-114 LOT 12.
BLK 3 OR 14132420 0589 4
CR: U2021004308.:
Affidavit of Compliance
Subject Property: 284 NW 45:ST Folio: 0131240190570.
gfitgbeinOaa, Inspector for dle; City ofMiani,heingdu.1y sworri,4eposed and says:
;Off August E24;
.stylearnatter.
2. Thq:Inspootion
woo :otatattOd Oti.Mteh 01:
2023, 1 conducted on inspection of the property cited for violation(s) in the above -
and a review of applicable records indicate that the violation(s) pertaining to this age
2022,
Natric.of Inspector lEfilancitiosa
Office Address;: 444 SW 2 AN -7tlifloorMiatnt,,FL 331.30
Coll:Phono:Ntanber: (786) 696-0191
OffIno PhotoNlnhor:: (30): 416407
Ettialt.EEneiraiga@trilaMigi*Cotti.
•Erik Encinosa
Code Enforcement, Inspector
_7(
SWORN AND SUBSCRIBEDBEFORE ME THIS DAY OF
141,
Print Notaw Name.
Personally know /or Produced ID.
Type, and number ofLD. produced
Did: take' an oath or Old hot talste.:an oath
20/12
NOtary ublic Ate. of Flo 'Oa
My :.rommission.,Egikics::
. .
RMERTO GONZAtil
\;-: Notary Public - Sttot Fintida
ComnisS100 I): 8ti IN9q4
My Corti:Epluo Apr 7Z, '2915
'..1)QtAlod thm.ugh HAtt6H41 Rom,' AM,
fittp:AmprodaticityviewwebiPtintAIVISisle454x14qpnikbhnd45/Page3A")01,htmj
..8/24/2023
IBI
441y,
10/24/23, 2:43 PM •Miami, FL., Code of Ordinances
Sec. 2-817. - Administrative costs, fines; liens.
(a) The board or special magistrate, upon notification by the code inspector that an order has been
complied with within the time specified in the order, shall accept such notification as
acknowledgment of compliance and no fines shall be imposed.
(b) The board or special magistrate, upon notification by the code inspector or city attorney that an
order of the board or special magistrate has not been complied with by the set time for
compliance, may order the violator(s) to pay a fine as follows:
(1) Residential properties. By the board and/or special magistrate for not more than $250.00 per
day that continues past the date of the order for compliance by the notice of violation and not
more than $500.00 per day for a repeat violator.
(2) Non-residential/commercial properties. By the board only for not more than $1,000.00 per
day per violation that continues past the date of the order for compliance and not more than
$5,000.00 per day per violation for a repeat violator. Non-residential shall also mean any
residential property being used outside the scope of its allowable use pursuant to Ordinance
No. 13114, the zoning ordinance of the city, as amended ("Miami 21 Code").
(3) If the violation, whether the property is homestead, non -homestead, or commercial and is a
violation of chapter 4 of the City Code, titled "Alcoholic beverages," chapter 17, article I of the
City Code, titled "Environmental protection/tree protection in general," chapter 22 of the City
Code, titled "Garbage and other solid waste," or chapter 62, article XIII, division 5 of the City
Code, titled "Planning and zoning/planning and zoning approval for temporary uses and
occupancies; permit required/murals," then the fine issued by the board shall not exceed
$1,000.00 per day per violation for a first time offender and not more than $5,000.00 per day
per violation for a repeat violator, and up to $15,000.00 per violation if the code enforcement
board or special magistrate finds the violation to be irreparable or irreversible in nature in
accordance with the criteria set forth in subsection (c) below.
(c) In determining the amount of the fine, if any, the board or special magistrate shall consider the
following factors:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(d) Mitigation of outstanding fine/lien by code enforcement board or special magistrate.
(1) Mitigation of fine for homestead properties. An enforcement board or special magistrate may
reduce an outstanding fine of a homestead property based on the criteria above once a
violator has complied with the order, after the city has collected its costs as determined by
the city manager or designee, and for good cause shown.
about:blank 1/5
10/24/23, 2:43 PM
Miami, FL ,Code of Ordinances
(2) Mitigation of fine for non -homestead properties. The board or special magistrate is hereby
authorized to mitigate fines with non -homestead violators, provided that the total amount of
the daily fine imposed by the enforcement board or special magistrate may only be reduced
to the percentage stated in the schedule below (the percentage on the chart below refers to
percentage of the lien to be paid. One hundred percent as reflected in the chart means no
mitigation is allowed and the total lien shall be paid):
Number of Days
Fine Outstanding
Total Fine
Mitigation
(percent)
1-30
25
31-60
5.1-90
91-120
121-150
151-180
181-210
211-240
30
35
40
50
60
70
80
241-270
271 and up
90
100
(3) If the subject fine is reduced and a violator fails to pay said reduced fine within a period of 20
days from the day the mitigation is made, then the original fine shall be reinstated. In addition
to daily fines, violators shall pay cost(s) of prosecution, if any, which have been incurred by
the city with respect to such violation.
(4) Exceptions. The above chart and restrictions shall not apply to;
about:blank 2/5
10/24/23, 2:43 PM Miami, FL,Code of Ordinances
a. Matters set for hearing at the time of the adoption of this subsection;
b. Bankruptcy matters, or matters in which the city has a litigation settlement which may be
heard by the city commission;
c. 501(c)(3) and eleemosynary organizations and single-family and duplex residential
properties and vacant land, where the immediate, previous use was as single family or
duplex structure shall be allowed to obtain mitigation in the same manner as properties
which have homestead exemption under subsection (d)(1). Eleemosynary is defined as a
private corporation created for charitable and benevolent purposes.
(e) A certified copy of an order imposing a fine shall be recorded in the public records and thereafter
shall constitute a lien against the land on which the violation exists and upon any other real or
personal property owned by the violator and upon petition to the circuit court such order may be
enforced in the same manner as a court judgment by the sheriffs of this state, including levy
against personal property, but shall not be deemed otherwise to be a judgment of a court except
for enforcement purposes. Any fine imposed pursuant to this part shall continue to accrue until
the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien
filed pursuant to this section, whichever occurs first. After three months from filing of any such
lien which remains unpaid, the city attorney shall be automatically authorized by the board or the
special magistrate to foreclose on the lien and the city shall make a determination within 45 days
whether to proceed with foreclosure action, Once a determination to foreclose has been made,
the city attorney shall promptly institute foreclosure proceedings, No lien created pursuant to F.S.
ch. 162 may be foreclosed on real property which is a homestead under section 4, article X of the
state constitution. The city attorney shall report to the board or special magistrate at each
meeting with respect to any foreclosure actions that have been instituted as well as any decision
not to foreclose with respect to a lien.
(f) No lien provided by the Local Government Code Enforcement Boards Act shall continue for a
longer period than 20 years after the certified copy of an order imposing a fine has been
recorded, unless within that time an action to foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose a lien, the prevailing party is entitled to recover
all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation
of the lien affected by the commencement of the action shall not be good against creditors or
subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is
recorded.
(g) The board or special magistrate may issue an order requiring payment of such administrative
costs not to exceed $52,50 when said costs are found to have been incurred as a result of
necessary actions taken by the petitioner to bring about code compliance.
(h) (1)
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10/24/23, 2:43 PM Miami, FL Code of Ordinances
Notwithstanding any other provision contained in the Code, the city manager may authorize a subordinate
lien position on loans for the finance or refinance of construction improvements, or release or satisfy any
lien placed on a property by the city or by any of its agencies and instrumentalities if:
(i) The property is used for the development or rehabilitation of affordable homeownership
or rental housing projects by a project sponsor that has been allocated funds by the city
commission or the city housing and commercial loan committee for such project, or
(ii) The property is located in a neighborhood development zone or its equivalent as defined
within the effective community development block grant program approved by the city
and accepted by the United States Department of Housing and Urban Development, as
may be amended, and is used for the development or rehabilitation of affordable
homeownership or rental housing projects in accordance with the city's five-year
consolidated plan, as amended.
(2) City liens which may be subordinated, released or satisfied include but are not limited to:
demolition liens, lot clearing liens, solid waste liens, code enforcement liens and nuisance
abatement liens.
(3) (i) The lien or liens on the property shall not be released or satisfied, but may be
subordinated, unless all certificates of occupancy required for the project, or their
equivalent, are issued. The lien or liens on the property shall not be subordinated,
released or satisfied if, in the judgment of the city manager, circumstances relating to the
project make the release or satisfaction inappropriate or unwarranted.
(ii) If a certificate of occupancy for an affordable housing project is not issued within 24
months of the lien or liens being subordinated, the subordination of the lien or liens shall
become null and void unless the city manager approves an extension for the certificate of
occupancy to be issued.
(4) The city shall record any subordination, release or satisfaction in the public records of the
county.
(5) The city shall not release or satisfy any lien on a property owned by the person whose actions
resulted in the lien being placed on the property. The city shall not release or forgive any lien
on a property owned by an immediate family member or a firm, corporation, partnership or
business entity of a person whose actions resulted in the lien being placed on the property.
For purposes of this section, the term "person" shall mean any individual, business,
corporation partnership, firm, organization or other type of entity or association. For
purposes of this section, the term "immediate family member" shall mean spouse, child,
parent, niece, nephew, aunt, uncle, grandparent, grandchild or anyone having one of these
relationships by law.
(6)
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10/24/23, 2:43 PM Miami, FL,Code of Ordinances
Release or subordination of a lien under this section shall not prohibit the city from collecting the
underlying fine/sum due by other legal means. Release of a lien pursuant to this section shall not be
deemed to mean that a violation underlying the lien has been cured.
(Ord. No. 9224, § 7, 12-17-80; Ord, No. 9470, § 1, 7-29-82; Ord. No. 10370, § 1, 1-14-88; Ord. No. 10720, § 1,
3-22-90; Ord, No. 11214, § 2, 2-9-95; Code 1980, § 2-397; Ord. No, 12272, § 2, 8-22-02; Ord. No. 12360, § 1, 5-
8-03; Ord. No. 12500, § 2, 3-11-04; Ord. No. 12547, § 2, 6-24-04; Ord. No. 12902, § 2, 3-22-07; Ord. No. 12984,
§ 2, 4-10-08; Ord, No, 13103, § 2, 10-8-09; Ord. No. 13142, § 2, 2-11-10; Ord. No. 13225, § 1, 11-18-10; Ord.
No. 13881, § 2, 12-12-19; Ord. No. 13950, § 2, 12-10-20; Ord. No. 13992, § 2, 4-22-21; Ord. No. 14017, § 2, 9-
13-21; Ord. No. 14057, § 2, 3-10-22; Ord. No. 14123, § 2, 11-17-22)
about:blank 5/5
I : IT "E"
Prepared by and return to:
Gary Richard Laufenberg
Cooperative Title Agency of Florida, Inc.
9700 Griffin Road
Cooper City, FL 33328
(954) 392-9994
File No 20-292
Parcel Identification No 01-3124-019-0570
CFN: 20200500264 BOOK 32084 PAGE 3441
DATE:09/03/2020 09:13:05 AM
DEED DOC 1,560.00
SURTAX 1,170.00
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
WARRANTY DEED
(STATUTORY FORM — SECI1ON 689.02, KS.)
This indenture made the 3 \ day of August, 2020 between Rebecca" Garrison Young, a
single -woman, whose post office address is 1.7924 Southwest 33rd Court, Miramar, FL 33029
, Grantor, to Flores Capital Realty Inc, a Florida Corporation, whose post office address is
1749 Northeast Miami Court, Apt 404, Miami, FL 331.32, Grantee:
Witnesseth, that said Grantor, for and in consideration of the sum of TEN DOLLARS
(U.S.$10.00) and other good and valuable considerations to said Grantor in hand paid by said
Grantee, the receipt whereof is hereby ackn.owledged, 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, Florida, to -wit:
Lot 12, Block 3, Corrected Plat of Columbia Park, according to the map or plat
thereof, as recorded in Plat Book 8, Page(s) 114, of the Public .Records of Miami -
Dade County, Florida.
Parcel Identification No. 01-3124419-0570
Street Address: 284 Northwest 45th Street, Miami, FL 33127
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
Subject to taxes for 2020 and subsequent years, not yet due and payable; covenants, restrictions,
easements, reservations and limitations of record, if any.
TO HAVE AND TO HOLD the same in fee simple forever.
And Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in
fee simple, that Grantor has good right and lawful authority to sell and convey said land and that
the Grantor hereby fully warrants the title to said land and will defend the same against the lawful
claims of all persons whomsoever.
WARRANTY DEED
File No.: 20292 Page 1 of 2
•I
CFN: 20200500264 BOOK 32084 PAGE 3442
In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above
written.
Signed, se ed nd delivered in our presence:
WI
Print
WITNESS
Print name:
,Lzk
me y:GWj
becca Garriso
STATE OF FLORIDA
COUNTY OF B WARD
The foregoing Ins ument was acknowledged before me by means of (4/physical presence or ()
online. notari 's 2 day of August, 2020, by Rebecca Garrison Young.
Signature ofITtary Public
Print, Type/S p Name of Notary :11.a me3 Ho
Personally Known:
Type of Identification
Produced:
File No.: 20-292
OR Produced Identification:
Ta_
Jame
Wal ratity Deed
Notary Public State cot FlOritta
James Howie
z My Commission NH 020229
os, of Expires 08/01/2024
Page 2 of 2
I : IT "F"
CCWT-CIAUM DUD
1999 :ISI -- PH L2= 16
RAMCO FORM 8
This fault:Cairn Dud, Executed lhis2 day of
MECCA GARRISON YOUNG, joined by CHARLES O.
first party, to
CHARLES C+. YOUNG and MCA GARRISON YOUNG,
whose pastaffice address is 284 N.W. 45th Street, Miami,
second party:
89R199628
Pig: 14132PC4266
. i 09/ , A. 1.3. 1 )89 by
Y01140, her husband
his wife
Florida
(Wherever wad herein Ihr terms "Brat party" and ernnel party" .hall include rinnutar and plurat, heir., I11141
reprr.enwivn, and .oipo u nl indisidualt, and the umtenort and tusignr u( enrporatinnt, s h r Ihr conkat
to sdmitr or requiter.)
r
ltaltssetfiy That the sold first party. for and in consideration of lite sum of $ 10.00
in hand paid by the said second party. ilte receipt whereof is hereby aclrnou'lot!gad, does hereby remise, re-
lease and quit -claim unto the said second party forever, ail 11te right, title, interest, claim and demand which
the said first party has in and to die following described lot, piece or parcel of land, situate. lying and being
in the County of Dade State of Florida , to -writ;
Lot 12, in Block 3, of CORREC:11a) PLAT OF COLUMBIA PARK, according
to..the Plat thereof, as recorded in Plat Book 8, at Page 114, of
the Public Records of Dade County, Florida;
also known as 284 N.W. 45th Street, Miami, 71orida;
Together with all structures and improvements now and hereafter on said
land, and .fixtures attached thereto, and all rents, issues, proceeds and
profits accruing and to accrue from said premises, all of which are in-
cluded within the foregoing description and the habendun thereof, also all
gas, steam, electric, water and other heating, cooking, refrigerating,
lightisig, plun*dng, ventilating, irrigating and power systems, machines,
appliances, fixtures, and appurterlances, which now are or may hereafter
pertain to, or be used with, in, or on said premises, even though they be
detached or detachable. .
TAIL FOLIO #: 01-3124-019-0570
Grantee t s Soc .al Secur3 Numbers:
REBECCA GARRISON NG
CHARLES 0. •YOUNG
•
oi.1 ff', i rr,l _r, l l•
L!
14aut and to Hold the same together with all and singular the appurtenances ilterourtfa
belonging or in anywise ai.perlairllrip. and all the r•slair. rirrhl. title, interest. Berl, equity and claim whip.
soetrcr of the said first party. chater in tau tar a'quity, to the only proper use. benefit and hchuof of the said
second party forever.
In spid first party ltns signori and waded lltt'so presents the day and year
first ou, turf n.
Si :ale nd dalit'e presenct of:
Writ`'- 3
STATE
COUNT
officer
FLORID
OF .i
}
CA "tom
`GRAMM''0
I HEREBY CERTIFY that on this day, before me, an
my authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personaliy appeared
CCA GARRISON YOUNG, joined by CHARLES 0 . YOUNG, , het husband ,
to tar known to
before me that
WITNESS
JUKE-,
(SEAL)
be the persons described in and who executed the
they executed the tame•
my hand ' and official seal in the County
A. D. 19 89 .
KLGOIMILD OPI 00113(111. A t'S W M"
Or DADL counts, voltiOA. •i
ate(AD ytia Ir OLD
RICKRP.$
BINKER
CLERK CIRCUIT COURT
77u4- h truinet:t pr pa rd by:
Addnem
MORTON D. ZEMES.
ATTORNEY AT LAW. PA.
1eeee i 19t1 AVENUE
Norm 'Album BEACtt. FL. Saiea
foregoing
instrument and they
014, afor Laid t•
y qry y/w.,..i1111W.11..
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mud.ssion '+ ires: Y '.
'OrrIC1AL NO1A19Jf''>i
MORTON O. ZfLI. •
:lalotti public -Stet* ofFlorlti*''t
My Commtssipn £xp June 29,1991