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HomeMy WebLinkAboutBack-Up DocumentsFiling # 195535747 E-Filed 04/04/2024 08:12:26 L . IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR, MIAMI-DADE COUNTY, Fly,OgIPA BellSouth Telecommunications, LLC, a Georgia limited liability company, successor by conversion to BellSouth Telecommunications, Inc., a Georgia corporation, f/k/a Southern Bell Telephone and Telegraph Company, a Georgia corporation, and f/k/a SBT&T Co., a Georgia corporation, successor by merger to Southern Bell Telephone and Telegraph Company, a New York corporation, by virtue of Warranty Deed recorded in Official Records Book 11254, Page 1385, Public Records of Miami -Dade County, Florida., Plaintiff, v. CITY OF MIAMI, a Municipal Corporation, Defendant. SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the complaint in this lawsuit on CASE NO.: 2024-005961-CA-01 Defendant: CITY OF MIAMI, a Municipal Corporation c/o MAYOR DANIELLA LEVINE CAVA 111 N.W. 1st Street, 29th Floor Miami, Florida 33128 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the Complaint. A phone call will not protect you. Your written response, including the case number given above and the naives of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the "Plaintiff/Plaintiff s Attorney" named below. Kimberly Soto, Esquire Florida Bar No.: 93641 Leslie A. Lewis, Esquire Florida Bar No.: 897965 The Lewis Firm 407.647.3428 1220 Commerce Park Drive, Suite 203 Longwood, FL 32779 Court designated email for service: ksoto@thesotolawoffice.com llewis@lewisfirm.com Clerk of Court DATED: BY: 4/5/2024 IMPORTANTE Usted ha sido demandado legalmente. Tiene 20 dias contados a partir del recibo de esta notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una llamada telefonica no lo protegera. Si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes interesadas. Si usted no contesta la demanda a tiempo, pudiese perder el caso y podria ser despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea, puede usted consultar a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal que aparecen en la guia telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su respuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a -la persona denominada abajo como "Plaintiff/Plaintiffs Attorney" (Demandante o Abogado del Demandante). IMPORTANT Des poursuites judiciares ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de l'assignation de cette citation pour deposer une reponse ecrite a la plainte ci-jointe aupres de ce tribunal. Un simple coup de telephone est insuffisant pour vous proteger. Vous etes obliges de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom des parties nommees ici, si vous souhaitez que le tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du tribunal. I1 y a d'autres obligations juridiques et vous pouvez requerir les services immediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un service de reference d'avocats ou a un bureau d'assistance juridique (figurant a l'annuaire de telephones). Si vous choisissez de deposer vous-meme une reponse ecrite, it vous faudra egalement, en meme temps que cette formalite, faire parvenir ou expedier une copie de votre reponse ecrite au "Plaintiff/Plaintiff's Attorney" (Plaignantou a son avocat) nomme ci-dessous. Filing # 195440424 E-Filed 04/03/2024 08:40:35 ,PM , IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR, MIAMI-DADE COUNTY, FLORIDA BellSouth Telecommunications, LLC, a Georgia limited liability company, successor by conversion to BellSouth Telecommunications, Inc., a Georgia corporation, f/k/a Southern Bell Telephone and Telegraph Company, a Georgia corporation, and f/k/a SBT&T Co., a Georgia corporation, successor by merger to Southern Bell Telephone and Telegraph Company, a New York corporation, by virtue of Warranty Deed recorded in Official Records Book 11254, Page 1385, Public Records of Miami -Dade County, Florida., Plaintiff, v. CITY OF MIAMI, a Municipal Corporation, Defendant. CASE NO.: DIV.: COMPLAINT COMES NOW, the Plaintiff, BellSouth Telecommunications, LLC, a Georgia limited liability company, successor by conversion to BellSouth Telecommunications, Inc., a Georgia corporation, f/k/a Southern Bell Telephone and Telegraph Company, a Georgia corporation, and f/k/a SBT&T Co., a Georgia corporation, successor by merger to Southern Bell Telephone and Telegraph Company, a New York corporation, by virtue of Warranty Deed recorded in Official Records Book 11254, Page 1385, Public Records of Miami -Dade County, Florida, (the "Plaintiff" or "BELLSOUTH") by and through the undersigned counsel, and complaining of the Defendant, City of Miami (the "City" or "Defendant") and states as follows: 1 PARTIES 1. Plaintiff is a Foreign Profit Corporation, with a principal address located at 675 W. Peachtree St., NE, Atlanta, Georgia 30375. 2. The City is a municipality located in Miami -Dade County, Florida. 3. Plaintiff owns real property physically described as 6050 N. Miami, Ave., Miami, Florida and identified by folio number 0131130500270 (the "Property"). JURISDICTION & VENUE 4. This is an action for Declaratory Relief pursuant to Chapter 86, Florida Statutes. 5. The amount in controversy exceeds $50,000.00, and jurisdiction is proper in the Circuit Court accordingly. In that regard, Plaintiff has incurred liability for fines exceeding $200,000.00 as to the Property. 6. The Property is physically located in Miami -Dade County, and the venue is proper in the Eleventh Judicial Circuit, accordingly. 7. The City is a proper party to this action, and the court has personal jurisdiction thereover. GENERAL ALLEGATIONS 8. The Property is classified as a residential vacant lot. 9. On February 17, 2021, the Code Enforcement Board found Plaintiff "guilty", with respect to the Property, of violating the following City Code Sections: a. 2180 Failure to maintain lot in a safe, clean condition; not allowing accumulation of debris, trash, [sic] or dense growth of grass. City Code Section 22-116, 117, 118. 1698 b. Failure to register vacant lot with the City of Miami. City Code Sec. 22-15. (the "Violation 2021") (Exhibit A). 2 10. The February 17, 2021 "Final Administrative Enforcement Order" ("FAEO"), associated with the Violation 2021, was recorded in Book 32359, Page 3587, and constitutes a lien on the Property ("Lien 1"). 11. BELLSOUTH learned of the Violation 2021, and Lien 1, when a person contacted BELLSOUTH desiring to purchase the Property and BELLSOUTH obtained a title search which showed Lien 1. (Exhibit B). 12. On July 25, 2022, BELLSOUTH's authorized representative informed the City that the Property had been brought into compliance by submission of a Vacant Lot Registration SR # 22-10279521 and that the trash had been cleared. 13. On July 31, 2022, Inspector Jean Mignott ("Inspector Mignott") issued an "Affidavit of Compliance" indicating that the Property complied with applicable City Code provisions, as of July 31, 2022, on visual inspection. 14. Thereafter BELLSOUTH, through its authorized representatives, engaged in numerous attempts to obtain information on the notices, and the City's file on Lien 1. 15. These attempts included telephone calls and electronic mail and attempts to confirm the dollar amount due as to Lien 1, and to confirm that the daily fine had stopped accruing upon filing of the affidavit of compliance. (Exhibit C) 16. Plaintiff could not obtain any adequate response from the City through these efforts. 17. Thereafter, in January of 2023, a violation was also posted on the Property by Code Enforcement Inspector Bickenson Jean -Noel ("Inspector Jean -Noel") (the "Violation 2023"). 3 18. The Violation 2023 alleges that Plaintiff violated City Code Section 22-116, 117, and 118 regarding maintenance of the lot in "safe, clean condition; not allowing dense growth of grass and trash." 19. BELLSOUTH was ultimately found "guilty" of the Violation 2023. 20. The FAEN, as to the Violation 2023, was recorded in Book 33982, Page 2397, and constitutes a lien on the Property ("Lien 2"). (Exhibit D). 21. As of the date of filing the instant Complaint, the fines associated with the Violation 2021 exceed $130,000.00. Furthermore, Lien 1 remains as a cloud on the title to the Property. 22. As of the date of filing the instant Complaint, the fines associated with the Violation 2023 are approximately $80,000.00. Furthermore, Lien 2 remains as a cloud on the title to the Property. COUNT I: DECLARATORY RELIEF (Failure to Comply with Fla. Stat. § 162.09) 23. Plaintiff reasserts and incorporates by reference paragraphs '1' through '22' as if fully set forth herein. 24. There is a bona fide adverse interest between Plaintiff and the City concerning the City's right to levy, collect, and otherwise encumber the Property, which arises out of alleged code violations by the City against Plaintiff and the Property. 25. Although the City purports to have cited, and found guilty, the Plaintiff for violations of City Ordinance, Plaintiff is in doubt about its obligations to pay fines associated with these citations and proceedings. 26. In that respect, Plaintiff submits that the City failed to abide by the dictates of Chapter 162, Florida Statutes in connection to notices, which were not adequately submitted to the Plaintiff prior to issuance of a fine. 4 27. Fla. Stat. § 162.09, provides that a code enforcement board may not issue a fine, until "due notice and hearing". It appears then, that fines issued by the code enforcement board without due notice are invalid as a matter of law. 28. Fla. Stat. § 162.12, governs the form of Notice and indicates that the city must send notices via "certified mail". See Fla. Stat. § 162.12(1) (2023). The statute likewise indicates that while "additional" notice can be made by hand delivery; at the violator's place of residence; with the manager of a commercial residence; or by publication — these methods are specifically listed as additional forms, not as a substitute for notice by certified mail. Id. 29. Furthermore, while the same provision indicates that posting may be sufficient to comply with the notice requirements, that is the case only where there is "evidence that an attempt has been made to hand deliver or mail notice [by certified mail]" to the violator. See Fla. Stat. § 126.12(3) (2023). 30. Here, there is no evidence that the City attempted to give notice to the Plaintiff by hand delivery or certified mail to the address listed in the tax collector's office for tax notices prior to simply posting the notices. 31. Furthermore, even assuming arguendo that Notices were adequately mailed or deliver to Plaintiff, they indicate that Plaintiff is in violation of the "following laws": "City Code Section 22-116, 117, and 188" however, these provisions are inapplicable to the violations at issue. 32. Instead, it appears that City Code § 19-13, governing "maintenance of lots in residential - zoned districts" is applicable to the purported violations. 5 33. As such, even if the notices were sent in compliance with Chapter 126, they were insufficient to put Plaintiff on notice as to what ordinance or code provision had been violated. 34. Given the foregoing deficiencies, Plaintiff is in reasonable doubt regarding its obligation to pay any purported fines levied by the City, particularly in the amounts due and owing. 35. Plaintiff is entitled to have the doubt removed by declaration pursuant to Fla. Stat. §§ 86,.101; 86.021. WHEREFORE, Plaintiff demands judgment and declaration that: A. City failed to furnish adequate notice as required by Fla. Stat. § 126.12, because (a) the notices of violation were not mailed, via certified mail to the proper address; and/or (b) there was no adequate evidence of attempts to hand deliver or mail certified notice, prior to posting; and/or B. The notice purportedly sent was defective because it failed to adequately and correctly indicate the "law" which Plaintiff violated; and C. Accordingly, because the Board was not authorized to issue any fines, without "due notice" pursuant to Fla. Stat. § 126.09, none of the fines levied by the City are effective or valid. COUNT II: DECLARATORY RELIEF (Violation of Due Process and/or Excessive Fine) 36. Plaintiff reasserts and incorporates by reference paragraphs '1' through '22' as if fully set forth herein. 37. There is a bona fide adverse interest between Plaintiff and the City concerning the City's right to levy, collect, and otherwise encumber the Property, which arises out of alleged code violations by the City against Plaintiff and the Property. 6 38. Although the City purports to have cited, and found guilty, the Plaintiff for violations of City Ordinance, Plaintiff is in doubt about its obligations to pay fines associated with these citations and proceedings. 39. More specifically, Plaintiff submits that the fine is excessive in violation of the Eighth Amendment to the United States and Florida Constitution. 40. When a fine is punitive in nature, it comes within the scope of the Eighth Amendment, even if the fine is levied in a civil context. See Wells v. State, 369 So. 3d 1176 (Fla. 5th DCA 2023). 41. A civil fine that is punitive in nature is invalid, as a violation of the excessive fines clause. 42. Additionally, the statute which was apparently violated by Plaintiff is void because it violates substantive due process. In that regard, the statute is oppressive and arbitrary, so that it does not serve a permissive legislative purpose. See e.g., Ilkanic v. Cty of Ft. Lauderdale, 705 So. 2d 1371 (Fla. 1998). 43. In that regard, the statute imposes an oppressive liability on landowners for actions that the landowner did not commit, and in most circumstances cannot control or protect against with reasonable measures. 44. The statute (which was not cited by the City but presumptively applies) provides that a landowner is responsible for preventing "growth or accumulation" of weeds, and grass, but also must "prevent" the "storage or maintenance of junk, trash, abandoned property or solid waste on any lot." 45. This requirement is exceedingly burdensome for a vacant lot, on which no owner resides. 7 46. Because the statute violates due process, and the fines that have been levied violate the eighth amendment excessive fines clause, Plaintiff is in doubt about its obligations vis-a- vis the payment of the fine, or the validity of any fine issued. 47. Plaintiff is entitled to have the doubt removed by declaration pursuant to Fla. Stat. §§ 86,.101; 86.021. WHEREFORE, Plaintiff demands judgment and declaration that: D. The statute violates substantive due process rights, because it imposes an undue burden and is oppressive; and/or E. The fine imposed by the city is so gross that it is punitive and constitutes an unreasonable punishment under the Eighth Amendment; and F. Accordingly, because the statute is unconstitutional, and/or the punishment levied violates the constitution, Plaintiff is not responsible to pay the fine at issue. COUNT III: PROMISSORY ESTOPPEL 48. Plaintiff reasserts and incorporates by reference paragraphs '1' through '22' as if fully set forth herein. 49. Issues between the City and Plaintiff first occurred in 2021, when Plaintiff was originally cited for failing to `register' the Property as a vacant property and for trash accumulation on the Property. 50. Thereafter, Plaintiff attempted to remedy the issues and communicate with the City regarding the violation. 51. In fact, the Plaintiff did register the Property as a vacant lot, and specifically contacted the City regarding "clearing" up any violation of the Property and restoring it. 8 52. In July of 2022, Plaintiff informed the City that "this property is now in compliance" and insisted that the City "show this property as in compliance" and "complete the paperwork that indicates compliance." 53. In response the City requested a copy of the vacant property registration. 54. Thereafter the City refused to respond or make further communication with the Plaintiff, although Plaintiff continued to email the City regarding the request. 55. Plaintiff submits that the City, by requesting the vacant property registration and thereafter refusing to respond to any further communications from Plaintiff, implicitly represented that the violations were remedied and that the Property complied with requisite ordinances. 56. Plaintiff relied on this representation, and any action by the City thereafter is contrary to their position with respect to the Property. WHEREFORE, Plaintiff demands judgment and all damages available under applicable law. COUNT IV: QUIET TITLE 57. Plaintiff reasserts and incorporates by reference paragraphs '1' through '22' as if fully set forth herein. 58. Plaintiff holds valid title to the Property. 59. Plaintiff obtained title by Warranty Deed, duly executed February 27, 1981, from American Telephone and Telegraph Company, as grantor. (Exhibit E) 60. Presently, there exists a cloud on the title of the Property. 61. More specifically, there are two liens, presently recorded and which constitute a cloud on the title by the mere fact of their recording. See e.g., In re Lowe, 250 B.R. 422 (M.D. Fla. 2000). (Exhibit A) (Exhibit D). 9 62. The first lien is associated with Case Number CE20200011754 [CFN # 20210128823] is recorded in Book 32359/Page 3587, and which has accrued fines totaling $137,500.00. (Exhibit A). 63. The second lien is associated with Case Number CE00035356 [CFN # 2023084004] is recorded in Book 33982/Page 2397, and which has accrued fines totaling $80,000.00. (Exhibit D). 64. Each of these liens constitutes an independent cloud on the title to the Property, which Plaintiff is entitled to have removed by this Court. 65. The liens are invalid and must be removed because: a. The City failed to furnish adequate notice, prior to adjudicating Plaintiff guilty of violating certain city ordinance provisions; and/or b. No fines were authorized without due notice; and/or c. The fines upon which the liens are based are excessive in violation of the Eighth Amendment; and/or d. The statute allegedly violated, and upon which the liens were ultimately placed violates due process because it is unduly burdensome. 66. For any or all reasons, the liens are invalid, and constitute an improper cloud on the title to the Property. WHEREFORE, Plaintiff demands judgment removing the respective liens and quieting the title to the Property in Plaintiff, and those claiming under the Plaintiff and adjudging the Plaintiff to have a good fee simple title to the Property thereby cleared of the cloud. See Fla. Stat. § 65.061 (2023). 10 COUNT V: FRAUDULENT LIEN [Fla. Stat. § 817.535] 67. Plaintiff reasserts and incorporates by reference paragraphs '1' through '22' as if fully set forth herein. 68. The City has recorded two liens against the Property. 69. First, CFN # 20210128823, which is recorded on Book 32359/Page 3589. (Exhibit A). 70. Second, CFN # 20230843004, which is recorded on Book 33982/Page 2397. (Exhibit D). 71. Each of these liens is false, fraudulent, or otherwise contains false representations. 72. Section 817.535, Florida statutes creates a private right of action in "[any] person adversely affected by an instrument filed in the official records which contains a materially false, fictitious, or fraudulent statement or representation." See Fla. Stat. § 817.535(8)(a) (2023). 73. A document is "filed" within the meaning of the statute when it is "presented for recording in an official record" or "caused to be presented for recording in an official record." Id. at (1)(a). 74. An "official record" means "the series of instruments, regardless of who they are maintained which a clerk of the circuit court, or any person or entity designated by general law, special law, or county charter, is required or authorized to record." Id. at (1)(d). 75. An "instrument" specifically includes a "claim of lien" or any other "document that relates to or attempts to restrict the ownership, transfer, or encumbrance of or claim against real or personal property, or any interest in real or personal property." Id. at (1)(c). 76. The liens in the instant case were "filed", in an "official record" and constitute "instruments" within the meaning of the statute. 77. The liens contain false information, because each document purports to represent a valid code violation and asserts a right to a lien with respect to "accrual of [] daily fine[s]." 11 78. The finding of guilt, or violation, is invalid as a matter of law because Plaintiff had no "due notice" as required by Chapter 162, as a requisite to imposition of any fine. 79. In that regard, any purported notice was not adequately "mailed" to Plaintiff and regardless, did not adequately advise of the code provision that Plaintiff had allegedly violated. 80. Furthermore, the liens were recorded with the full knowledge that the provision at issue is unconstitutionally oppressive and arbitrary, in violation of the due process clause. 81. Plaintiff has been "adversely affected" because the Property is subject to over $200,000 of false liens; there is a cloud on the title to the Property; and Plaintiff has been unable to resolve the liens with the City although Plaintiff has made diligent attempts to do so. 82. Furthermore, based on the City's current course of action, where it refuses to work with Plaintiff regarding the liens, and/or consider reduction of the egregious fines imposed, notwithstanding the fact that the Property has been deemed "in compliance" by the City evidences its intent o harass Plaintiff, which entitles Plaintiff to additional damages. WHEREFORE Plaintiff demands judgment, and A. Order of this Court determining that each lien document is void in its entirety; and B. Sealing the documents from the official records; and C. Removing from any electronic database used for indexing or locating the instruments, the liens; and D. Enjoining the City from filing any additional liens with respect to the Property, or the Plaintiff; and E. Awarding actual damages, and punitive damages (to the extent approved on motion for leave); and 12 F. Imposing; and Imposing asana ie attorneys fees and costs against th i . Awarding a r,y other relied` deemed gust and ne Submitted this h 2024. inibcrly Soto, squire I lorida Isar No 93641 Leslie A. Lewis, E squire FloridaBar l ln. 8 796 1 LewiskFirm 7.647.428 12 0 Comnerce Park Dri 1 on wvood. L3279 277 ; Court designated email for se ksoto(c thesot l aW(). % C.CO ri iie is THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. SO BELL TEL &TEL CO TAX ADM OFFICE PO PDX 7207 BEDMINSTER, NJ 07921 0792 Tenant; FINAL ADM$NISTRATIV CFN: 20210128823 BOOK 32359 PAGE 3587 DATE:02/19/2021 12:37:04 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY February 17, 2021 OR: 0E2020011754 Case No: 0E2020011754 Address: 6050 N MIAMI AV Folio: 0131130500270 Legal: NORTH ROCKMOOR TR PB 4-181 LOT 14 BLK 2 LOT SIZE 60,000 X 40 Hearing Date: February 10, 2021 ENFORCENT ORDE The Code Enforcement Board has found you guilty of violating the following laws: - 2180 Failure to maintain lot in a st Section 22-116, 117, 118 1698 Failure to register vacant lot with the City of Miami, City Code SEC 22-115 Iean condition; not allowing accumulation of debris, trash or dense growth of grass, City Cede You are hereby ordered to correct said violation by February 11, 2021. If you fail to comply by said date, you will thereafter be fined the sum of $260 per day, It Is your responsibility to advise the Inepeotor immediately after the violation hae 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 l 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 andtccupational License of any business occupying this property may be suspended or withheld. Operating a business without all required Iloenses 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 Jason MEgnott at Cell Phone Number: (786) 696-0221 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 dooument on file dated February 17, 202'1 of the Code Enforcement Board. Officially filed and rendered on February 17, 2021 in the records of the City of Miami, Hearing Boards. Prepared by:_ Olga Zamora Deputy Cleric of Hearin Bards Exhibit A First Amel n Schedule A ALTA Cpmmitment )r Title Insurance ISSUED BY First American Title Insurance Company File No: 1062-6066451 Transaction Identification Data for reference only: Issuing Agent: Palm Title Corporation ALTA Universal ID: Commitment Number: Property Address: 6050 N MIAMI AVE, MIAMI, FL 33127 Issuing Office: Loan ID Number: Issuing Office File Number: PTAV222-096 Revision Number: SCHEDULE A 1. Commitment Date: May 18, 2022 @ 8:00 AM 2. Poll to be issued: (a) 2006 ALTA® Owner's Policy Proposed Insured: Andy Diaz and Ninfa Diaz, husband and wife Proposed Policy Amount: $150,000.00 (b) ® 2006 ALTA® Loan Policy Proposed Insured: Proposed Policy Amount: $ (c) ® 2006 ALTA® Loan Policy Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Southern Bell Telephone and Telegraph Company, a New York corporation 5. The Land is described as follows: See Exhibit "A" attached hereto and made a part hereof Palm Title Corporation By: Authorized Signatory This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions, Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030012(5-16-17) Page 4 of 10 ALTA Commitment for Title Insurance (8-1-16) with Florida Modifications Florida First American Schedule BI ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: 1062-6066451 Issuing Office File Number: PTAV222-096 SCHEDULE B-I Requirements All of the following Requirements must be met: The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. 34' Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Warranty Deed conveying the land from Southern Bell Telephone and Telegraph Company, a New York corporation , to Andy Diaz and Ninfa Diaz, husband and wife. In connection with said deed, we will further require: 1) Certified copy of a Board of Directors resolution setting forth the terms, conditions and consideration for which the corporation. is authorized to convey its property. The resolution must further identify the officers authorized to execute the deed and other closing documents on behalf of the corporation; 2) Certified incumbency certificate showing the identity of the officers authorized to execute the conveyance on behalf of the corporation; 3) The corporation must have been formed prior to, the date the corporation acquired title to the land; 4) Certificate from the Secretary of State of the state of origin of said corporation's current good standing; 5) If the property constitutes all or substantially all of the corporation's assets and the sale is not in the usual and regular course of the corporation's business, the Company shall further require shareholder approval for the transaction obtained in compliance with the State's statutory requirements; and 6) The Company reserves the right to amend the commitment, including but limited to, the addition of further requirements and/or exceptions as it deems necessary based upon a review of any of the documentation required above. Record release of Code Enforcement Lien recorded in Book 32359, Page 3587 which was assessed against the insured property together with evidence that the code violation on which said lien is based has been corrected in accordance with the requirements of the Code Enforcement Board imposing said lien. 6. Record a Satisfaction or Partial Release of the land described in Schedule A from the cross -attaching Code Enforcement Lien(s) listed below, together with any additional cross -attaching Code This page Is only a part ofa 2016ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030012 (5-16-17) Page 5 of 10 ALTA Commitment for Title Insurance (8-1-16) with Florida Modifications Florida Enforcement Lien(s) reve-'^d by title up -date immediately prior issuanr- of the policy. Code Enforcements Lien(s) to L .satisfied or released: 17/ Book 32766, Page 4764 and Book 31845, Page 731 Satisfactory verification from appropriate governmental authorities that any and all unrecorded Special Taxing District Liens, City and County Special Assessment Liens, MSBU Assessment Liens, Impact Fees, and Water, Sewer and Trash Removal Charges, have been paid. Proof of payment of taxes and assessments for the year 2021, and prior years, plus any penalties and interest. Note: The following is for informational purposes only and is given without assurance or guarantee: 2021 taxes show PAID. The gross amount is $622.07 for Tax Identification No. 01-3113-050-0270. If the amount of insurance to be issued exceeds the authority of the agent under the existing Agency Agreement with the Company, the Company requires that the agent obtain specific underwriting approval from First American. NOTE: The name or names of the proposed insured(s) and/or the amount of requested insurance under the Owner's/Loan Policy to be issued must be furnished and this Commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. NOTE: Because the land appears of record to be unencumbered, the Company requires that the affirmative declarations of the title affidavit, which includes a representation that there are no mortgages or other liens against the land whether recorded or not recorded, be properly emphasized before execution. Just as in all transactions, every seller/borrower must be encouraged to disclose any off record encumbrance, lien, or other matter that may affect title before the Company is willing to rely upon the representations contained within the title affidavit. This transaction may be subject to a Geographic Targeting Order ("GTO") issued pursuant to the Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the closing. This transaction will not be insured until this information is submitted, reviewed and found to be complete. NOTE: The following conveyance(s) have been recorded within the last 24 months: None This page Is only a part ofa 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions Copyright 2006-2016 American Land Title Association. Alt rights reserved. The use of this Form (or any derivative thereof) Is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030012 (5-16-17) Page 6 of 10 ALTA Commitment for Title Insurance (8-1-16) with Florida Modifications Florida ANY t Exhibit A First American ISSUED BY First American Title Insurance Company Fife No: 1062-6066451 Issuing Office File Number: PTAV222-096 The land referred to herein below is situated in the County of MIAMI-DADE, State of Florida, and described as follows: Lot 14, Block 2, NORTH ROCKMOOR TRACT, according to the Plat thereof, as recorded in Plat Book 4, at Page 181, of the Public Records of Miami -Dade County, Florida. Less and Excepting that certain Parcel of land conveyed by a Quitclaim Deed from American Telephone and Telegraph Company to the City of Miami dated April 30, 1954 and recorded in Deed Book 3925, Page 350 of the Clerk of Circuit Court, Miami -Dade County, Florida, being more particularly described as follows, to -wit: The East 10 feet and the South 10 feet of Lot 14, Block 2, of NORTH ROCKMOOR TRACT, according to the Plat thereof, as recorded in Plat Book 4, at Page 181, of the Public Records of Miami -Dade County, Florida. This page is only a part of a 2016 AL TA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 9, Part I -Requirements; and Schedule B, Partll-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030012 (5-16-17) Page 10 of 10 ALTA Commitment for Title Insurance (8-1-16) with Florida Modifications Florida Page 1 of 1 City of Miami July 31, 2022 THE CITY OF MIAMI VS. SO BELL TEL & TEL CO TAX ADM OFFICE PO BOX 7207 BEDMINSTER, NJ 07921. 07921 Tenant: CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case No: CE2020011754 Address: 6050 N MIAMI AV Hearing Date: February 10, 2021 Folio: 0131130500270 Legal: NORTH ROCKMOOR TR PB 4-181 LOT 14 BLK 2 LOT SIZE 50.000 X 90 CR: CE2020011754 Affidavit of Compliance Subject Property: 6050 N MIAMI AV Folio: 0131130500270 I, Jason Mignott, Inspector for the City of Miami, being duly sworn, deposed and says: 1. On July 31, 2022, I conducted an inspection of the property cited for violation(s) in the above -styled 2. The inspection and a review of applicable records indicate that the violation(s) pertaining to this case were corrected on July 31, 2022. matter. Name of Inspector: Jason Mignott Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell Phone Number: (786) 696-0221 Office Phone Number: (305) 416-2087 Email: jamign.ott@miamigov.com Jason Mignott Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE .ME THIS c2 'G+'LC Z- Print Notary Name Personally know / or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath DAY OF Notary Pub My Commi c State of Hot a ion Expires: � Y"r�B.,, ROBERTO GONZALEZ ���n•; Notary Public - Mato of Flatidu Commission N IIN 12(1994 ' pow, My -Comm, Expires Apt 22, 2029 Bonded through National Notary Assn, Exhibit C ht-tp://lmprod01/cityviewweb/PrintAll/uavyo4ybx3pb1p45byg50545/Page409 0001.html 9/12/2022 • * Efff team * 0 tt THE CITY OF MiAMI, FLORIDA CODE ENFORCEMENT BOARD vs. SO BELL TEL & TEL CO TAX ADM OFFICE 1010 PINE Sr, 4OE-L-01 ST.OLOUIS MO 63101 Teat CFN: 20230843004 BOOK 33982 PAGE 2397 DATE:11/27/2023 12:42:34 PM JUAN FERNANDEZ-BARQU IN CLERK OF THE COURT & COMPTROLLER MIAMI-DADE COUNTY, FL 11/13/2023 Case Number 00035356 Addre%: 6050 N MIA MI AV RAUO: 0131130500270 Legal Description of the Property: NORTH ROCKMOOR TR PB 4-181 LOT 14 BLK 2 LOT SIZE 50.000 X 90 FINAL ADMINISTRATIVE ENFORCEMENT NOTICE - EEO The Code Enforcer -at Board has found you guilty of violating the following laws: 2180 - Failure to maintain lot in a safe, clean =Wm not allowing accumulation of debris, trash or dense growth of grass.. City Code Section 22-116, 117, 118 You are haeby ordered to contact said violation by Nov 13, 2023. If you fail to comply by said date, you will thereafter be fined the sum of $1000.00 per day. It is your responsability to advise the Inspecbr immediately after the violation has been collected to obtain an Affidavit of Compliance. Failure to obtain an Affidavit of Compliance will result in the continuing accrual of the daily fine. This Order shall constitute a lien against the above referenced property and any otherreal or pesonal property that you own once it is recorded in the Public Records of Mani -Dade County. LIENS THAT REMAIN UNPAID FOR THREE (3) MONTHS MAY BE FORECLOSED IN COURT. In addition, the Certificate of Use and Occupational License of any business occupyirrj this property may be suspended or withheld. Operating a business without all required licenses is illegal under state and city law and is punishable by criminal arrest and/or dosing the business. City of Miami Code Enforcement Board This is to certify that the foregoing is a true and correct copy of the document on file dated Nov 13, 2023 of the Code Enforcement Board. Officially filed and rendered on Nov 13, 2023 in the records of the City of Miami, Hearing Boards. Prepared Olga Zamora Chief of Hearing Boards • • „ Exhibit D was* ikar.* N•- , r+� It • WARRANTY ` KED) + TNIS.2XNfEN'TURia, ► ,de this t""' day of ,• 1981, between • AMERICAP$ T*L.EP. ONE AND TELEGRAPH Cf MPANY,-'a Newt York, porpr�ra t attav1ng its pripcipal.. place of busin+Ass in the`City, txf.New Y•orf(, natty -of 'New,York,• and Suite' of ,New•Yai^i�, party A,i; 'the;first ...and brt t nd 50U'�N t ..' • ;.'. ,...i . �;.• .. F.DtNBLS L' ,1�Ei EPKODV AND. t'EL`EGR k+A!i Pkj, CoMPI, ;a NelpYT'ork.'rrorporation• havin§ i•ts pr1'ncipal Place of •iwtiness in the'City of Atlanta,, County' of Fulton and State of Georgia, party of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of Fight Thousand nne Hundred Four and 34/100 noilars (S8,104.34) to it in hand paid, the receipt whereof A s hereby acknowledged, has granted. bargained and sold to the said party of the second part. its successors and assigns forever. the following described land. situate,j yang and being in the County of Dade and State of Florida. to -wit: Commence at the northeast corner of Block 2, Fulford Villas Amended Plat, as recorded in Plat Rook 21 at Page 24 of the publicrecords of Dade County, Florida; thence run West along the north line of said Block 2 for a distance of 88.30 feet to a point; thence run S Cr 15' 34" W for a distance of 52,33 feet to a point; thence run east along a line parallel to the north line of said Block 2 for a distance of 71.55 feet to a point on the east line of said Block 2; thence run it 17 59' 00" E along the east line of said Block 2 for a distance of 55.02 feet to the Point of Beginning. Being the same land conveyed by Warranty Deed to the rrantor herein by Peoples First Rational Rank of !earth Miami Reach. dated February-1 O. 1972. and recorded in Deed Book 7574, Page 60, in the Office of the Clerk of Circuit Court, Dade County.• Florida. • And the said party of the first part does hereby fully warrant the title to said land. and will defend the same against the lawful claims of all persons whomsoever. 1 .n...w.,.N.M Sarre+ tlrl.AIS A of Tnlor:h• and Talograph anPltnj', 100 Edgurood Ave., X, X. Atlanta. (iwortia 30303 ' IN .WITNESS WNERFClF the said, part • of •t a first • y �!. part has . , caused• thee presents'�to' bcr signed in fits name by i•ts'Vice:Prex1dent- . • Southern ,Region, Lohg •Lines Department. and •its corporate sba,1 to be, • 'a•ffixed•, attesied ,by'itsAsistant Secretary,• the•,day and year first STATE OF GErORGIA COUNTY OF FULTON 9efore me, a personally appeared J. AmE'itI c • TELEPHONE At PTfLEG e Pres •ent ong Lines ne ATTEST: !iy ss1S 'ant Sec notary public in and for said county and state. A. Myers, to me personally known to he Vice President -Southern Region for American' Telephone and Telegraph Company, Long Lines Department. who acknowledged before ne that he executed the within instrument as such Vice President -Southern Region for said corporation, under powers granted by its Roard of nirectors, and that such execution was the free act and deed of said corporation. IN WITNESS WHEREOF, l hereunto set my hand and offick at Atlanta. Georgia this .,,j day of STATE OF NEW JERSEY COUNTY OF SOMERSET I hereby certify that on this day before me, an officer duly authorized in the state aforesaid and the county aforesaid to take acknowledgments. personally appeared J. N. Peters. to me known and known to be the person described in and who executed the foregoing instrument as Assistant Secretary of the corporation named therein, and personally acknowledged.before me that he executed the same as an officer in the name and on behalf of said corporation. i �,L Given under my hand and seal this day o 1981. .,A Filing # 195440424 E-Filed 04/03/2024 08:40:35 pm,. FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) I. CASE STYLE IN THE CIRCUIT/COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA BellSouth Telecommunications, LLC Plaintiff vs. City of Miami, a Municipal Corporation Defendant Case # Judge II. AMOUNT OF CLAIM Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose. ❑ $8,000 or less ❑ $8,001 - $30,000 ❑ $30,001- $50,000 O $50,001- $75,000 ❑ $75,001 - $100,000 ® over $100,000.00 III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines. 1 CIRCUIT CIVIL ❑ Condominium ❑ Contracts and indebtedness ❑ Eminent domain ❑ Auto negligence ❑ Negligence —other ❑ Business governance ❑ Business torts ❑ Environmental/Toxic tort ❑ Third party indemnification ❑ Construction defect ❑ Mass tort ❑ Negligent security ❑ Nursing home negligence ❑ Premises liability —commercial ❑ Premises liability —residential ❑ Products liability ❑ Real Property/Mortgage foreclosure ❑ Commercial foreclosure ❑ Homestead residential foreclosure ❑ Non -homestead residential foreclosure El Other real property actions ❑ Professional malpractice ❑ Malpractice —business ❑ Malpractice —medical ❑ Malpractice —other professional ❑ Other ❑ Antitrust/Trade regulation ❑ Business transactions ❑ Constitutional challenge —statute or ordinance ❑ Constitutional challenge —proposed amendment ❑ Corporate trusts ❑ Discrimination —employment or other ❑ Insurance claims ❑ Intellectual property ❑ Libel/Slander ❑ Shareholder derivative action ❑ Securities litigation ❑ Trade secrets ❑ Trust litigation COUNTY CIVIL ❑ Small Claims up to $8,000 ❑ Civil ❑ Real property/Mortgage foreclosure 2 ❑ Replevins ❑ Evictions ❑ Residential Evictions O Non-residential Evictions O Other civil (non -monetary) COMPLEX BUSINESS COURT This action is appropriate for assignment to Complex Business Court as delineated and mandated by the Administrative Order. Yes 0 No IV. REMEDIES SOUGHT (check all that apply): © Monetary; ❑x Nonmonetary declaratory or injunctive relief; ❑x Punitive V. NUMBER OF CAUSES OF ACTION: [ ] (Specify) 5 VI. IS THIS CASE A CLASS ACTION LAWSUIT? ❑ yes Cl no VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? ❑x no ❑ yes If "yes," list all related cases by name, case number, and court. VIII. IS JURY TRIAL DEMANDED IN COMPLAINT? ❑ yes © no IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE? ❑ yes © no I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425. Signature: s/ Kimberly Marie Soto Fla. Bar # 93641 Attorney or party (Bar # if attorney) Kimberly Marie Soto (type or print name) 04/03/2024 Date - 3 -