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HomeMy WebLinkAboutBack-Up DocumentsFiling # 202179897 E-Filed 07/09/2024 06:11:36 PM IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. CASE NO.:2024-012364-CA-01 2930 NE 2ND LLC. Plaintiff, v. CITY OF MIAMI, Defendant. SUMMONS TO: CITY OF MIAMI c/o FRANCIS SUAREZ, CITY OF MIAMI MAYOR MIAMI CITY HALL 3500 PAN AMERICAN DR. MIAMI, FL 33133 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 attached complaint/petition with the clerk of this circuit court. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the Court to hear your side of the case. If you do not file your written response on time, you may lose the case, and your wages, money, and property may be taken thereafter 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 serve a copy of your written response on the party serving this summons. Page 1 of 2 David A. Blansky, Esq. Fla. Bar No. 1033002 DUNN LAW, P.A. 66 West Flagler Street, Suite 400 Miami, Florida 33130 Phone: (786) 433-3866 Direct: (786) 534-3669 Fax: (786) 260-0269 dblanskyAdunnlawp a. com Counsel for Plaintiff DATED ON 7/11/2024 CLERK OF By Page 2 of 2 Deputy Clerk Juan Fernandez-Barquin, Clerk of the Court and Comptroller Filing # 201823060 E-Filed 07/02/2024 05:05:07 PM IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 2D t — I0364 Cbt-A- C) I 2930 NE 2ND LLC, Plaintiff, v. CITY OF MIAMI, Defendant. COMPLAINT TO QUIET TITLE 2930 NE 2nd LLC, a Delaware limited liability company ("Plaintiff"), sues City of Miami, a municipal corporation and political subdivision of the State of Florida ("City" or "Defendant"), and alleges as follows: PARTIES, JURISDICTION, AND VENUE 1. This is an action to quiet title in real property located in Miami -Dade County, Florida pursuant to FLA. STAT. § 65.061. 2. Plaintiff is a Delaware limited liability company and owns real property located in Miami -Dade County, Florida, which property is at issue in this dispute. 3. Defendant is a municipal corporation and subdivision under the laws of the State of Florida and is located in Miami -Dade County. 4. The Property (as defined below) at issue in this litigation is located within Miami - Dade County, Florida. Thus, venue is proper in Miami -Dade County, Florida pursuant to FLA. STAT. § 47.051, and this Court has jurisdiction over the subject matter of this action pursuant to FLA. STAT. § 26.012(2)(g). GENERAL ALLEGATIONS 5. Since on or about June 28, 2019, Plaintiff has owned the property located at 2923 NE 2 Ave., Miami, Florida 33128 (the "Property"), which is legally described as: Lots 7 and 8, Block 12, BROADMOOR, according to the plat thereof recorded in Plat Book 2, at Page 37, of the public records of Miami -Dade County, Florida. 6. Plaintiff is the owner of the Property, and deraigned title by virtue of that certain Warranty Deed dated June 28, 2019 and recorded at Book 31520, Page 1294, in the Public Records in and for Miami -Dade County, Florida on July 11, 2019. 7. In or about August 2021, Plaintiff entered into a license agreement with Raw & Refined LLC permitting its use of certain space on the Property for parking and operating a food truck. 8. Raw & Refined LLC represented to Plaintiff that it had "obtained or shall obtain all the necessary permits, licenses, registrations and approvals" to operate at the Property. 9. Plaintiff subsequently learned that Raw & Refined LLC was operating without a license and placed a tent and pavers on the Property without a permit and without Plaintiff's approval. 10. On November 5, 2021 violation reference nos. 2285, 2278, 2315 and 2104 were issued arising from Raw & Refined LLC's operations at and use of the Property. The Notice of Violations are annexed hereto as Exhibit A. 11. Raw & Refined LLC had been directed to correct the violations by November 15, 2021 and to notify the inspector that the violations had been corrected. 12. Raw & Refined LLC failed to comply with the Notice of Violations and also ceased paying Plaintiff pursuant to the license agreement. 13. Plaintiff notified Raw & Refined LLC of its defaults under the license agreement in early November 2022. 14. At a Code Enforcement Board Hearing on March 3, 2022, the Code Enforcement Board of the City found that Plaintiff violated the following laws: • Violation No. 2285 - Not in compliance with a Temporary Event Permit, a Temporary Occupancy Permit, or a Temporary Use Permit. City Code Chapter 62, Article XIII , Divisions 1, 2, and 3 • Violation No. 2278 - Failure to have a valid Business Tax Receipt or operating outside of the scope of BTR per chapter 31. City Code Chapter 31 • Violation No. 2315 - Failure to comply with requirements for food trucks (First Offense). City Charter Chapter 31 Art. 2 Section 31-51 • Violation No. 2104 - Work performed without a permit and/or permit not finalized. City Code SEC 10-3 (FBC 104, 105), Miami 21 section 7.1.2. 15. On March 4, 2022, the Board issued an Order establishing a deadline of March 4, 2022 to achieve compliance and imposing a daily fine of $500.00 per day thereafter. 16. On March 29, 2022, the Final Administrative Enforcement Order (the "Order") was recorded. A true and correct copy of the Order is attached as Exhibit B. 17. On April 14, 2023, Plaintiff commenced an ejectment proceeding against Raw & Refined LLC in this Court. 18. Raw & Refined LLC vacated the Property in late April 2023. 19. Plaintiff promptly removed the tent and pavers placed on the Property by Raw & Refined LLC. 20. Inspector Tiana Hallman visited the Property on June 6, 2023 and confirmed that the vacant lot was not being used for any events and that the food trucks were removed. 21. She advised Plaintiff that it needed an after -the -fact permit for partial demolition to remove the tent and pavers placed on the Property by Raw & Refined LLC. 22. Plaintiff applied for the after -the -fact permit. 23. An after -the -fact permit was issued to Plaintiff on October 20, 2023. A copy of the building permit is annexed as Exhibit C. 24. Between October 23, 2023 and October 30, 2023, the Publics Works, Plumbing, Electrical and Building Divisions each completed their inspections of the Property and confirmed that the Property was in compliance. A copy of the inspection history for the Property is annexed as Exhibit D. 25. Plaintiff tools swift action to comply with the Notice of Violations issued to Raw & Refined LLC and had achieved compliance as of November 8, 2023, as evidenced by the Affidavit of Compliance issued on July 1, 2024. A copy of the affidavit of compliance is annexed as Exhibit E. 26. Notwithstanding that Plaintiff has achieved compliance, Defendant has failed to vacate the Order that has created a lien against the Property. 27. A lien, in the amount of $307,000.00 as of June 25, 2024, exists on the Property. 28. Before filing this cause of action, Plaintiff communicated with Defendant in an attempt to mitigate the fines to no avail. 29. All conditions precedent have been completed before the filing of this cause of action. COUNT I — QUIET TITLE (the Property) 30. Plaintiff incorporates and realleges the allegations in paragraphs 1 through 29 are incorporated as if set forth fully herein. 31. This is an action to quiet title pursuant to FLA. STAT. §§ 65.021 and 65.061. 32. The Order imposed a lien on the Property. 33. Defendant may claim an adverse interest in the Property by virtue of the aforementioned lien. 34. Defendant does not have a lawful or legitimate interest in the Property, and any interest in the Property, if any, is subordinate and inferior to the Plaintiff's right, title, and interest in the Property. 35. Plaintiff is authorized to bring an action to quiet title to the Property and to clear any cloud on its title. See Section 65.031, Florida Statutes ("An action in chancery for quieting title to, or clearing a cloud from, land may be maintained in the name of the owner or of any prior owner who warranted the title.") 36. Plaintiff has a compelling interest in removing the cloud of title imposed by the Order and the lien because the title of the Property is currently unmarketable. WHEREFORE, the Plaintiff respectfully requests that this Court enter a judgment in its favor and against Defendant extinguishing any right or claim that Defendant may have in the Property, and removing any and all clouds on title to the Property, and quieting title in the Plaintiff, together with any and such further relief as this Court deems necessary to protect Plaintiff's rights and interests to the Property. Dated: June 2, 2024. Respectfully submitted, DUNN LAW, P.A. /s/ David A. Blansky David A. Blansky, Esq. Florida Bar No. 1033002 Michael P. Dunn, Esq. Florida Bar No. 100705 66 West Flagler Street, Suite 400 Miami, Florida 33130 Tel: 786-433-3866 Fax: 786-260-0269 dblansky@dunnlawpa.com michael.dunn@dunnlawpa.com Counsel for Plaintiff EXHIBIT "A" Notice of Violations City of Miami November 05, 2021 Newberg, Jonathan 2200 BISCAYNE BLVD MIAMI, FL 33137 2923NE2AV CR: CE2021023123 2930 NE 2ND LLC 2200 BISCAYNE BLVD MIAMI, FL 33137 33137 Folio: 0132300131300 NOTICE OF VIOLATION Potential Property Lien Subject Property: 2923 NE 2 AV Folio: 0132300131300 Dear 2930 NE 2ND LLC: You are notified that an inspection of the above property discloses that you are in violation of the following laws, including: VIOL REF# 2285-Not in compliance with a Temporary Event Permit, a Temporary Occupancy Penn it, or a Temporary Use Permit. City Code Chapter 62, Article XIII, Divisions 1, 2, and 3 Correction: No TUP for food truck VIOL REF# 2278-Failure to have a valid Business Tax Receipt or operating outside of the scope of BTR per chapter 3 I. City Code Chapter 31 Correction: No BTR for food truck VIOL REF# 2315-Failure to comply with requirements for food trucks (First Offense). City Charter Chapter 31 Art. 2 Section 31-51 Correction: No TUP/BTR/CU FOR FOOD TRUCK ON PRIVATE LAND. VIOL REF# 2104-Work performed without a permit and/or permit not finalized. City Code SEC 10-3 (FBC 104,-105), Miami 21 section 7.1.2 Correction: UNPERMITTED CARPORT, PAVERS, & DECKS. VIOL REF# 1698-Failure to register vacant lot with the City of Miami. City Code SEC 22-115 Correction: Contact human services to register vacant lot, Email Tbrown@miamigov.com or phone 305- 960-2904. You are directed to correct said violation(s) by November 15, 2021 and to notify the Inspector that the violation(s) has been corrected. If the violation(s) has not been corrected with the approval of the inspector within the specified time period, you will be commanded to appear before the Code Enforcement Board. If you are found guilty and fail to correct said violation(s), the Code Enforcement Board can impose fines of up to $262.5 per day for each day the violation(s) remains uncorrected beyond the time period provided. UNPAID FINES WILL BECOME LIENS AGAINST THIS PROPERTY AND ALL PROPERTIES YOU OWN, AND WILL BE RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY. LIENS WHICH REMAIN UNPAID FOR THREE (3) MONTHS MAY BE FORECLOSED IN COURT. In addition, the Certificate of Use and Occupational License of any business occupying this property may be suspended or withheld. Operating a business without all required licenses is illegal under state and city law, and is punishable by criminal arrest and/or closing the business. Name of Inspector: Yacmany Salvatierra Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell Phone Number: (786) 696-0034 Office Phone Number: (305) Li EXHIBIT "B" Final Administrative Order THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. 2930 NE 2ND LLC 2200 BISCAYNE BLVD MIAMI, FL 33137 33137 Tenant: CFN: 20220248973 BOOK 33092 PAGE 661 DATE:03/29/2022 10:15:24 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami March 04, 2022 CR: CE2021023123 Case No: CE2021023123 Address: 2923 NE 2 AV Folio: 0132300131300 Legal: BROADMOOR PB 2-37 LOT 8 BLK 12 LOT SiZE 52.500 X 105 DEATH CERT &WILL (10/5/79) Hearing Date: March 03, 2022 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2285 Not in compliance with a Temporary Event Permit, a Temporary Occupancy Permit, or a Temporary Use Permit. City Code Chapter 62, Article XIII, Divisions 1, 2, and 3 - 2278 Failure to have a valid Business Tax Receipt or operating outside of the scope of BTR per chapter 31. City Code Chapter 31 - 2315 Failure to comply with requirements for food trucks (First Offense). City Charter Chapter 31 Art. 2 Section 31-51 - 2104 Work performed without a permit and/or permit not finalized. City Code SEC 10-3 (FBC 104, 105), Miami 21 section 7.1.2 You are hereby ordered to correct said violation by March 04, 2022, 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 Ilen 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 Salvatlerra 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 04, 2022 of the Code Enfo Board. Officially filed and rendered on March.04, 2022 in the records of the City of Miami, Hearing Boards. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards e ent EXHIBIT "C" Building Permit Applicant: BL11t.bING DEPART De Vos,Chantal Contractor: CLIMACON CORP/ Leonard, Rene Certificate Required: None Additional Property Info: BUILDING PERMIT Permit Number: BD23016587001B001 Job Address: 2923 NE 2 AV Folio Number: 132300131300 Date Issued: October/20/2023 Governing code: FBC 7th Edition (2020) Job Category: DEMOLITION Job Description: DEMOLITION - MISCELLANEOUS STRUCTURES (DETACHED) Estimated Cost: $10,000.00 Total Permit Processing Time: 65 days 23.5 hrs Time with Jurisdiction: 30 days 16 hrs Time with Applicant: 35 days 7.5 hrs NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. NOTICE: This card MUST BE DISPLAYED PROMINENTLY at the front entrance of the premises (or other location acceptable to the building official) for the duration of the work in progress under this permit. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR THE IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, YOU SHOULD CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. BUILDING PERMIT Rev. 01/29/2019 Generated on 10/23/2023 7:56 AM BUILDING DEPARTMENT Building Permit Instructions LIMITATIONS OF THIS PERMIT: This permit does NOT cover the installation of electrical, Plumbing, Roofing, Boiler, Elevator or Mechanical work. Seperate permits must be obtained from the proper sections before starting work involving these installations. ADDITIONAL PERMITS: The issuance of this permit does not authorize the installation of work such as boilers, pressure vessels, wells, septic tanks, paving, relocating structures, installation of signs, awnings, etc. MECHANIC'S LIEN LAW: Failure to comply with the mechanic's lien law can result in the property owner paying twice for building improvements. If the cost of this project is $2,500 or more, you must file a Notice of Commencement (form is attached) with the clerk of county Courts. CERTIFICATES: If your building requires a Certificate of Occupancy it may NOT be occupied until the Building final inspection is approved, and a certificate is issued. CONTRACTOR'S RESPONSIBILITIES: Building permits shall expire 180 days from the date of issuance if the work permitted thereunder has not been commenced. Such permit shall also expire if the building or work authorized by such permit if suspended or abandoned for a period, of 180 days after work commences or from the date of the last inspection. The permit holder shall be responsible for advancing the progress of the work so as to avoid expiration of this permit. The permit may be kept active by obtaining an approved inspection: note that a partially approved inspection wil not suffice, Approved plans must be maintained on the job at all times. POSTING REQUIREMENT: The permit card must be posted in a conspicuous place at or near the main entrance to the new building (or area of construction) and must be available to the building inspector at all times. To Schedule Inspections By Telephone: BUILDING DEPARTMENT 305-416-1100 Structural & Building inspections Electrical inspections Mechanical inspections Plumbing inspections FIRE DEPARTMENT 305-416-1600 CODE COMPLIANCE OFFICE Zoning inspections - North Office Central Office SW Office SE Office PUBLIC WORKS DEPARTMENT 305-329-4820 305-329-4800 305-329-4770 305-416-2137 305-416-1200 NOTE: Inspections will be made on the following workday whenever possible. Rev. 01/29/2019 Generated on 10/23/2023 7:56 AM TICE i F C 1 ENCEMENT (A RECORDED COPY MUST BE POSTED ON THE JOB SITE AT THE TIME OF FIRST I PECTION) Permit No: Tax Folio No: STATE OF FLORIDA: COUNTY OF MIAMI-DADE: THE UNDERSIGNED hereby gives notice that improvements will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement. 1. Legal description of the property and street address: This space is reserved for the recording office. 2. Description of improvement: 3. Owner's name and address: Interest in property: Name and address of fee simple titleholder: 4. Contractor's name, address and phone number: 5. Surety: (Payment bond required by owner from contractor, if any) 6. Lender's name and address: 7. Persons within the State of Florida designated by the Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7, Florida Statutes, Name, address and phone number. 8. In addition to himself, Owner designates the following person(s) to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b), Florida Statutes. Name, address and phone number 9. Expiration date of this Notice of Commencement. (The expiration date is 1 year from the date of recording unless a different date Is specified) WARNING TO OWNER: ANY PAYMEt1TS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART 1, SECTION 713.13. FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. Signature(s) of Owner(s) or Owner(s)' Authorized Officer/Director/Partner/Manager: Prepared by: Prepared by. Print Name: Print Name• Title/Office: Title/Office: STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me this day of 20 . by o Individually, or ci as for o Personally known, or o produced the following type of identification: Signature of Notary Public: Print Name: (SEAL) VERIFICATION PURSUANT TO SECTION 92.525. FLORIDA STATUTES Under penalties of perjury, I declare that I have read the foregoing and that the facts stated it are true, to the best of my knowledge and belief. Signature(s) of Owner(s) or Owner(s)' Authorized Officer/Director/Partner/Manager who signed above: By: By: This instrument prepared by: Name: Address: NOTIC����������TERMINATION E n��u~ ��u (of Notice mfCommencement) STATE OF FLORIDA: COUNTY OFM|AM|-DA0E: This.space is feserved for the recording office. The undersigned hereby gives notice that the effective period of that certain Notice of Commencement dated----, recorded |nO,R.Book /Page / ofthe Public Records ofMiami-Dade County, Florida, will terminate; and, in accordance with Section 713.132, Florida Statutes, the following information is provided: 1. The date and recording information for the Notice of Commencement being terminated are as described above, and all information contained therein is hereby expressly incorporated in this NOTICE OF TERMINATION. 2. The Notice of Commencement shall beterminated as of ,or3Ddays from the recording date ofthis Notice ofTermination, whichever date islater. 3. This Notice ofTermination applies to: El all the real property subject to the above described Notice of Commencement. 11 only to the portion of such real property described as: 4. All Uanors have been paid in full or prorate in accordance with Section 713.06/4L Florida Statutes. S, A copy of this notice has been served on the contractor and on each lienor who has given notice, if any. Owner Signature Owner Signature Print Name Print Name SWORN TO AND SUBSCRIBED before me this day of 20 by Personally known tome, or produced as identification. Notary Signature: Exhibit attached: Print Notary's Name: D Contractor's Final Payment Affidavit B Property Legal Description O Copy ofNotice ofCommencement �����0N����������U s_ -~n a~su�.m °"o�u� ��x n uDA�mn 1. The undersigned contractor, for aninconsideration of the payments of the sum of paid bvreceiptofwhich ishereby acknowledged, hereby releases and quit claims to , the owner of the hereinafter described property, all liens, lien rights, claims or demands of any kind whatsoever, which the undersigned now has to might have against the building located on, orpremises legally described as: This sDace is reserved for the recordine office. on account of labor performed and/or materials furnished for the construction of any such improvement on said premises. Z. All labor and materials used bytheundersigned inthe erection ofsaid improvements have been paid [n full, except as follows: 3. All lisnors furnishing labor, services or materials for said improvements have been paid in full, except as follows: 4. This instrument is executed and delivered to the owner in compliance with Chapter 713 Florida 5' The undersigned contractor does hereby consent to the payment by the owner of all lkenors giving notice and those lienors above named. |0WITNESS WHEREOF, | have hereunto set myhand and seal this day of 20 Witnesses: l. (SEAL) (Contractor) STATE OF FLORIDA: COUNTY OF MIAMI-DADE: I hereby acknowledge that the statements contained in the foregoing Release of Lien and Affidavit are true and correct. Sworn to and subscribed before me this day of 120 Notary Public: Print Notary's Name - My ����v ����- ' �p~���������� instructions for Executing the Notica of Commencem NOTE:, If you signed a& the Ownt?sagent, you nee, responsible fot qorl'da'�Construction,LientaW(C,haptOr7a3- part: delivering this 2 information, to the Owner of the property. orie, Florida statutes) requires the recording wi�,h th, Clerk of the Courts a, Notike.of ComMen.cernont for reol property IrriproVements greater than ��,500,00, However, it does not apply to the repair or repIkement of an eXisting h4tlngor air condttl6nirig system,le5sthan $70500,001ri Valqei This notice must be,signed by---ou the property ov�ner, kinder Florida law, itho�i Who W6406 yoorprq, erty p0ov1de materials and, ate not paid have a rIghtto 4W force their cl I alin for paymerit agjirlst p or YOUMUSTTILEANOTICE OFCOMMENCEMENT For. your prot at- uncler the con5tructloquen Law and to avoid the possibility of Uqfce for improyerrients; to re a Notico-of tomme n-bernent in Xh e Clerk of the Cbu rt's Office. You -a lsqin ust provide a certified copyof the record ed cl ocu ment it the const ruct[on site. The The NQbte of Corritnencerrient form, provided with thIsInformifibri'packet, must baccimpletecland recorded, i4ithin 90 days, b6f6re start! n, g the,wo6- A,copy,of thei payment bond, if any ifrequired byyou and purchased b9the contractor, ruist be attAchedas part dfthe Noticeof.Commencernent when recorded. a new Notice of You lose your protect -ion. under the cori5tructlon 'Lien Law if the payments 'are made to the contractor -after the, apiratlon of the Notice of Commencement . . The Notice is good for one year after the recording, date or up to the date specified under Item Mile Of the form. Florida law requl?L-5 the City of M10MI Building Department tobe a second source of Oformatton concerning the Urnprovernentsmade on real property, The Building Permit a POITcatio n, and, documents include inf6rA�8firdri on theconstruc5dil lender and the cortractoVs surety, ifany, This applicartion YOU MUST POSTTHE NOTICE OF COMMENCEMENTAT THEJOEI SITE 13Y law, certified copy of the recorcled Notice -of Commencement, with attophTed bonds if any, ispotod at the constiruction,site� railu�e to show the, inspector a certified copy of the NOTICE TO OWNER FROM SUBCON'rRActORs,AN'D SUOPLIERS, m6terla[�. Subcontractors and suppliers mustserve a Nouceto Owner -Within 49 days of commencipgWork toTreserve theirablittyto Ilen Your propeMy, If your address changes fromthat,giveri intligNof is d6netd,holp ensure you, will - receive al I notices, RELEASE OFLIEN FROM CONTRACTOR� _ ^ Rdor, to paying the conjr4�tM you need to receive a, Release of Uen and* Aff !davit to the ox�qnt of payment frorri, the. general lmmractor,, TheRelQam of Lien and Affidavit shall statt either that allthe sObc9ntractors a0d:,suppli�rs_ have beeti paid -or list those, unpaid -and the amount i:)Wed, The contractor is required to, list art the R eleasqof Gen and Affidavit-.janya(bcoRtrattpr.oi, supplier, th at has not been paid, That amount may be withheld from the contractor's pay and paid directly to the subcontractor or suppliers after 10 days written notice to the contractor. _-~- If the balance due tothe contractor isnot su*iciwntmpay in full all subcontractors and suppliers listed onthe contractor's affidavit, you may wish moonovkonattorney. The general contractor shall furnish a final Release of Lien and Affidavit to the owner indicating all subcontractors and suppliers have been paid at the time bomnvemsUnu|payment. You can rely onthe affidavit mmaking final payment mothe general contractor. |fyou make final payment to the general contractor without obtaining the affidavit, Your property can be liened for non-payment ifthe general contractor fails to pay the subcontractors or suppliers. Youshould alwaysobtaina Releaseof Lien and Affidavit from the contractor tothe extent ofany payments being made. RELY O0YOUR LENDER FOR COMPLIANCE WITH CONSTRUCTION LIEN LAW |fyou have alender, you may rely on the lend,, tvhandle the recording ofd`owohooufcommenuomvm.Leummomabmt the Construction Lien Law by contacting an attorney, your lender, or the Florida Department of Agricultural andConsumersonjcoa Division of conoumorsom/com. TDRECORD YOUR DOCUMENTS, GOTO: Clerk mfCourts Miami -Dade County Recorder, Courthouse East 22N.VKFirst Street, I^Floor, Miami. FL3@128 You can also record the Notice mCommencement uvmail. The original Notice should uesent tothe County Recorder, pm.Box o1oo'p|auw, Station, Miami, Florida 33101. Please make sure the original Notice is signed and notarized. Also, remember tuenclose the recording fee (for asingle copy) and written instructions for recording and returning a certified copy of the recorded documents. For additional information on fees and recording documents call (3os)zro'zuoo. mev.06/24/2019 Generated m06/29/2mo 09:15xa EXHIBIT "D" Inspections History Search by Address, Process Num... „ Hi cc evos(PcrescentI eights. Inspections History (2923 NE 2 AV) Plan Permits BD23-016587-001-B001 General Information Permit Number: BD23-016587-001-8001 Job Category: DEMOLITION Job Address: 2923 NE 2 AV Folio Number: 01-3230-013-1300 Status: Final Status Reason: All Inspections are finalized. Status Date: Oct/30/2023 Permit Work Items: DEMOLITION - MISCELLANEOUS STRUCTURES (DETACHED) Permit Holder Qualifier License: CBC1250894 First Name: Rene Email: CLIMACON@YAHOO.COM Inspections History Permit Type: BUILDING Pulled By: devosl8 Issued Date: Oct/20/2023 Expiration Date: Apr/27/2024 Total Cost: $10,000.00 Company Name: CLIMACON CORP Last Name: Leonard Phone: (786)344-3244 Print Inspection History Division Insp. Type Final Insp. Date Status Result Result Date Updated By Inspector Info Remark Name: Ahmed Arafet BUILDING FINAL BUILDING ) Oct/30/2023 Completed OK Oct/30/2023 aarafet Office Ph: NOC verified Mobile Ph: (786)575-1023 Name: William FINAL Roche ELECTRICAL Oct/24/2023 Completed Unnecessary Oct/24/2023 wroche Office Ph: ELECTRICAL Mobile Ph: (786)679-2170 Name: Frantzy Call 305-302-2203 no SEWER/WATER Sillery answer, cannot locate PLUMBING DISCONNECT Oct/26/2023 Completed Unnecessary Oct/26/2023 fsillery Office Ph: sewer disconnect. Mobile Ph: She called back to (305)413-0733 clear the inspection. Name: Christian PUBLIC FINAL PUBLIC Capper WORKS WORKS Oct/23/2023 Completed OK Oct/23/2023 ccapper Office Ph: Mobile Ph: 2024 © City Of Miami-v3.2024.417.1 Accessibility Statement Privacy Policy Contact Us Fee Guide EXHIBIT "E" Affidavit of Complaince Page 1 of 2 City of Miami November 08, 2023 THE CITY OF MIAMI vs, 2930 NE 2ND LLC 2200 BISCAYNE B LVD MIAMI, FL 33137 33137 CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case No: CE2021023123 Address: 2923 NE 2 AV Hearing Date: March 03, 2022 Folio: 0132300131300 Legal: BROADMOOR PB 2-37 LOT 8 BLK 12 & W1/2 OF ALLEY LYG E & N1/2 OF ALLEY LYG S & ADJ CLOSED PER RES #20-0234 LOT SIZE 6300 SQ FT MX, CR: CE2021023123 Affidavit of Compliance Subject Property: 2923 NE 2 AV Polio: 0132300131300 I, LUIS GOMEZ, Inspector for the City of Miami, being duly sworn, deposed and says: 1, On November 08, 2023, I conducted an inspection of the property cited for violation(s) in the above - styled matter. 2. The inspection and a review of applicable records indicate that the violation(s) pertaining to this case were corrected on November 08, 2023. Name of Inspector: LUIS GOIVIEZ Office Address: 444 SW 2 AV Miami, FL 33130 Cell Phone Number: (786) 696-0235 Office Phone Number: (305) 416-2087 Email: LGomez@rniamigov,com EZ /1/4,4)fil Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE ME THIS Print Notary Name Personally know Jor Produced 1.D, Type and number of La produced . _ • Public State of Florida tatgaigAR;Vai+Nos,44m4,0*.. VR.4 DERMUNZ Notary Public . State or P(orft14 ;1471 Cornmisr.ion ; 246097 My Comm, xpiMar 28. 2026 Boodod tiro* Nation4I Notary Mill, wt1P4EVIZacillYWoftweir."01201,45g9PNVJ littp://Improd0 1 /eityviewweb/Pri niAll/khbi0d45ypriek3 eyi 5 0ow 5/P age6_0001.htral 7/1/2024