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HomeMy Public PortalAbout16-9269 Defend the Lawsuit Brought in Lejuene Douglas Commerce Sponsored by: City Attorney RESOLUTION NO. 16-9269 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO DEFEND THE LAWSUIT BROUGHT IN LEJEUNE DOUGLAS COMMERCE I, LLC VS. CITY OF OPA-LOCKA, CASE #: 16-027347 CA (01) (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City is has been sued in LeJeune Douglas Commerce I, LLC vs. City of Opa-locka, Case#: 2016-027347 CA (01); and WHEREAS, It is in the best interest of the City to defend this lawsuit. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. Pursuant to the agreement the City has with The Brown Law Group, LLC, The Brown Law Group, LLC, is hereby authorized to defend the lawsuit: LeJeune Douglas Commerce I, LLC vs. City of Opa-locka, Case#: 2016-027347 CA (01). Section 3. This Resolution shall take effect immediately upon adoption, and is subject to the approval of the State of Florida Financial Oversight Board for the City of Opa-locka. PASSED AND ADOPTED this 9th day of November, 2016. y . L. Taylor Mayor Resolution No. 16-9269 At est to: Approved as to form and legal sufficiency: Jo:,I na Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER RILEY Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Riley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES X 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. 7471 L�J DIVISION CASE NU BER CIVIL ❑ OTHER SUMMONS 20 DAY CORPORATE SERVICE �l) ) /� /f ` ❑ DISTRICTS (a)GENERAL FORMS v�v 1 t0 ' /3`j PLAINTIFF(S) VS. DEFENDANT(S) SERVICE LEJEUNE DOUGLAS COMMERCE I, LLC THE CITY OF OPA LOCKA gc z(c�5 ///8/4 i c,, c—■ 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): Myra Taylor, Mayor Opa Locka City Hall,4th Floor 0 780 Fisherman Street Opa-locka, FL 33054 Each defendant is required to serve written defense to the complaint or petition on Plaintiffs Attorney: Carlos D.Lerman, Esq. C �, J_- whose address is: 2611 Hollywood Blvd. c: Hollywood, FL 33020 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. DATE HARVEY RUVIN y gy t� ;, CLERK of COURTS DEPUTY CLERK 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 the Eleventh Judicial Circuit Court's ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711." CLK/CT 314 Rev.02/16 Clerk's web address:www.miami-dadeclerk.com IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA LEJEUNE DOUGLAS COMMERCE I, LLC, a CASE NO. ) 62:9.0 L/- Florida limited liability company Plaintiff, v. THE CITY OF OPA LOCKA, Defendant. COMPLAINT Plaintiff, LEJEUNE DOUGLAS COMMERCE I, LLC (hereinafter "Lessor"), a Florida limited liability company, by and through undersigned counsel, filed this Complaint for Breach of Lease against THE CITY OF OPA LOCKA (hereinafter"Lessee"), and as grounds and in support thereof states as follows: JURISDICTION 1. This is an action for damages which exceed $15,000.00 exclusive of interest and attorney's fees. THE PARTIES 2. Plaintiff, Lessor, is a Florida limited liability company authorized to do and doing business in Miami-Dade County, Florida. 3. Defendant, Lessee, is a charter municipality in Miami-Dade County, Florida. 4. This action is brought in Miami-Dade County, Florida which is the location of the lease and the real property which is the subject of this lawsuit. COUNT I (Breach of Lease) Plaintiff, Lessor, hereby reaffirms and realleges each and every allegation in Paragraphs 1 1 through 4 above and further states as follows: 5. On January 1, 2014, Lessor and Lessee entered into a written Lease Agreement whereby Lessor agreed to lease property located at 13449 NW 42 Avenue, Opa-Locka, Florida 33054(hereinafter"Premises")to Lessee. A true and correct copy of the written Lease Agreement is attached hereto as Exhibit "A." 6. Lessee breached the Lease Agreement by failing to make rent payments and payments for electricity charges pursuant to the Lease Agreement in the amount of$19,029.54. 7. As a direct and proximate result of Lessee's breach, Lessor has been damaged. 8. All conditions precedent to payment and to the bringing of this cause of action have been performed, complied with or otherwise waived. WHEREFORE, Plaintiff, LEJEUNE DOUGLAS COMMERCE I, LLC, demands judgment against Defendant, THE CITY OF OPA LOCKA, for the amount to be found due and owing together with interest, costs and for such further relief as the Court may deem appropriate. DATED: October 1 q , 2016 LERMAN & WHITEBOOK, P.A. Attorneys for Plaintiff 2611 Hollywood Boulevard Hollywood, FL 33020 Telephone: (954) 922-2 By: Carlos . erman, Esq. Florida Bar No. 768448 E-mail: Carlos(i1wlawfla.corn Seth N. Benes, Esq. Florida Bar No. 119478 E-mail: Seth(u lwlawfla.com 2 EXHIBIT "A" LEASE THIS AGREEMENT, entered into this 1st day of January, 2014, between Lejeune Douglas Commerce I, LLC, hereinafter called the "Lessor", and The City of Opa Locka, 3869 NW 125th Street, Opa Locka FL 33154, hereinafter called the "Lessee". Upon the terms and conditions hereinafter set forth and in consideration for the payment of rents hereinaer provided and in consideration of the performance continuously by the Lessee of each and every covenant and agreement herein contained by the Lessee to be kept and performed, the performance of each and every one of which is declared to be an integral part of the consideration to be paid by the Lessee, the Lessor does hereby lease, rent and demise unto the Lessor and the Lessee does hereby lease from and of the Lessor, those premises known as 3869 NW 125th Street, Opa Locka, FL 33054. Term. The term of this Lease shall begin. January 1, 2014 (the "Commencement Date") and shall end on December 31, 2014, unless extended or sooner terminated as hereinafter provided. 1. Minimum Base Rent . Lessee shall pay to Lessor, at Lessor's Office located at 13449 NW 42ntl Ave, Opa Locka, FL 33054, or to such other person or such other place as directed from time to time by notice to the Lessee from Lessor, a "Minimum. Base Rent" for the Lease term equal to $2, 500) per month (the "Initial Minimum Base Rent") payable as specified below, plus the total amount of Florida sale or. rent tax, or similar amount assessed against such rent, due thereon, as follows: (a) Upon execution of the Lease, Lessee shall pay the first month's rent. of $2, 500. (b) Each monthly installment will be payable in advance promptly on the first day of each calendar month during the period. 2. Utilities Lessee agrees to pay all charges for gas, electricity, water, light, heat, power and other services used or charges imposed in or about or supplied to the Premises and shall indemnify the Lessor against any and all liability on such account. Lessor shall not be required to furnish any service or facilities or to make any repairs or alterations in or to the Premises. Lessee hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance, and management of the Premises. 3. Lessee's Business Taxes. Lessee shall pay before delinquency all taxes, assessments, license fees and public charges levied, assessed or imposed upon its business operation, as well as upon its leasehold interest, trade fixtures, furnishings, equipment, leasehold improvements, alterations, changes and additions made by Lessee, merchandise and personal property of any kind owned, installed or used by Lessee in, or upon the Premises. 4. Sales Tax. Lessee shall pay to Lessor as additional rent, the appropriate Florida state sales tax and any other excise tax or assessment now or hereafter levied or assessed upon or against Lessee's or Lessor's interest in the rent to be paid under this Lease. It is Lessor's and 1. Lessee's understanding that the current Florida state sales tax is seven percent (7 ) of the rent to be paid. 5. Insurance. (a)Lessce shall carry, during the term hereof, general public liability insurance with a carrier and with policy limits reasonably satisfactory to Lessor, but which initially shall be not less than $500,000/$1, 000, 000 (per person/per occurance) in respect of liability injury and $100, 000 for property damage. Said policy shall provide that it shall not be cancelled except after thirty (30) days written notice to Lessor. Radon Disclosure. Under the laws of the State of Florida, the Lessor is required to provide the following notice to the Lessee: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. The foregoing notice is provided in order to comply with state law and is for information purposes only. Lessor disclaims any and all representations and warranties as to the absence of radon gas or radon gas producing conditions in connection '4ith the demised oremises. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purposes herein expressed, the day and year first above written. Signed, sealed and delivered "LESSOR" in the presence of: 4'1//'1 .. Dy: I Signed, sealed and delivered "LESS-E" in the presence of: By: 2 10/21/2016 Florida Courts E-Filing Portal litirvey Ruvin . i ,.�, .. , CLERK fth LOUttIS �' t`;f My Cases i;w,My Submissions if`Sign Out ; Pleading on Existing Case ;T Case Initiation Workbench 1, My Alerts ",,, E-Filing Map , My Account Filing Options Welcome-Seth Nathaniel Benes Last signed in on-10/18/2016 04:50:04 PM News&Information • 03/01/2016 Miami-Dade County Clerk of Courts eSummons-The Miami-Dade Clerk of Courts is pleased to announce the upcoming ability to'eF visit our webpage at http://www.miami-dadeclerk.corn/for detailed information. • 06/16(2011 Emergency filings follow the same current procedures. Filing Received Confirmation 3 documents are successfully submitted for filing to Trial Court for Miami-Dade County,Florida Circuit Civil Division Court Case#you have provided is NEW CASE Reference#for this filing is 47929350 Important:If you should contact the court about any document in this filing,please provide this Submission#to help us locate this filing. You may want to print this page for your records. ct.. Print Recent Filings Pleading Proposed Order Submission/NEF Case Style/Docket Court Case# Status Court Submission Date Completion Date/Remarks 47929350 LEJEUNE NEW CASE Received Miami- 10/21/2016 DOUGLAS Dade 12:16:36 PM COMMERCE I, LLC VS The City of Opa Locke � 1 Terms Of Use I Privacy Statement I Accessibility I Request E-Filing Support I E-Filing Authority ©2013 CiviTek https://www.myflcourtaccess.com/Courts/U(Pages/F i l i ngRecei vedFL.aspx?ri d=47929350&nd=3&ct=Trial 1/1 • Ina Padilla From: noreply @myflcourtaccess.corn Sent: Saturday, October 29, 2016 11:16 PM Subject: Processing Completed for Filing #47929350 Dear Seth Nathaniel Benes: This email verifies the processing of your Filing # 47929350 with the Miami-Dade County, Florida Circuit Civil Division. Status: Accepted Filing Date/Time: 10/21/2016 12:16:36 PM UCN: 132016CA027347000001 Clerk Case#: 2016-027347-CA-01 Case Style: LEJEUNE DOUGLAS COMMERCE I, LLC vs City of Opa Locka (The) Matter#: Memo: Filing Fee: $401.00 Complaint Complaint: $0.00 Cover Civil Cover: $0.00 Statutory Convenience Fee: $14.04 Total Paid: $415.04 Fee Status: Processing Paid By: Pay By Credit/Debit Card MFC Order#: 16871702 Documents # Document Type Status Filing Date Rejection Reason Vow 1 Cover Civil Cover Accepted 10/21/2016 Civil 2 Complaint Complaint Accepted 10/21/2016 opa-1 3 Cover Civil Cover Accepted 10/21/2016 LEJE cove] Fees Your filing has been docketed with the Clerk's office. The fee is in the process of Processing. At that time, the fee settlement will be transmitted to your banking institution for payment. You, as the filer are responsible for fee payment. If there are any issues with payment processing, you will be contacted by the Civitek Banking Department. This is a non-monitored email. Do not reply directly to it. If you have any questions about this filing, please contact the Miami-Dade County, Florida Circuit Civil Division. Thank you. Many counties no longer require paper follow-up. To see a complete list, click on this link. 2