LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT.

1.  3098 Alton Road, LLC, v. City of Miami Beach, Florida Case No. 2018-039378-CA-01 (Circuit Court  - 11th Judicial Circuit in and for Miami-Dade County, Florida)

The Plaintiff, 3098 Alton Road, LLC, filed this Complaint against the City on November 26, 2018. The Plaintiff has alleged that the City’s Short Term Rental Ordinances(City Code Sections 142-905 and 142-1111) are preempted by Florida Law and that the fine structure within the City’s Short Term Rental Ordinances violate the Florida Constitution. Additionally, the Plaintiff is seeking a Writ of Mandamus to restore water and sewer services to the property, and a claim for negligence alleging that the City’s decision to turn of the water and sewer utility damaged the Plaintiff’s property. We are in the process of working with the various departments involved to assess the veracity of the Plaintiff’s claims regarding the Mandamus and Negligence claims, and we are vigorously defending against Plaintiff’s constitutional challenges against the City’s Short Term Rental Ordinance.

2.  U.S. Bank, N.A. vs Hillary Rodriguez, et al., Case No. 18-32311 CA 15 (Circuit Court – 11th Judicial Circuit in and for Miami-Dade County, Florida)

This is an action to foreclose a mortgage on real property located at 6917 Collins Avenue, Unit 1104, Miami Beach, FL. The Summons and Verified Complaint were served on the City on December 6, 2018.

The City’s Answer and Affirmative Defense was filed on December 12, 2018.

3.  Yvonne Spector v. City of Miami Beach and Restoration Ramos D/B/A American Surfaces, Inc. Case No. 18-040978-CA-01 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)

The City was served with this complaint on December 20, 2018 alleging that Plaintiff, Yvonne Spector, was walking along the walkway at or around 1111 Lincoln Road, in Miami Beach, Florida, on February 11, 2018 when she tripped and was permanently injured due to a raised or uneven walkway around the store fronts near spaces 1101-1103. The Plaintiff is also suing Restoration Ramos d/b/a American Surfaces, Inc., who were responsible for maintaining the cobble stones at the location pursuant to a contract with UIA (responsible for managing the cobble stones on behalf of the City). Restoration Ramos who are responsible for managing the cobble stones pursuant to a contract with UIA were required to provide insurance naming the City and UIA as additional named insureds and providing representation and indemnification to UIA and the City. Robert Aragon of our Risk Department tendered the suit pre-suit to the insurance carrier for Restoration Ramos, who responded to the tender denying the tender and indicating that the insurance policy was canceled on January 25, 2018 prior to the accident occurring on February 11, 2018. We shall file our answer to the complaint, propound discovery and possibly file a cross-claim against Restoration Ramos who are responsible for indemnifying the City pursuant to their contract with UIA.

4.  Wilmington Trust, NA. Successor Trustee Etc. v. Ohana, Rami; Unknown Spouse Of Rami Ohana; Roosevelt 26 LLC; Mortgage Electronic Registration Systems, Inc., as nominee for 4udirect, Inc. DBA Nations Home Lending Center; City of Miami Beach, Florida; The Empire Condominium Association, Inc. Unknown Tenant #1; Unknown Tenant #2; Unknown Tenant #3; Unknown Tenant #4. Case No. 2018-039369 CA01 (Circuit Court – 11th Judicial Circuit in and for Miami-Dade County, Florida)

This is an action to foreclose a mortgage on real property located at 750 Collins Avenue, Unit 203, Miami Beach. The Summons and Complaint were served on the City on December 26, 2018.

The City’s Answer and Affirmative Defense will be timely filed.