1. This is an action for statutory relief. This Court has jurisdiction pursuantto Florida

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1 Filing # s E-Filed :47:59 PM IN THE CIRCUIT COURT OF THE, I lth JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COIINTY, FLORIDA GENERAL rurisdiction DIVIS ION oak PLAZA ASSOCTATES (DEL.), LLC, a foreign limited liability company And LOVELY RITA ACQUISITIONS, LLC, Plaintiffs, CASE NO (09) COMPLAINT FOR DECLARATORY RELIEF vs. PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida; MARCUS SAIZ DE LA MORA, as Tax Collector of Miami-Dade County, Florida; and LEON M. BIEGALSKI, as Executive Director of the State of Florida Department of Revenue, Defendants. Plaintiffs, Oak Plaza Associates (Del.), LLC and Lovely Rita Acquisitions, LLC, sue Defendants, Pedro J. Garcia, as Property Appraiser of Miami-Dade County, Florida ("Property Appraiser"), Marcus Saiz de la Mora, as Tax Collector of Miami-Dade County, Florida ("Tax Collector") and Leon M. Biegalski, as Executive Director of the Department of Revenue of the State of Florida (the "Department") and say: GENERAL ALLEGATIONS 1. This is an action for statutory relief. This Court has jurisdiction pursuantto Florida Statutes and Venue is proper in Miami-Dade County as the subject property, as described below, and the Property Appraiser are located in Miami-Dade County, Florida. 2. Property Appraiser is the duly elected Property Appraiser of Miami-Dade County, Florida. He is charged with the nesponsibility of discharging the duties of said office, and is named as a party in accordance with Florida Statutes S I 94. I 8 I (2). RENNFT,T VOGrI MANDI-ER & RODRIGUEZ, P.A., A'MORNEYS AT I,AW, 29IH FLOOR, ML{MI TO\I'ER 100S.E.2NDSTREE',MrAMr,FLoRrDA TFr.(305) F.dx(305)373$036

2 ' v. Pedro J. Garcia, as Property Appiaiser, et al. Page 2 of9 3. Tax Collector is the duly elected and acting Tax Collector for Miami-Dade County, Florida, and is obligated to discharge the duties of said office. Tax Collector is named as a party in accordance with Florida Statutes (3). 4. Department is named as a defendantto this action as mandatedby Florida Statutes (5), because the tax assessment is also being contested on the grounds that it is contrary to the laws and Constitution of the State of Florida. count I (FOLIO ) 5. OakPlaza Associates (Del.), LLC ("Oak Plaza") repeats paragraphs 1 through 4 above. 6. Oak Plaza is a foreign limited liability company which is authorized to and conducts 7. Oak Plaza was the owner of real property and the party responsible under the law for payment of 2016 ad valorem taxes for the real property located in Miami-Dade County, Florida assessed by Property Appraiser under Folio No. 0I (the "First Property"). 8. Property Appraiser certified the assessment of the First Property for the year 2016 with a market value of $28,803,103 and an assessed value of 57,565,332. These assessments are in excess of the just value of the First Property, in violation of Florida Statutes, including $ , and in violation of Article VII, Section 4 of the Florida Constitution. 9. Property Appraiser's assessments of the First Property were arbitrarily based on 10. Each assessment exceeds the First Property' s just value, and is therefore in violation RINNERT VOGEL MA\DII,R & RODRIGUM, P.A., ATIORNEYS AT I,AW, 2Yru FIOOR, MIAMI TO'fiER 100 S.E. 2ND STREET, MrAMr, FLoRTDA TEL. (305) FA"x (305) 37&6036

3 v. Pedro J. Garcia, as Property Appraiser, et al. Page 3 of 9 Constitution. Oak Plaza will be irreparably damaged if the Property Appraiser's assessments remain against the First Properfy. 11. OakPlaza has complied with all conditions precedent to the maintenance of this 12. OakPlaza has paid the taxes on the First Property as required under Fla. Stat. $ I 7 1 (i) and (4). Evidence of said payment is attached hereto and incorporated by reference as Exhibit "A". WI{EREFORE, Oak Plaza demands judgment against the Defendants as follows: (i) Establishing the just value of the First Property and directing such adjustments between the Parties as may be necessary in connection therewith or directing the First Property Appraiser to reassess the First Property for the 2016 tax year in compliance with Floridalaw; (id Recalculating the taxes that should have been paid based on an assessment equal to the First Property's just value, and ordering a refund to the OakPlaza of the excess amounts paid; (iid Awarding costs in favor of OakPlaza pursuant to Fla. Stat. $ ; and (iv) Granting such other and further relief as this Court deems just and proper. count rr (Folro ) 13. Oak Plazarepeats paragraphs 1 through 4 above. 14. Oak Plaza is a foreign limited liability company which is authorized to and conducts 15. Oak Plaza was the owner of real property and the party responsible under the law for payment of 2016 ad valorem taxes for the real property located in Miami-Dade County, Florida assessed by Property Appraiser under Folio No. 0l (the "Second Property"). RENNERT VOCEL N4{NDIX.R & RODRIGUM, P.A., ATIORNEYS A'f I,AW, 29TH FLOOR, ML{MI TOWER 100 S.E. 2ND STREET, MIA-MI, FLoBJDA TEL. (305) FA"x (305)

4 ' v. Pedro J. Garcia, as Property Appiaiser, et al. Page 4 of Property Appraiser recertified the assessment of the Second Property for the year 2016 with a market value of $4,685,346 and an assessed value of $ 1,8T5,469. These assessments are in excess of the just value of the Second Property, in violation of Florida Statutes, including $ , and in violation of Article VII, Section 4 of the Florida Constitution. 17. Property Appraiser's assessments of the Second Property were arbitrarily based on 1 8. Each assessment exceeds the Second Property's just value, and is therefore in violation Constitution. OakPlaza will be irreparably damaged if the Property Appraiser's assessments remain against the Second Property. 19. Oak Plaza has complied with all conditions precedent to the maintenance of this 20. Oak Plaza has paid the taxes on the Second Property as required under Fla. Stat. $ (3) and (4). Evidence of said payment is attached hereto and incorporated by reference as Exhibit "B". WHEREFORE, Oak Plaza demands judgment against the Defendants as follows: O Establishing the just value of the Second Property and directing such adjustments between the Parties as may be necessary in connection therewith or directing the Second Property Appraiser to reassess the Second Property for the 2016 tax year in compliance with Florida law; (id Recalculating the taxes that should have been paid based on an assessment equal to the Second Property's just value, and ordering a refund to Oak Plaza of the excess amounts paid; (iii) Awarding costs in favor of Oak Plaza pursuant to Fla. Stat. $ ; and RINNFRT VoGFI MANDI-ER & RoDRIGUFZ, P.4., A.IToRNEYS AT I,Aw, 2YTH FLooR, ML&MI To\4.8R 100 S.E. 2ND STREE'r, MLAMT, ELoNDA TEL. (305) F.dx (305)

5 Page 5 of 9 (iv) Granting such other and further relief as this Court deems just and proper. cojunt rrr (Folro ) 21. OakPlazarepeats paragraphs 1 through 4 above. 22. Oak Plaza is a foreign limited liability company which is authorized to and conducts 23. Oak Plaza was the owner of real property and the party responsible under the law for payment of 2016 ad valorem t{xes for the real property located in Miami-Dade County, Florida assessed by Property Appraiser under Folio No. 0l (the "Third Property"). Z4.Property Appraiser certified the assessment of the Third Property for the year 2016 with a market value of $8,370,436 and an assessed value of $8,370,436. These assessments are in excess of the just value of the Third Property, in violation of Florida Statutes, including $ , and in violation of Article VII, Section 4 of the Florida Constitution. 25. Property Appraiser's assessments of the Third Property were arbitrarily based on 26.Each assessment exceeds the Third Property's just value, and is therefore in violation Constitution. Oak Plaza will fe irreparably damaged if the Property Appraiser's assessments remain against the Third Property. 27. Oak Plaza has complied with all conditions precedent to the maintenance of this RINNERT VoGEL NIANDtr.ER & RODRIGUFZ, P.A., ATToRNEYS AT L{w, 29I!I FLooR, MLAMI To\^,ER 100 S.E. 2ND STREET, MrAMr, Fr-onroa TEL. (305) Fdx (305)

6 ' i,. Pedro J. Garcia, as Property Appiaiser, et al. Page 6 of Oak Plaza has paid the taxes on the Third Property as required under Fla. Stat. $ (3) and (4). Evidence of said payment is attached hereto and incorporated by reference as Exhibit "c". WHEREFORE, Oak Plaza demands judgment against the Defendants as follows: (i) Establishing the just value of the Third Property and directing such adjustments between the Parties as may be necessary in connection therewith or directing the Third Property Appraiser to reassess the third Property for the 2016 tax year in compliance with Florida law; (ii) Recalculating the taxes that should have been paid based on an assessment equal to the Property's just value, and ordering a refund to the OakPlaza of the excess amounts paid; (iid Awarding costs in favor of OakPlaza pursuant to Fla. Stat. $ ; and (iv) Granting such other and further relief as this Court deems just and proper. count rv (Folro ) 29. OakPlazarepeats paragraphs 1 through 4 above. 30. Oak Plaza is a foreign limited liability company which is authorized to and conducts 31. Oak Plaza was the owner of real property and the party responsible under the law for payment of 2016 ad valorem taxes for the real property located in Miami-Dade County, Florida assessed by Property Appraiser under Folio No. 01, (the "Fourth Property"). 32. Property Appraiser certified the assessment of the Fourth Property for the year 2016 with a market value of $9,700,978 and an assessed value of $9,700,978. These assessments are in excess of the just value of the Fourth Property, in violation of Florida Statutes, including $ , and in violation of Article VII, Section 4 of the Florida Constitution. RINNERT VoGEL IVf{NDmR & RoDRIGUFZ, P.A., ATTORNEYS AT I,AW, 2YIH FLOOR, MLA},II TO!\,ER 100S.E.2NDSTREET,ML{Mr,FLoRrDA TEL.(305) F.dx(305)

7 l v. Pedro J. Garcia, as Property Appraiser, et al. PageT of9 33. Property Appraiser's assessments of the Fourth Property were arbitrarily based on 34. Each assessment exceeds the Fourth Property's just value, and is therefore in violation Constitution. Oak Plaza will be irreparably damaged if the Property Appraiser's assessments remain against the Fourth Property. 35. Oak Plaza has complied with all conditions precedent to the maintenance of this 36. Oak Plaza has paid the taxes on the Fourth Property as required under Fla. Stat. $ (3) and (4). Evidence of said payment is attached hereto and incorporated by reference as Exhibit "D". WHEREFORE, Oak Plaza demands judgment against the Defendants as follows: O Establishing the just value of the Fourth Property and directing such adjustments between the Parties as may be necessary in connection therewith or directing the Fourth Property Appraiser to reassess the Fourth Property for the 2016 tax year in compliance with Florida law; (id Recalculating the taxes that should have been paid based on an assessment equal to the Fourth Property's just value, and ordering a refund to Oak Plaza of the excess amounts paid; (iid Awarding costs in favor of Oak Plaza pursuant to Fla. Stat. $ ; and (iv) Granting such other and further relief as this Court deems just and proper. count v (FoLIo ) 37.Lovely Rita Acquisitions, LLC ("Lovely Rita") repeats paragraphs I through 4 above. RENNERT VoGEL NIANDmR & RODNGUFZ, P.A., AI- ORNEYS AT LTW, 2Yn{ ELOOR, MLAMI TOWER 100 S.E. 2ND STREE4 ML$,tr, FLoRTDA TrL. (305) FA"x (305)

8 v. Pedro J. Garcia, as Property Appiaiser, et al. Page 8 of Lovely Rita is a foreign limited liability company which is authorized to and conducts 39. Lovely Rita was the owner of real property and the party responsible under the law for payment of 2016 ad valorem taxes for the real property located in Miami-Dade County, Florida assessed by Property Appraiser under Folio No. 0l (the "Fifth Property"). 40. Property Appraiser certified the assessment of the Fifth Property for the year with a market value of 97,019,7591 and an assessed value of $3,129,482. These assessments are in excess of the just value of the Fifth Property, in violation of Florida Statutes, including $ I , and in violation of Article VII, Section 4 of the Florida Constitution. 4l.Property Appraiser's assessments of the Fifth Property were arbitrarily based on 42.Each assessment exceeds the Fifth Property's just value, and is therefore in violation Constitution. Lovely Rita will be irreparably damaged if the Property Appraiser's assessments remain against the Fifth Property. 43. Lovely Rita has complied with all conditions precedent to the maintenance of this 44.Lovely Rita has paid the taxes on the Fifth Property as required under Fla. Stat. $ (3) and (4). Evidence of said payment is attached hereto and incorporated by reference as Exhibit "E". t The Miami-Dade County Property Appraiser's website shows the 2016 market value as $8,975,920 and assessed as $4,001,559. IIENNERT VOGEL MANDTER & RODRIGUM, P.A.,,{TTORNEYS AT f,aw, 2YIH FLOOR, MLAMI TOU,T,R 100 S.E. 2ND STFam, ML{Mr, FLoRTDA 3313I Ttr. (305) Fdx (305)

9 Page 9 of9 WHEREFORE, Lovely Ritz demands judgment against the Defendants as follows: (D Establishing the just value of the Fifth Property and directing such adjustments between the Parties as may be necessary in connection therewith or directing the Fifth Property Appraiser to reassess the Fifth Property for the 2016 tax year in compliance with Florida law; (ii) Recalculating the taxes that should have been paid based on an assessment equal to the Fifth Property's just value, and ordering a refund to Lovely Rita of the excess amounts paid; (iid Awarding costs in favor of Lovely futa pursuant to Fla. Stat. $ ; and (iv) Granting such other and further relief as this Court deems just and proper RENNERT VOGEL MANDLER & RODRIGUEZ,P.A. At t o r ne y s fo r P I a int iffs Miami Tower, Suite S.E. Second Street Miami, Florida Telephone (305) Facsimile (305) By /s/ Jason R. Block Jeffrey L. Mandler Florida BarNo Jason R. Block Florida Bar No RTNNFRT VoGFI Ntr{NDT-ER & RoDRIGUM, P.A., ATToRNTYS AT f"tw, 29IH FLooR, MLAI,tr TowER 100 S.E. 2ND STREET, MrAMr, ELoRTDA TEL. (305) tt F,q-x (305)