1. This is an action to contest ad valorem tax assessments pursuant to Section

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1 Filing # E-Filed :22:29 PM IN TTIE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA SEARS HOLDINGS MANAGEMENT CORPORATION, a Delaware corporation, v. Plaintiff PALM BEACH COUNTY PROPERTY APPRAISE& PALM BEACH COUNTY TAX COLLECTOR and STATE OF FLORIDA DEPARTMENT OF REVENUE Case No: CA013766XXXXM8 Civil Division: 'AI" Defendants. I AMENDED COMPLAINT Plaintiff, Sears Holdings Management Corporation, a Delaware corporation ("Plaintiff'), sues Defendants, Palm Beach County Property Appraiser ("PBCPA"), PALM BEACH COUNTY TAX COLLECTOR (the o'tax CollectoC') and STATE OF FLORIDA DEPARTMENT OF REVENUE ("DOR"), and states: 1. This is an action to contest ad valorem tax assessments pursuant to Section l, Florida Statutes. 2. Plaintiffis a Delaware corporation and is entitled to bring this lawsuit pursuant to Section (1Xa), Fla. Stat., as the party responsible for the entire tax payment for the properties set forth below pursuant to contract and with the written consent of the property owner. 3. Plaintiff is a subsidiary of Sears Holdings Corporation, which is the owner of the retail store brands Sears and Kmart, among others. I S Brnt;xn" STl.ISERt'orAN 350 EAST LAS OLAS BLVD. I SUiTE 1000 FORT LAUBERDALE, FLORIDA f: f: 954-$

2 4. PBCPA is and was at all times material hereto a Constitutional County Officer pursuant to the Fla. Const. of 1968, art. VI[, $ l(d). PBCPA is a "count5/ property appraiser," as defined by Section (3), Florida Statutes, and is responsible for determining the value of all property within Palm Beach County, Florida for taxation. 5. The Tax Collector is and was at all times material hereto a Constitutional County Officer pursuant to the Fla. Const. of 1968, art. VlI, $ 1(d). PBCPA is a "county tax collector," as defined by $ (4), Florida Statutes, and is responsible for the collection of ad valorem taxes levied by the county, the school board, any special ta:ring districts within the county, and all municipalities within the county. 6. DOR is an agency of the State of Florida, and the offrcial of the State of Florida responsible for overall supervision of the assessment and collection of ad valorem taxes. 7. This lawsuit involves PBCPA's tax assessments for the 2016 Tax Year on six parcels ofreal property identified as: a. Parcel No , located in Boca Raton, Florida ('?arcel 1"); b. Parcel No located in Boynton Beach, Florida ("Parcel2"); c. Parcel No , located in Palm Beach Gardens, Florida ("Parcel 3"); d. Parcel No , located in Lantana, Florida ("Parcel 4"); e. Parcel No , located in Boca Raton, Florida ("Parcel 5"); and 2 -,G BMNG.N$L SINT}E$LIVIAN 350 EAST LAS OLAS BLVD. I SUITE 1000 FORT LAUOERDALE, FLSRIDA f: f: WWW'EHRGERSINGTRMAN.COM

3 f. Parcel No , located in West Palm Beach, Florida ("Parcel 6"). (collectively, the "Properties"). 8. Venue and jurisdiction are proper in this Court under Section l94.l7l(l), Florida Statutes. 9. For the 2016 year, PBCPA assessed the Properties as follows: a. Parcel I at $8,400,000.00; b. Parcel 2 at$3,200,000.00; c. Parcel3 at $4,500,000.00; d. Parcel 4 at$3,434,733.00; e. Parcel5 at $6,050,000.00; and f. Parcel6 at $10,313, The foregoing assessments were placed on and became part of the tax rolls for Palm Beach County upon PBCPA's certification for collection. PBCPA certified the 2016 TaxYear ro11 for collection pursuant to $ (2), Florida Statutes, on October ll, The Plaintiffs have complied with any and all conditions precedent to the causes of action set forth herein. 12. With respect to Parcel 1, pursuant to contractual requirements, on November 23, 2016, the property owner's lender, Corelogic, paid $182, to the Palm Beach County Tax Collector (the "Tax Collectot''), which represents the fuil amount of the property taxes and nonad valorem assessments for the 2016 Tax Year, less the applicable discount. Corelogic was issued Receipt No With respect to Parcel 1, Plaintiff is obligated to reimburse the 4 J.& nxnc:xk sirnlcert\[an 350 EAST LAS OLAS BLVD. I SUITE 1000 I FoRT LAUDERDALE, FLORTDA f; $900 f;

4 owner's lender for property taxes and special assessments lawfully due and owing, which the lender has paid on Plaintiff s behalf. 13. On December 10, 2016, Plaintiff made payment to the Tax Collector in the following amounts, which are the amounts Plaintiff admits in good faith to be owing, pursuant to Section l(3), Florida Statutes: a. $81, for Parcel 2; b. $98, for Parcel 3; c. $70,621.L2 for Parcel 4; d. $115, for Parcel 5; and e. $130, for Parcel On December 8,2016, Plaintiff sent good faith payment checks for the Properties, excepting Parcel 1, via UPS for delivery by December 9,2016 at 8:30 a.m. to its local counsel, Berger Singerman LLP, 350 E. Las Olas Blvd., Suite 1000, Fort Lauderdale, FL 33301, to be hand delivered by the undersigned to the Ta,r Collector for issuance of receipts to be attached to this Complaint in accordance with $ , Florida Statutes. UPS did not deliver the good faith payment checks to Berger Singerman LLP until December 10, 20t6 at 10:51 a.m., and as a result, the undersigned could not make it to the Ta:< Collector's offtce in time to make the payment by hand and be issued receipts. 15. The undersigned then placed the envelope containing the good faith payment checks for the Properties, excepting Parcel 1, in the mail to the Tax Collector on December 10, 2016, and the U.S. Postal Service postmarked the envelope on December 10, See Exhibit A. 4.& Bxn"cxk $INtrExidAN 350 EAST LAS OLAS BLVD. i SUITE 1000 FORT LAUDERDALE, FLORIDA I: l:

5 16. The Tax Collector issued a Receipt No. Ul for the good faith payments, a copy of which is attached as Exhibit B. 17. Pursuant to Fla. Admin. Code Ann. r. 12D (l)(a)1, the date of tax payment is the date of the postmark for mailed tax payments. COUNT l) 18. Plaintiff realleges the allegations set forth in paragraphs 1 through 17 above. 19. Art. Vtr, $ 4 of the Fla. Constitution of 1968 requires PBCPA to assess the Properties for ad valorem ta>r based on their just valuation. 20. PBCPA's assessment of Parcel 1 for the 2016 Tax Year does not constitute just valuation of Parcel 1. WHEREFORE, the Plaintiff respectfully demands judicial review of PBCPA's assessment of Parcel 1, determination of the just valuation of Parcel l, judgment against PBCPA valuation of Parcel 1, and for its costs pursuant to $ , Florida Statutes, and such other and COTINT II (Parcel 2) 21. Plaintiffrealleges the allegations set forth in paragraphs 1 through 17 above. 22. Art. VIL g 4 of the Fla. Constitution of 1968 requires PBCPA to assess the Properties for ad valorem tax based on their just valuation. 23. PBCPA's assessment of Parcel 2 for the 2016Tax Year does not constitute just valuation of Parcel2. WHEREFORE, the Plaintiff respectfully demands judicial review of PBCPA's 5.& BxncxR slr^{sn}(aia}.i 350 EAST LAS OLAS BLVD. I SUIrE 1000 FORT LAUDERDALE, FLORIOA l: f: S

6 assessment of Parcel 2, determination of the just valuation of Parcel 2, judgment against PBCPA valuation of Parcel 2, andfor its costs pursuant to S194.lg2,F1orida Statutes, and such other and COUNT III (Parcel3) Plaintiffrealleges the allegations set forth in paragraphs I through 17 above. Art. VII, $ 4 of the Fla. Constitution of 1968 requires PBCPA to assess the Properties for ad valorem talr based on their just valuation. 26. PBCPA's assessment of Parcel 3 for the 2016 Tax Year does not constitute just valuation of Parcel3. WHEREFORE, the Plaintiff respectfully demands judicial review of PBCPA's assessment of Parcel 3, determination of the just valuation of Parcel 3, judgment against PBCPA valuation of Parcel 3, and for its costs pursuant to $ , Florida Statutes, and such other and firther relief as the Court deems just and equitable. COI]NT IV (Parcel4) 27. Plaintiff realleges the allegations set forth in paragraphs 1 through 17 above. 28. Art. VII, $ 4 of the Fla. Constitution of 1968 requires PBCPA to assess the Properties for ad valorem tax based on their just valuation. 29. PBCPA's assessment of Parcel 4 for the 2016 Tax Year does not constitute just valuation of Parcel4. WIIEREFORE, the Plaintiff respectfully demands judicial review of PBCPA's 6.S BXXCXR- STr^{ffERIVLA'hI 350 EAST LAS OLAS BLVD. I SUTTE 1000 FORT LAUDERDALE, FLORTDA f; f: I

7 assessment of Parcel4, determination of the just valuation of Parcel4, judgment against PBCPA valuation of Parcel 4, and for its costs pursuant to , Florida Statutes, and such other and COUNT V (Parcel 5) 30. Plaintiff realleges the allegations set forth in paragraphs 1 through 17 above. 31. Art. VII, $ 4 of the Fla. Constitution of 1968 requires PBCPA to assess the Properties for ad valorem tax based on their just valuation. 32. PBCPA's assessment of Parcel 5 for the 2016 Tar Year does not constitute just valuation of Parcel5. WIIEREFORE, the Plaintiff respectfully demands judicial review of PBCPA's assessment of Parcel 5, determination of the just valuation of Parcel 5, judgment against PBCPA valuation of Parcel 5, and for its costs pursuant to $ , Florida Statutes, and such other and COTINT YI (Parcel 6) 33. Plaintiff realleges the allegations set forth in paragraphs 1 through 17 above. 34. Arl VII, $ 4 of the Fla. Constitution of 1968 requires PBCPA to assess the Properties for ad valorem tax based on their just valuation. 35. PBCPA's assessment of Parcel 6 for the 2016Tax Year does not constitute just valuation of Parcel6. WIIEREFORE, the Plaintiff respectfully demands judicial review of PBCPA's 7.& MXNCER- 5Ir'l$ERlrrAN 350 EAST LAS OLAS BLVD. I SUITE 1000 FORT LAUDEROALE, FLORIDA f; f: S

8 assessment of Parcel 6, determination of the just valuation of Parcel 6, judgment against PBCPA valuation of Parcel 6, and for its costs pursuant to $ , Florida Statutes, and such other and Respectfu lly Submitted, BERGER SINGERMAN LLP Attorneys for Plaintiff 350 East Las Olas Blvd., Suite 1000 Fort Lauderdale, FL Telephone: (954) Facsimile: (954) By: sl Paul S. Fiss PAUL S. FIGG Florida BarNo COLLEEN A. MARANGES Florida Bar No CERTIFICATE OF SERVICE I IIEREBY CERTIFY that on this 9th day of May, 2017, the foregoing was filed using the Florida Courts E-Filing Portal, which sent notification of electuonic filing to: Jay R. Jacknin, Esq. and Neil B. Jagolinzer, Jacknin & lagolirrrzer, Attorneys for Defendant, clo Property Appraiser's Office, Governmental Center, Fifth Floor, 301 N. Olive Avenue, West Palm Beach, Florida , neil@j nj law.net and tllewis@,nbc gov. org. By: s/ Paul S. Fiss Paul S. Figg 8 -& Bxxcxlr SIl.{*n}LlvtAt\r 350 EAST LAS OLAS BLVD. I SUITE 1000 FORT LAUDERDALE, FLORIBA l: f: