FINANCIAL GEOFFREY L. CARPENTER; BRICKELL 53,{ INC.; 54445, INC.; FORBES

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1 Filing # E-Filed :07:58 PM IN THE CIRCUIT COURT OF THE 1lth JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COLINTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida, Plaintiff, VS. COMPLAINT MILLENNIUM TOWER RESIDENCES CONDOMINIUM ASSOCIATION; JACK KACHKAR; VIKTORIA BENKOVITCH; HSBC BANK USA, NATIONAL ASSOCL{TION as Trustee for Deutche Alt- A Securities, Inc.; DE ARMAS CAPITAL GROUP, LLC; ROLIZROLIZ, LLC1. SEQUOIA ROJA, LLC; FOUR SEASONS 47 A LLC; SUSAN L KATZ; YORKVILLE CORPORATION; FINANCIAL GEOFFREY L. CARPENTER; BRICKELL 53,{ INC.; 54445, INC.; FORBES DEVELOPMENT INC.; BAGOT TRADING, INC.; ELC MTAMI CORP.; 1425 BRICKELL 584 LLC; HIGH VALLEY REAL ESTATE INVESTMENT CORP.; FA 67, LLC; FRANCISCO CARRILLO; CLOVIS TREVINO; MAKIKI HOLDINGS, LLC; MAREBELLO INVESTMENTS LLC; AZIMUT 664, INC.; PH MILLENNIUM TOWER RESIDENCES, INC.; MTR LIMITED PARTNERSHIP; LUCY T. CHUA as Trustee of the Lucy T. Chua Declaration of TTust; CHRISTOPHER JEFFRIES; LISA T. JEFFRIES; PROMOCIONES PICHI LLC; ALAN FIELDS as Trustee of Alan Fields Living Trust; ROLIZROLIZ, LLC; SHARON M. KOENIG; RHYS CHAMBERLAIN &, KATHRYN WOODFINE; SILCO UNITED CORP.;

2 LIND INVESTMENTS, LLC; YORK CAPITAL CORPORATION; SALAR INVESTMENTS AMERICAN CORPORATION; RICHARD G BAUMERT; MARGARET C. BAUMERT; VALLEY RANCH REAL ESTATE INVESTMENT CORP.; ELASTOMER, INC; INCAM PROPERTIES, LLC; MAREBELLO INVESTMENTS LLC; ALAN G SMITH & KUSHID SMITH as Trustees of the K & A Nominee Trust; FS PH67, INC.; MTR LIMITED PARTNERSHIP; YON H. LAI; JENNIFER M. CHOW-LAI; FRANCISCO XAVIER MONCADA; ANTONIO JOSE JIMENEZ; SOLOMON TERNER; MARY TERNER; CHzuSTOPHER M. JEFFRIES; ROSTY INTERNATIONAL LTD; ROMAIN ARLENE-CALIXTO ZAGO; CORPORATION; PINECREST INDUSTRIES LLC; TECNORAVIA INTERNATIONAL CORPORATION; SIMBOLO DELTA, S. L.; CARRAYEN, LLC; EXTERRA BUSINESS CORPORATION; 50C, LLC; RONALD NICHOLAS SPAULDING as Trustee of the Ronald Nicholas Spaulding Family Trust; LIND INVESTMENTS, LLC; MIGUEL ANGEL CAPRILES; MTR LIMITED PARTNERSHIP; 58C INVESTMENTS, LLC; HIGH VALLEY REAL ESTATE INVESTMENTS CORP.; K CAPITAL HOLDINGS CORP; 64-C REAL ESTATE LLC; SNOWFLAKE HOLDINGS GROUP INC.; LEE BURCH; FS PH67,INC.; MTR LIMITED PARTNERSHIP; CHRISTOPHER M. JEFFRIES; CASAM PROPERTIES, LLC; 4 SEASONS 0912, LLC; INVERSIONES WM, LLC; HFH REALTY CAPITAL, LLC;DAVID SIMAN TOW; JAVIER LLANOS; EXTERRA BUSINESS CORPORATION; JAMES M. DOW 8. LUCILLE R. ZANGHI; THE SEVEN SEASONS UNIT 52D, LLC; GLEMINE SOUTHEAST INVESTMENTS LLC; MTR LIMITED PARTNERSHIP; -L- a

3 MIAMI ALL SEASONS, LLC; INVERSIONES VVM, LLC; VALLEY RANCH REAL ESTATE INVESTMENT CORP.; CASPIAN TRADERS 61DU LLC; DIAMIL LLC; K CAPITAL HOLDINGS CORP.; LASHERAS PARTNERS, LLC; FIRMA BAJCAR; AZIMUT 66 DU, INC.; FS PH67, INC.; MTR LIMITED PARTNERSHIP; ALLARD P. BAIRD & JULIA A. BAIRD; SOLOMON TERNER & MARY TERNER; CHRISTOPHER M. JEFFRIES & LISA JEFFRIES; MARIO J. PALUMBO; FREDERICK H B MURRAY &, GAUKHAR IDRISSOVA; OSCAR RODRIGUEZ BORGIO; NEWBURY TWO PROPERTIES, LLC; GENERATIONS, INC.; INVERSIONES VVM, INC.; MDR VIVALDI, LLC,; JUAN CARLOS VALLADARES; DAKARMA USA LLC; WARRENSVILLE LIMITED; SILCO UNITED CORP.; FS UNIT 52F, LLC; PETER DOCKTER as Trustee of the Peter Dockter Revocable Trust; EXTERRA BUSNESS CORP.; JUAN JOSE DELGADO &. GABRIELA RACHADELL DE DELGADO; INVERSIONES VVM, LLC; PHILIP E. AARONS & SHELLEY FOX AARONS; JUAN BALL; NATALIE COREN; BRUCE W. STAEHELI &, MAYBELLE STAEHELI; MITICO CORP.; FIRMA BAJCA& AZIMUT, INC.; 67 MILLENNIUM TOWER RESIDENCES, INC.; JAMES M. DOw & LUCILLE R. ZANGHI; MICHELLE A. SPERBER as Trustee of the Michelle Sperger Revocable Trust; FERMONI, INC.; 45 MIAMI LLC; FSMD REAL ESTATE LLC; MARTIN DTAZ; KAME FLORIDA INVESTMENTS, INC.; SKYMARK PROPERTIES, LLC; CALOGERO ALAIMO & VILMA MARIA DOMINGUEZ DE ALAIMO; PFL REAL, LLC; FS 48F, LLC; CHRISMAN, INC.; FS UNIT 52F, LLC; STEVE MARK CAKEBREAD &. JILL MAXINE CAKEBREAD as Co-Trustees of the Steven Mark Cakebread and Jill Maxine Cakebread -3 -

4 Trust; GOODHOLDINGS, CORP.; OCAMRO, INC.; GRASSMOOR MANAGEMENT LTD.; INFINITY PROPERTY HOLDINGS, LLC; W. PATRICK MCDOWELL 8. CAMILLE MCDOWELL as Co-Trustees of the McDowell 2007 Community Property Trust; F461, LLC; RMET BRICKELL, LLC; BRICKELL 65F, INC.; 67 MILLENNIUM TOWER RESIDENCES, INC.; DONALD MILLER & DEBORAH E. MILLER; PAC MIAMI CORPORATION; and LEON M. BIEGALSKI, as Executive Director of the State of Florida Department of Revenue, Defendants. Plaintiff, PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida, files this Complaint against the above-named Defendants and alleges: l. This is an action equitable in nature brought by Plaintiff in his official capacity as Property Appraiser of Miami-Dade County, Florida, to contest a change which the Miami-Dade County Value Adjustment Board ("V.4.8.") made in the assessment of certain real property for purposes ofad valorem taxation for the year This Court has jurisdiction of this equitable action pursuant to Sections and I94.171, Florida Statutes. This action is timely filed and all conditions precedent to bringing this action have been met. 3. Defendant LEON M. BIEGALSKI, Executive Director of the State of Florida Department of Revenue ("BIEGALSKI"), is the official of the state government responsible for overall supervision of the assessment and collection of ad valorem taxes. BIEGALSKI is joined herein pursuant to Section (5), Florida Statutes, because the tax assessment, as reduced by the V.A.B., is being contested on the grounds that it is contrary to the laws and Constitution of the State of Florida. 4-

5 4. As of January 1, 2017, Defendants, as described in Exhibit A by their respective names and tax folios, were the legal titleholders of record of the real property (hereinafter the "Subject Propefties") located at the Millennium Tower Residences. 5. Defendants were the taxpayers to whom the Subject Properties were assessed for 2017 and were responsible for the payment of all ad valorem taxes levied thereon. 6. Defendant MILLENNIUM TOWER RESIDENCES CONDOMINIUM ASSOCIATION is a condominium association, as defined in Section , Florida Statutes, located at the Millennium Tower Residences. 7. Plaintiff s 20I7 assessments were anived at by complying with Section I of the Florida Statutes, any other applicable statutory requirements relating to classified use values or assessment caps, and professionally accepted appraisal practices. Plaintiff legally arrived at his assessments, and his assessments represent just values for the Subject Properties for Defendants filed a joint petition with the V.A.B. contesting Plaintiffs assessments. The petition was heard by a Special Magistrate, who recommended reductions to amounts less than Plaintiff s assessment. 9. The V.A.B. adopted the recommendation of the Special Magistrate. Consequently, Plaintiffs assessments for the Subject Properties were reduced from a total of $253,509,064 to 8215,482,717 in excess of the thresholds provided in Section (1Xb). See Exhibit B. 10. Additionally, pursuant to Section (1Xa) of the Florida Statutes, the Plaintiff has determined and affirmatively asserts that the values approved by the V.A.B. are below just value, violate Florida Statutes, including Section , and violate Article VII, Section 4 of the Florida Constitution of Furthermore, the V.A.B. reductions will inconectly impact subsequent years' determination of assessed values pursuant to the application of Article VII, Section 4 of the Florida Constitution of 1968, and the implementing statutes, including Sections , , and of the Florida Statutes. WHEREFORE, Plaintiff prays that this Court: -5-

6 A. Inquire into and determine the illegality of the tax assessments as reduced by the V.A.B. B. Order that Plaintiffs assessments upon the Subject Properties be reinstated and certified to the Miami-Dade County Tax Collector for the issuance of a revised tax bill for the deficiency in taxes and interest, including all appropriate adjustments to subsequent years' market and/or assessed values, in accordance with Article VII, Section 4 of the Florida Constitution of C. Order BIEGALSKI to approve Plaintiffs assessment of the Subject Properties as reinstated by the Court. D. Grant Plaintiff his costs and such other relief as is just and proper. DESIGNATION OF ADDRESSES Pursuant to Florida Rule of Judicial Administration 2.516, undersigned counsel hereby designates his/her primary and secondary addresses for purposes of service as follows: Primary address: Ryan.Carlin@miamidade.gov Secondary address: Lisandra.Diaz@miamidade.gov Respectfully submitted, ABIGAIL PRICE-\ryILIAMS Miami-Dade County Attorney Stephen P. Clark Center, Suite Northwest First Street Miami, Florida By /s/rvan Carlin Assistant County Attorney Florida Bar No E-mai I : Ryan. Carl gov Telephone: (305) I 5 1 Facsimile: (305)