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4" FILED: BROWARD COUNTY. FL Brenda D. Forman, CLERK 1/20/2017 12:48:27 PM.****
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IN THE CIRCUIT COURT OF THE SEVENTENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY,
FLORIDA CIVIL DIISION
BRIXMOR RESIDUAL PRESIDENTIAL PLAZA, INC.,
Plaintiff,
v. CASE NO.: CACE-16-022767
MOUNT SINAI MISSIONARY BAPTIST CHURCH
OF DELIVERANCE, INC.
d/b/a MOUNT SINAI BAPTIST CHURCH
OUTREACH CENTER: GARY MCCLEOD, and
HELEN MCCLEOD,
Defendants,
TO: Clerk of the Court
Broward County Courthouse
201 Southeast 6" Street
Room 120
Fort Lauderdale, FL 33301
. ANSWER TO MOTION FOR DEFAULT FINAL JUDGEMENTFOR POSSESSION OR,
IN THE ALTERNATIVE, MOTION TO REQUIRE PAYMENT OF RENT INTO THE
COURT REGISTRY PURSUANT TO FLA. STAT. §83.232
As stated in our previous answer to this honorable court, we, the Defendants, Mount Sinai Missionary
Baptist Church of Deliverance, d/b/a Mount Sinai Baptist Church Outreach Center, Gary McCleod and
Helen McCleod do not agree with the Plaintiff, Brixmor Residual Plaza, LLC (“Landlord”), concerning the
amount of rent due in the amount of $12,030.02 and does not agree to the amount owed of
$158,000.00 in accelerated rent through the remainder of the lease term. The amount due should be
$7,230.02 but we will need more time to pay the rent due in the amount of $7,230.02 and would like to
file a Motion To Request Additional Time To Pay Rent and request a Mediation to determine the amount
to be paid and give the following written response as follows:MOTION TO REQUEST ADDITIONAL TIME TO PAY RENT AND REQUEST FOR MEDIATION
We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai Baptist
Church Outreach Center, Gary McCleod and Helen McCleod asks The Clerk of Courts to grant us
Additional Time to pay our past due rent in the amount of $7,230.02. This is due to the fact that we the
Defendants were made certain promises by the Tenant which were not kept and both parties could not
agree on these terms so please we beg the court to give us this Additional Time to pay our rent until the
court can determine the amount due.
Our other response is as follows:
1. We will pay to the Clerk of the Court the amount of rent due once rent has been determined by
the court once the lawsuit is over into the Clerk’s registry.
2. We do not agree with items 3 to 4 as stated in the Background of the plaintiffs motion and the
amount claimed by the Plaintiff in the amount of $12,030.02 and the Tenant was due 4,800.00
to make repairs to the building and has paid rent in the amounts of $2000.00.
3. We, the defendants do not agree with items 5 through 6, wherein we answered the court
ourselves but will have full representation at the mediation if granted by the court and because
we answered the plaintiff within the 5 day period it was on a Friday when we mailed out
correspondence and Sunday the mail does not move and the plaintiff's attorney is located in
Tampa and not South Florida, however we will communicate through both mail and email
moving forward.
4. We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai
Baptist Church Outreach Center, Gary McCleod and Helen McCleod do not think that we should
be forced to move for the following reason(s):
BASIS FOR RELIEF
5. We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai
Baptist Church Outreach Center, Gary McCleod and Helen McCleod DOES NOT agree with BASIS
FOR RELIEF Allegations 7 through 14.
6. When we, the defendants answered the plaintiff's motion we were told by the Clerk of Courts
we did not have to deposit any funds into the courts registry at that time and would we filed our
Answer to the plaintiff's motion. Therefore, we ask the court that no action be taken concerning
the plaintiffs request for Default Judgement and if required, we will then deposit our funds into
the courts registry upon the courts request.
7. As stated in item 3, We, the defendants will have full representation concerning this matter in
our future responses and our council will be present at our mediation hearing if granted by the
court.
BACKGROUND
COUNT 1 ~ POSSESSION10.
11.
12.
13.
14.
We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai
Baptist Church Outreach Center, Gary McCleod and Helen McCleod, do not agree with items 14
through 18 and 20 through 22 and should not be held in default of the lease and requests the
court to grant us for Additional Time to Pay Rent until the court has determined the correct
amount of rent due. WHEREFORE, we the Defendants feel we should be allowed to stay in the
premises located at 7326 Southgate Blvd., North Lauderdale, FL 33068 and not be forced to
move until this matter is resolved.
COUNT Il — BREACH OF CONTRACT
We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai
Baptist Church Outreach Center, Gary McCleod and Helen McCleod, the Defendants do not
agree with items 23 through 28 and states that it is the Landlord who has not met all the terms
of this lease as follows:
The Plaintiff agreed to pay Tenant the amount of $4,800.00 to make repair to the building and
as of this date has failed to do so.
The Plaintiff per the lease was to give the Tenant four mounts free rent until such repairs could
be made but failed to do so.
We, the Tenant also informed the Landlord that the front window of the building was shattered
and broken and the roof was also leaking. No such repairs have been made.
Upon receipt of the premises Landlord did not specify or disclose to us the Tenant that the
building was not properly zoned for our business and we have to incur other expenses to change
the zoning therefore we were unable to downsize the water meter which is currently costing us
an average of $350.00 per month regardless of the amount of water used within a monthly
period.
We the Defendants have not caused nor have we done any damage to this property and it is in
better shape now than when we first occupied which has been vacant for over (5) five years
prior to us taking possession of the property.
WHEREFORE, Defendants ask the court to DENY requests (i), (ii) and (iii) and allow us to
remain in the dwelling and not be forced to move and we assure the court that we will pay our rent
when due after that this matter have been resolved and ask again that we be not forced to vacate the
premises and asks that the court will waive the attorney's fees and all other costs and that we be
allowed to pay the rent due once determined by this honorable court.
Dated: January 20, 2017
Signed,
Chg
Helen Mis
Wlbrbh—CC: Seth P. Traub and Jaime Austrich
101 E. Kennedy Bivd., Suite 2800
Tampa, FL 33602
(813) 229-7600;
Fax: (813) 229-1660
email: jaustrich@stk-law.com
straub@slk-law.com
dmecabe@slk-law.com
Counsel for Plaintiff
Preview
4" FILED: BROWARD COUNTY. FL Brenda D. Forman, CLERK 1/20/2017 12:48:27 PM.**** 4 IN THE CIRCUIT COURT OF THE SEVENTENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIISION BRIXMOR RESIDUAL PRESIDENTIAL PLAZA, INC., Plaintiff, v. CASE NO.: CACE-16-022767 MOUNT SINAI MISSIONARY BAPTIST CHURCH OF DELIVERANCE, INC. d/b/a MOUNT SINAI BAPTIST CHURCH OUTREACH CENTER: GARY MCCLEOD, and HELEN MCCLEOD, Defendants, TO: Clerk of the Court Broward County Courthouse 201 Southeast 6" Street Room 120 Fort Lauderdale, FL 33301 . ANSWER TO MOTION FOR DEFAULT FINAL JUDGEMENTFOR POSSESSION OR, IN THE ALTERNATIVE, MOTION TO REQUIRE PAYMENT OF RENT INTO THE COURT REGISTRY PURSUANT TO FLA. STAT. §83.232 As stated in our previous answer to this honorable court, we, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai Baptist Church Outreach Center, Gary McCleod and Helen McCleod do not agree with the Plaintiff, Brixmor Residual Plaza, LLC (“Landlord”), concerning the amount of rent due in the amount of $12,030.02 and does not agree to the amount owed of $158,000.00 in accelerated rent through the remainder of the lease term. The amount due should be $7,230.02 but we will need more time to pay the rent due in the amount of $7,230.02 and would like to file a Motion To Request Additional Time To Pay Rent and request a Mediation to determine the amount to be paid and give the following written response as follows:MOTION TO REQUEST ADDITIONAL TIME TO PAY RENT AND REQUEST FOR MEDIATION We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai Baptist Church Outreach Center, Gary McCleod and Helen McCleod asks The Clerk of Courts to grant us Additional Time to pay our past due rent in the amount of $7,230.02. This is due to the fact that we the Defendants were made certain promises by the Tenant which were not kept and both parties could not agree on these terms so please we beg the court to give us this Additional Time to pay our rent until the court can determine the amount due. Our other response is as follows: 1. We will pay to the Clerk of the Court the amount of rent due once rent has been determined by the court once the lawsuit is over into the Clerk’s registry. 2. We do not agree with items 3 to 4 as stated in the Background of the plaintiffs motion and the amount claimed by the Plaintiff in the amount of $12,030.02 and the Tenant was due 4,800.00 to make repairs to the building and has paid rent in the amounts of $2000.00. 3. We, the defendants do not agree with items 5 through 6, wherein we answered the court ourselves but will have full representation at the mediation if granted by the court and because we answered the plaintiff within the 5 day period it was on a Friday when we mailed out correspondence and Sunday the mail does not move and the plaintiff's attorney is located in Tampa and not South Florida, however we will communicate through both mail and email moving forward. 4. We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai Baptist Church Outreach Center, Gary McCleod and Helen McCleod do not think that we should be forced to move for the following reason(s): BASIS FOR RELIEF 5. We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai Baptist Church Outreach Center, Gary McCleod and Helen McCleod DOES NOT agree with BASIS FOR RELIEF Allegations 7 through 14. 6. When we, the defendants answered the plaintiff's motion we were told by the Clerk of Courts we did not have to deposit any funds into the courts registry at that time and would we filed our Answer to the plaintiff's motion. Therefore, we ask the court that no action be taken concerning the plaintiffs request for Default Judgement and if required, we will then deposit our funds into the courts registry upon the courts request. 7. As stated in item 3, We, the defendants will have full representation concerning this matter in our future responses and our council will be present at our mediation hearing if granted by the court. BACKGROUND COUNT 1 ~ POSSESSION10. 11. 12. 13. 14. We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai Baptist Church Outreach Center, Gary McCleod and Helen McCleod, do not agree with items 14 through 18 and 20 through 22 and should not be held in default of the lease and requests the court to grant us for Additional Time to Pay Rent until the court has determined the correct amount of rent due. WHEREFORE, we the Defendants feel we should be allowed to stay in the premises located at 7326 Southgate Blvd., North Lauderdale, FL 33068 and not be forced to move until this matter is resolved. COUNT Il — BREACH OF CONTRACT We, the Defendants, Mount Sinai Missionary Baptist Church of Deliverance, d/b/a Mount Sinai Baptist Church Outreach Center, Gary McCleod and Helen McCleod, the Defendants do not agree with items 23 through 28 and states that it is the Landlord who has not met all the terms of this lease as follows: The Plaintiff agreed to pay Tenant the amount of $4,800.00 to make repair to the building and as of this date has failed to do so. The Plaintiff per the lease was to give the Tenant four mounts free rent until such repairs could be made but failed to do so. We, the Tenant also informed the Landlord that the front window of the building was shattered and broken and the roof was also leaking. No such repairs have been made. Upon receipt of the premises Landlord did not specify or disclose to us the Tenant that the building was not properly zoned for our business and we have to incur other expenses to change the zoning therefore we were unable to downsize the water meter which is currently costing us an average of $350.00 per month regardless of the amount of water used within a monthly period. We the Defendants have not caused nor have we done any damage to this property and it is in better shape now than when we first occupied which has been vacant for over (5) five years prior to us taking possession of the property. WHEREFORE, Defendants ask the court to DENY requests (i), (ii) and (iii) and allow us to remain in the dwelling and not be forced to move and we assure the court that we will pay our rent when due after that this matter have been resolved and ask again that we be not forced to vacate the premises and asks that the court will waive the attorney's fees and all other costs and that we be allowed to pay the rent due once determined by this honorable court. Dated: January 20, 2017 Signed, Chg Helen Mis Wlbrbh—CC: Seth P. Traub and Jaime Austrich 101 E. Kennedy Bivd., Suite 2800 Tampa, FL 33602 (813) 229-7600; Fax: (813) 229-1660 email: jaustrich@stk-law.com straub@slk-law.com dmecabe@slk-law.com Counsel for Plaintiff