Marqui Longwood - Leased building not up to code, illegal structures. Landlord infringed on operations, worked with local county officials to bankrupt & run company out of town!. Longwood FL

Link to Exhibitshttps://drive.google.com/drive/folders/1-Xd013iW8KlIbnSxk2K4Yz_oSCMp_JP7?usp=drive_linkOptiView EntertainmentOptiView 360 Tours, LLCJoseph Andrew DiazI leased at 855 N US Highway 17-92,
Longwood FL 32750 from Dec 6th 2021 – March 26th 2024.

I assert the following claim that upon vacating the premises of 855 North US Highway 17-92 Longwood, FL 32750 in good faith, had removed all garbage from the aforementioned building both inside and out and left it in pristine condition.  SIGNED LEASE EXHIBIT: FOLDER (A) A & B

Mitch Marqui, Joseph Diaz & Ann Marie performed a walk-through of the entire property on March 26th, 2024, approving that all was in proper form and condition and that there were no improprieties to be found. *FL Statute 83.44 Obligation of Good faith. Video & picture evidence will be provided - Dated

I affirm that the lessors did not within a reasonable time return my deposit of $20,000 albeit that is indeed the agreement. Said deposit is withheld without good cause. The lease was fraudulent and dishonest from the start regarding the illegal structures and building not up to code with fire safety systems. No Ready for use, defendants knew that my projects wouldn’t proceed without great expenses and prolonged delays.

On December 6, 2021, when the lease was signed by my party and the lessor’s party, the lessors did also receive the sum of $200,000.00 up front for rent in good faith. This was to pay for a minimum of one year’s lease with 20K set aside for deposit. EXHIBITS: FOLDER (G) G-2 & G-3

I attest that the lessors did not have a proper permit from Seminole county for the building and that the building was not at the time up to code thereby causing potential fire and safety hazards and a fraudulent lease as the building was not ready to occupy. EXHIBITS: FOLDER (F) F-3 PG 3 - 6 – F-1 PG 1-5 -- & FOLDER (E) E-1 PG 5 – E-2 PG 2 – E-5 PG 3 – E-3 PG 4

I affirm that in addition to this fact, the lessors did obstruct my business & personal income in several forms, being a possible violation Fl Statue 83.

I confirm that the lessors did prevent my person from operating for the period of 10-12 months. Evidence provided. 
Fl Statute 83 allows a tenant to use their own monies to make necessary state and county required code corrections or repairs if the lessor does not resolve such issues within 20 days. Such issues were never resolved by the lessors. With a lump sum of 200K paid up front I had no recourse or actions to withhold rent, use legal actions to secure timely remedies to the issues, put in a corner under duress.

I affirm that I did send the lessors many emails advising them of these ongoing issues that did obstruct my personal income. The building was not up to code therefore I could not retain the proper permits or licenses. I did request several months free to be returned to me on several occasions or to resolve some other way.EXHIBIT: FOLDER (E) E-3 E-4 PERMIT & FOLDER (F) F-6 F-7 F-8 PERMIT  The requests were denied.

The defendants performed the following with full evidence to show

1.  The lessors did not provide a building that was legal to operate due to unpermitted upstairs structures, building not up to code with fire safety. At the time I was not aware of such issues until after signing the lease, then 8 months later the non disclosed pre-existing issues were discovered by new Fire Chief Christina Diaz from the Seminole County fire department. These issues obstructed my income and caused severe financial losses, delays, and huge expenses for my person and my businesses. EXHIBIT: FOLDER (F) F-6 PG 4+21Illegal Unsafe Stairs Removed – EXHIBIT FOLDER (F) – F-9 PG 3

2.  The lessors refused to work with a Real Estate agent I had hired to protect my interests. EXHIBIT: FOLDER (G) G-1

3.  The lessors did deny me the right place an appropriate digital billboard up on the premise as I had been approved by Quail Financial & Mitsubishi for the loan.EXHIBITS: FOLDER (H) H-1 & H-2Old Location Sign at 7309 E Colonial Drive, Orlando FL 32807EXHIBIT FOLDER (F) F-2 PG 5-6

4.  The lessors did make false statements to public officials Bob Pike per FL Statute 837.06 I hereby ask the court to bring me appropriate relief for all my financial losses to my person to bring damages for the pain and suffering I have endured through this unnecessary ordeal. EXHIBITS: FOLDER (D) D-2 PG 9-10 & FOLDER (I) I-3

5.  Mitch Marqui and Marqui Longwood LLC had full facts of knowledge of the illegal structure that would hinder my ability to build out a kitchen in that area of the building, get the permits needed to open, operate and generate income for myself and others. I affirm that the various permits needed were severely delayed, adding to my pain and suffering. I affirm that all my entities are shut down and closed at this time due to the actions and inaction of the defendants. EXHIBITS: E-3 – E-4 FULL PERMIT

6.  Beer and wine incomplete permit I tried to get but despite my efforts to have proper insurance and coverage to take all liability it was still not an option and met with resistance! EXHIBIT FOLDER (H) H-4

7.  Continued objections to let me list on Peerspace.com, my artistic style & that of others is a perfect fit for the platform, landlord declined. EXHIBIT: FOLDER (H) H-5

8.  Clearly understood my income plans & operations, see pictures of the defendants at my old location where they got to see clearly my theater stage and understand my directives regarding entertainment for income. EXHIBIT: FOLDER (G) G-6 – WILL UPLOAD TO PORTAL CLEARER IMAGES.

9.  Mold – Leaks When I confronted the defendants, I was met with a very hostile response. The defendants pawned the situation off to the original building manufacturer that was also very rude and hostile. Instead, I would attempt to fix what I could on my own along with mold remediation equipment. EXHIBITS FOLDER (G) G-7The HVAC system is very dated, and the mold situation is deep within the duck work and air handler condensers.        

This has not only resulted in an unpleasant working environment but has also raised serious concerns about the potential health risks associated with exposure to toxic mold, including respiratory problems and allergies. This caused a considerable concern for the health and safety of my staff and customers at the time. The presence of mold is usually indicative of underlying issues such as leaks, dampness, or poor ventilation, which in this case was the root cause of the problem. I would air out the building daily and run mold remediation scrubbing filters 247. Since the rent was paid in a large sum Joseph Diaz had no recourse that would let plaintiff enforce laws that would have protected Joseph Diaz during the many noncompliance situations. Joseph Diaz was unable to withhold rent to enforce compliance, again stuck in a corner. The many situations have caused me irreparable harm and hardships that have been detrimental and have changed my life forever, ruined my credit, equipment lender relationships built over 13 years, Joseph Diaz has been very traumatized.

10. Bankruptcy Court Representation reaffirms my claims. EXHIBITS FOLDER (I) I-1 PG 11-12

11.  Improvements Needed – Bathrooms, held, up, overpriced GC MTB Build – Doug Brown landlord demanded we hire asking $65,000 for 2 small stalls we couldn’t afford, then my permit expired. EXHIBITS FOLDER (F) F-7 CURRENT BATHROOMS – F-8 BATHROOMS NEEDED – FOLDER (D) D-1 PG 4-5-6 $65,000 COST & SHOPPED RATESPlaintiff’s Overpriced Landlord GC Examples – EXHIBITS: FOLDER (F) F-9 & F-5
 
12. Motives to not have a change of use, delay permits855 N US Highway 17-92, Longwood FL 32750 is 12,800sf, and then on top of it had an illegal structure made from wood putting it WAY over the building codes or agreed grandfathered status it was given in 1996. EXHIBIT FOLDER (G) G-4A change of use to “Assembly needed For my project” would compromise the Grandfathered non sprinkler status.The change of use would require the building to be Separated from the warehouse, “PERMANENTLY” or face the facts that a sprinkler would be required if needing to reconnect the warehouse to the showroom as it was before I rented it. Defendants often complained about this. “Meeting new codes”EXHIBIT: FOLDER (G) G-5 SPRINKLER LAWS

13.  Description of my projects, various setbacks, not up to code issues, stunted growth, fraudulent lease - transcripts FOLDER (C) C-1 PG 8-9-10-11

DISHONESTY - Upon taking possession of the property, it was my understanding that the building was in compliance with all local and state building codes and was ready for use. However, it came to my attention 8 months later July 29, 2022, that the building was not up to code and contained an illegal preexisting structure that was never disclosed to me prior to signing the lease agreement. That situation put me in a precarious position at the time that ultimately led to bankruptcy. The building was not fit for the purpose it was leased for, which is to generate revenue for my businesses & personal income. The undisclosed illegal structure and non-compliance with the building codes rendered the propertyunusable for approx. 12 months, causing significant financial loss damage to my reputation, branding, income, growth, and mental health. I believe this constitutes a fraudulent lease agreement as the property was misrepresented from the start. I am deeply disappointed and distressed by the situation, as I entered into the lease agreement in good faith, expecting transparency and honesty.          

Furthermore, I have noticed several instances of bias in the lease agreement. Certain clauses seem to disproportionately favor the landlord, leaving Joseph Diaz, the tenant with limited rights and protections. This lack of balance in the lease agreement for an entertainment complex. It is a common and legal right for a tenant to be represented by a realtor or legal counsel when reviewing and signing a lease agreement. This is to ensure that the tenant fully understands the terms and conditions of the lease and that their rights are adequately protected.          

According to Florida's Deceptive and Unfair Trade Practices Act, it is illegal for a company to engage in unfair methods of competition, unconscionable acts or practices, and deceptive practices. I believe it is unfair for the defendants hinder legitimate business activities when working to do it right each time with proper permits. Under normal operating circumstances I have demonstrated growth and profitability. However, the onslaught of difficulties in obtaining required permits due to the actions and inaction of the defendants have detrimentally impacted my operations, personal income. These issues, which could have been avoided, have resulted in significant operational challenges, subsequently leading losses of income.           

I have encountered numerous roadblocks in the process of licensing, permits due to the landlord's failure to meet essential property regulations. Despite multiple correspondences and requests for intervention during the times 12-3-2021 thru 3-15-2024, there seems to be a lack of responsibility demonstrated, which has ultimately delayed my permit approvals. This, in turn, led to unavoidable personal income downtime of approx. 12 months affecting not only my income but also my reputation with my clientele.        

I am hopeful that upon reviewing the evidence, you will understand the gravity of the situation and the extent of the damage caused by the defendant's actions. I believe that this evidence will provide a clear and compelling case for the court to hold the defendant accountable for their actions and inaction. This has significantly impacted my operations, interfered with my plans, and resulted in an inability to generate income for myself and my team. With my permit issues, unknown preexisting non disclosed illegal construction from the start, my very first step to apply for kitchen renovations and sign progress were halted by landlord.         

Mitch Marqui & Lynn Marqui intended to mislead a public servant  (Bob Pike Building Department) in the performance of his or her official duty is also guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s. 775.083 Its unethical and illegal to infringe on the ability for a tenant to operate and have an income when you rent real estate to them to just so. It’s clear there was sabotage, intentional infliction of emotional distress, defendants used their GC & the various needed trades to stall and delay progress. As a professional advertising developer of multimedia I planned years ahead for such a budget when I rented defendants location and should have never been put in the toxic situation to have to rely on promoters VS the digital advertising landscape that I’m very well trained in, but our budget was exhausted on being CLOSED with delay after delay by defendants. These promoters created an environment at times that we would later discover not to our values and culture.          

During these hold up with our permits for kitchen, removal of illegal structure I had to still conduct off site business for clients to earn income, I was forced to temporarily connect some electrical because of such a hold up in this process. But I got those resolved in 7 days when shown to the fire department. EXHIBIT FOLDER (A-B) B-2 PERMIT       

There has been a clear violation of the terms of our agreement and a deliberate breach of contract on Marqui Longwood LCC & signed officer Mitch Marqui, which has caused me considerable financial damage, as described. From the onset of our landlord-tenant relationship, my business dealings have been fraught with obstacles, resistance, and dishonesty. Despite my regular and diligent adherence to the agreed terms, Marqui Longwood LLC & Mitch Marqui actions undermined my operations and caused financial strain, thereby leading to a breach of contract.

Request to be heard in front of a Judge & Jury, I want to enforce my 6thamendment rights. I ask NOT to be heard or decided upon by a magistrate.My Demands & Request - I hereby request relief in the form of my rent and deposit returned to me in the sum of $200,000 plus predictive losses and emotional damage caused to my person by this ordeal. $6,000,000.00 to cover loss of income, damage, pain & suffering, intentional infliction of emotional distress & sabotage caused by the defendants.
I affirm also that I was forced to file bankruptcy (EXHIBITS: FOLDER (I) I-2) due to the severe financial losses that I sustained due to this behavior. I ask the court for compensation for this also as this would otherwise not have been necessary.
 
I affirm I have been emotionally damaged and traumatized from losing most of my monies due to the lessors’ actions and inaction. I strove for 13 years to build my business to watch it all wash away due to the actions of the defendants. EXHIBIT: FOLDER (H) - H-3

Marqui Longwood LLC committed Perjury with the court regarding case 2023CC005453Marqui Longwood LLC misrepresent plaintiff’s compliance with paid up rent, voluntary quitting efforts starting early February 2024 and fully vacated and quit on March 26th 2024.

PLAINTIFF VOLUNTARY SURRENDER OF PREMISES & FUNDS PAID
$30,000 in Rent was paid through February 2024 by a private investor, Aaron Blake, and Defendants still has a $20,000 deposit paid by plaintiff at the commencement of the lease December 6th 2021With bankruptcy counsel, Plaintiff voluntarily made arrangements to vacate the premises, including communications with attorney Daniel A. Velasquez, Esq.
On March 26, 2024, Plaintiff and his team vacated the building. This was:
o   Done voluntarily
o   In good faith
o   Documented via photos and video (to be mailed to the Court on USB)
III. OBJECTION TO EVICTION & DEFAMATION
Despite all of the above, Defendants pursued and obtained an eviction under case number 2023CC005453, an action Plaintiff strongly contests as:
o   Unnecessary, since the property was voluntarily vacated without protest.
o   Defamatory, harming Plaintiff’s personal and business reputation.
o   A misuse of judicial process in retaliation and to discredit the Plaintiff.
o   $30,000 Rent paid by Investor Aaron Blake with $20,000 in deposit withheld from Plaintiff.
o   The eviction on record for OptiView 360 Tours, LLC is a miscarriage of justice, and I now seek to:
o   Investigate and challenge the eviction case (2023CC005453) for factual inaccuracies and procedural abuse by defendants.
o   The property was vacated voluntarily and without resistance; therefore, an eviction action was unnecessary and unjust, especially while all financial obligations had been fulfilled.
o   The Defendants continued harassment efforts even while packing up, in the process of quitting, included: unannounced, unplanned visits by Mitch Marqui captured on video at leased property, causing distress to staff and operations to quit in timely fashion.

Plaintiff’s Constitutional rights violated in commercial lease with Marqui Longwood LLCDue to the actions of the defendant’s illegal activity and malicious / malice intent, I had to close all of my entities I worked to grow for the last 13 years, but I’m still left with all of the bills.