HomeMy WebLinkAboutBack-Up DocumentsLOCATION: 49 NORTHWEST 5 STREET,
MIAMI, FLORIDA
FOLIO #: 01-0106-040-1140
Prepared by and return recorded copy to:
City of Miami Department of Resilience and Public Works
Attention: Public Works Director
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130-1910
ENCROACHMENT AGREEMENT AND
COVENANT RUNNING WITH THE LAND
THIS COVENANT made and entered into this _day of
2024, by and between THE CITADEL ARENA CORPORATION, with a mailing address of
8356 Bird Road, Suite H, Miami Florida 33155 (hereinafter called COVENANTOR) and the
CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida, in the county of
Miami -Dade (hereinafter called "CITY"); and
WHEREAS, COVENANTOR is the fee owner of: Lots 16 through 18, less the South
10 feet thereof, Block 64, of NORTH CITY OF MIAMI, according to the Plat thereof, as
recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida
(hereinafter called "PROPERTY"); and
WHEREAS, in 1930, the COVENANTOR' S predecessor in interest dedicated the South
10 feet of Lots 16 through 18, Block 64, of NORTH CITY OF MIAMI, according to the Plat
thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County,
Florida, to the CITY for sidewalk purposes pursuant to that certain Indenture recorded in Deed
Book 1399, Page 490 of the Public Records of Miami -Dade County, Florida (the "ROW Deed");
WHEREAS, the ROW Deed reserved the right to arcade over the land deeded for
sidewalk purposes in any manner not in conflict with the CITY code;
WHEREAS, on March 17, 1992, the CITY's Historic and Environmental Preservation
Board adopted Resolution HEPB-92-7 allowing for construction of a new building on the
PROPERTY which preserved and incorporated the ENCROACHMENTS;
WHEREAS, the PROPERTY was improved with an arcaded building and overpass
archway (collectively, the "ENCROACHMENTS") which encroaches into the dedicated right-
of-way sidewalk abutting Northwest 5th Street as legally permitted by the ROW Deed; and
WHEREAS, the CITY Code currently permits the ENCROACHMENTS only subject to
COVENANTOR executing and delivering to CITY this instrument, with the payment by
COVENANTOR, of the requisite fees for preparation and recording of this instrument.
NOW, THEREFORE, in consideration of the express grant by the CITY of the right and
easement allowing the ENCROACHMENTS to remain within the dedicated right-of-way
sidewalk abutting Northwest 5th Street, subject to the terms and conditions set forth herein
below, and in further consideration of these premises, COVENANTOR does hereby covenant
and agree with CITY as follows:
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LOCATION: 49 NORTHWEST 5 STREET,
MIAMI, FLORIDA
FOLIO #: 01-0106-040-1140
1. The foregoing recitals are true and correct and are made a part hereof.
2. COVENANTOR shall provide maintenance of the ENCROACHMENTS on the
PROPERTY, in accordance with the CITY' s standards and specifications, as they
may be amended from time to time.
3. In the event that COVENANTOR, its heirs, successors, or assigns fail, as determined
by the Director of the Department of Resilience and Public Works in reasonable
discretion, to properly maintain ENCROACHMENTS, or any part thereof, so that it
becomes a hazard to the health, welfare and safety of the general public, the CITY
Resilience and Public Works Director or designee shall give COVENANTOR written
notice of such failure via certified mail, return receipt requested, with copies to any
mortgage who has given written notice of its lien to the CITY, and COVENANTOR
shall within thirty (30) days from receipt of such notice either (i) restore the
ENCROACHMENTS, or any part thereof, to a safe condition satisfactory to CITY, or
(ii) remove the ENCROACHMENTS, or any part thereof, and to restore the Right -
of -Way to CITY standards at no cost or expense to CITY.
4. In the event that COVENANTOR, its heirs, successors, or assigns fail to either
restore the ENCROACHMENTS or any part thereof, to a safe condition satisfactory
to CITY, or remove the ENCROACHMENTS, or any part thereof, and restore the
right-of-way within the specified time as set forth in paragraph three (3); CITY may
contract for such restoration or removal, and the amount of such restoration or
removal cost shall be declared and established as a lien against the PROPERTY and
enforced as any lien provided for under the Statutes of the State of Florida and the
Code of Ordinances of the CITY. The lien imposed shall be a special assessment lien
and shall have the same priority and supremacy as a special assessment lien existing
under the laws of the State of Florida and CITY. The COVENANTOR shall pay the
CITY's reasonable attorney's fees and cost for restoration or removal of the
ENCROACHMENTS or any part thereof.
5. COVENANTOR further covenants and agrees that all recourse against CITY is
hereby expressly waived as to any damages caused, consequential or otherwise, to
any portion, in whole or in part, to the remainder of COVENANTOR's Property and
improvements, resulting from the removal of the aforesaid ENCROACHMENTS, or
any part thereof from the dedicated public right-of-way pursuant to paragraph four (4)
above.
6. COVENANTOR shall indemnify, defend, and hold harmless CITY, its officials,
employees, agents and agencies from any claims, demands, liabilities, suits, losses,
or causes of action of any nature whatsoever arising out of the use, construction,
maintenance and/or removal of the ENCROACHMENTS, or any part hereof, from
and against any orders, judgments or decrees which may be entered, and from and
against all reasonable costs, attorneys' fees, expenses and liabilities incurred in the
defense of such claim or in the investigation thereof, excepting however, any such
2
LOCATION: 49 NORTHWEST 5 STREET,
MIAMI, FLORIDA
FOLIO #: 01-0106-040-1140
claims as may be the result of the gross negligence or willful misconduct of the CITY
and any related party and its and their respective commissioners, officers, officials,
employees, staff, representatives, agents, advisors, and consultants which shall be the
responsibility of the CITY.
7. COVENANTOR shall indemnify, defend and save CITY, its officials, agents and
agencies harmless from and against any and all claims, liability, losses and causes of
action, of any nature whatsoever that may arise out of the granting of this Covenant or
out of COVENANTOR's activities under this Covenant, including all other acts or
omissions to act on the part of COVENANTOR or any person acting for or on
COVENANTOR' S behalf, and from and against any orders, judgments or decrees
that may be entered, and from and against all reasonable costs, attorneys' fees,
expenses and liabilities incurred in the defense or any such claims or in the
investigation thereof, excepting however, any such claims as may be the result of the
gross negligence or willful misconduct of the CITY and any related party and its and
their respective commissioners, officers, officials, employees, staff, representatives,
agents, advisors, and consultants which shall be the responsibility of the CITY.
8. COVENANTOR shall obtain and throughout the duration of this Agreement maintain
at all times a commercial general liability insurance policy in the amount of $
[TBD], naming the City as an additional insured. This insurance shall be in effect as
long as the ENCROACHMENTS exist over the right-of-way. If the COVENANTOR
fails to continue to provide the insurance coverage, the City shall, upon not less than
thirty (30) days prior written notice, have the right to secure a similar insurance
policy in its name and place a special assessment lien against the COVENANTOR's
abutting private property. The insurance should be primary and non-contributory. In
the event that COVENANTOR fails to provide the required insurance coverage, the
CITY Resilience and Public Works Director or designee shall give COVENANTOR
written notice of such failure via certified mail, return receipt requested, with copies
to any mortgage who has given written notice of its lien to the CITY, and
COVENANTOR shall cure such failure within thirty (30) days from receipt of such
notice. Failure provide the insurance coverage, after the expiration of the cure period
provided herein, may result in the revocation of the CITY' S approval and may
prevent the CITY from processing any future permits regarding the PROPERTY.
9. This Agreement may only be modified, amended or released as to the Property, or
any portion thereof, by a written instrument executed by the, then, owner(s) of the
Property, including joinders by all mortgagees, if any, provided that the same is also
approved in writing by the Public Works Director in a form acceptable to the City
Attorney, or their respective designees or successors, upon the determination by the
Public Works Director that this Agreement is no longer necessary.
10. COVENANTOR shall have the right, title, and authority to enter into this agreement
and to perform its obligations hereunder, and the person signing this COVENANT
has the full and complete authority to do so.
3
LOCATION: 49 NORTHWEST 5 STREET,
MIAMI, FLORIDA
FOLIO #: 01-0106-040-1140
11. It is expressly understood and agreed that this instrument shall be binding upon
COVENANTOR and also upon heirs, successors in interest or assigns of
COVENANTOR, and shall be a condition implied in any conveyance or other
instrument affecting the title to the aforesaid property or any portion thereof.
12. Any notice, request demand, approval or consent given or required to be given under
this Covenant shall be in writing and shall be deemed as having been given when
mailed by the United States registered or certified mail (return receipt requested),
postage prepaid, to the other parties at the address stated below or at the last changed
address given by the party to be notified as hereinafter specified:
COVENANTOR:
CITY:
THE CITADEL ARENA CORPORATION
8356 Bird Road, Suite H
Miami, FL 33155
THE CITY OF MIAMI
Attention: Director, Depailinent of
Resilience and Public Works
444 S.W. 2nd Avenue, 8th Floor
Miami, Florida 33130
13. COVENANTOR herein expressly acknowledges that (a) permission granted by the
CITY to maintain the ENCROACHMENTS on CITY public right of way is solely for
the limited purposes set forth herein and does not constitute a lease and that the rights
of the COVENANTOR hereunder are not those of a tenant but is a mere personal
privilege to do certain acts on CITY public right of way, (b) the CITY retains
dominion, possession and control of the CITY land and can in the event of default by
COVENANTOR unilaterally end the permission herein granted to COVENANTOR
without any fault or breach or cause whatsoever provided, however, that notice is
given to COVENANTOR and COVENANTOR has not cured the event of default
within the period of time specified herein after receipt of notice and (c)
COVENANTOR does not and shall not claim at any time any interest or estate of any
kind or extend whatsoever in the CITY land by virtue of its use hereunder or by virtue
of any expenditures incurred in connection herewith. For the avoidance of doubt,
COVENANTOR shall have the right, in connection with the development of its
Property, to improve the sidewalk that comprise part of the ENCROACHMENTS
within the right of way.
14. This Covenant may be executed in any number of counterparts, each of which shall
be deemed to be an original, and such counterparts shall together constitute but one
and the same Agreement. The Parties shall be entitled to sign and transmit an
electronic signature of this Agreement (Whether by facsimile, PDF, or other
electronic transmission), which signature shall be binding on the party whose name is
contained therein.
4
LOCATION: 49 NORTHWEST 5 STREET,
MIAMI, FLORIDA
FOLIO #: 01-0106-040-1140
IN WITNESS WHEREOF, the COVENANTOR has caused these presents to be executed and
signed this day and year first above set forth.
Signed, Sealed and Delivered
in the presence of:
FIRST WITNESS: COVENANTOR:
THE CITADEL ARENA CORPORATION
Sign:
Print Name:
Address:
SECOND WITNESS:
Sign:
Print Name:
Address:
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
By:
Title:
The foregoing instrument was acknowledged before me this day of
2024, , as authorized officer of THE
CITADEL ARENA CORPORATION, appeared before me, an officer authorized to administer
oaths and take acknowledgements, who is personally known to me or who produced
as identification.
[Notary Seal] Notary Public
Name typed, printed or stamped
My Commission Expires:
5
LOCATION: 49 NORTHWEST 5 STREET,
MIAMI, FLORIDA
FOLIO #: 01-0106-040-1140
CITY OF MIAMI
APPROVED:
By:
Juvenal Santana., P.E. CFM
Director of Public Works
Department of Resilience and Public Works
APPROVED:
By:
Anne -Marie Sharpe
Director of Risk Management
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
By:
Victoria Mendez
City Attorney
This Instrument Prepared Dv:
Dean F. DiBartolomeo, Esq.
8400-Bird .Road
Miami, FL 33155
Return To:
Dean F. DiBartolomeo, Esq.
8400 Bird Road
Miami, FL 33155
Grantee #1 S.S.#
Grantee #2 S.S.#
Parcel I.D. # O1 o!o6a51v1! `/iD
�s 1 -L 1 5 - . •��Si f
REC':
WARRANTY DEED
This Indenture, made this of{4. day of ,, December, 1994, Between
DANIEL ARIAS, a married man,
whose post office address is 2000 S.Bayshore. Villa ¢2. L[tami. yL 33133,
of the County of Dade , State of Florida , grantor, and
THE CITADEL ARENA CORPORATION, a Florida corporation,
whose post office address is 2000 S.Bayshore. Villa 62. Miami. FL 33133,
of the County of Dade , State of Florida , grantee,
94R59$b43 -3994 DEC +`30. 15�
DOCSTPDEE 4,140.00 B11RTX 3r205.00
HARVEY RUVIN. CLERK • DADE COUNTY, FL
Witnesseth, that said grantor, for and in consideration of the sum of
TEN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Dollars,
and other good and valuable considerations to said grantor in hand paid
by said grantee, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said grantee, and grantee's heirs and
assigns forever, the following described land, situate, lying and being
in Dade County, Florida, to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
SUBJECT TO conditions, restrictions, easements and limitations
of record, if any; all applicable zoning ordinances, and taxes
for 1995 and subsequent years
THE PROPERTY BEING CONVEYED HEREIN IS COMMERCIAL PROPERTY AND DOES NOT
NOW NOR HAS IT EVER CONSTITUTED THE HOMESTEAD OF THE GRANTOR, NOR IS IT
CONTIGUOUS TO HIS HOMESTEAD.
and said grantor does hereby fully warrant the title to said land, and
will defend the same against lawful claims of all persons whomsoever.
In Witness Whereof, grantor has hereunto set grantor's hand'and seal the
day and year first above written.
Signed, sealed and delivered
in presence of:
t Wit ess)
ate
Pr;n.• ed •r a e)
(SendA'5.4- �S !LJ
(Printed or typed name)
STATE OF FLORIDA
COUNTY OF DADE
)
DANIEL ARIA, a marries' man
THE FOREGOING INSTRUMENT was acknowledged before me this C1day of
December , 1994, by DANIEL ARIAS, a married man, who is personally known
to me or who has produced valid Florida Driver License as
identification and who did take an oath.
My Commission Expires:
Notary Public, State of Florida
OFFICIAL NOTAtY SEAL
THER65A L GIRTEN
?-JOTARY PUBLIC SPAT$ OF FLORla
COMMISSION NO. c :3E11609
MY COMMISSION ERR 'JUNE 9,199e
EXHIBIT A
Lots 16, 17 and 18, Less the South 10
feet thereof, i'n Block 64, of NORTH,
CITY OF MIAMI, according to the plat
thereof, as recorded in Plat Book 8, at
Page 41, of the Public Records of Dade
County, Florida.
Also Known as
Lots 15, 17 and 18, Less the South 10
feet thereof, in Block 64N, of NORTH
CITY OF MIAMI, according to the plat
thereof, as recorded in Plat Book 3, at
Page 41, of the Public Records of Dade
County, Florida.
AND LESS a portion of Lot 16 deeded to the City of
Miami for public richt-of-way in Warranty Deed
recorded Anril 11, 1988 in Official Records Book
13640 at Page 866 of the Public P.ecords of Dade
County, Florida.
QCORDOI M Orr !aid RECORDi SOON
- d DADE Cowan'. rlOalDA.
PICVED YEW CIO
fiARVEY RUV1N,
Clerk of Circuit & Comp
Courts
RCS0336J
•
arr rn4pr . eeb
.CW' • .
i rr , r .�ldede. thu 2nd ' day of DatCeusbelG' , A. 41 19 83, ..
r
DQN r $OSCO, GROVES
ettiftfki snider dhrjla aer of the *ate °f, - 'Florida ' , ! 't't8 !"* ',f Pl 9�
ay the
r.:.. r �� I 1 , ��de� • w!/ f�Q �,� , Flor�da
I al+a al*04 I ltleraIdal •buuands fit she Ss I Fhwids,.pal of the �pre;t.' a '
a _
5c�..,,- , Baystore
tO
"an" , F/, 3313'3
.of the C.owuy of Dade and State of . Florida
:Elan of the al Dad pat eth:
Thar the said party of the fast par►, for and
y
Dative
as consideration of the surer of Ten and
no/I00
to it in hand paid by the said parry of the second part. the receipt whew/ a hereby ac.n.N rd has 8rar ru', . .
bargained and sold to the said party of the second part, his heirs and assigns Aorta; the /6ribwal `ifalarliled
laud situate, lying and being f� in the County of Dade and Sisk to•we
Lots 16, 17 and 18, less the South 10 feet thereof,
in Block 64 of NORTH, CITY OF MIAMI, according to
the Plat thereof, recorded in Plat Book "B", at
Page 41 of the Public Records of Dade County, Florida
SUBJECT TO:
Purchase money first mortgage of even date herewith given
from grantee herein to grantor herein;
Real Estate Taxes for 1984 and subsequent years;
Conditions, restrictions, limitatio s, easements and all
other matters of public record; butythis provision shall
not operate to re -impose the same;
Zoning and other governmental regulations.
Da.nsvetten SAMOS* 01111111101111
,,. •. car0r
hr , ,,.. P. onrw
Woo, e..nvity
And the said party of the fist part does hereby fully wtarrani the rule to said land. and well defend the
retire-agsgita the lawful clainxs of all penons w/usnrweyei.
con Iihtees ThLtertnf, the mid putty of the first
parr has caused these prrncnts to be signed in its manse by
its proper officers. and its capron s& seal to be affixed, attest- ,
ed by us sacsrtarythe day and yaw abase *winces.
SACIt w, _-,-PORT BOSco r'=$OVEQ Z
etch in prellriitce gulf us:
•
ward, N . k`og
This Inrumant Pripaaed By:
,saEN EBSNEet Attorney
Flnq Jacobson. Block,
'Ma*
rt &, Simon, P:A.
0401 Douglas ROW
• P. 0. Box 34080a
a;lami, et 33141
State of jturiatt, I
azt 11.99 I. fC1,2.I a. Comity ;Of 3�AD ' J•I
4 Xere6il A ertifg //rayon this ' 2nd` day of ' Decethber,;
t
4.D..;1983 , before- me peamirally appeared , Edward N. ,Fogler, President, •
..x xxxx txxx xxx txxxxx.kkxxxxxXxxxxxxxxxxxxxxxgriaidatard dI
DON BOSCO GROVES , INC. , , . , a corpora, lion, under the lam of'
the ..0tite of ' ` Florida, ,. ` '' to trye'k►rown to be the persons'oho signed the, going
' 'tnllrurncrtl as' such offrars and. sclrrally, ackrnowled,4:ed the execution tber of to ,bc their' free act' and deal as su h
officers fqr the u ; arid purports th rein numsotred and that, they affixed tigerrto the offidal seal ()had corpora-,
,lion. arced eliat-lhe-said-irutruureirt'ii the ace- and aced'o/said corporation&
ihte88 my signature and official seal at Miami
in the County of .Dade and State of
rlrc day and jrar last aforesaid
My ifisMoneiksz
at Blonds at
evoke-
Florida
Notary Public,
41,/141N dh!
1w ("WW1 ItWIS i
.L D10, W It. FLORIDA.
urrorn vrllnto
R3GBAM.0 r. BRINrEL
CLERK CIRCUIT COURt
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OFFICE OF THE PROPERTY
APPRAISER
Summary Report
��ii4�1:r11I I I1:1ul!r1UL�
Folio 01-0106-040-1140
Property 49 NW 5 ST
Address MIAMI, FL 33128-1811
Owner THE CITADELARENACORPORATION
Mailing 8356 BIRD ROAD SUITE H
Address MIAMI, FL 33155
Primary Zone 6412 URBAN CORE 60 STORY/ 11 FLR OPEN
Primary Land
Use BUILDING
1813 OFFICE BUILDING - MULTISTORY: OFFICE
Beds / Baths
/Half
0/0/0
Floors
Living Units
Actual Area
Living Area
Adjusted Area
Lot Size
Year Built
3
0
47,634 Sq.Ft
47,634 Sq.Ft
47,339 Sq.Ft
18,357 Sq.Ft
Multiple (See Building Info.)
Year 2023
Land Value $8,260,650
Building Value $100,000
Extra Feature Value
Market Value
Assessed Value
$0
2022
$5,966,025
$100,000
2021
$4,130,325
$100,000
Generated On: 02/12/2024
TAXABLEVALUEINFORMATION
Year
COUNTY
Exemption Value
Taxable Value
SCHOOL BOARD
Exemption Value
$0 $0 Taxable Value
$8,360,650
$3,788,017
$6,066,025 $4,230,325 CITY
$3,443,652 $3,130,593 Exemption Value
Taxable Value
REGONAL
Exemption Value
Taxable Value
1.14i14111+11i1111:1P"NAllim—
Benefit Type
Non -
Homestead
Cap
Assessment
Reduction
2023 2022
2021
$4,572,633 $2,622,373 $1 ,099,732
Note: Not all benefits are applicable to all Taxable Values (i.e.
County, School Board, City, Regional).
MIAMI NORTH
PB B-41
LOTS 16 THRU 18 LESS S10FT & PORT
DESC BEG 151 .63FET & 10FTN OF
SW COR OF BLK 64N FOR POB CONT
2023
2022
2021
$0 $0 $0
$3,788,017 $3,443,652 $3,130,593
$0 $0 $0
$8,360,650 $6,066,025 $4,230,325
$0 $0 $0
$3,788,017 $3,443,652 $3,130,593
$0 $0 $0
$3,788,017 $3,443,652 $3,130,593
SALES INFORM TION
Previous Sale Price
12/01/1994 $690,000
12/01/1983 $775,000
OR Book -
Page
16630-4959
11991-0212
Qualification
Description
Sales which are
qualified
Sales which are
qualified
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