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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: 1 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 oszi ♦"t - Caa qu▪ o cVt cr 1 .ZJ l� 7 A A s 0 0 Le- 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 The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp