HomeMy WebLinkAbout25586AGREEMENT INFORMATION
AGREEMENT NUMBER
25586
NAME/TYPE OF AGREEMENT
5215 FLAGLER STREET, LLC
DESCRIPTION
MEMORANDUM OF GROUND LEASE/FLAGLER VILLAS/FILE
ID: 16635/R-24-0373/MATTER ID: 24-2617/#10
EFFECTIVE DATE
ATTESTED BY
ATTESTED DATE
DATE RECEIVED FROM ISSUING
DEPT.
5/15/2025
NOTE
This Instrument Was Prepared By, Record and Return to:
Brian J. McDonough, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler St., Suite 2200
Miami, Florida 33130
MEMORANDUM OF GROUND LEASE
(RESERVED)
KNOW ALL MEN BY THESE PRESENTS of this Memorandum of Ground Lease made
as April _, 2025, by and between CITY OF MIAMI, a Florida municipal corporation, having an
address at c/o Department of Housing and Community Development, 444 S.W. 2nd Avenue, 9th
Floor, Miami, FL 33130 (herein referred to as "Lessor") and 5215 FLAGLER STREET, LLC, a
Florida limited liability company, having an address at 2850 Tigertail Avenue, Suite 800, Miami,
FL 33133 (herein referred to as "Lessee").
WITNES SETH:
For good and valuable consideration and in further, consideration of the rents reserved
and covenants and conditions more particularly set forth in that certain Ground Lease dated as of
December 10, 2024, by and between Lessor and Lessee (as amended, the "Lease"), Lessor and
Lessee hereby covenant and agree as follows:
1. Lessor does hereby demise unto Lessee and Lessee does hereby take from
Lessor for the term hereinafter provided, and any extension thereof, the property described on
Exhibit "A" attached hereto, located in Miami -Dade County, Florida, and hereafter referred to as
the "Premises".
2. The Lease shall terminate ninety-nine (99) years and one (1) day after the
"Effective Date" which is defined in the Lease as December 10, 2024, unless sooner terminated
or extended as provided in the Lease.
3. Lessor's interest shall not be subject to any mechanics' or materialmen's
liens or liens of any kind for improvements made by the Lessee upon the Premises. All persons
-1-
dealing with Lessee must look solely to the credit of Lessee, and not to Lessor's interest or
assets.
4. The sole purpose of this instrument is to give notice of said Lease and all
its terms, covenants, agreements and conditions to the same extent as if said Lease were fully set
forth herein. The terms, covenants, agreements and conditions contained in this instrument shall
be binding upon and shall inure to the benefit of the parties hereto and their successors and
assigns.
5. IN THE EVENT THAT ANY MECHANIC'S LIEN SHALL BE FILED,
TENANT SHALL PROCURE THE RELEASE OR DISCHARGE THEREOF WITHIN
NINETY (90) DAYS EITHER BY PAYMENT OR IN SUCH OTHER MANNER AS MAY BE
PRESCRIBED BY LAW. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT
BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE
FURNISHED TO THE TENANT OR TO ANYONE HOLDING ANY OF THE PREMISES
THROUGH OR UNDER THE TENANT, AND THAT NO MECHANICS' OR OTHER LIENS
FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT
THE INTEREST OF THE LANDLORD IN AND TO ANY OF THE PREMISES. THE
LANDLORD SHALL BE PERMITTED TO POST ANY' NOTICES ON THE PREMISES
REGARDING SUCH NON -LIABILITY OF THE LANDLORD.
6. This Memorandum of Ground Lease (a) shall be governed by and
construed in accordance with the laws of the State of Florida; (b) may be executed in multiple
counterparts, each of which shall constitute an original; (c) shall be binding upon and inure to the
benefit of the parties hereto, their respective heirs, successors and assigns; and (d) may not be
modified, amended or altered except in writing and signed by the parties hereto. This
Memorandum of Ground Lease is solely for notice and recording purposes and shall not be
construed to alter, modify, expand, diminish or supplement any provisions of the Lease. In the
event of any inconsistency between the terms of the Lease and this instrument, the terms of the
Lease shall prevail.
7. The rights and obligations set forth herein shall be binding upon and shall
inure to the benefit of the parties hereto in their respective successors and assigns.
[Signatures on Following Pages]
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IN WITNESS WHEREOF, the parties have executed this Memorandum of Ground Lease the day
and year first above written.
Address: DD to (
Mi
t Name:
Address:
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p
LieZ
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APPROVED AS'TO 1 + CE
Ann -Marie .. r.e
Director o ' ' ., Management
APPROVED AS TO
DEPARTMENTAL REQUIREMENTS:
By:
Victor T. Turner
Director of the Department of Housing and
Community Development
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
LESSOR:
CITY OF MIAMI, a Florida municipal
corporation
By:
Arthur Noriega V, City Manager
APPROVED AS TO FORM AND REQUIREMENTS
CORRECTNESS:
GeorgetK. Wyso
City Attorney RP ZN - Z b I
The foregoing i strument was acknowlesged befgqre me by mRns of physic presence or ❑ online
notarization this vl day of kG1 , 2025, by h MCI (4 as,Fy�01 of CITY OF
MIAMI, a , Florida municipal corporation, who ❑• is person. ly known to me has produced
as identification.
[NOTARY SEAL]
SANDRA GILBERT
MY COMMISSION # HH 623478
EXPIRES: April 20, 2029
at. Public, State o
Commission No.:
My Commission Expires
Witnesses: LESSEE:
Print Name: ZI e— f relars zi dG Cc Tfro
Address: 2850 Tigertail Avenue, Suite 800
Miami, Florida 33133
Print Name:
L✓It„_"Tri Val AO —
Address: 2850 Tigertail Avenue, Suite 800,
Miami, Florida 33133
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing ins
online notarization this 1e day of MA.I , 2025, by Tony Del Pozzo,
5215 Flagler Street Manager, LLC, a Florida limited liability company, the Mana
Street, LLC, a Florida limited liability company, on behalf of the companies. He
to me or ❑ has produced , as identification.
[NOTARY SEAL]
Notary Public, State of Florida
Commission No.: 1-1-
My Commtssioin Expire
t1 Sipco
5215 FLAGLER STREET, LLC, a Florida
limited liability company
By:
5215 Flagler Street Manager, LLC, a
Florida limited liability company, its
manager
Tony Del Pozzo, Vice President
ument was acknowledged before me by means of. physical presence or ❑
e President of
r of 5215 Flagler
is personally known
VANESSA PILOTO
MY COMMISSION # HH 213353
EXPIRES: February 18, 2026
EXHIBIT "A"
Lots 15, 16, 17, 18, 19, 20, 21, and 22 of COLSKY'S RE -SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 13, at Page 16, of the Public Records of Miami -Dade County,
Florida.
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