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Home My WebLink AboutM-01-0302February 19, 2001 Laura Billberry, Director Asset Management 444 S.W. 2 Avenue, 3`d Floor Miami, Florida 33130 Dear Mrs. Billberry: NAJIY NTerpryzes, Inc. dba Super Suds Laundromat Overtown Shopping Center 1490 N.W. 3 Avenue, Unit #104;. Miami, Florida 33136 305-573-3553 7 HAND DELIVERED I am responding to your letters regarding my delinquent payment of rent for the following months: Month Due Amount Due October, 2000 743.52 November, 2000 743.52 December, 2000 743.52 2000 Total $Z230.56 January, 2001 743.52 February, 2001 ' 743.52 March 2001 743.52 2001 YTD Total 2 230.56 Total Due 1$4,461.12 I am sure that Mr. Peter Kendrick has informed you of my reason for not remaining current with my rent -- the deplorable, slumlord conditions I am being subjected to. On October 16, 2000, I provided Mr. Kendrick with a copy of a non -renewal notice I received from the insurance company. The reason indicated for non -renewal was "the condition of the building". You provided an emergency request for repairs to the City Manager, of which he signed, in hopes that the insurance company would accept this as an indication that the City was working to affect repairs. Needless to say, my insurance agent, Jennifer, informed me that the insurance company was not interested in maintaining the account. Another insurance company was sought. The premiums offered was $4,400-- $1,500 more than what I was previously paying. There was also a stipulation with this coverage that I produce evidence that the roof repairs were complete. Being that the City had not fulfilled its obligation in affecting repairs to the roof, I subsequently lost this policy as well. I received a call from Assistant City Manager Rollarson. He informed me that the City would be accepting bids beginning January 25, 2001, and the closing date would be February 14, 2001, with the package going before the Commission during the month of March. At that time, I informed him of my loss regarding the insurance. He stated that he was not aware and that he 01- 302 Delinquent Rent Payrn ._ _. Page 2 would inform Ms. Biachino, as he -was working with Public Works on this matter and Ms. Biachino is working with Asset Management. Hence, in accordance to the Revocable License Agreement dated June 19, 1998, between the City of Miami and Najiy NTerpryzes, Inc., I am charging that the City of Miami (Asset Management) has been negligent in fulfilling their obligation of affecting repairs at the Overtown Shopping Center, namely the space occupied by Super Suds Laundromat. The direct failure to affect said repairs has resulted in my insurance policy being non -renewed, thereby rendering the business uninsurable (which is also a violation of the Revocable License Agreement). I am making a formal request for an abatement of the six (6) months rent owed and all late fees (including for the month of March) or the period of time it will take the City Commission to review this complaint. Additionally, I am requesting a moratorium on additional rent payments until such time that the City of Miami completes any and all repairs (roof, air conditioning, etc.). Once repairs have been completed, I am asking that my rent payments resume at the current rate of $743.52 (including taxes). It is hoped that this matter can be resolved amicably. If you have any questions, please contact me at 305-579-6573 between the hours of 9:00 am to 5:00 pm. I am not asking for a hand out; I'm asking for a hand up. 4in erely, i Ani M. Najiy, Pr ident Naft NTerpryzes, Inc. Asset Management Refusal letter F02001.doc .L Cif VW VVV VJ. Li I-. JV POtBoxa2004ant�ut 7 Co Keene, New Hampshire 03431 FL [DA NO .;E OF NON -RENEWAL AGENT: 090204 STATE: 09 PLEASE READ CAREFULLY POLICY NUMBER POLICY TYPE CANCELLATION/NON-RENEWAL EFFECTIVE TOTAL D U E BPG26356 BUSN OWNER """YYR 11/18/00 12:01 A.M. 5.00 DATE OF MAILING: 09/26/00 ANY EXCESS PREMIUM IST TENDERED) WILL BE REFUNDED ON DEMAND P 100 303 F/CM /JJ INSURED CACG26356 54 776 2222 AGENT 103 SUPERSUDS LAUNDROMAT BROWN & BROWN, INC. PO BOX 010338 P 0 BOX 5727 MIAMI, FL 33101 FT. LAUDERDALE, FL 33310 4 THIS COMPANY GIVES YOU NOTICE OF CANCELLATION, NON -RENEWAL OR DECLINATION IN ACCORDANCE WITH POLICY CONDITIONS. BY THIS NOTICE THE POLICY WILL BE CANCELLED OR NON -RENEWED AND ALL LIABILITY OF THIS COMPANY WILL CEASE AT AND FROM THE TIME AND DATE STATED ABOVE WITHOUT FURTHER NOTICE. THIS ACTION IS OCCASIONED BY REASON OF: - CONDITION OF PROPERTY. IF THIS NOTICE CANCELS YOUR POLICY MIDTERM, YOU ARE PERMITTED BY LAW TO APPEAL THIS CANCELLATION. AN APPEAL MUST BE FILED NO LATER THAN 20 DAYS BEFORE THE EFFECTIVE DATE OF CANCELLATION AS SET FORTH IN THIS NOTICE. FORMS FOR SUCH APPEALS AND THE REGULATIONS PERTAINING THERETO MAY BE OBTAINED FROM.THE OFFICES OF THE DEPARTMENT OF INSURANCE. THE DEPARTMENT OF INSURANCE DOES NOT HAVE THE AUTHORITY TO EXTEND THE EFFECTIVE DATE OF CANCELLATION; THEREFORE YOU SHOULD OBTAIN REPLACEMENT COVERAGE PRIOR TO THE EFFECTIVE DATE OF CANCELLATION. NOTE: SEPARATE. NOTICE IS BEING SENT TO LIENHOLDER/LESSOR. IMPORTANT: STATE REGULATIONS. IF ANY APPLY, ARE ON REVERSE SIDE 60-7622 (10/92) INSURED COPY Post -da Fax Note 7671 D.te� M I to P e F-m CoJpt. Phone it Phons 0 Fax ti Fax a► CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: _ Honorable Mayor and DATE : MAR 2 1 2,301 FILE Members of the City Commission SUBJECT: NARY N'Terpryzes, Inc. dba Super Suds Laundromat Revocable License Agreement FROM: REFERENCES: A. Ulm City MKanager e ENCLOSURES: BACKGROUND: On June 19, 1998, pursuant to Resolution 98-148, the City Manager executed a Revocable License Agreement with NARY N'Terpryzes, Inc. (the "Licensee") for the use of approximately 1,329 square feet of space in the Overtown Shopping Center for a fee of $6.00 per square foot plus Use tax. The Agreement granted Licensee an abatement of the first six -months of monthly fees commencing July 1, 1998. On January 4, 2001, the Office of Asset Management sent a letter to Licensee advising that Licensee owed the City $2,974.08 in past due monthly fees. On February 7, 2001, pursuant to Section 5. FEE of the Agreement, the City Manager issued a default letter to Licensee advising that if Licensee failed to cure the past due amount of $3,717.60, which included an amount for the month of February 2001, then the City would exercise its rights under Section 19 of the Agreement, including termination of the Agreement. On February 26, 2001, the Office of Asset Management received a letter from Licensee dated February 19, 2001, which explained her reasons for not paying past due monthly fees. In the letter, Licensee explained that her insurance was not renewed due to the condition of the shopping center, and requested an abatement of the six-month past due monthly fees including late charges, and a moratorium of monthly fees until the City completes its repairs to the shopping center. Presently, Licensee owes the City $4,188.84 in past due monthly fees, plus taxes. This amount includes the amount due for March, 2001 but excludes late fees. Licensee has a security deposit with the City in the amount of $1,993.50. On March 5, 2001, the Office of Asset Management conducted a site visit at Super Suds Laundromat to examine damages to the space. Moreover, Licensee was requested to 01- 362 NARY N'Terpryzes, Inc Page Two... furnish the Office of Asset Management with receipts of repairs made by Licensee, and pictures of damages to the space. On March 16, 2001, the Office of Asset Management received and reviewed copies of receipts totaling $11,371.76. These receipts were for initial repairs and improvements to Licensee's space from August 1998 to February 1999. Approximately $8,000.00 of these receipts was for installation of laundromat equipment and remodeling, which remains the personal property of the Licensee. On March 19, 2001, the Office of Asset Management received pictures taken by the Licensee in January 1998, which indicated water damage to the Super Suds Laundromat space prior to issuance of the Revocable License Agreement, and taking possession of the space. RECOMMENDATION: It is respectfully recommended that the City Commission deny the request of Ms. Anita Najiy for an abatement of the six-month past due monthly fees including all late fees, and a moratorium on monthly fees until the City of Miami completes all of its repairs to the shopping center. As an alternative, in consideration for the extended period of time it is taking the City to replace the roof and repair the air conditioning, we recommend granting Ms. Najiy a reduction of fees due in the amount of $1,844.36. This amount represents ten (10%) percent of the aggregate monthly fees for the period of January 1, 1999 through March 1, 2001. The ten percent credit shall be applied against the past due monthly fees leaving a balance due of $2,344.48 ($4,188.84 - $1,844.36), plus Use Tax. At the Licensee's option, this amount may be paid using a six-month payment plan. We would further recommend that Ms. Najiy pay a reduced monthly fee for the period of April 1, 2001 to August 31, 2001 in the amount of $628.33 plus Use Tax which represents a reasonable period of time for the City to complete the roof and a/c replacement. Commencing September 1, 2001, the monthly fee will be $715.59 per month, plus use tax. Otherwise, it is requested that the City Manager be authorized to take all actions necessary to terminate the attached Revocable License Agreement between Najiy N'Terpryzes, Inc., and the City of Miami, from the property located at 1490 NW 3rd Avenue, space no. 104 a/k/a Overtown Shopping Center if Licensee fails to pay past due monthly fees in full by April 1, 2001, and remain current throughout the term of the Agreement. The administration believes that given the commitment of the City to replace the roof, air conditioning, and make other improvements to the Overtown Shopping Center, it is in the best interest of both parties to provide a work out plan for this agreement. CAG/DBpk/ NAJIY N'Interpryzes, Inc. Recommendation .doc Overtown Shopping Center Super Suds Laundromat A record in .'. - 'L f" - itarn IND Waiter �u— C:+ Overtown Shopping Center Super Suds Laundromat