HomeMy WebLinkAboutItem #14 - Discussion ItemJ1:L-I1'00(TLE) 13:4l ADULT SER1110F 305 66320f ° "^'
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COMMI55IONEPS OF CITY OF MIAMI
Commissioner's CHAMBERS
3500 PAN AMERICAN DRIVE
MIAMI, Florida 33133
DEAR Commissioners:
Re: Shaun&s HWr A Mail Studio, Inc.
Payment pian for past due revocable license fees.
C.• 53
Li
E ti S
This letter is a request for a hearing with the commission to ask for a
moratorium of six months. I am scheduled for a long overdue much needed
surgery on my ankle. My revocable license became late due to this injury. I
have been trying to get the rent paid up-to-date. So far, I have paid
$1500.00 on the balance owed.
Therefore, I need time to recover from the surgery and pay the past due
fees. Due to this situation, I had no choice but to cancelled two prior
schedule surgeries. I cannot stop working to have this needed surgery, until
this matter is resolved.
I am a hairstylist who has been unable to work as diligently as I did before
the accident. However, I am cooperating with the City of Miami.
Please inform me when I am on your agenda. Thanking you in advance. If you
have any questions, you may call me at 305-438-0902,
Sincerely,
Shaunda Hayes
1490 NW 3' Ave
Suite 111
Miami, Fl 33136
Cc: Lora Billberry
Asset Management Director
10 :01 WV z I I0r 00
. _..�''. !;jun}_};•+t,r f„
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and
TO: Members of the City Commission
4ar s VA.im
City Manager
RECOMMENDATION:
DATE: JUL 19 2000
SUBJECT:
REFERENCES:
ENCLOSURES:
FILE:
Shaunda Hair & Nail Studio, Inc.
Revocable License Agreement
It is respectfully recommended that the City Commission deny the request of Ms.
Shaunda Hayes for a six month moratorium on monthly fees. It is requested that the City
Manager be authorized to take all actions necessary to terminate the attached Revocable
License Agreement between Shaunda's Hair & Nail Studio, Inc. ("Licensee") and the
City of Miami (the "City"), from the property located at 1490 NW 3`a Avenue, space
no. l l l a/k/a Overtown Shopping Center if Licensee fails to pay past due monthly fees in
full by August 7, 2000 and remain current throughout the term of the Agreement.
BACKGROUND:
On September 23, 1997, pursuant to Resolution No. 97-638, the City Commission
authorized the City Manager to execute a Revocable License Agreement with Shaunda's
Hair & Nail Studio, Inc. for the use of approximately 1167 square feet of space in the
Overtown Shopping Center for a fee of $6.00 per square foot.
On October 27, 1997, pursuant to Resolution 97-775, the City Commission amended
Resolution No. 97-638 and authorized the City Manager to allow Licensee six months fee
abatement commencing with the Effective Date of the Agreement.
On February 28, 1998, the City Manager executed a Revocable License Agreement with
Shaunda's Hair & Nail Studio, Inc. for the use of approximately 1167 square feet of
space in the Overtown Shopping Center for a fee of $6.00 per square foot.
On January 19, 2000, pursuant to Section 4. 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 $1,848.77, then the City would exercise its rights under Section 17 of the
Agreement, including termination of the Agreement.
Shaunda Hair & Nail Studio, Inc
Page Two..:
On February 29, 2000, the Office of Asset Management met with Licensee ;to attempt to
work out terms for a payment plan on the past due fees. This meeting had been
previously scheduled for February 14, 2000, but was cancelled by Licensee. At that time,
Licensee owed the City $1,970.21 in past due monthly fees. Licensee did not agree to the
payment plan.
On June 29, 2000, the Office of Asset Management met with Licensee to attempt to work
out terms for a payment plan on the past due fees.. Licensee did not agree to the payment
plan. Licensee requested a six-month moratorium of monthly fees to allow full recovery
from surgery. This meeting had been previously scheduled but was cancelled at least two
times in May so that Licensee could have surgery. During those cancelled meetings,
Licensee requested and was granted a stay of further action subject to paying at least one
month's rent. Presently, Licensee owes the . City $2,312.68 in past due monthly fees,
excluding late fees:
The administration believes that'given the late payment history of this Licensee and the
outstanding balance, it is in the best interest of both parties to terminate this agreement.
CAG/Gn4k/ Shaunda Hair & Nail Studio-Recommendation .doc
s
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i
CARLOS A. OIMENEZ
CITY MANAGER
JUN 2 9 2000
Shaunda's Hair & Nail Studio, Inc.
Attention: Mrs. Shaunda Hayes
6720 S.W. 12 Street
Pembroke Pines, FL 33023
�'t r•y
P.O. BOX 330708
° l„„ 1e111 a MIAMI. FLORIDA 33233-0708
(305) 418-1025
C0-�O FAX (305) 400-5043
HAND DELIVERED AND.
CERTIFIED - RETURN RECEIPT
REQUESTED — Z 330160 341
RE: Revocable License Agreement dated February 25, 1998, between the City of Miami and Shaunda's
Hair & Nail Studio, Inc.
Dear Ms. Hayes:
Be advised that Shaunda's Hair & Nail Studio, Inc ("Licensee"), is in default of the aforementioned
Revocable License Agreement ("Agreement") for failure to comply with the following terms and
conditions:
0 Section 4. FEE, states that in consideration for this Agreement, the Licensee will pay to the City a
Monthly Fee, as amended, of $613.05 plus State use tax. Presently, payment for the stated Fee is
outstanding and past due as follows:
Due Date
Monthly Fee
Taxes
Amt. Due
April - December 1999
$ 30.14
$ 5.86
$ 36.00
January 1, 2000
$ 298.09
$ 38.88
$ 336.97
February 1, 2000
$ 598.09
$ 38.88
$ 636.97
March 1, 2000
$ 613.05
$ 39.85
$ 652.90
April 1, 2000
$ 613.05
$ 39.85
$ 652.90
June 1, 2000
$265.95
$39.85
305.80
TOTAL
$2,418.37
$203.17
$2,621.54
In addition to the above, late fees will be charged and accrued in accordance with Section 6 of the
agreement until all fees are paid. As of this date, you have failed to correct the aforementioned
deficiency and thereby committed events of default pursuant to Section 4 of the Agreement, entitling the
City to the remedies under Section 17 of the Agreement including the right to terminate the Agreement.
You are hereby given notice pursuant to Section 17, that if your breach of the Agreement is not
cured within ten (10) days of receipt of this Notice of Default, that the City will exercise our rights
at law or in equity under the Agreement and pursue all remedies, including termination of the
Agreement.
Sincerei
os A. imene
City Manager
CAG/LB/AF/pk/ Shaunda's Default letter Jun 2000. doc
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DONALD H. WARSHAW * "Colt stili °
CITY MANAGER
JAN 19 2000
Shaunda's Hair & Nail Studio, Inc.
Attention: Mrs. Shaunda Hayes
1490 N.W. 3`d Avenue, Suite 111
Miami, Florida 33136
P.O. BOX 330708
MIAMI. FLORIDA 33233-0708
(305)416-1025
FAX (305)400-5043
HAND DELIVERED
CERTIFIED - RETURN RECEIPT
REQUESTED — Z 230 494.55$
RE: Revocable License Agreement dated February 25, 1998, between the City of Miami and
Shaunda's Hair & Nail Studio, Inc.
Dear Ms. Hayes:
Be advised that Shaunda's Hair & .Nail Studio, Inc ("Licensee"), is in default of the afore-
mentioned Revocable License Agreement ("Agreement") for failure to comply with the
following terms and conditions: .
• Section 4. FEE, states that in consideration for this Agreement, the Licensee will pay to the
City a Monthly Fee of $583.50 plus State use tax.
Presently, payment for the above stated Fee is outstanding for the months of November 1999,
December 1999, and January 2000, in the amount of one thousand seven hundred fifty dollars
and 50/100 ($1,750.50) plus its tax of ninety eight dollars and 27/100 ($98.27), for a total past
due amount of one thousand eight hundred forty eight dollars and 77/100 ($1,848.77).
As of this date, you have failed to correct the aforementioned deficiency and thereby committed
events of default pursuant to Section 4 of the Agreement, entitling the City to the remedies under
Section 17 of the Agreement including the right to terminate the Agreement.
You are hereby given notice pursuant to Section 17, that if your breach of the Agreement is
not cured within ten (10) days of receipt of this Notice of Default, that the City will exercise
our rights under the Agreement and pursue all remedies, including termination of the
Agreement.
Sincerel
nald H. Warshaw
City Manager
DHW/1FULB/AF/pk/ Shaunda's Default Nov99-Jan 2000. doc
I
'4:47 -SU
9/13/97 .
•
EXHIBIT "B"
•
RESOLUTZoti No. •• '
A RESOLUTION AU"ORI ZING THECfTY .1KANAGSR 'TO
W(RCUT$ . A. EVOCABLE LICENSE (%IC8NSB"') ; 114'A
FOAM ,A,MEPWABLB TO THE CITY ATTORNEY, WITH
SHAVNDA `4 ' iWR , AND NAIL STUDIO, INC: FOR THIS
USB OF 0PWXIMATBLY 1,167 . SQUADS. OR OF
SPACB IN 1'KS OVSRTOWN SHOPPIN CENTER,
LOCATED AT 1490 NORTHWEST VF AVENUR,
SPACB 111;'' MIAMI,' FLORIDA, TO AI;LOW LICBNSBB
TO PROVIDE •HAIR AND NAIL CARR SERVI*C$3 TO" TRR
OVER TOWN •C044MITY ON A MONTH-10MOTH 'FlA.SIS,
WITH LIC8N38$ 'PAYING A PAR TO "A' pITSC IN TFiS
AMOUNT OF $6.06 pSR SQUARE FOOT FOR AN ANN[TAI;
PER OP $ 7, 000.00, WITH TERMS AND CoitotI ibus
MORE PARTICULARLY SRT FORTH IN SAID'VICBNSE.
WHERRAS, the City Commission is. committed to economic
'development within the target areas of the City of Miami, and
lspecitically the continued development of the City -owned Overtown
$hdpjling Centers and
WHBRBAS, space is available at the Overtown Shopping Center
And the Overtown Neighborhood Enhancement Team has identified and
recommended that the City enter into an agreement with Shaundals
Hair and Nail Studio, Inc., to be located at the Overtown
4holapiug Center for the purpose of providing hair and nail care
servicea to the Overtown conanunity;
NOW, THEREFORE, BE IT RBSOLVBD BY THE COMMISSION OF THS CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
C3W C4itW8SIoy
SWTING OF
SEP 2 3 1997
execute a Revocable.Ioicense, in a form acceptaoiel to the City
�.ttoxnex, with Shaunda';s Sair Nail Studi' ` .fns. {"Licensee'"), .
for tree, use of appro�timately 1,167• square feet of .;vacant ep�ce:�in
:. .rte Ov�rtown Shopping .Center, located at 149th •Northwqist 3ra '
Avgnue," Space 113, Miami,' Florida, to allow Licensee to provide:
fi�aair . and nail care services to the • Overtown coMunity oil A 064th-
to-month•basis; with Licensee paying a fee to the Catty in, the
tlipunt of: $6.00 per square ' foot for - an annual fee of $ 7, 00.0.00,. ,.
with' tet" and conditions viore particularly set' forth in ' said .
RevocabXe'License.
Section 34, This Resolutiori shall become effective.
immediately upon, its* adoption.
PASSED AND ADOPTED this 23rd day of Se tember. ,2697,
Arg JOS OLLO MAYOR
- J .. , CITY CLERIC
)�PPROvBD AS TO FORD[ AND CORRECTNESS
W1907: bus'
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney. including but not limited to those prescribed by
..applicable City Charter and Code.provisions.
_2,..
J-97-795
10/28/97
TEL'• Jul 19 11:33 No.002 P.02
RssOLvrloN No. 9 7` 7 7 5
A R$SOLUTION mmm iNG REsoLUTION NO. 97-638,
ADOPTED SEPTEMBER 23, 1997, WHICH AUTHORIZED
THE CITY MAIAGSR TO EXECUTE A REVOCABLE
LICENSE WITH SHAUMA'S HAIR AND NAIL STUDIO,
INC. ("LICENSEE"), FOR THE USE OF SPACE
NO. III IN THE OVERTOWN MOPPING CMMR,
LOCATED AT 1490 NORTHWEST 3 AVENUE, MIAMI,
FLORIDA, BY INCLUDING THE PROVISION OF A SIX
MON'M RENT AHA7ZMBNT FOR SAID LICENSEE;
FDRTHSR ADTHORIZING THT CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLMENT
SAID APIENDMXRr.
WHEREAS, on September 23, 1997, the City Commission adopted
Resolution No. 97-638, which authorized the City Manager to
execute a. Revocable License with Shaunda's Hair & Nail Studio,
Inc. ("Licensee*), a Florida -for-profit corporation,' for use of
Space ill at the Overtown Shopping Center, located at 1494
Northwest 3� Avenue, Miami, Florida, at an annual fee of $7,000;
and
wBwu=, the City Commission is committed to economic
developmat within the City's target areas, and specifically, the
continued development of the City -owned Overtown Shopping Center;
and
WHEREAS, to assist Shaunda's Hair & Nail Studio, Inc. in the
start-up of this business, the City will provide Licensee with a
six (6) month rent abatement;
TEL
Jul 10"'10 11:33 N0.002 P.03
NOW, `HEREFORB, BB IT RRSOLVBD BY 7WE COMMISSION OF THE CITY
OF MIAMI, FLORIDA.-
Section
LORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as it fully set forth in this
Section.
Section 2. Resolution No. 97-6381 adopted September 23,
1997, is hereby amended in the following particulars:/
Section 2. The . City Manager is hereby
authorized)/ to execute a Revocable License, in a form
acceptable to the City Attorney, with. Shaunda Is Hair &
Nail Studio, Inc. ("Licensee") , 'for the use of
approximately 1,167 square feet of vacant space in thl
Overtown Shopping Center, located at 1490 Northwest 3=
Avenue, Space 111, Miami, Florida, to allow Licensee to
provide hair and. nail care services to the Overtown
Community on a month-to-month basis, with bhp City
prm idi ng Tdcansea a six (9) mth rant abatement, ,. nd .
Licensee paying a fee to the City in the amount of
$6.00 per square foot for an annual fee of $7,000-00,
with terms and conditions more particularly set forth
in said Revocable License.
1/ 'Footnote omitted
Words' and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The.
remaining provisions are noir in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
.. y
TEL:® Jul 19 11:34 No.002 P.04
Section 3. The City Manager in hereby authorizeda/ to
execute the necessary documents, in a form acceptable to the City
Attorney, to implement said amendment.
Section 4. This Resolution shall become effective
inmtediately upon.- its adoption.
yASSSD AND ADOPTED thin .28th dray of October 1997.
APPROVED AS TO FORM AND COR.RBCTNBSS :
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
a 3
REVOCABLE LICENSE AGREEMENT
ISSUED BY THE
CITY OF MIAMI
WR
SHAUNDXS HAIR & NAIL STUDIO, INC.
FOR THE USE OF
1,167 SQUARE: FEET OF SPACE AT
OVERTOWN SHOPPING CENTER
SPACE 111
1490 NORTHWEST 3RD AVENUE
MIAMI, FLORIDA
A
INDEX
Page
1.
PURPOSE
4
2.
OCCUPANCY AND USE PERIOD
4
3.
INTEREST CONFERRED BY THIS AGREEMENT .
4
4..
FEE
5
5:
ADJUSTMENT TO MONTHLY FEE
5
6.
LATE FEE .
...6
7,
SECURITY DEPOSIT
6
8.
UTILITIES
7,
9.
CONDITION OF THE PROPERTY AND MAINTENANCE
7 .
10.
CITY'S RIGHT OF ENTRY
7
11.
NO ASSIGNMENT OR TRANSFER
8' .
.12.
ALTERATIONS, ADDITIONS OR REPLACEMENTS
8 .. -
13.
NO LIABILITY
8
14.
INDEMNIFICATION AND HOLD HARMLESS,
.8
15.
INSURANCE
9
16.
CANCELLATION BY REQUEST. OF � Ermm OF THE PARTIES
WITHOUT CAUSE
Y 1
17.
TERMINATION BY CITY MANAGER FOR CAUSE
11
18.
REMOVAL OF PROPERTY
11
19.
TAXES
12
20.
NOTICES
13-
21.
ADVERTISING
14-
4-22.
22.
SEVERABILITY
14
23.
NONDISCRIMINATION
.14
24:
AFFIRMATIVE ACTION
15
25.
NIlNORITY/WOMEN BUSINESS UTILIZATION
'15
26.
WAIVER OF JURY TRIAL
" 15
27.
WAIVER
16
28. AMENDMENTS AND MODIFICATIONS
29. COURT COSTS AND ATTORNEY(S)' FEES
30. COMPLIANCE WITH ALL LAWS APPLICABLE
31. ENTIRE AGREEMENT
CORPORATE RESOLUTION
3
�-j
16
16
16
16
18
THIS REVOCABLE LICENSE AGREEMENT ("Agreement") is made
this 2SAay of .199$'between the City of Miami (the ."CITY") a .
municipal corporation of t e State of. Florida and Shaunda's Hair & Nail Studio,
Inc. a Florida corporation (the "LICENSEE").
WHEREAS, In order to -carry out the intent as expressed herein and in
consideration of the mutual agreements subsequently contained, CITY. and
LICENSEE agree as follows:
1. PURPOSE.
The CITY is the owner of real property located at the Overtown Shopping
Center, 1490 NW 3rd Avenue, Space 111 consisting of 1,167 square feet (the.
Property), which is depicted in Exhibit A attached hereto and made a part of this
Agreement. On September 23, 1997 the City Commission ' passed and adopted
Resolution'No. 97-638, authorizing the LICENSEE to occupy and use the Property
for the operation of a hair and nail studio, under the condition(s) hereinafter set
forth. A copy of Resolution No. 97-638, is attached as Exhibit B and is made a,
part of this Agreement.
2.
'OCCUPANCY ANDUSE PERIOD.
This Agreement shall commence as of the date upon which the CITY
executes this Agreement (the "Effective Date"), and shall continue until the first to
occur of the following:
(a) , cancellation or termination by the express written agreement of the
parties hereto; or
(b) cancellation or termination by, request of any of the parties hereto,
subject to the notice provisions of paragraphs 16 and 17 of this Agreement.
3. INTEREST CONFERRED BY THIS AGREEMENT.
LICENSEE agrees that this Agreement has been issued by the CITY to
authorize LICENSEE to occupy the Property. solely for the limited purposes set
;4:
io
forth in Paragraph 1 of this Agreement and no other
•
The parties hereby agree
that the provisions of this Agreement do not constitute a lease and the rights of
LICENSEE hereunder are not those of a tenant but is a mere personal privilege to
do certain acts of a temporary character on the Property and that the CITY retains
dominion, possession and control of the Property. No leasehold interest in the
Property is conferred upon LICENSEE under the provisions hereof and
LICENSEE does not and shall not claim at any time any interest or estate of any
kind or extent whatsoever in the Property by virtue of this Agreement or its use of
the Property hereunder. Additionally, LICENSEE does not and shall not claim at
any time any interest or estate of any kind or extent whatsoever in the Property
by virtue of any expenditure of funds by the LICENSEE for improvements,
construction, repairs, partitions or alterations to the Property which may be
authorized by the CITY. ---
4. FEE.
In consideration for this Agreement, LICENSEE agrees to pay to the CITY
Five Hundred Eighty -Three Dollars and Fifty Cents ($583.50) monthly (the
"Monthly Fee), which shall be paid in advance and in full on the first day of each
month. LICENSEE shall pay to the CITY the first installment of the Monthly Fee
on the first (1st) day of the seventh (7th) month following the Effective Date of this
Agreement and thereafter on the first (let) day of each and every month that
LICENSEE continues to occupy and use the Property. LICENSEE shall pay,
when due, any and all State Use Tax assessed against the Monthly Fee, if
applicable.
5. ADJUSTMENT TO MONTHLY FEE.
LICENSEE agrees that the Monthly Fee shall be increased annually on
each anniversary of the Effective Date (hereinafter the "Anniversary Date"), by
two and one half percent (2.5%) of the previous year's Monthly Fee.
T � �
6. LATE FEE.
In the event that any installment of the Monthly Fee is not received by the
CITY within ten (10) days after it becomes due, such amount shall bear interest at
a rate equal to three (3) percentage points above the then prime rate of interest
per annum as published in the Wall Street Journal; accruing from the date such
installment or payment became due and payable to the date of payment thereof by
LICENSEE. Such interest shall constitute additional fees due and payable to
CITY by LICENSEE upon the date of payment of the delinquent payment
referenced above. The payment of such late charge shall not prevent CITY from
the pursuit of any remedy to which CITY may otherwise be entitled.
7. SECURITY DEPOSIT.
Simultaneously with the execution of this Agreement, the LICENSEE shall
deposit with the CITY the sum of One Thousand Seven Hundred Fifty Dollars and
Fifty Cents ($1,750.50) (the "Security .Deposit"), as guarantee for the full and
faithful performance by LICENSEE of all obligations. of LICENSEE. under this
Agreement or in connection with this Agreement.
If LICENSEE is in violation (as provided in Paragraph 17), the CITY may
use, apply or retain all or any part of .the Security Deposit for the payment of (i) _
any fee or other sum of money which. LICENSEE was obligated to pay but did not
pay, (ii) any sum expended by the CITY on LICENSEE'S behalf in accordance with
the provisions of this Agreement, or (iii) any sum which the CITY may expend. or
be required to expend as a result of LICENSEE'S violation. The use, application,
or retention of the Security Deposit or any portion thereof by the CITY shall not
prevent the CITY from exercising any other right or remedy provided for under
this Agreement or at law and shall not limit any recovery to which the CITY may
be entitled otherwise.
At -the expiration of this Agreement, the' Security Deposit or balance thereof,
as the case may be, shall be returned to LICENSEE.
C/
8. UTILITIES.
LICENSEE shall pay for all utilities, including but not limited to,
electricity, water, stormwater fees, gas, telephone, garbage and sewage disposal
used by LICENSEE during its occupancy of the Property, as well as all costs for
installation of any lines and equipment necessary.
9. CONDITION OF THE PROPERTY AND MAINTENANCE.
LICENSEE accepts occupancy of the Property in "AS IS' condition.
LICENSEE, at its sole cost and expense, shall maintain the Property in good order
and repair at all times, and in an attractive, clean and sanitary condition during
its use and occupancy of the Property. LICENSEE shall be responsible for all
repairs to the Property required or caused by LICENSEE'S use of the Property..
LICENSEE agrees to make all changes necessary to the property at
LICENSEE'S sole cost and expense in order to comply with all City, County and
State building code requirements for occupancy.
10. CITY'S RIGHT OF ENTRY.
, The CITY shall have access to and entry into the Property at any time to (a)
inspect the Property, (b) to perform any obligations of LICENSEE hereunder
which LICENSEE has failed to perform, (c) to assure LICENSEE'S compliance
with the terms and provisions of this Agreement and all applicable laws,
ordinances, rules and regulations and (d) or for other purposes as may be deemed
necessary by the City Manager in the furtherance of the CITY'S corporate purpose;
provided, however, that LICENSEE shall have the right to have one or more of its
representatives or employees present during the time of any such entry. The CITY
shall not be liable for any loss, cost or damage to the LICENSEE by reason of the
exercise by the CITY of the right of entry described herein for the purposes listed
above. The making of periodic inspection or the failure to do so shall not operate
to impose upon CITY any liability of any kind whatsoever nor relieve the .
LICENSEE of any responsibility, obligations or liability assumed under this
Agreement.
11. NO ASSIGNMENT OR TRANSFER.
LICENSEE cannot assign or transfer its , privilege of occupancy and use
granted unto it by this Agreement.
12. ALTERATIONS, ADDITIONS OR REPLACEMENTS.
LICENSEE may improve and. remodel the Property and install fixtures
therein at its own expense, but not until first receiving the City Manager's written
approval of the plans and specifications for such work, which approval may, be
withheld for any or no ' reason whatsoever, or conditioned, in his sole. discretion.
Except as provided herein, all fixtures and equipment.installed by the LICENSEE
which can be removed without injury to the Property shall remain the property of
the LICENSEE.
13. NO LIABILITY.
In no event shall the CITY be liable or responsible for loss or damage to any
property belonging to or rented by LICENSEE its officers, servants, agents, or
employees that may be stolen, destroyed, or in any way damaged and LICENSEE
indemnifies the CITY its officers, agents and employees from and against any and
all such claims EVEN IF THE CLAIMS, COSTS, LIABILITIES, .SUITS,
ACTIONS, DAMAGES OR CAUSES OF ACTION ARISE FROM THE
NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE CITY, INCLUDING ANY
OF ITSIMPLOYEES, AGENTS, OR OFFICIALS.
14. INDEMNIFICATION AND HOLD HARMLESS.
The LICENSEE shall indemnify, hold harmless and defend the CITY from
and against any and all claims, suits, actions,, damages or causes of action .of
whatever nature arising during the period of this Agreement, for any. personal .
injury, loss of life or damage to property sustained in or on the Property, by reason
of or as a result of LICENSEE's use or operations thereon, and from and against
any orders, judgments or decrees which may be entered thereon, and from and
against all costs, attorney's fees, expenses and liabilities incurred in an about the
defense of any such claims and the investigation thereof, EVEN IF THE CLAIMS,
COSTS, LIABILITIES, SUITS, ACTIONS, DAMAGES OR CAUSES OF ACTION
ARISE FROM THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE CITY,
INCLUDING ANY OF ITS EMPLOYEES, AGENTS, OR OFFICIALS.
15. INSURANCE.
LICENSEE, at its sole cost, shall obtain and maintain in full force and
effect at all times throughout the period of this Agreement and through any
periods of extensions or renewals, the following insurance coverage:
A. Commercial General liability insurance on a Comprehensive General
liability coverage form, or its equivalent, including premises, operations and
contractual coverage's against all claims, demands or actions for bodily injury,
personal injury, death or property damage occurring in the Property with such
limits as may be reasonably requested by the CITY from time to time but not less
than $1,000,000 per occurrence combined single limit for bodily injury and
property damage. The CITY shall be named as Additional Insured on the policy or
policies of insurance.
B. Professional liability coverage.
C. Automobile liability insurance covering all owned, non -owned and
hired vehicles used in conjunction with operations covered by this Agreement. The
policy or policies of insurance shall contain a combined single limit of at least
$500,000 for bodily injury and property damage. The requirements of this
provision may be waived upon submission of a written statement that no
automobiles are used to conduct business.
D. "All Risk" property insurance against loss or damage by fire,
windstorm, with such endorsements for extended coverage, vandalism, malicious .
mischief, flood and special coverage, insuring 100% of the. replacement cost of
LICENSEE's improvements, fixtures;, equipment, furniture and all other personal
property in and about the Property.. The CITY shall be named as a Loss Payee.
E. Worker's Compensation 'in the form and amounts required by State
law.
Y The CITY reserves the right to reasonably amend the insurance
requirements by ` the issuance of a notice in' writing to LICENSEE. . The
LICENSEE shall provide any other insurance or security reasonably required by
the CITY.
G. The policy or policies .of insurance required shall be so written, that
the policy or policies may not be canceled or materially changed without thirty (30)
days advance written notice to the CITY. Said notice should be delivered to the
CITY of Miami, Division of Risk Management, 444 SW 2nd Avenue, 96 Floor,
Miami, Florida 33130 with copy to CITY of Miami, Asset Management Division,
444 SW 2nd Avenue, Suite 325; Miami, Florida 33130, or such other address that
may be designed from time to time.
H. A current Certificate and Policy, of Insurance evidencing the aforesaid
required insurance coverage shall be supplied to the Office of Asset Management
of the CITY prior to the Effective Date of this Agreement and a new Certificate
-and Policy shall be supplied at least twenty (20) days prior to the expiration of
each such policy. Insurance policies required above shall be issued by companies
authorized to do business under the laws of the State, with the following
qualifications as to management and financial strength: the company should be
rated "A" as to management; and no less than class "X" as to financial strength; in
accordance with the latest edition of Best's Key Rating Guide, or the company
holds a valid Florida Certificate of Authority issued by the State of Florida,
Department of Insurance, and is a member of the Florida Guarantee Fund.
Receipt of any documentation of insurance by the CITY or by any of its
representatives which indicates less coverage than required does not constitute a
waiver of the LICENSEE's obligation to fulfill the insurance requirements herein.
,J•
E
In the event LICENSEE shall fail to procure and place such insurance, the
CITY may, but shall not be obligated to, procure and place same, in which event
the amount of the premium paid shall be paid by LICENSEE to the CITY as an
additional fee upon demand and shall in each instance be collectible on the first
day of the month or any subsequent month following the date of payment by the
CITY. LICENSEE's failure to procure insurance shall in no way release
LICENSEE from its obligations and responsibilities as provided herein.
16. CANCELLATION BY REQUEST OF EITHER OF THE
PARTIES WITHOUT CAUSE.
Either party may cancel this Agreement at any time with thirty (30) dais
written notice to the non -canceling party. Notice of cancellation may be given
either by personal service, certified mail, or posting at the Property.
17. TERMINATION BY CITY MANAGER FOR CAUSE.
If LICENSEE in any manner violates the restrictions and conditions of this
Agreement, then, and in the event, after ten (10) days written notice given to
LICENSEE by the City Manager within which to cease such violation or to correct
such deficiencies, and upon failure of LICENSEE to do so after, such written
notice, within said ten (10) day period, this Agreement shall be automatically
canceled without the need for further action by the CITY including any further
notice.
18. REMOVAL OF PROPERTY.
In either event of cancellation pursuant to paragraphs 16 and 17, at the
expiration of the time limited by the notice, the LICENSEE shall promptly,
remove all personal property, fixtures and equipment from the Property and shall
promptly repair any damage to the Property caused thereby, clean up any
remaining debris and leave the Property in a safe and sanitary condition.. In the
event LICENSEE fails to remove its personal property, equipment and fixtures'
from the Property within such thirty (30) day period, said. property shall be
deemed abandoned and .thereupon shall become the sole personal property of the
CITY. The. CITY, at its sole discretion and without liability, shall remove the
same and the LICENSEE shall reimburse the ,CITY for all costs- associated with
such removal and disposal.
19. TAXES..
LICENSEE shall pay before any fine, penalty, interest or costs is added for
nonpayment, any and all ad valorem and non ad valorem charges, taxes or.
assessments levied against the Property and improvements, and/or. against any
occupancy interest or pkind, ersonal property of any owned by or placed in, upon or
about the Property by LICENSEE, including, but not limited to, ad valorem taxes
(the "Impositions').
Impositions means all governmental assessments, including assessments
imposed by the City, franchise fees, excises, .license and permit fees, municipal
service fees, fire service fees, . levies, charges and taxes, including ad valorem .real
estate taxes on the Property and/or improvements, general and special ordinary
and extraordinary, 'foreseen or unforeseen, or .of any kind and nature whatsoever,
and which shall or may, during LICENSEE'S occupancy of the Property, be
assessed, levied, charged, confirmed, or imposed upon, or become due and payable
out of; or become alien on the 'Property . and/or improvements thereon, or
appurtenances or facilities used in connection therewith.
Impositions shall include, without limitation, all ad valorem taxes, personal
property -taxes, transit taxes, (unless such tax or charge is payable by LICENSEE
directly), special: or extraordinary assessments, government levies, and. all other
taxes or other similar charges, if any, which are levied, assessed or, imposed upon,
.or become due and payable in connection with the Property, s the improvements.
and/or appurtenances or facilities used in connection therewith.
In the event LICENSEE appeals the validity of or amount of an Imposition,
LICENSEE shall immediately notify. CI'T'Y of its intention to appeal . such
_ r
12
Imposition and shall furnish and keep in effect a surety bond of a responsible and
substantial surety company reasonably acceptable to CITY, or other security
reasonable satisfactory to CITY in an amount sufficient to pay one hundred
percent of the contested Imposition with all interest on it and costs and expenses,
including reasonable attorneys' fees, to be incurred in connection with it. Failure
of LICENSEE to pay such aforesaid shall constitute a violation of this Agreement.
In no event shall= the CITY be responsible for or obligated to challenge or appeal
the validity or amount of any Imposition.
20. NOTICES.
All notices or other communications which may be given pursuant to this
Agreement shall be in writing and shall be deemed properly served if delivered by
personal service or by certified mail addressed to CITY and LICENSEE at the
address indicated herein or as the same may be changed from time to time or if
such notice is posted at the Property. Such notice shall be deemed given on the
day on which personally served, or if by certified mail, on the fifth day after being
posted or the date of actual receipt or if by posting, on the day it is posted at the
Property, whichever is earlier:
CITY OF MIAMI
City of Miami
City Manager
3500 Pan American Drive
Miami, FL 33133
COPY TO
City of Miami
Asset Management Division
444 SW 2nd Avenue
Suite 325
Miami, FL 33.130
LICENSEE
Shaunda's Hair & Nail Studio, Inc.
Ms. Shaunda Hayes
6720 SW 12 Street
Pembroke Pines, FL 33023
13
21. ADVERTISING.
LICENSEE shall not permit any signs or advertising' matter to be placed
either in the interior or upon. the exterior of the Property, grounds'
ithout having
first obtained the approval of the City Manager or his designee, which approval
may be withheld. for any or no reason . whatsoever, 'at his sole discretion.
LICENSEE must further obtain approval from all governmental authorities
having jurisdiction, and must comply with all applicable requirements set forth in
the, City of Miami Code and Zoning Ordinance. ,LICENSEE hereby understands
and agrees that the CITY may, at its sole discretion, erect or place upon the
Property an appropriate sign indicating CITY'S having issued this Agreement.
Upon the expiration' of this Agreement, for any reason, LICENSEE shall, at its
sole cost and expense, remove and dispose of all signs located on the Property:
22. , SEVERABILITY.
Should any provisions, paragraphs, sentences, words or phrases contained
in this Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unlawful under. the laws of the State of Florida or the CITY,.
such provisions, paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform with such laws, and the same
may be deemed severable 'by the CITY, and in such event, the remaining terms
and conditions of this Agreement shall remain unmodified and in full force and
effect.
23. NONDISCRIMINATION.
LICENSEE shall not discriminate. as to race, color, religion, sex, national
origin, age, disability or marital' status in connection with its occupancy and. use of
the Property and improvements thereon.
24. AFFIRMATIVE ACTION.
LICENSEE shallhave in place an Affirmative Action/Equal Employment
Opportunity Policy and shall institute a plan for its achievement which will
require that action be taken to provide equal opportunity in hiring and promoting
for women, minorities, the disabled and veterans. Such plan will include a set of
positive measures which will be taken to insure nondiscrimination in the work
place as it relates to hiring, firing, training and promotion. In lieu of such a
policy/plan, LICENSEE shall submit a Statement of Assurance indicating that
their operation is in compliance with all relevant Civil Rights laws and
regulations.
25. MINORITY/WOMEN BUSINESS UTILIZATION.
LICENSEE shall make every good faith effort to purchase/contract fifty-one
percent (51%) of its annual goods and services requirements from Hispanic, Black
and Women businesses/professionals registered/certified with the CITY Office of
Minority/Women Business Affairs. Such lists will be made available to the
LICENSEE at the time of the issuance of the Agreement by the CITY and updates
will be routinely provided by the CITY's Office of Minority/Women Business
Affairs. .
26. WAIVER OF JURY TRIAL.
LICENSEE waives a trial by jury of any and all issues arising in any action
or proceeding, whether real or asserted, at law or in equity, between the parties
hereto under or connected with this Agreement, or any of its provisions, the
relationship of the parties, the LICENSEE's use or occupancy of the Property,
LICENSEE's rights thereto, and/or any claim of injury or damage and any
emergency statutory or any other statutory remedy, or otherwise.
e
15
27. WAIVER.
No failure on the part of the CITY to enforce or insist upon. performance of
any of the terms of this Agreement, nor any, waiver of any right hereunder by the
CITY, unless in writing, shall be construed as a waiver of any other term or as a
waiver of any future .right to enforce or insist upon the performance of the same
term.
28. AMENDMENTS AND MODIFICATIONS.
No amendments or modifications to this Agreement shall be binding on
either party unless in writing, signed by both parties and approved by the CITY
Manager.
29. COURT COSTS AND ATTORNET(S)' FEES.
In ' the . event that it becomes necessary for CITY to institute .legal
proceedings to enforce the provisions of this, Agreement, LICENSEE shall pay
CITY's court costs and attorney(s)' fees.
30. COMPLIANCE WITH ALL LAWS APPLICABLE.
LICENSEE accepts this Agreement and hereby acknowledges that.
LICENSEE's strict compliance with allapplicable federal, state and local laws,
ordinances and regulations is a condition of this Agreement, and LICENSEE shall
comply therewith as the same presently exist and, as they may be amended
hereafter.
.31. ENTIRE AGREEMENT.
This instrument and its attachments constitute the sole and only agreement
of the parties hereto and correctly sets forth the rights, duties andobligations of
each to the other as of its date. Any prior agreements, promises, negotiations or
representations not expressly set forth in this Agreement are of no force or effect.
0
16
IN WITNESS WHEREOF, .the parties hereto have executed this Agreement
of the day and year first above written.
AT'T'EST:
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FWALW-j. I .
APPROVED AS T• FORM D
CORRECTNESS:
CITYATtORNEY
ATTEST:
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CITY OF MIAMI, a municipal
corkoration of the State of Florida
SE GARCIA-PEDROSA
CITY MANAGER
APPROVED AS TO INSURANCE
REQ ME .
MARIO SOLbEVILLA
RISK MANAGEMENT DIVISION
SHAUNDXS HAIR & NAIL
STUDIO, INC.
PRESIDENT
Print Name
WHEREAS, the CITY, OF MIAMI has agreed to enter into a Revocable
License Agreement with Shaunda's Hair & Nail Studio, Inc. a for profit Florida
located at 1490 NW Std Avenue, Space 111,
corporation, for the use of the property
Miami, Florida, for the operation of a hair and nail studio.
WHEREAS, Shaunda'sHair & Nail Studio, Inc. has agreed to accept this
Revocable License Agreement; and
WHEREAS, the Board of Directors of Shaunda's Hair & Nail Studio, Inc. has
examined the terms, conditions, and obligations of the attached Revocable License
Agreement with the CITY OF NIIANII, for the use of the property located at 1490
NW 3rd Avenue, Space 111, Miam4Florida, and
WHEREAS, the Board of Directors of Shaunda's Hair & Nail Studio, Inc.,. at
a duly held corporate meeting, has considered the matter in accordance with the
bylaws of the organization;,
NOW, THEREFORE BE IT RESOLVED BY THE ,BOARD OF DIRECTORS
OF SHAUNDXS HAIR & NAIL STUDIO, INC., that the President and Secretary
are hereby authorized to enter into a Revocable License Agreement, in the name of,
and on behalf of this organization, with the CITY OF MIAMI for the price and upon
the terms and payments contained in the attached Revocable License Agreement
submitted by the CITY OF MIAMI. .
IN WITNESS WHEREOF, this day of -J' an N-ar
1997.
Shaunda's. Hair & Nail Studio, Inc.
Secretary President
Board of Directors
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SPACE 111, consisting of 1,167 square feet
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MIAMI, FL.
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