HomeMy WebLinkAboutR-00-0762J-00-888
9/14/00'q 6
RESOLUTION NO. 00 -
A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING SHAUNDA'S HAIR AND NAIL STUDIO, INC.
("LICENSEE") A SIX MONTH MORATORIUM ON
PAYMENT OF MONTHLY FEES, COMMENCING
OCTOBER 1, 2000 AND EXPIRING MARCH 31, 2001,
SUBJECT TO LICENSEE PAYING THE CITY OF MIAMI,
WITHIN A SIX MONTH PERIOD, THE TOTAL
ARREARAGE OF MONTHLY FEES PLUS TAXES, IN THE
AMOUNT OF $4,580.22, DUE FOR USE OF SPACE 111
LOCATED AT THE OVERTOWN SHOPPING CENTER AT
1490 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA,
FOR THE PERIOD OF APRIL, 1999 THROUGH
SEPTEMBER, 2000, SUBJECT TO A TIMED PAYMENT
PLAN APPROVED BY THE CITY MANAGER; FURTHER
DIRECTING THE CITY MANAGER TO AUTOMATICALLY
CANCEL THE REVOCABLE LICENSE AGREEMENT
BETWEEN THE CITY OF MIAMI AND LICENSEE, DATED
FEBRUARY 28, 1998, WITHOUT FURTHER NOTICE TO
THE LICENSEE, IN THE EVENT LICENSEE FAILS TO
PAY THE ARREARAGES BY MARCH 31, 2001.
WHEREAS, pursuant to Resolution No. 97-638, adopted
September 23, 1997, the City Commission authorized the City
Manager to execute a Revocable License Agreement with Shaunda's
Hair & Nail Studio, Inc. (Licensee), a Florida for-profit
corporation, for the use of Space 111 located at the Overtown
Shopping Center, 1490 Northwest 3rd Avenue, Miami, Florida, at an
monthly fee of $583.50; and
WHEREAS, the City Commission is committed to economic
development within the City of Miami's ("City") target areas, and
CITY CO ISSION
MEETING OF,
SEP 1 4 2000
Itesoiution Ido.
0Q- _
specifically, the continued development of the City -owned
Overtown Shopping Center; and
WHEREAS, the City Commission wishes to provide Licensee
economic relief so that it may generate a positive cash flow to
operate its business;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. A six month moratorium on payment of monthly
fees commencing October 1, 2000 and expiring March 31, 2001, is
granted to Shaunda's Nail and Hair Studio, Inc. ("Licensee"),
subject to Licensee paying the City of Miami, within a six month
period, the total arrearage of monthly fees plus taxes, in the
amount of $4,580.22, due for use of Space 111 located at the
Overtown Shopping Center at 1490 Northwest 3rd Avenue, Miami,
Florida, for the period of April, 1999 through September, 2000,
subject to a timed payment plan approved by the City Manager.
Page 2 of 3o � � �
Section 3. The City Manager is directed to automatically
cancel the Revocable License Agreement between the City and
Licensee dated February 28, 1998, without further notice to the
Licensee, in the event Licensee fails to pay the arrearages by
March 31, 2001.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 14th day of September 2000.
JOE CAROLLO, MAYOR
In a=ardance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
tS lbigjulation by signing it in the designated pl, e provided, said legislation r , V1
3 es effective with the elapse atter 0) d&t1fol.
om the '� a of mom. =��° ,, ,,ion
MM.WMg same, without the Mavor W� rcise. a
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
)1A 1 �c a
ALEJANDRO ILARELLO
CITY ATTORNEY
W4755:PK:BSS
1� If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 3 of 3
'JCL -I l' 00 (TLE) 13:41
4ULT SERJ
COMMISSIONERS OF CITY OF MIAMI
Commissioner's CHAMBERS
3500 PAN AMERICAN DRIVE
MIAMI, Florida 33133
DEAR Commissioners:
306 663.21W
Is
Re: Shoundds Hair & Nail Studio, Inc.
Payment plan for past due revocable license fees.
14
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
hove 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, unti I
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 3d Ave
Suite 111
Miami, Fl 33136
Cc-. Lora Billberry
Asset Management Director
I 0 :01 14V Z I -W 00
` 762
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and JULTO: Members of the City Commission DATE : UFILE
0
•
City Manager
RECOMMENDATION:
Shaunda Hair & Nail Studio, Inc.
SUBJECT: Revocable License Agreement
REFERENCES:
ENCLOSURES:
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 3rd Avenue, space
no.I I I 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/Gl pk/ Shaunda Hair & Nail Studio Recommendation .doc
0- 762
CARLOS A. GIMENEZ
CITY MANAGER
J U N 2 9 2000
Shaunda's Hair & Nail Studio, Inc.
Attention: Mrs. Shaunda Hayes
6720 S.W. 12 Street.
Pembroke Pines, FL 33023.
.k -
S ; P.O. BOX 330708
~ e MIAMI, FLORIDA 33233-0708
O (305) 418-1025
FAX (305) 400-5043
HAND DELIVERED AND
CERTIFIED -RETURN RECEIPT S
REQUESTED — Z 330 160 341
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:
• 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
$20621.54
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.
ASincerelene
CAG/LB/AF/pk/ Shaunda's Default letter Jun 2000. doc
60_ 762
DONALD H. WARSHAW
CITY MANAGER
JAN 19 2000
Shaunda's Hair & Nail Studio, Inc.
Attention: Mrs. Shaunda Hayes
1490 N.W. 3rd Avenue, Suite 111
Miami, Florida 33136
D f ffltztt*
P.O. BOX 330708
MIAMI. FLORIDA 33233.0708
(305)416-1025
FAX (305) 400-5043
HAND DELIVERED
CERTIFIED - RETURN RECEIPT
REQUESTED — Z 230 494 558
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/JFL/LB/AF/pk/ Shaunda's Default Nov99-Jan 2000. doc
EXHIBIT "B"
97 - 5.74
/13.%97
RESOLUTION NO. 2 63S
A RESOLU'T I QN AUTHORIZING THE CITY . MANAGER : TO
EXECUT9 .1. 2SVOCABLE LICENSE ("LICENS N) ; IN ' A
FOPM .ACCR.TABLE TO THE CITY ATTORNEY, WITH
SHAUNI14 'O ' HAlk . AND NAIL $TUDI O, INC'. , '..FOR TIM
USS OF APVYtOXD%TBD
LY 1,167 SQUAD. IFERT OF
SPACE IN -..Toz OVERTOWN SHOPPI -CENTER,
LOCATED AT 1490 NORTHWEST 3 .. Ai/PM,,
SPACE 11.i MxAMI," FLORIDA., TO ALLOW �ICBNSHB
TO PROVIDE -NAIR, AND NAIL CARE SERVI'C8S TO THE
OVERTOWN . COMKUNI TY ON A MONTH-I'0-M40TH NAS I S ,
- WITH LICEN999 PAYING A DICE TO 194 CITY IN THE
AMOUNT OP' $6'.00 PER SQUARE FOOT FOR. AN ANNUAL
FEB OR $7,000.00, WITH TERMS AND CONDITIONS
MORE PARTICbJLARLY SST FORTH IN SAID' LICENSE.
WHRRRAS, the City Commission is committed to economic
'development within the target areas of the City of Miami, and
Specifically the continued development of the City -owned Overtown
$hopping Center; and
WHEREAS, space is available at the Overtown Shopping Center
and the Overtown Neighborhood Enhancement Team has identified and
recommended that the City enter into an agreement with Shaunda's
Hair and Nail Studio, Inc., to be located at the Overtown
Shopping Center for the purpose of providing hair and nail care
Services to the Overtown community;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THR CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
Cs7R comQSSION
SLEETING OF
SEP 2 3 1997
ted. X&
6`3�
•
Ll
thereto and incozporated herein as if. fully seta forth in this
Section 2. The City Manager is be*reby :iuthori.zsdl/ to
execute a Revocabls. License, in' a form 'atceptable to the City
�4ttorney, with Shauna"rs Hair & Nail Studiq, fno.
tIor• tree use of a0pr0*1Ma'teJy 1,167. square feet .of ::vacant 'ap$ce: An....:
the Ovvrtown Shopping. Center, located at 1490 Ndithwest 3ra
dkvpnue; • Space 111, Miami, ' Florida, to allow Licensee to provide_
0$r:. and nail care services to the- Overtown commuility oil .a. month-
' tb-month -basis', with Licensee paying a fee to the City in the.
"unr of: $6.00 per square foot for • ani annual fee of $7,9Q0.601
with teima and conditions more p3rticuiarly ret forth in'saaid .
lKevoeabXe' License.
Section 3. This Resolution . shall. become
itmediately upon its*adoption.
PASSED AND ADOPTBD'th1B 23rd day of September.
4ALWBR*M,
. , CITY CLERK
J�PPROVBb AS TO FORD[ AND CORRECTNESS:
1�
jr+i180% : SSs
'Tho herein authorization is further subject to compliince
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribe r
applicable City Charter and Code provisions.
_2_
J-97-795
10/28/97
TEL Jul 19'00 11:33 No.002 P.02
RESOLUTION No. 9 7" 7 7 5
A RESOLUTION AMENDING RESOLUTION NO. 97-638,
ADOPTED SBP7 McBR 23, 1997, WHICS AUTHORIZED
THE CITY MANAGER TO EXECUTE A REVOCABLE
LICENSE WITH MUNDA'S HAIR AND NAIL STUDIO,
INC. ("LICENSEE"), FOR THE USE OF SPACE
NO. 111 IN THE OVERTOWN -MOPPING CENTER,
LOCATED AT 1490 NORTHWEST 3 AVENUE, MIAMI,
FLORIDA, BY INCLUDING THE PROVISION OF A SIX
MONTH RENT ASATEMM FOR SAID LICENSER;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
SAID APUMMMBNT .
WHEREAS, on September 23, 1997, the City Commission adopted
Resolution No. 97-638, which authorized the City Merger to
execute a Revocable License with Shaunda's Mair & Nail Studio,
Inc. ("Licensee,), a Florida -for-profit corporation, for use of
Space 111 at the Overtown Shopping Center, located at 1490
Northwest 3rd Avenue, Miami, Florida, at an annual fee of $7,0001
and
WBMUZAS, the City commission is committed to economic
development within the City's target areas, and specifically, the
continued development of the City -owned Overtown Shopping Center;
and
WHEREAS, to assist Shaunda'a Hair & Nail Studio, Inc. in the
start-up of thin business, the City will provide Licensee with a
six (6) month rent abatement;
0— 762
Oct 2aW
TEL Jul '00
11:33 No.002 P.03
NOw, ' THEREFORS, BE IT RESOLVED BY ,THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. 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 Z. Resolution No. 97-638, adopted -September 23,
1997, is hereby amended in the following particulars:v
Section 2. The City Manager is hereby
authorizedl/ to executee-a Revocable License, in a form
acceptable to the'City Attorney, with Shaunda's Hair &
Nail Studio,- Inca ("Licensee"), for the use of
approximately 1,167 square feet of vacant apace in thq
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 +h -p Cam
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 terns; and conditions more particularly set forth
in said Revocable License.
1/ rootnot• cmitt&d
r
r•
Words and/or figures'', stricken through shall be deleted.
Underscored words and/or figures shall be added_ The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material..
762
• TEL
Jul 19'00 11:34 No..002 P.04
�J
Section 3. The City Manager is hereby authorizeel to
execute the necessary documents, in a form acceptable to the City
Attorney, to implement said amendment. S
Section 4. This R®volution shall become. effective
iu mediately upon its adoption.
PASSED ANE) ADOPTED this 28th day of October , 1997.
APPROVED AS To FORD! AND CORRRC`MSS
2� 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.
3 -
T'he folldwing resolutiop•was introduced by Commissioner Gore, who moved its adoption:
RESOLUTION NO. 97.'"5 f
RESOLUTION AMENDING RESOLON NO. 197-638p ADOP'T'ED SEPTEMBER
P, 1997, WHICH :.AUTHORIZED fiI-TE, CITY.. MANAGER TO ,EXECUTE *A
TtEiIOCABLE. LLCENSE, WITH SHAUN WS' HAIR AND. N.AI4 STUDIO, INC.
(�LICENSEI✓" FOU . THE USE OF ` SPACE NQ 111 � tN ,THE OvERTOWN
'SHOPPING CENTM LOCATED. AT 1490. NORT f1WEST3RD AVENUE, MIAMI
pI:ORiD BY x1►1CLUDINC3 THE PROVISION; dl� A ;. SIX .MONTH iiEN'it
ABATEMENT * FOdt..'. SMD LICENSEE; . "T R AWrHOAIZIIN0 tM CITY
MANAGER=.:TO ExECUTE TIME : 1\tECESSARY EivT'S, IN A FORM
ACCEPTABLE TO TItE CITY ATTORNEi, TO IMPLEIviENTSAID AMENDN(ENT:
(Elere follows body of resolution, omitted here a� on file in the Office of the City
Wk.)
iJon being seconded by Commisslonei Gibson, the Yesotgtion was passed and adopted
by tfie following vola:
AYES: Commissioner Wifre3o.Gort
Commissioner Thelma Y. A. Gibson
Vice iVlayor Totria3: RepItido'
May Joe Caroho
NAYS: None.
ABSENT:. Commissioner Y.L.. Plummer, Jr.
Ms, Al ttry: Mr. Mayur, T would like to just ask whether pne other. thing. That; if 'that.' Same
comggtit r rano will be gives to oil the businesses interested in moving in the Shopp1h& CeMter, in
the Ove�rtown Shopping Cxaur.
Comm`iisioner Gort: Definitely. That Shopping Center has been empty for so many years, it's
onbeli6able. Nile need to create an incentive td tent it.
Cbt�t'mtoNsioner Gibson: Second.
Colrtamissioner Gott: Move it.
'Mayor Re atado OK, there is a motion by Commmissionee Gort, second by Commissioner
Gihsbtt; AN in favor signify by saying "aye"
The" Commissloa (Collect' ly)s Aye.
140 . October 28,1997
QO- 762
REVOCABLE LICENSE AGREEMENT
CITY OF AE AMI
TO
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
00- 762
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 EITHER OF THE PARTIES
WITHOUT CAUSE
11
17.
TERNIINATION BY CITY MANAGER FOR CAUSE
11
18.
REMOVAL OF PROPERTY
11
19.
TAXES
12
20.
NOTICES
13
21.
ADVERTISING
14
22.
SEVERABILITY
14
23.
NONDISCRIMINATION
14
24.
AFFIRMATIVE ACTION
15
25.
MINORITY/WOMEN BUSINESS UTILIZATION
15
.26.
WAIVER OF JURY TRIAL
15
27.
WAIVER
16 ,.
28. AMENDMENTS AND MODIFICATIONS
29. COURT COSTS AND ATTORNEYS)' FEES
30. COMPLIANCE WITH ALL LAWS APPLICABLE
31. ENTIRE AGREEMENT
CORPORATE RESOLUTION
3
16
16
1.6
16
18
- "762
THIS REVOCABLE LICENSE AGREEMENT ("Agreement") is made
this �'�day of 199 tetween 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 AND USE 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 00- 762
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
IL
LICENSEE hereunder are not those of a tenant but is a mere personal privilege to
. s
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.
5
00- '762
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 sun '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.
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
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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,
UITS;ACTIONS, DAMAGES OR CAUSES OF ACTION ARISE FROM THE
NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE CITY, INCLUDING ANY
OF ITS EMPLOYEES, 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 .
8� X62
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 -
9 0'0 — 7
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.
F. 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 tad Avenue, 9th 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.
10 00— 762
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 BEQUEST 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 personal property of any, kind, 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, the improvements
and/or appurtenance's or facilities used in connection therewith.
In the event LICENSEE appeals the validity of or amount of an Imposition,
LICENSEE shall immediately notify CITY of its intention to appeal such
00- 762.
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. NOVICES.
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 33130
LICENSEE
Shaunda's Hair & Nail Studio, Inc.
Ms. Shaunda Hayes
6720 SW 12 Street
Pembroke Pines, FL 33023
13 00- 762
2L 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 without 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 appropriatesign 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 frill 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.
14
24. AFFIRMATIVE ACTION.
LICENSEE shall have 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 JUICY 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.
15 00- 762.
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 ATTORNEY(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 all applicable 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 and obligations 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.
16
''u
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
of the day and year first above written.
ATTEST:
1��'
APPROVEDCI CL
FORM D
CORRECTNESS:
A. •'
kS, III
CITYATTORNEY
ATTEST:
17
k
CITY OF MIAMI, a municipal
co oration the State of Florida
S®_
E GARCIA-PEDROSA
CITY MANAGER
APPROVED AS TO INSURANCE
REQ
74
NT .
MARIO soLbEvILLA
RISK MANAGEMENT DIVISION
SHAUNDA'S HAIR & NAIL
STUDIO, INC.
Print Name
00- 762
• y
CORPORATE RESOLUTION
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
corporation, for,the use of the property located at 1490 NW 3rd Avenue, Space 111,
Miami, Florida, for the operation of a hair and nail studio.
WHEREAS, Shaunda's Hair & 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 MIAMI, for the use of the property located at 1490
NW 3rd Avenue, Space 111, Miami, Florida, 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 SHAUNDA'S 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
1997.
day of Sa.0.4er
Shaunda's Hair & Nail Studio, Inc.
President
Board of Directors
00 76-
OVERTOWN SHOPPING CENTER
EXHIBIT "A"
Revocable License Agreement between the City of Miami
and Shaundals Hair & Nail Strdio, Inc.
SPACE 111, consisting of 1,167 square feet
1490. NW, 3 AVENUE
MIAMI, FL,
J
•