HomeMy WebLinkAboutR-98-0149J-98-128
2/10/98
RESOLUTION NO. 9 U ! 149
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE A REVOCABLE
LICENSE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
ANITA M. NAJIY ("MS. NAJIY"), AN INDIVIDUAL,
FOR THE USE OF APPROXIMATELY 1,329 SQUARE
FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER
LOCATED AT 1490 NORTHWEST 3RD AVENUE,
SPACE 104, MIAMI, FLORIDA, AT A MONTHLY FEE
OF $664.50 WITH TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE AGREEMENT;
FURTHER AUTHORIZING A TRANSFER OF THE
AGREEMENT FROM MS. NAJIY TO N &
B N'TERPRIZES, INC., UPON RECEIPT OF
INCORPORATION DOCUMENTATION FOR N &
B N'TERPRIZES, INC.
WHEREAS, 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
Shopping 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 Anita M.
Najiy, an individual, for the operation of a coin laundromat
service to the Overtown community; and
WHEREAS, the City authorizes Ms. Najiy to transfer to a
corporation be named N & B N'Terprizes, Inc. for the operation of
a laundromat at the Overtown Shopping Center; and
ATTACHMENT (S)�
CONTAINED
CITY COMMSSION
MEETING OF
FEB 1 0 IM8
Aesdution No.
149
WHEREAS, Ms. Najiy will be the sole officer and shareholder
of this corporation and the Revocable License Agreement will
automatically terminated if there are any changes in corporate
officers or shareholders; and
WHEREAS, Motion No. 97-776, adopted October 28, 1997,
authorized a six month fee abatement to all businesses occupying
space at the Overtown Shopping Center;
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
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorizedl/ to
execute a Revocable License Agreement, in substantially the
attached form, with Anita M. Najiy, an individual (Licensee), for
the use of approximately 1,329 square feet of vacant space in the
Overtown Shopping Center, located at 1490 Northwest 3rd Avenue,
Space 104, Miami, Florida, to allow Licensee to operate a coin
laundromat service in the Overtown community. Said Agreement
shall be on a month -to -month basis, with Licensee paying a fee to
the City in the amount of $6.00 per square foot for a monthly fee
of $664.50, providing Licensee with a six (6) month fee abatement
1� 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- 98- 149
and with terms and conditions as more particularly set forth in
the Revocable License Agreement.
Section 3. The transfer of the herein agreement from
Anita M. Najiy to N & B N'Terprizes is hereby authorized upon
receipt of incorporation documentation for N & B N'Terprizes.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this loth
ATTEST:
WALTER J. F MAN
CITY CLE
PREPARED AND APPROVED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
W2215/JOB/kd/csk/bss
day of brug—f% 1998.
---� J-�'
/XAVIER L. SUAREZ, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
EDWARD MA:
IM CITY A
-3- 98- 149
REVOCABLE LICENSE AGREEMENT
ISSUED BY THE
CITY OF MIAMI
TO
ANITA M. NAJIY
FOR THE USE OF
1,329 SQUARE FEET OF SPACE AT
OVERTOWN SHOPPING CENTER
SPACE 104
1490 NORTHWEST 3RD AVENUE
MIAMI, FLORIDA
98- 149
INDEX
Page
1.
PURPOSE
4
2.
OCCUPANCY AND USE PERIOD
4
3.
INTEREST CONFERRED BY THIS AGREEMENT
5
4.
CONTINUOUS DUTY TO OPERATE
5
5.
FEE
5
6.
ADJUSTMENT TO MONTHLY FEE
6
7.
LATE FEE
6
8.
SECURITY DEPOSIT
6
9.
UTILITIES
7
10.
CONDITION OF THE PROPERTY AND MAINTENANCE
7
11.
CITY' S RIGHT OF ENTRY
8
12.
TRANSFER
8
13.
ALTERATIONS, ADDITIONS OR REPLACEMENTS
9
14.
VIOLATIONS, LIENS AND SECURITY INTERESTS
9
15.
NO LIABILITY
10
16.
INDEMNIFICATION AND HOLD HARMLESS
10
17.
INSURANCE
11
18.
CANCELLATION BY REQUEST OF EITHER OF THE PARTIES
WITHOUT CAUSE
13
19.
TERMINATION BY CITY MANAGER FOR CAUSE
13
20.
REMOVAL OF PROPERTY
13
21.
IMPOSITIONS
14
22.
NOTICES
15
23.
ADVERTISING
16
24.
SEVERABILITY
16
25.
NONDISCRIMINATION
16
26.
AFFIRMATIVE ACTION
17
27.
MINORITYIWOMEN BUSINESS UTILIZATION
17
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9�- 149
28. WAIVER OF JURY TRIAL 17
29. WAIVER 18
30. AMENDMENTS AND MODIFICATIONS 18
31. COURT COSTS AND ATTORNEY(S)' FEES 18
32. COMPLIANCE WITH ALL LAWS APPLICABLE 18
33. ENTIRE AGREEMENT 18
34. APPROVAL BY THE OVERSIGHT BOARD 19
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98- 149
THIS REVOCABLE LICENSE AGREEMENT ("Agreement") is made
this day of 1998, between the City of Miami (the "CITY") a
municipal corporation of the State of Florida and Anita M. Najiy, an individual (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 104 consisting of 1,329 square feet (the
"Property"), which is depicted in Exhibit A attached hereto and made a part of this
Agreement. On February 10, 1998 the City Commission passed and adopted
Resolution No. 98-_, authorizing the LICENSEE to occupy and use the Property
for the purpose of providing coin laundromat services to the Overtown community,
under the condition(s) hereinafter set forth. A copy of Resolution No. 98-_, 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.
In the event the Effective Date does not fall on the first day of the month,
the Effective Date shall be adjusted to be the first day of the following month.
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980- 149
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
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. CONTINUOUS DUTY TO OPERATE.
Except where the Area is rendered untenantable by reason of fire or other
casualty, Licensee shall at all times during this Agreement (i) occupy the Area upon
the Effective Date; (ii) shall thereafter continuously conduct operations in the Area
in accordance with the terms of this Agreement and shall at all times keep the
Area fully stocked with materials, trade fixtures and furnishings necessary and
proper to operate the Area and (iii) keep the Area open for operation on a continual
basis during the days and hours as are customary for this type of use.
5. FEE.
In consideration for this Agreement, LICENSEE agrees to pay to the CITY
Six Hundred Sixty -Four Dollars and Fifty Cents ($664.50) monthly (the "Monthly
Fee), which shall be paid in advance and in full on the first day of each month.
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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 (18t) 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.
6. 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.
7. 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.
8. SECURITY DEPOSIT.
Simultaneously with the execution of this Agreement, the LICENSEE shall
deposit with the CITY the sum of One Thousand Nine Hundred Ninety Three
Dollars and Fifty Cents ($1,993.50) (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.
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If LICENSEE is in violation (as provided in Paragraph 19), 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.
If the entire Security Deposit, or any portion thereof, being appropriated
and applied by CITY for the payment of (i), (ii) or (iii) above, or other sums due
and payable to CITY by LICENSEE, then LICENSEE shall, on CITY'S written
demand remit to CITY a sufficient sum in cash to restore said Security Deposit to
the original sum deposited. At the expiration of this Agreement, the Security
Deposit or balance thereof, as the case may be, shall be returned to LICENSEE.
9. 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 and CITY reserves the right,
upon written notice to LICENSEE, to bill LICENSEE directly for the utilities or
installation of any lines and equipment.
10. 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
98- 149
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.
11. 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 or (d) 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.
12. TRANSFER.
The CITY authorized LICENSEE to transfer its privilege of occupancy and
use granted unto it by this Agreement to a Florida for profit corporation to be
named N and B N'Terprizes, Inc. LICENSEE is to be the sole officer and
shareholder of N and B N'Terprizes, Inc. This Agreement will be automatically
canceled if there are any changes in corporate officers or shareholders. The only
transfer or assignment allowed under this Agreement is to N and B N'Terprizes,
Inc.
s
98- 149
13. 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.
14. VIOLATIONS, LIENS AND SECURITY INTERESTS.
Licensee, at its expense and with due diligence and dispatch, shall secure the
cancellation or discharge of or bond off same in the manner permitted by law, all
notices of violations arising from or otherwise in connection with Licensee's
improvements or operations in the Area which shall be issued by any public
authority having or asserting jurisdiction. Licensee shall promptly pay its
contractors and materialsmen for all work and labor done at Licensee's request.
Should any such lien be asserted or filed, regardless of the validity of said liens or
claims, Licensee shall bond against or discharge the same within fifteen (15)
calendar days of Licensee's receipt of notice of the filing of said encumbrance. In
the event Licensee fails to remove or bond against said lien by paying the full
amount claimed, Licensee shall pay the City upon demand any amount paid out by
City, including City's costs, expenses and reasonable attorneys' fees. Licensee
further agrees to hold City harmless from and to indemnify the City against any
and all claims, demands and expenses, including reasonable attorney's fees, by
reason of any claims of any contractor, subcontractor, materialman, laborer or any
other third person with whom Licensee has contracted or otherwise is found liable
for, in respect to the Area. Nothing contained in this Agreement shall be deemed,
construed or interpreted to imply any consent or agreement on the part of City to
subject the City's interest or estate to any liability under any mechanic's or other
lien asserted by any contractor, subcontractor, materialsman or supplier thereof
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98- 149
against any part of the Area or any of the improvements thereon and each such
contract shall provide that the contractor must insert a statement in any
subcontract or purchase order that the contractor's contract so provides for waiver
of lien and that the subcontractor, materialman and supplier agree to be bound by
such provision.
15. NO LIABILITY.
In no event shall the CITY be liable or responsible for loss or damage to the
personal property, improvements, fixtures and/or equipment belonging to or
rented by LICENSEE, its officers, agents, employees, invitees or patrons,
including without limitation, damages resulting from vandalism or theft, fire,
steam, electricity, gas, water, rain, which may leak or flow from or into any part of
the Property, or from the breakage, leakage, obstruction or other defects of the
pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures
of the Property, or from hurricane or any act of God or any act of negligence of
LICENSEE, its officers, employees, agents, invitees or patrons or any person
whomsoever whether such damage or injury results from conditions arising at or
about the Property or from other sources.
16. 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 LICENSEE'S use and occupancy of the Property,
for any personal injury, loss of life or damage to personal and/or real property
sustained in or on the Property, by reason of or as a result of LICENSEE' 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
to
99- 149
NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE CITY, INCLUDING ANY
OF ITS EMPLOYEES, AGENTS, OR OFFICIALS.
LICENSEE further acknowledges that as lawful consideration for being
granted the right to utilize and occupy the Property, LICENSEE, on behalf of
himself, his agents, invitees and employees, does hereby release from any legal
liability the CITY, its officers, agents and employees, from any and all claims for
injury, death or property damage resulting from LICENSEE'S use of the Property.
17. 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
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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 2nd 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 designated from time to time.
H. A current Certificate and Policy of Insurance evidencing the aforesaid
required insurance coverage shall be supplied to the Division 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.
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9R— 149
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.
18. CANCELLATION BY REQUEST OF EITHER OF THE
PARTIES WITHOUT CAUSE.
Either party may cancel this Agreement at any time with thirty (30) days
written notice to the non -canceling party.
19. 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.
20. REMOVAL OF PROPERTY.
In either event of cancellation or termination pursuant to Paragraphs 18 or
19 above, at the expiration of the time provided by the notice, LICENSEE shall
peacefully surrender the Property broom clean and in good condition and repair
together with all alterations, fixtures, installation, additions and improvements
which may have been made in or attached on or to the Property. Upon surrender,
LICENSEE shall promptly remove all its personal property, trade fixtures and
equipment and LICENSEE shall repair any damage to the Property caused
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98- 149
thereby. Should LICENSEE fail to repair any damage caused to the Property
within ten (10) days after receipt of written notice from CITY directing the required
repairs, CITY shall cause the Property to be repaired at the sole cost and expense of
LICENSEE. LICENSEE shall pay CITY the full cost of such repairs within ten (10)
days of receipt of an invoice indicating the cost of such required repairs. CITY may
require LICENSEE to restore the Property so that the Property shall be as it was
on the Effective Date.
In the event LICENSEE fails to remove its personal property, equipment and
fixtures from the Property within the time limit set by the notice, 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, may remove
and/or dispose of same at LICENSEE'S sole cost and expense.
21. IMPOSITIONS.
For purposes of this paragraph, "Impositions" shall mean 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 and personal property 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 a lien on the
Property and/or improvements thereon, or appurtenances or facilities used in
connection therewith.
LICENSEE shall pay before any fine, penalty, interest or costs is added for
nonpayment, any and all Impositions 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.
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9S- 149
In the event LICENSEE appeals the validity of, or amount of an Imposition,
LICENSEE shall immediately notify CITY of its intention to appeal such
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 (100%) of the contested Imposition with all interest on it and costs and
expenses, including reasonable attorneys' fees, to be incurred in connection with it.
In no event shall the CITY be responsible for or obligated to challenge or appeal
the validity or amount of any Imposition.
22. 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 for
purposes of terminating or canceling this Agreement the CITY may serve notice by
posting 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
15
LICENSEE:
Anita M. Najiy
145 NW 41st Street
Miami, FL 33127
98- 149
23. ADVERTISING.
LICENSEE shall not permit any signs or advertising matter to be placed
either in the interior or upon the exterior of the Property 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 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.
24. 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.
25. 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.
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26. 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.
27. 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.
28. WAIVER OF JURY TRIAL.
The parties hereby knowingly, irrevocable, voluntarily and intentionally
waive any right either may have to a trial by jury in respect of any action,
proceeding or counterclaim based on this Agreement, or arising out of, under or in
connection with this Agreement or any amendment or modification of this
Agreement, or any other agreement executed by and between the parties in
connection with this Agreement, or any course of conduct, course of dealing,
statements (whether verbal or written) or actions of any party hereto. This waiver
of jury trial provision is a material inducement for the CITY and LICENSEE
entering into the subject transaction.
17
�'f S - 149
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
18
9S,- 149
34. APPROVAL BY THE OVERSIGHT BOARD.
The State of Florida has appointed an Emergency Financial Oversight
Board (the "Oversight Board"), which is empowered to review and approve all
pending City of Miami contracts. As a result, contracts shall not be binding on the
CITY until such time as they have been approved by the Oversight Board.
Execution of this Agreement by the City Manager shall constitute evidence of
approval by the Oversight Board.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
of the day and year first above written.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
JOEL EDWARD MAXWELL
INTERIM CITY ATTORNEY
ATTEST:
Print Name
CITY OF MIAMI, a municipal
corporation of the State of Florida
JOSE GARCIA-PEDROSA
CITY MANAGER
APPROVED AS TO INSURANCE
REQUIREMENTS:
MARIO SOLDEVILLA
RISK MANAGEMENT DIVISION
ANITA M. NAJIY
Print Name
19
SRI— 149
EXHIBIT A
OVERTOWN SHOPPING CENTER
1490 NW 3rd Avenue
Miami, Florida
IYA1
•—Jl ~ t.` '-T4 .fir}�: t:::•:�::
i,.. ..� 3.89x 2,495.
FACILITY 11
19,265 sf
# 11215 'F t A
2,433 sf 2,000 sf44
7.131 5.861
# // /
hl j - 1,167 sf
3.422
I
�y
1•,Yti`Isf'
XV
1,167 s
-<
.42z
## 108
sf
1,505 s
4.41%
41.03%
5 ,265 sf-
15.43z
r
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Chairman and Members
of the City Commission
Jose Garcia -Pedrosa
City Manager
RECOMMENDATION:
DATE: FEB 2 1996 FILE :
SUBJECT : Resolution Authorizing the Manager to
Execute a Revocable License Agreement
with Anita M. Najiy
REFERENCES:
City Commission Agenda
ENCLOSURES: February 10, 1998
The Administration recommends that the City Commission adopt the attached Resolution,
authorizing the City Manager to execute a Revocable License Agreement, in substantially
the attached form, between the City of Miami and Anita M. Najiy, for the use of
approximately 1,329 square feet of space in the Overtown Shopping Center located at 1490
NW 3rd Avenue, Space 104, Miami, Florida.
BACKGROUND:
The Overtown Shopping Center is a City -owned property and is designated to serve as the
commercial retail anchor in the Overtown area. The City Commission has been committed
to economic development within the City's target areas, more specifically, the continued
development of the Overtown Shopping Center. At the October 28, 1997 City Commission
meeting, Motion No. 97-776 authorized a six month rent abatement to all businesses
renting space from the City at the Overtown Shopping Center.
The Overtown Neighborhood Enhancement Team (NET) has met with the Overtown
Advisory Board, the Overtown Merchants Alliance Associations and members of the
community to address the service needs of the neighborhood. Based on recommendations
from these agencies, NET has identified and recommended that the City enter into an
agreement with Anita M. Najiy, who will operate Super Suds Laundromat which will
provide a coin laundromat service to the neighborhood. The fee to be paid to the City for
this space in the Overtown Shopping Center is $6.00 per square foot for an annual
payment of $7,974.
cc: Honorable Mayor Xavier L. Suarez
DB/sa/AnitaNajiy
vtl8- 149
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Jose Garcia -Pedrosa
TO:'(,4,_,Ay1tV,ager DATE: FILE
Overtown Shopping Center
SUBJECT: FavorableRecommendation
FROM: faters REFERENCES: City Commission Agenda
February 10, 1998
ommunity Development ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the attached resolution, as prepared by the Office of
Asset Management, authorizing the execution of a Revocable License Agreement, between
the City of Miami and Anita M. Najiy, for the_ use of approximately 1,329 square feet of
space in the Overtown Shopping Center, located at 1490 NW 3=d Avenue, Space No. 104,
Miami, Florida, be approved.
Ms. Anita M. Najiy, a resident of the City of Miami, has met with the Overtown NET
Administrator on several occasions to discuss her proposed business plan to open and
operate Super Suds Laundromat, a coin laundromat service. Said plan was prepared and
reviewed by Tools for Change, Inc. Also, Ms. Najiy has made formal presentations to the
Overtown Advisory Board and Overtown Merchants Alliance Association. The
aforementioned organizations are in support of this business becoming a part of the
Overtown community.
In addition to support from the community based organizations, Republic National Bank
Overtown Branch, and the Small Business Administration are providing financial support
to Ms. Najiy, who will also be making a substantial financial investment into the business.
The opening of this laundromat in the Overtown Shopping Center will initially create three
(3) new employment opportunities for Overtown residents. In an effort to increase the tax
base, revive the commercial business district and empower the community residents, it is
recommended that the City move forward in entering into a Revocable License Agreement
with Anita M. Najiy.
BACKGROUND:
In accordance with Resolution No. 95-235 as amended, funds were approved and
appropriated from the Capital Improvement Project No. 322059 for the rehabilitation of the
Overtown Shopping Center.
The Overtown Shopping Center is a City -owned property and is designated to serve as the
commercial retail anchor in the Overtown area. Currently, six of the ten spaces in the
Shopping Center are occupied. The Overtown NET Administrator, in coordination with the
City's Office of Asset Management and community representatives are identifying tenants,
to create a viable business mix for the Overtown Shopping Center.
3
°R- 149