HomeMy WebLinkAboutR-94-0388J-94-478
5/31/94
94— 388
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
REVOCABLE PERMIT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH OVERTOWN PARKWEST
CLEANERS, INC., FOR THE USE OF SPACES 104 AND
108 IN THE OVERTOWN SHOPPING CENTER, LOCATED
AT 1490 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA,
WITH NEGOTIATED TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE REVOCABLE
PERMIT AND DESCRIBED HEREIN.
WHEREAS, on September 27, 1993, by Resolution No. 93-570,
the City Commission authorized the City Manager to accept the
findings of the selection committee concerning the use of vacant
retail space in the Overtown Shopping Center, located at 1490
Northwest 3rd Avenue, Miami, Florida, and further authorized the
City Manager to negotiate and execute a revocable permit with
Overtown Parkwest Cleaners, Inc., for the use of Space 104 as a
Laundromat facility in the Overtown Shopping Center; and
WHEREAS, a subsequent request for proposals process was
conducted in December, 1993, for vacant spaces in the Overtown
Shopping Center which included Space 108; and
WHEREAS, no viable proposals were received for the use of
Space 108 which contains City -owned dry cleaning equipment; and
i
CONTAINED
CITY c0r0srssrox
MEET- 'a OF
JUN o 9 1994
A"CauwD no,
94— 388
WHEREAS, Overtown Parkwest Cleaners, Inc., is desirous of
expanding its Laundromat operations in the Overtown Shopping
Center to include the operation of a dry oleaning facility in the
vacant Space 108;
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 authorized to
negotiate and execute a revocable permit, in substantially the
attached form, with Overtown Parkwest cleaners, Inc., for the use
of Spaces 104 and 108 in the Overtown Shopping Center, located at
1490 Northwest 3rd Avenue, Miami, Florida, said revocable permit
shall be negotiated to include, amongst other provisions, (a) the
use of the space on a yearly basis, subject to a thirty (30) days
revocation notice, (b) payment of a Use Fee, (c) payment of
utility and telephone charges, (d) provision of insurance as
prescribed by the City Manager or his designee, (e) maintenance
of the interior spaces, and (f) commencement of retail operations
within ninety (90) days of the date of execution of said
revocable permit.
Section 3. This Resolution shall become effective
immediately upon its adoption.
-2-
94- 388
PASSED AND ADOPTED this 9th
I AT
f
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A
A. QftXN 0 ES, TII
CITY ATT EY
JOB:osk:M4364
mg
day of June 1994.
!�► v . ^k�
ST PHEN P. CL RK, MAYOR
94- 388
REVOCABLE PERMIT
ISSUED BY THE
CITY OF MIAMI
TO
OVERTOWN PARKWEST CLEANERS, INC.
FOR THE USE OF SPACES 104 AND 108
IN
OVERTOWN SHOPPING CENTER
1490 NORTHWEST 3 AVENUE
MIAMI, FLORIDA
Issued this day of
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND'
CORRECTNESS:
, 1994.
CITY OF MIAMI, a municipal
corporation of the State of
Florida
CITY MANAGER
APPROVED AS TO INSURANCE
REQUIREMENTS:
�gk3 l
CITY ATTORNEY RISK MANAGEMENT DEPARTMENT
14- 388
1. DESCRIPTION OF AREAS
2. TIME
3. PURPOSE AND USE
4. FEE
5. LAWS APPLICABLE
6. UTILITIES
7. NO ASSIGNMENT OR TRANSFER
8. CONDITION OF AREAS
9. IMPROVEMENTS
10. MAINTENANCE
11. CITY'S RIGHT OF ENTRY
12. RISK OF LOSS
13. INDEMNIFICATION
V 14. INSURANCE
15. PEACEFUL RELINQUISHMENT
16. GENERAL CONDITIONS
17. ADVERTISING
18. NONDISCRIMINATION
19. VIOLATIONS
20. TAXES
21. INTEREST CONFERRED BY PERMIT
22. AFFIRMATIVE ACTION
23. MINORITY/WOMEN BUSINESS UTILIZATION
C 24. ENTIRE AGREEMENT
i
! 25. AMENDMENTS
34- 388
26. WAIVER OF JURY TRIAL
27 COURT COSTS AND ATTORNEY'S FEES
28. MODIFICATIONS
CORPORATE RESOLUTION
94- 388
REVOCABLE PERMIT
1. DESCRIPTION OF AREAS
The City of Miami (hereinafter referred to as the "CITY")
hereby issues this revocable permit (hereinafter referred to as
the "PERMIT") to OVERTOWN PARKWEST CLEANERS, INC., a Florida
corporation, (hereinafter referred to as the "PERMITTEE"), for
the purpose of and under the conditions hereinafter set forth,
permitting said PERMITTEE to use Space 104 consisting of 1,329
square feet of space; and Space 108 consisting of 1,505 square
feet of space; for a total of 2,834 square feet of space in the
Overtown Shopping Center, 1490 N.W. 3 Avenue, Miami, Florida
(hereinafter -referred to as the "AREAS"). The AREAS presently
contain laundromat and dry cleaning equipment and machinery,
owned by the City of Miami, which is not a part of this PERMIT.
The purchase of the existing laundromat and dry cleaning
equipment and machinery by PERMITTEE, or, alternatively, the
removal of said equipment by the CITY subject to Section 8
hereof, is to be negotiated separately from this PERMIT.
CONDITIONS
2. TIME
This PERMIT shall be valid for a period of one year
commencing on the date of its issuance, unless otherwise revolted
as provided below. This PERMIT may be extended for additional
one (1) year periods upon the request of the PERMITTEE, submitted
in writing at least ninety (90) days prior to the expiration
date, subject to the approval of the City Manager or his
4
designee. This PERMIT or any extensions thereof, in addition to
the expiration which may result from or under the provisions of
Section 19 hereof, may also be revoked by the City Manager, with
or without cause at any time by delivery of a written notice of
revocation, thirty (30) days prior to revocation.
3. PURPOSE AND USE
The AREAS shall be used by the PERMITTEE to operate
laundromat and dry cleaning facilities. Commencement of
operations shall be within ninety (90) days of execution of this
PERMIT.
4. FEE
PERMITTEE shall pay for the use of the AREAS a fee in the
amount of $1,063.00 plus tax, per month commencing ninety-one
(91) days after the execution of this PERMIT.
5. LAWS APPLICABLE
PERMITTEE accepts this PERMIT and hereby acknowledges that
PERMITTEE's compliance with all laws of the State of Florida,
Ordinances of the City of Miami and Dade County, Florida,
pertaining to the operation and maintenance of the AREAS,
including but not limited to building codes and zoning
restrictions, is a condition of this PERMIT, and PERMITTEE shall
comply therewith as the same presently exist and as they may be
amended hereafter.
6. UTILITIES
PERMITTEE shall pay for all its utilities consumed at the
AREAS, including but not limited to electricity, water, gas and
,4- 388
telephone charges, including the cost of installation of any
lines and equipment necessary. PERMITTEE shall be responsible
for removal of its garbage and trash. PERMITTEE shall be solely
responsible for payment of all Stormwater Utility Fees imposed
upon the AREAS.
7. NO ASSIGNMENT OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
8. CONDITION OF AREAS
PERMITTEE hereby accepts the AREAS in its present condition
and shall maintain it in good condition, order and repair. The
AREAS presently contain City -owned Laundromat and dry cleaning
equipment and machinery which is neither a part of, nor governed
by this PERMIT. The purchase of the laundromat and dry cleaning
equipment and machinery by PERMITTEE, is to be negotiated
separately from this PERMIT. In the event PERMITTEE does not
purchase said laundromat and dry cleaning machinery and equipment
from the CITY, then CITY and PERMITTEE agree that CITY shall have
the right to remove said machinery or equipment from the AREAS
notwithstanding the manner of attachment. If any removal of
machinery, equipment, or fixtures shall injure or damage the
AREAS, PERMITTEE shall repair such damage at its own expense.
9. IMPROVEMENTS
PERMITTEE agrees that no construction, repairs, alterations
or improvements may be undertaken upon the AREAS unless the plans
94- 388
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are:
A. Submitted to the Office of Asset Management and
Capital Improvements for review and prior approval
which approval shall not be unreasonably delayed or
denied;
B. Approved by all departments and offices of the
CITY having jurisdiction thereof; and
C. In compliance with all State, Dade County and City
of Miami rules and regulations.
All additions, partitions, or improvements shall become the
property of CITY and shall remain a part of the AREAS at the
expiration of this PERMIT. The cost of renovation of the AREAS
as to alterations, additions, partitions or improvements shall be
borne by and is the financial responsibility of PERMITTEE.
Upon completion of construction, the paid invoices, receipts
and other such documents shall be submitted to the City Manager.
Prior to the expiration date of this PERMIT or the effective
date of any earlier termination, PERMITTEE shall have the right
to remove any movable personal property or trade fixtures that it
places on the AREAS, however, if any removal of machinery,
equipment, or trade fixtures shall injure or damage the AREAS,
PERMITTEE shall repair such damage at its own expense. Any
personal property or trade fixtures remaining at the AREA after
the termination or expiration of this PERMIT shall become the
property of the CITY.
PERMITTEE also hereby agrees to pay for and obtain all
necessary and applicable permits in compliance with all State,
Dade County and City of Miami laws, rules and regulations in
connection with any additions, partitions or improvements made by
PERMITTEE to the AREAS.
7 94- 388
10. MAINTENANCE
PERMITTEE shall at PERMITTEE's sole cost and expense
maintain the AREAS, including all plumbing, electrical, heating
and gas facilities, in good order and repair at all times, and in
an attractive, clean and sanitary condition during the period of
this PERMIT or any extension or renewal hereof.
11. CITY'S RIGHT OF ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter the
AREAS during all reasonable working hours, to examine and/or
inspect the same.
12. RISK OF LOSS
PERMITTEE shall indemnify and save CITY harmless against all
risk of loss, injury or damage of any kind or nature whatsoever
to property now or hereafter placed on or within the AREAS and
all risk of loss, injury or damage of any kind or nature
whatsoever to the contents of such building or improvements made
by PERMITTEE to the structure or structures, or to any goods,
chattels, merchandise or to any other property that may now or
hereafter be placed upon the AREAS, whether belonging to
PERMITTEE or others, whether said loss, injury or damage results
from fire, hurricane, rising water or from any other cause or
other contingency, and whether the same be caused by the claimed
negligence of CITY or any of its employees, agents or otherwise,
and shall keep CITY harmless from all claims and suits growing
out of any such loss, injury or damage.
94- 388
N.
13. INDEMNIFICATION AND HOLD HARMLESS
PERMITTEE covenants and agrees that it shall indemnify, hold
harmless and defend CITY from and against any and all claims,
suits, actions, damages or causes of action arising during the
period of this PERMIT or any extensions or renewals hereof, for
any personal injury, loss of life or damage to property sustained
in or on the AREAS, by reason of or as a result of PERMITTEE'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 and about the defense of any such claim and the
investigation thereof.
14. INSURANCE
PERMITTEE shall maintain throughout the period of this
PERMIT and through any periods of extensions or renewals, the
following insurance:
A. Commercial General Liability, Comprehensive
General Liability or its equivalent, including
premises, operations, and contractual coverages, with a
combined single limit of at least $500,000 for bodily
injury liability and property damage liability.
B. Any other coverage deemed necessary in the course
of business, broad form property coverage in building,
fire, flood, windstorm and extended coverage on a
replacement cost basis and worker's compensation as
34- 388
9
determined by State law. The City of Miami is
currently paying for broad form and property coverage
for the initial term of this PERMIT. Subsequent
renewals of said coverage are subject to renegotiation
by the PERMITTEE and the City Manager or his designee.
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 $300,000 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. The City shall be named an additional insured and
Loss Payee on all the required policies of insurance.
( Required policies of insurance shall be so written that
the policy or policies may not be cancelled or
materially changed without sixty (60) days advance
written notice to the CITY. Said notice should be
delivered to the City of Miami, Division of Risk
Management, 300 Biscayne Blvd. Way, Suite 328, Miami,
Florida 33131.
i
I
E. A current Certificate and Policy of Insurance
i
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4- 388
10
showing the required coverage shall be supplied to the
Office of Asset and Grant Management of the CITY.
Insurance policies required above shall be issued by
companies duly authorized to do business under the laws
of the State, and approved by the CITY with the
following qualifications as to management and financial
strength: the company should be rated "B+" 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. Receint nf anv
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
PERMITTEE's obligation to fulfill the insurance
requirements herein.
15. PEACEFUL RELINQUISHMENT
At the expiration of the PERMIT period, PERMITTEE shall,
without demand, quietly and peaceably relinquish, surrender and
deliver up possession of the AREAS in good as condition as it was
at the beginning of the PERMIT period. Peaceful relinquishment
is also required pursuant to the provisions of Section 19 hereof,
or as provided in Section 2 hereof or as may otherwise be
directed by CITY.
16. GENERAL CONDITIONS
A. Notices: 9 4- 388
11
All notices or other communications which may be given
pursuant to this PERMIT shall be delivered in writing, by
personal service or registered mail, and shall be addressed to
CITY and PERMITTEE as follows:
CITY OF MIAMI PERMITTEE
City Manager Overtown Parkwest Cleaners
Attn: Asset Management Attn: Shaun Rose and
City of Miami Anthony Robinson
P.O. Box 330708 1490 N.W. 3 Avenue
Miami, Florida Miami, F1.
Such notice shall be deemed given on the day on which personally
served; or, if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
B. Title and paragraph headings are for convenient
reference and are not a part of this PERMIT.
C. Waiver:
No failure on the part of the CITY to enforce or insist upon
performance of any of the terms of this PERMIT, 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.
D. Should any provisions, paragraphs, sentences, words or
phrases contained in this PERMIT 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 of
Miami, such provisions, paragraphs, sentences, words or phrases
shall be deemed modified to the extent necessary in order to
,4- 388
12
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 PERMIT shall remain unmodified and in full force and
effect.
17. ADVERTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed either in the interior or upon the exterior of the
AREAS grounds without having first obtained the approval of the
City Manager or his designee. CITY reserves the right to erect
or place upon the AREAS an appropriate sign indicating CITY's
having issued this PERMIT.
18. NONDISCRIMINATION
PERMITTEE shall not discriminate against any persons on
account of race, color, sex, religious creed, ancestry, national
origin, mental or physical handicap, in the use of the AREAS and
improvements thereon.
19. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this PERMIT, then, and in the event, after ten (10)
days written notice given to PERMITTEE by the City Manager within
which to cease such violation or to correct such deficiencies,
and upon failure of PERMITTEE to do so after such written notice,
this PERMIT is hereby revoked automatically without the need for
other or further action by CITY.
20. TAXES
During the period of this PERMIT, PERMITTEE shall pay any
94- 388
13
and all taxes of whatever nature lawfully levied upon or assessed
against the AREAS.
21. INTEREST CONFERRED BY PERMIT
The provisions of this PERMIT do not constitute a lease and
the rights of PERMITTEE hereunder are not those of a tenant. No
leasehold interest in the AREAS is conferred upon PERMITTEE under
the provisions hereof.
22. AFFIRMATIVE ACTION
PERMITTEE, 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 handicapped, 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, PERMITTEE shall submit
a Statement of Assurance indicating that their operation is in
compliance with all relevant Civil Rights,laws and regulations.
23. MINORITY/WOMEN BUSINESS UTILIZATION
PERMITTEE, shall make every good faith effort to
purchase/contract fifty-one percent (510) of its annual goods and
services requirements from Hispanic, Black and Women
businesses/professionals registered/certified with the City of
Miami's Office of Minority/Women Business Affairs. Such lists
will be made available to the PERMITTEE at the time of the
issuance of the PERMIT by the City of Miami and updates will be
94-- 388
14
routinely provided by the City's Office of Minority/Women
Business Affairs.
24. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only agreement of•the parties hereto and correctly set 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 PERMIT are of no
force or effect.
25. AMENDMENT
No amendments to this PERMIT shall be binding on either
party unless in writing and signed by both parties.
26. WAIVER OF JURY TRIAL
PERMITTEE waives a trial by jury of any and all issues
arising in any action or proceeding between the parties hereto,
or their successors or assigns, under or connected with this
PERMIT, or any of its provisions, the relationship of the
parties, the PERMITTEE's use or occupancy of the premises,
PERMITTEE's rights thereto, and/or claim of injury or damage and
any emergency statutory or any other statutory remedy or
otherwise.
27. 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 PERMIT,
PERMITTEE shall pay CITY's court costs and attorney's fees.
94- 388
15
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28. MODIFICATIONS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the City
commission.
IN WITNESS -WHEREOF, PERMITTEE has hereunto caused this
Revocable Permit to be applied for and has executed the following
by its duly authorized officers, as of this day of
1994.
ATTEST:
Corporate Secretary
PERMITTEE:
OVERTOWN PARKWEST CLEANERS, INC.
(Seal)
Director
94- 388
CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI has agreed to enter into a
Revocable Permit with OVERTOWN PARKWEST CLEANERS, INC., a Florida
corporation, for the use of Spaces 104 and 108 totalling 2,834
square feet of space in the Overtown Shopping Center, Space 104,
1490 N.W. 3 Avenue, Miami, Florida ("AREAS"); and
WHEREAS, the OVERTOWN PARKWEST CLEANERS, INC. has agreed to
accept this Revocable Permit; and
WHEREAS, the Board of Directors of the OVERTOWN PARKWEST
CLEANERS, INC. has examined the terms, conditions, and
obligations of the attached Revocable Permit with the CITY OF
MIAMI, for the use of the AREAS; and
WHEREAS, the Board of Directors of the OVERTOWN PARKWEST
CLEANERS, INC., at a duly. held corporate meeting, has considered
the matter in accordance with the bylaws of the corporation;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
the OVERTOWN PARKWEST CLEANERS, INC., that the president and
secretary are hereby authorized to enter into a Revocable Permit
in the name of, and on behalf of this corporation, with the CITY
OF MIAMI for the price and upon the terms and payments contained
in the attached Revocable Permit submitted by the CITY OF MIAMI.
IN WITNESS WHEREOF , this day of , 1994.
Secretary
OVERTOWN PARKWEST CLEANERS, INC.
By:
President
Board of Directors
17 94- 338
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUI
Honorable Mayor and Members
TO: of the City Commission
FROM : CesCitay, �Ia � ro , .
E
RECOMMENDATION
DATE : MAY 31 1994 FILE :
Resolution Authorizing a
SUBJECT : Revocable Permit to
Overtown Parkwest Cleaners
REFERENCES : For City Commission
Meeting of 6/9/94
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to negotiate and
execute a Revocable Permit in a form acceptable to the city
Attorney, with Overtown Parkwest Cleaners, Inc. for the use of
Spaces 104 and 108 as laundromat and dry cleaning facilities,
respectively, in the Overtown Shopping Center, located at 1490
Northwest 3 Avenue, Miami, Florida. Negotiated provisions shall
include use of the space on a yearly basis subject to a 30 day
revocation notice; payment of a use fee; payment of utility and
telephone charges; provision of insurance coverage; maintenance
of the interior space; and commencement of retail operations
within 90 days of the Revocable Permit's execution.
BACKGROUND
On September 27, 1993, by Resolution No. 93-570, the City
Commission authorized the City Manager to accept the findings of
the selection committee concerning the use of vacant retail space
in the Overtown Shopping Center, located at 1490 N.W. 3 Avenue,
Miami, Florida; and further authorized the City Manager to
negotiate and execute a Revocable Permit with Overtown Parkwest
Cleaners, Inc. for the use of Space 104 as a laundromat facility
in the Overtown Shopping Center.
During a subsequent request for proposals process held in
December, 1993 for the remaining vacant spaces in the Overtown
Shopping Center, no viable proposals were received for the use of
Space 108 which contains City -owned dry cleaning equipment.
Overtown Parkwest Cleaners, Inc. is desirous of expanding its
laundromat operations in the Overtown Shopping Center to include
the operation of a dry cleaning facility in Space 108 which is
currently vacant and contains dry cleaning equipment.
Attached: Proposed Resolution
Proposed Revocable Permit 3 4_ 388
431 "4