HomeMy WebLinkAboutR-90-0417n
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J-90-401.
5130j90
RESOLUTION NO.
90- 417
A RESOLUTION, AMENDING RESOLUTION NO. 90-1.00,
ADOPTED FEBRUARY 7, 1990 BY MODIFYING THE
REVOCABLE PERMIT AUTHORIZED TO BE ISSUED
THEREUNDER IN REGARD TO THE USE OF 1,200
SQUARE FEET OF SPACE LOCATED IN THE OVERTOWN
SHOPPING CENTER, LOCATED AT 1490 NORTHWEST
3RD AVENUE, MIAMI, FLORIDA, SAID MODIFICATION
ONLY RESULTING IN THE CHANGE OF THE PERMITTEE
NAME FROM "SATELLITE BEAUTY SALON, INC." TO
"STARLITE UNISEX BEAUTY SALON, INC."
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Resolution No. 90-100, adopted
February 7, 1990, is hereby amended by modifying the Revocable
Permit, issued pursuant to said Resolution and attached thereto
in regard to the use of 1,200 square feet of space located in the
Overtown Shopping Center, located at 1490 Northwest 3rd Avenue,
Miami, Florida, said modification resulting only in the change of
the name of the permittee from "Satellite Beauty Salon, Inc." to
"Starlite Unisex Beauty Salon, Inc".
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th day of June 1990.
/ XAVIER L. SUARS , MAYOR
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
-JORGE L E NANDEZ '
CITY ATTORNEY
JLF:gb:M1527
CITY V41L•us7iVi'E
Mr-ET'ING OF
J U N 7 1990
90- 411
KSMY
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CITY OF MIAMI, FLORIL;A
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members of
The CityCommission
FRo"Cesar H . Od
City Manager
•;fW 6 ".000R
C � �
oaTe M A 1 2 91990
SUBJECT' Resolution Amending
Resolution 90-100 by
modifying "Satellite
eauty Salon" to
AEFERENCEStarlite Unisex
ENCLOSURESBeauty Salon"
FILE
It is respectfully recommended that the city Commission adopt a
resolution amending Resolution No. 90-100, adopted February 7,
1990, said modification only resulting in the change of the
Permittee's name from "Satellite Beauty Salon, Inc.r' to "5tarlite
Unisex Beauty Salon, Inc."
The General Services Administration Department, Property and
Lease Management Division, prepared a Revocable Permit to be
issued to Satellite Beauty salon, Inc. for use of 1,200 square
feet of space in the overtown shopping Center located at 1490
Northwest 3 Avenue, Miami, Florida, for a period of five years at
$450 per month commencing on the First day of the fourth month
after execution of the permit.
After the City commission passed Resolution No. 90-100 on
February 7, 1990, the operators of Satellite Beauty Salon, Inc.
requested City staff to change the name of the beauty salon to
"Starlite Unisex Beauty Salon, Inc." The corporate officers of
Starli.te are the same as those of Satellite Beauty Salon, Inc.
It is recommended that Resolution 90-100 be amended to modify the
Revocable Permit with "Satellite Beauty Salon, Inc.," to
"Starli,te Unisex Beauty Salon, Inc." for use of 1,200 square feet
of space in the overtown shopping Center located at 1490
Northwest. 3 Avenue, Miami, Florida, for a period of five years at
$450 per month, plus tax, with the first monthly payment due and
payable on the first day of the fourth month after execution of
the attached Revocable Permit.
Attachments
90— 417
CA -1
REVOCABLE PERMIT
NO.
ISSUED BY THE
CITY OF MIAMI
TO
STARLITE UNISEX BEAUTY SALON, INC.
SATELLITE- BEAUTY- 6A+jON ; - INE-
FOR 1,200 SQUARE FEET OF
PROPERTY LOCATED IN THE
OVERTOWN SHOPPING CENTER
1490 N.W. 3RD AVENUE
MIAMI, FLORIDA
Issued this day of , 1990.
ATTEST: CITY OF MIAMI, a municipal
corporation of the State
of Florida
Citv Clerk City Manager
APPROVED AS TO FORM AND =
CORRECTNESS:
City Attorney
LN RETv.
REVIEW. PLEASE IDENTIFY AS
y
417
A
I.NQEX
PAGE
1.
DESCRIPTION OF AREA
3
2.
TIME.
3
3.
PURPOSE
3
4.
FEE
3
5.
RENT COMMENCEMENT
4
6.
OPENING DATE
4
7.
LAWS APPLICABLE
4
8.
UTILITIES
4
9.
IMPROVEMENTS
5
10.
ASSIGNMENT OR TRANSFER
5
11.
CONDITION OF PREMISES
5
12.
ALTERATION BY PERMITTEE
6
3.3.
MAINTENANCE
7
14.
CITY'S RIGHT OF ENTRY
7
15.
RISK OF LOSS
7
16.
INDEMNIFICATION CLAUSE
7
17.
INSURANCE
8
18.
PEACEFUL SURRENDER
9
19.
GENERAL CONDITIONS
9
20.
ADVERTISING
10
21.
NONDISCRIMINATION
10
22.
VIOLATIONS
10
23.
TAXES
11
24.
INTEREST CONFERRED BY PERMIT
11
25.
COURT COSTS AND ATTORNEY'S FEES
11
26.
ENTIRE AGREEMENT
11
27.
AMENDMENTS
11
EXHIBIT I
CORPORATE RESOLUTION
90 - 417
REVOCABLE PERMIT
1. pESCR1P-TTONi U,E-PREM U-E-S
The City of Miami (hereinafter referred to as CITY), hereby
issues this Revocable Permit (hereinafter referred to as PERMIT)
STARLITE UNISEX BEAUTY SALON, INC.
to a Florida for profit corporation
(hereinafter referred to as PERMITTEE), for the purpose and under
the condition(s) hereinafter set forth, permitting said PERMITTEE
to use 1,200 square feet of space .in the Overtown Shopping Center
(hereinafter referred to as the PREMISES), described in Exhibit 1
attached hereto and made a part hereof.
2. TIME
This PERMIT shall be valid for a period of five years,
commencing on the day of
1990, and terminating
on the day of 1995, unless otherwise revoked as
provided below. This PERMIT may be extended for additional one
year periods, upon request of PERMITTEE, submitted in writing at
least one hundred and twenty (120) days prior to the termination
date, upon the approval of the City Manager or his designee.
Said extensions will be subject to rent revisions every two
years. This PERMIT or any extensions and renewals thereof may,
in addition to the termination which may result from or under the
provisions of Section 21 hereof, also be terminated by the City
Manager, with or without cause, by delivery of a written notice
of revocation days prior to revocation.
3. PURPOSE
The PREMISES shall be used by the PERMITTEE to operate a
beauty salon.
PERMITTEE shall not change or modify such use without the
prior written consent of the City Manager.
4. FEE
PERMITTEE shall pay for the use of the PREMISES a monthly
fee of $450.00 plus tax.
94- 417
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5. RFN'I' OMMEnEMENNT
The first installment shall be due and payable on the It,
day of the fourth month after execution of this PERMIT.
Subsequent monthly installments shall be due and payable on the
day of each calendar month thereafter throughout the life of
this PERMIT. If the period of this PERMIT commences on any day
of a month excepting the 1st, PERMITTEE shall pay CITY a pro rata
share of that month's payment as provided herein.
6. OPENING DATE
The opening date of the operations in the PREMISES will take
place within ninety (90) days of the execution of this PERMIT.
Said .opening date may be extended at the sole discretion of the
City Manager.
7. LAWS APPLICABLE
PERMITTEE accepts this PERMIT recognizing that 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 Premises, including but not .limited to building codes and
zoning restrictions, are made a part of this Revocable Permit,
and PERMITTEE agrees to abide therewith as the same presently
exist and as they may be amended hereafter.
8. UTILITIES
Unless otherwise provided herein, PERMITTEE shall provide
all utilities, including but not limited to, electricity, water,
gas, and sewage disposal. Trash and garbage removal shall be at
the cost of PERMITTEE. PERMITTEE shall also be responsible for
telephone charges.
9. IMPROVEMENTS
PERMITTEE will provide all improvements at its own expense
as reasonably required by industry standards.
It is the responsibility of PERMITTEE to provide all
information necessary for the layout, design and construction of
all interior space to be occupied. PERMITTEE will provide plans
to. be reasonably approved by CITY. This information must be
provided by PERMITTEE in the form of a building program
4 L
specifically indicating number and size of rooms, functions and
relationships between spaces and departments, and number of
employees.
Once this information is in the CIZ'Y's possession, PERMITTEE
will have an interior layout of the building made and submitted
to the CITY for approval.
PERMITTEE warrants that the electrical and plumbing fixtures
and air conditioning which will be installed will be in good
operating condition on the commencement of the PERMIT. if
PERMITTEE has power or equipment requirements beyond that which
is the minimum required by code for such building and as
installed in the premises, PERMITTEE shall be responsible for the
installation of same at its sole cost and expense. All
additions, fixtures and improvements made by PERMITTEE, except
only those which shall be readily removable without injury or
damage to the Premises, shall be and remain a part of the
Premises at the termination of this Permit.
10. ASSIGNMENT OR TRANSFER
Without the express written consent of the City Commission,
PERMITTEE cannot assign or transfer its privilege of entry and
use granted unto it by this PERMIT.
11. CONDITION OF PREMISES
PERMITTEE hereby accepts the PREMISES in its present
condition and agrees to maintain it in the same condition, order
and repair as it is in at this time, except for reasonable wear
and tear.
12. ALTERATIONS BY PERMITTTEE
A. PERMITTEE may not make any alterations,
additions, partitions or improvements in or to the
PREMISES without the written consent of the City
Manager or his designees, and the design of such
proposed alterations, additions, partitions or
improvements in or to the PREMISES shall be first
submitted to the City Manager for approval. All
additions, partitions, or improvements shall become the
90- 417
5 7
property of CITY and shall remain a part of the
PREMISES at the expiration of this PERMIT and any
extensions or renewals hereof. 'The cost of renovation
of the PREMISES as to alterations, additions, _
partitions or improvements shall be borne by and is the
financial responsibility of P£RIJITTEE. -
B. PERMITTEE shall have the right to remove any =
movable personal property or fixtures that it places on
the PREMISES. All alterations, additions, partitions
or improvements must be in conformance with the
provisions of Section 7 hereof. If any part of the
PREMISES is in any way damaged by the removal of such
items as stated, in subsection A hereof, said damage
shall be repaired by PERMITTEE at its sole cost and
expense. Should PERMITTEE fail to repair any damage
caused to the PREMISES ten (10) days after receipt of
written notice from CITY directing the required =
repairs, CITY shall cause the PREMISES to be repaired
at the sole cost and expense of PERMITTEE. PERMITTEE
shall pay CITY the full cost of such required repairs.
Failure to pay such invoice shall be sufficient cause
to revoke the PERMIT as provided in Section 19 below.
Notwithstanding the above, CITY reserves the right to
revoke this PERMIT for PERMITTEE's failure to repair
the PREMISES as directed without the necessity of CITY
repairing the PREMISES.
13. MAINTENANCE
PERMITTEE agrees to maintain the interior of the PREMISES 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.
14 • ,I-TY_'_S_RIGH Ok' ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter said
PREMISES during all reasonable working hours, to examine and/or
inspect the same.
1 * .9
PERMITTEE shall indemnify and save CITY harmless against all
risk of loss, injury, loss of use or damage of any kind or nature
whatsoever to property now or hereafter placed on or within said
PREMISES, 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 said PREMISES, 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 to keep CITY harmless from any claims and suits
growing out of any such loss, injury or damage.
16. INDEMNIFICATION CLAUSE
PERMITTEE covenants and agrees that it shall pay on behalf
of 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, and any extensions or
renewals hereof, for any personal injury, loss of life or damage
to property sustained in or on the PREMISES, 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 feesexpenses
and liabilities incurred in and about the defense of any such
claim and the investigation thereof.
�- 1::►
PERMITTEE shall maintain throughout the period of this
PERMIT, and any extensions or renewals hereof, the following
insurance:
90-w 417
0
U
A. General liability insurance on a comprehensive
general liability coverage form, or its equivalent,
including premises and operations and contractual
liability, with a combined single limit of at least
$300,000 for bodily injury and property damage
liability also broad form property including fire and
extended coverages and other endorsements as may become
applicable. CITY shall be a primary additional named
insured on the policy or policies of insurance except
for worker's compensation.
B. Business automobile liability policy 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 $300,000 for bodily injury and
property damage.
C. The policy or policies of insurance required shall
be so written that the policy or policies may not be
cancelled or adversely changed without thirty (30) days
advanced written notice to the City of Miami being
delivered to the Insurance Coordinator, City Attorney's
Office, One Southeast Third Avenue, Miami, Florida
33131.
A current Certificate of Insurance showing the required coverage
shall be supplied to the Property & Lease Management Division of
CITY. Insurance policies required above shall be issued by
companies authorized to do business under the laws of the State,
with the following qualifications as to management and financial
strength: The company must be rated no less than A as to
management, and no less than class V as to financial strength, in
accordance with the latest edition of Best's Key Rating Guide,
published by Alfred M. Best Company, Inc., Oldwick., N.J.
Furthermore, there shall be no exclusions in the insurance
policies which would override. Receipt of any documentation of
insurance by the CITY or by any of its representatives which
417
,d
FEW
indicates less coverage than required does not constitute 3
waiver of the PERMITTEE's obligation to fulfill the insurance
requirements herein.
18. PEAMML-S ND-E$
At the expiration of the PERMIT period, or any extensions
and renewals hereof, PERMITTEE shall, without demand, quietly and
peaceably relinquish, surrender and deliver up possession of the
PREMISES in as good condition as it is now, except for normal
wear and tear. Such relinquishment, surrender and delivery also
being required, upon demand of the City Manger, pursuant to the
provisions of Section 19 hereof, or as provided in Section 2 or
as may otherwise be directed by City.
19. GZXZML CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this PERMIT shall be in writing and shall be
delivered by personal service, or by registered mail addressed to
the other party at the address indicated herein or as the same
may be changed from time to time. Such notice shall be ceemea
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.
PERMITTEE
Starlite Unisex Beauty Salon, Inc.
City Manager --�'-Z�-°11+-sue
Attn: Property & Lease Mgmt. c/o Emma Peterson, President
City of Miami 1490 N.W. 3rd Avenue
P.O. Box 330708 Miami, Florida
Miami, Florida 33233-0708
g
B. Title and paragraph headings are for convenient 2
reference and are not part of this PERMIT.
C. In the event of conflict between the terms of this
PERMIT and any terms or conditions contained in any attached
documents, the terms in this PERMIT shall rule.
D. No waiver or breach of any provision of this PERMIT
shall. constitute a waiver of any subsequent breach of the same or
any other provision hereof, and no waiver shall be effective
unless made in writing.
s ,
a
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417
9 if
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E. 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
unenforceable 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 conform with such laws, then same shall be deemed severable,
and in either event, the remaining terms and provisions of this
PERMIT shall remain unmodified and in full force and effect.
20. AMRTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed either in the interior or upon the exterior of the
PREMISES or grounds without having first obtained the approval of
the City Manager or his designee. CITY reserves the right to
erect or place upon the premises an appropriate sign indicating
CITY's having issued this PERMIT.
21. 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 PREMISES
and the improvements thereon.
22. VIOTLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this PERMIT, then, and in that 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 so do after such
written notice, this PER14IT shall be revoked automatically
without the need for other or further action by CITY.
23. TAXES
During the period of this PERMIT, PERMITTEE shall pay any
and all taxes lawfully levied upon or assessed against the
PREMISES.
90- 417
10
a . 11iTEREST GON_k EP —._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 PREMISES is conferred upon PERMITTEE
under the provisions hereof.
25. QQURT COSTS_MD ATT41$I3E ' S FF, �
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this PERMIT,
PERMITTEE agrees to pay CITY's court costs and attorney's fees.
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 Agreement are of
no force and effect.
No amendments to this PERMIT shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, PERMITTEE has hereunto caused this
PERMIT to be applied for and has executed the following by its
duly authorized officers, as of this day of ,
1990.
ATTEST:
PERMITTEE: STARLITE UNISEX BEAUTY
SALON, ITC.
a Florida for profit
j
-
corporation
By _ (Seal)
Corporate Secretary
Emma Peterson
President
x
API ROVED AS TO INSURANCE
REQUIREMENTS:
-= Insura�z6 Manag
9a®
417
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-_ 90417
2
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CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI has agreed to enter. a Revocable
Permit with STARLITE UNISEX BEAUTY SALON, INC. for the operation
of a beauty salon at the Over.town Shopping Center.; and
WHEREAS, STARLITE UNISEX BEAUTY SALON, INC. has agreed to
accept this Revocable Permit; and
WHEREAS, the Board of Directors of STARLITE UNISEX BEAUTY
SALON, INC. has examined the terms, conditions, and obligations
of the attached Revocable Permit with the CITY OF MIAMI, for the
operation of a beauty salon at the Overtown Shopping Center.; and
WHEREAS, the Board of Directors of STARLITE UNISEX BEAUTY
SALON, 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
STARLITE UNISEX BEAUTY SALON, 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, and for the price and upon the terms and payment
contained in the attached Revocable Permit submitted by the CITY
OF MIAMI.
IN WITNESS WHEREOF, this day of 1990.
STARLITE UNISEX BEAUTY
SALON, INC.
By.
Chairman, Board of Directors
Secretary
a
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90- 417
C� a°DtS