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HomeMy WebLinkAboutR-90-0186t--a0-7.5 2/22/90 RESOLUTION NO. 0-0"86 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO B A B-W INCORPORATED, IN SUBSTANTIALLY THE ATTACHED FORM FOR THE USE OF 4,000 SQUARE FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "l" TO THE REVOCABLE PERMITp SAID PERMITTEE TO PAY FOR THE USE OF THE PREMISES A MONTHLY FEE OF ;1,166.67 COMMENCING ON THE FIRST DAY OF THE SEVENTH MONTH AFTER EXECUTION OF SAID PERMIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE REVOCABLE PERMIT. WHEREAS, by Resolution No. 87-248, adopted on March 13, 1987, the City of Miami Commission reaffirmed its commitment to the development of the Overtown Shopping Center; and WHEREAS, a 4,000 square foot area in the Shopping Center is available; and WHEREAS, B A B-W INCORPORATED has been negotiating with the City to use said premises; and WHEREAS, the facility is available and the City of Miami is willing to allow B A B-W INCORPORATED to use the premises through a revocable permit; 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 issue a Revocable Permit to B A B-W INCORPORATED, in substantially the l 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. 10 WO Cl) N � attached form, for the use of 4,000 square feet of space located in the Overtown Shopping Center located at 1490 northwest 3 Avenue, Miami, Florida, and more particularly described in the attached Exhibit 1 to the Revocable Permit. Said Permittee shall pay for the use of the premises a minimum monthly fee of $1,166.67 commencing on the first clay of the seventh month after execution of this Revocable Permit in accordance with the terms and conditions contained therein. Section 3. This resolution shall become effective immediately upon its adoption.. PASSED AND ADOPTED this 8th day of March , 1990. PREPARED APPROVED BY: ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: �JO E FER ANDEZ f Y t CITY ATTORNE -2- REVOCABLE PERMIT NO. ISSUED BY THE CITY OF MIAMI TO B A B-W INCORPORATED FOR 4,000 SQUARE FEET OF PROPERTY LOCATED IN THE OVERTOWN SHOPPING CENTER 1490 N.W. 3RD AVENUE MIAMI, FLORIDA Issued this day of ATTEST: City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney , 1990. CITY OF MIAMI, a municipal corporation of the State of Florida City Manager !^ REVI N, PLEASE 10ENTIFY Its INUX 1. DESCRIPTION OF AREA 2. TIME 3. PURPOSE 4. FEE 5. RENT COMMENCEMENT 6. OPENING DATE 7. LAWS APPLICABLE 8. UTILITIES 95 ASSIGNMENT OR TRANSFER 10. CONDITION OF PREMISES 11. ALTERATION BY PERMITTEE 12. MAINTENANCE 13. CITY'S RIGHT OF ENTRY 14. RISK OF LOSS 15. INDEMNIFICATION CLAUSE 16. INSURANCE 17. PEACEFUL SURRENDER 18. GENERAL CONDITIONS 19. ADVERTISING 20. NONDISCRIMINATION 21. VIOLATIONS 22. TAXES 23. INTEREST CONFERRED BY PERMIT 24. COURT COSTS AND ATTORNEY'S FEES 25. ENTIRE AGREEMENT 26. AMENDMENTS EXHIBIT I CORPORATE RESOLUTION RAGE 3 3 3 3 4 4 4 4 4 5 5 6 6 6 6 7 8 8 9 9 9 9 10 10 10 10 REVOCABLE PERMIT 1. DESCRIPTION OF PREMISES The City of Nliami (hereinafter referred to as CITY), hereby issues this Revocable Permit (hereinafter referred to as PERMIT) to B A B-W Incorporated, a Florida for profit corporation (hereinafter referred to as .PERMITTED), for the purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE to use 4,000 square feat 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 PERMIT`i'EE, submitted in writing at least one hundred and twenty (120) days prior to the termination elate, upon the approval of the City Manager or his designee. Said extensions will be subject to rent revisions. This PER141T 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 PER141TTEE to operate a restaurant featuring Caribbean and Southern foods and offering a beverage menu wliich includes beer and wine. PERMi`ITEE shall not change or modify such use without the prior written consent of, the City Manager. 4. FEE PEIU-11TTEE shall pay for the use of the PRE141SES a monthly fee of $1,166.67 plus tax. i 5. RENT COMMENCEMENT The first installment shall be due and payable on the 1st day of the seventh ;ronth after execution of this PERMIT. Subsequent monthly installments shall be due and payable on the 1st 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 C:iTY a pro rata share of that month's payment as provided herein. 6. OPENING ©ATE 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, and all laws governing the sale of alcoholic beverages, are made a part of this Revocable Permit, and PERMITTED; 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. A SSIGNMEL-rP 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. 90-0:. 10 . CON-D WN _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 gear and tear. 11. ALTERATIONS BY PZXXjTTEE A. PERMITTEE may not mace 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 property of CITY and shall remain a part of the PREMISES at the expiration of this PERMIT and any extensions or renewals hereof. The coat of renovation of the PREMISES as to alterations, additions, partitions or improvements shall be borne by and is the financial responsibility of PERMITTEE. 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 5 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. 5 90.. of ILI 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. 12. MAIMNWCE 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, 13. CIS 'X S RIGi T OF EM.'TRY 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. a 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. 15. INDEMNIFICATION CL USE 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 6 SOiL 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 fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 16. INSURICE PERMITTEE shall maintain throughout the• period of this PERMIT, and any extensions or renewals hereof, the following insurance: 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 coverage 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 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 3rd 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 7 im 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 indicates less coverage than required does not constitute a waiver of the PERMITTEE's obligation to fulfill the insurance requirements herein. 17. PEACEFUL SURRENDER 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. 18. GENERAL_rDNDITIONS 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 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. CITY City Manager Attn: Property & Lease Mgmt. City of Miami. P.O. Box 330708 Miami, Florida 33233-0708 B A B-W Incorporated c/o Beverly A. Brown -Williams P.O. Box 015787 Miami, Florida 331.01 B. Title and paragraph headings are for convenient reference and are not part of this PERMIT. 8 90-0186 a 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 PE"1IT 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. 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. 19. AMRTT_SINC 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. 20. HQEDISCRIMINATION PERMITT8E 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. 21. VIOLA.TIONS 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 PERMIT shall be revoked automatically without the need for other or further action by CITY. r 22. TES During the period of this PERMIT, PERMITTEE shall pay any and all. taxes lawfully levied upon or assessed against the PREMISES. 23. Y FERMIT 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. 24. 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 agrees to pay CITY's court costs and attorney's fees. 25. ENTIRE AGEEMNT 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, premises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. 26. 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: Corporate Secretary APPROVED AS TO INSURANCE REQUIREMENTS: Insurar a 1ana. PERMITTEE: B A B-W Incorporated, a Florida for profit corporation By (Seal) Beverly A. Brown -Williams President 0 C��IERTMITI S-HOPPT1+C, CENTER 14N.W, It-(i 11vr-,)tkrI ■Iel�l'IWQ RANKIMO. i � -c :� .j. •r I w " er PARKIN4 t+r,-itiy 1 , ; 7 1 � Li r:�lATl�cl �'AR�Iy� . I B A B—W WSTAURAiJT 1 1 L.r.'m 41 777 r_- *,-?• PIC t, -SAL D_ESCR'.E'1'SOFi: '�. ,t �''"I�.jl�. •r �' `�'.,�_• 1 '�'4' Tr acts o� �7ktdS3AkK SUBDIVISION NO. 4 U.R. PRoinc,r *. W. 0 A. R-10 iS recorded in the land recardrs of Dade: 1 \ unty, Plo_ida in Plat Bonk 07 on Page 52 and a� •rtion of Tact 10, TOWNPARK SUBDIVISION 4. U.R. `a• EJECT FLA. R-10, according to the plat thereof .corded in Plat Book 87, at Page 52, of the .olic Rc-cords of 1)ado County, FIoridii, being cr ticular ly 1esct ib(-d aq followst �qin at the Southeast earner of said Tract 10, cence S870G91211W along the South boundary lint; said Tract 10 for 170.99 feed thence 13°21 ' CO'W !or 70.02' f rt; thence H87 49' 21 "P: for ;.97 feet' °henCtf NO3' "�1e0{!"H for 125.60 feet; lence N87f'43'38"b' jqr 120-00 feet tcs the East wgdary line off ,'the `oforvsol. f Tt att 10; thence) 13 I1'f1D'I a1r{:'t east boundary line cf act 1p f Or ft-Aktto'. `. the 11e3itlt . rof •ginning}, s EWBIT .1 1 � 3 ,1 rl"f 44 CORPORATE RESOLUTION WHEREAS, the CITY OF MIAMI has agreed to enter a Revocable Permit with B A B-W INCORPORATED, for the- operation of a restaurant at the Overtown Shopping Center; and WHEREAS, B A B-W INCORPORATED has agreed to accept this Revocable Permit; and WHEREAS, the Board of Directors of B A B-W INCORPORATED, has examined terms, conditions, and obligations of the attached Revocable Permit with the CITY OF MIALM1, for the operation of a restaurant at the Overtown Shopping Center; and WHEREAS, the Board of Directors of B A B-W INCORPORATED, 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 B A B-W INCORPORATED 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. B A B-W INC:ORPURATED Byc Chai man, Boar of -Directors Secretary CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of DATE : FILE The City Commission FEB 2 71990 SUBJECT : Resolution Authorizing Issuance of Revocable Permit for B A B-W FROM : REFERENCES: INCORPORATED Cesar H. Odio Overtown Shopping Cent. City Manager ENCLOSURES: _. RECOMMENDATION It is respectfully recommended that the City Commission adopt a resolution authorizing the issuance of a five-year Revocable Permit for the operation of a restaurant in the Overtown Shopping Center. BACKGROUND The General Services Administration Department, Property and Lease Management Division, in accordance with Resolution 87-248, has prepared a Revocable Permit to be issued to B A B-W INCORPORATED. The operators of B A B-W INCORPORATED are minority entrepreneurs who expressed interest in opening a restaurant featuring Caribbean and Southern foods and offering a beverage menu which includes beer and wine in the Overtown Shopping Center. B A B-W INCORPORATED has applied for use of space in the shopping center, located at 1490 Northwest 3rd Avenue, at a fee of $1,166.67 per month. The first monthly payment shall be due and payable on the first day of the seventh month after execution of the Revocable Permit. Subsequent monthly payments shall be due and payable on the first day of each calendar month thereafter throughout the life of the permit. It is recommended that this Revocable Permit be issued to B A B-W INCORPORATED to encourage other businesses to move to the area and to further demonstrate the City's commitment to take the necessary action to revitalize the Overtown Shopping Center. Attachments