HomeMy WebLinkAboutR-87-0439w
�-87-441
8/14/87
RESOLUTION NO. 87-439
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ISSUE A REVOCABLE USE PERMIT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO TROPICAL
CLEAR BLUE LAUNDRY SERVICES, INC. FOR THE USE
OF 1,216 SQUARE FEET OF SPACE IN THE OVERTOWN
SHOPPING CENTER LOCATED AT 1490 N.W.
3 AVENUE, MIAMI, FLORIDA, WHEREBY THE
PERMITTEE SHALL PAY A MINIMUM ANNUAL FEE OF
$5,000, PAYABLE IN MONTHLY INSTALLMENTS, PLUS
AN ADDITIONAL FIVE PERCENT (5%) OF GROSS
REVENUES IN EXCESS OF $4,000 PER MONTH IN
EXCHANGE FOR THE USE OF SAID PROPERTY.
WHEREAS, by Resolution No. 87-248 passed on March 13, 1987,
the City of Miami Commission reaffirmed its commitment to the
development of the Overtown Shopping Center; and
WHEREAS, a previous tenant in the Shopping Center has
abandoned the laundromat facility; and
WHEREAS, Tropical Clear Blue Laundry Services, Inc. has been
negotiating with the City to take over operations of the
abandoned facility; and
WHEREAS, the facility is available and the City of Miami is
willing to allow Tropical Clear Blue Laundry Services, Inc. to
juse the facility through a revocable use permit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
issue a Revocable Use Permit, in a form acceptable to the City
P
Attorney, to Tropical Clear Blue Laundry Services, Inc. for use
of 1,216 square feet of space in the Overtown Shopping Center
located at 1490 N.W. 3 Avenue, Miami, Florida, whereby the
CM COMMIS5IQN
mEETiNc or
MAY 14 1981
ESDLUTIOW No.
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permittee shall pay a minimum annual fee of $5,000, payable in
monthly installments, plus an additional five percent (5%) of
gross revenues in excess of $4,000 per monthy in exchange for the
use of said property.
PASSED AND ADOPTED this 14th day of _ May � , 1987.
XAVIER LT SUAF(EEZ , MAYOR
ATTEST:
NATTY HIRAI
CITY CLERK
PREP ED AND APPROVED BY:
ROBERT F. CLERK
CHIEF DEPUTY CITY ATTORNEY
i
j
APPROVED AS TO FORM END CORRECTNESS:
L IA A. DOUGHE TY
CITY ATTORNEY
RFC:bss:N450
22
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORA14DUM
TO` Honorable Mayor and DATE: MAY 0 6 1987 FILE:
Members of the City
Commission SUBJECT: Resolution Authorizing
Issuance of Revocable
Permit -- Overtown
FROM: REFERENCES: Shopping Center
Cesar H. Odio
City Manager ENCLOSURES:
RECOMMENDATION:
i
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 laundromat in the Overtown Shopping
Center.
1
BACKGROUND:
The General Services Administration Department was recently
assigned the responsibility for the Overtown Shopping Center and
is attempting to revitalize it, in accordance with Resolution 87-
248. Vacant facilities in the Shopping Center have been
particularly vulnerable to vandalism and theft and presented
security threats to existing tenants. Fart of the. effort
undertaken by General Services Administration is to rent vacant
store fronts in the Overtown Shopping Center.
The operators of Tropical Clear Blue Laundry Services, Inc., are
minority entrepreneurs wlio expressed interest in reopening a
vacated coin--laundromat in the Center. They have invested
$60,000 in equipment in this effort and are willing to make it a
viable concern. As a result, we have prepared a revocable permit
to facilitate the opening of this much needed service. The
anticipated revenue to the City will be $5,472 per year.
It is recommended that this revocable permit be issued to
Tropical Clear Blue Laundry Services, Inc. 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: Proposed Resolution
Proposed Revocable Permit
A2_1
87-439
M
REVOCABLE PERMIT
NO.
ISSUED BY THE
CITY OF MIAMI
TO
TROPICAL CLEAR BLUE LAUNDRY SERVICES, INC.
(HEREINAFTER "PERMITTEE")
FOR 1,216 SQ. FEET OF
PROPERTY LOCATED IN
OVERTOWN SHOPPING CENTER
1490 NW 3 AVENUE
MIAMI, FLORIDA
Issued this day of
, 1987
ATTEST: CITY OF MIAMI, a municipal
Corporation of the State of
Florida
City Clerk City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
8 7-43`1
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PAGE
1.
DESCRIPTION OF PREMISES
3
2.
TIME
3
3.
PURPOSE
3
3
4.
FEE
S.
LAWS APPLICABLE
4
6.
UTILITIES
4
7.
ASSIGNMENT OR TRANSFER
4
S.
CONDITION OF PREMISES
4
9.
ALTERATION BY PERMITTEE
4
10.
MAINTENANCE
5
11.
CITY'S RIGHT OF ENTRY
5
12.
RISK OF LOSS
6
13.
INDEMNIFICATION CLAUSE
6
14.
INSURA14CE
6
15.
PEACEFUL SURRENDER
6
16.
GENERAL CONDITIONS
8
17.
ADVERTISING
9
18.
NONDISCRIMINATION
9
19.
VIOLATIONS
9
20.
TAXES
10
21.
INTEREST CONFERRED BY PERMIT
10
22.
COURT COSTS AND ATTORNEY'S FEES
10
23.
ENTIRE AGREEMENT
10
24.
AMENDMENTS
10
EXHIBIT I
s7-43g, 3
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REVOCABLE PERMIT
1. DESCRIPTION OF PREMISES
The City of Miami, (hereinafter referred to as CITY), hereby
issues this Revocable Permit to Tropical Clear Blue Laundry
Services, Inc., 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 1,216 square feet of the Premises described in Exhibit 1
attached hereto and madle a part hereof.
2. TIME
This Revocable Permit shall be valid for a period of five
years, commencing on the 1 day of March 1987, and terminating
on the 1 day of March 1992, unless otherwise revoked as
provided below. This Revocable Permit may be, extended for
additional one year periods upon request of PERMITTEE, submitted
in writing at least one hundred twenty (120) days prior to the
termination date, upon the approval. of the City Manager or his
designee. This Revocable Permit or any extensions and renewals
thereof may, in addition to the termination which may result from
or under the provisions of Section 19 hereof, also be terminated
by the City Manager, with or without cause, by delivery of a
written notice of revocation three hundred sixty five (365) days
prior to revocation.
3. PURPOSE
The Premises shall be used by the PERMITTEE to operate a
coin laundry and laundromat facility.
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 fee in the
amount of five thousand four hundred seventy two dollars
($5,472.00), payable in equal monthly rental installments of four
hundred fifty six dollars ($456.00) for each and every month of
the term of this revocable permit, without any offset or
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deduction whatsoever, in lawful -(legal tender for public or
private debts) money of the United States of America at the
Management Office of Shopping Center, or elsewhere as designated
from time to time by CITY's notice in writing to PERMITTEE. The
first installment shall be due and payable on the 1st day of
April, 1987. A subsequent monthly rental installment shall be
due and payable on the 1st day of each calendar month thereafter
throughout the life of this revocable permit. If the term of
this revocable permit commences on any day of a month excepting
the lst, PERMITTEE shall pay CITY rental as provided herein for
such commencement month on a pro rata basis, and the first
month's rent paid by PERMITTEE, if any, upon the execution of
this revocable permit shall apply and be credited to the next
full month's rent due hereunder.
5. LAWS APPLICABLE
PERMITTEE accepts this Revocable 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.
6. 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.
7. 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 Revocable Permit.
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CONDITION OF PREMISES
PERMITTEE hereby accepts the Premises in its present
I
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.
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9. ALTERATIONS BY PERMITTEE
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 designee, 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 Revocable Permit
and any extensions or renowals 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 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 repairs within ten (10) days of receipt of
an invoice indicating the cost of such required repairs. Failure
to pay such invoice shall be sufficient cause to revoke the
Revocable Permit as provided in Section 19 below.
Notwithstanding the above, CITY reserves the right to revoke this
s7-4:;9
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Revocable Permit for PERMITTEE's failure to repair the Premises
as directed without the necessity of CITY repairing the Premises.
10. 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 Revocable 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 said
Premises 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 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 all claims and suits growing out
of any such loss, injury or damage.
13. INDEMNIFICATION CLAUSE
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 Revocable 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
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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, attorneys 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
Revocable 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 liability and property damage liability.
City shall be a primary additional named insured on the
policy or policies of insurance.
B. 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.
C. The policy or policies of insurance required shall be
so written that the policy or policies may not be
cancelled or materially changed without sixty (60) days
i
advance written notice to the City of Miami being
delivered to the Risk Management Division, Finance
Department, 65 SW First Street, Miami, Florida 33130.
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
87-439 �`
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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., 75 Fulton Street, New
York, New York. Furthermore, there shall be no exclusions in the
insurance policies which would override.
15. PEACEFUL SURRENDER
At the expiration of the Revocable 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
Manager, pursuant to the provisions of Section 19 hereof, or as
provided in Section 2 or as may otherwise be directed by CITY.
16. GENERAL CONDITIONS
All notices or other communications which shall or may be
given pursuant to this Revocable 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
I receipt, whichever is earlier.
i
CITY OF MIAMI PERMITTEE
City Manager Tropical Clear Blue
Attn: Property & Lease Mgmt. Laundry Services, Inc.
City of Miami Attn: Robert Williams
P. 0. Box 330708 3209 Onyx Road
Miami, Florida 33233-0708 Miramar, Florida 33025
B. Title and paragraph headings are for convenient reference
and are not a part of this Revocable Permit.
C. In the event of conflict between the terms of this Revocable
Permit and any terms or conditions contained in any attached
documents, the terms in this Revocable Permit shall rule.
-s- 8 7--439 9
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D. No waiver or breach of any provision of this Revocable
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.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Revocable 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 Revocable Permit shall remain unmodified and
in full force and effect.
17. ADVERTISING
PEU11TTEE 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 Revocable 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 Premises
and the improvements thereon.
19. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this Revocable 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 Revocable Permit shall be revoked
automatically without the need for other or further action by
CITY.
9 87-439 /a
20, TAXES
During the period of this Revocable Permit, PERMITTEE shall
pay any and all taxes of whatever nature lawfully levied upon or
assessed against the Premises.
21. INTEREST CONFERRED BY PERMIT
The provisions of this Revocable 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.
22. COURT COSTS AND ATTORNEYS FEES
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this Revocable
Permit, PERMITTEE agrees to pay CITY's court costs and attorney's
fees.
23. 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 Agreement are of
no force or effect.
24. AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
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
1987.
ATTEST: PERMITTEE:
Tropical Clear Blue Laundry
Services, Inc., a Florida for
profit corporation
By (Seal)
Corporate Secretary President
APPROVED AS TO
INSURANCE REQUIREMENTS:
Insurance Manager
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APPENDIX B
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EXHIBIT 1
LEGAL DESCRIPTION
Overtown Shopping Center
1490 NW 3 Avenue
Tract 9 of TOWNPARK SUBDIVISION NO. 4 O.R.
PROJECT FLA. R--10 as recorded in the land
records of Dade County, Florida in Plat Book
87 on Page 52.
A portion of Tract 10, TOWNPARK SUBDIVISION
4, U.R. PROJECT FLA. R-10, according to the
plat thereof recorded in Plat Book 87, at
Page 52, of the Public Records of Dade
County, Florida, being particularly described
as follows:
Begin at the Sou&heast corner of said Tract
10; thence S87 49'21"W along the South
boundary line of said Tract 10 for 170.98
feet; theme NO3o2I'00"11 for 70.02 feet;
thence N87 49'21"E far 50.97 feet; thence
NO3v21'OO"ld for 125.60 feet; thence
N87043118"E for 120.00 feet to the East
boundary line of the aforesaid Tract 10;
thence S03021`OO"E along the said East
boundary line of Tract 10 for 195.83 feet to
the Point of Beginning.
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CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI has agreed to enter into a Revocable
Permit with TROPICAL CLEAR BLUE LAUNDRY SERVICES, INC., for the
operation of a laundromat at the Overtown Shopping Center; and
WHEREAS, TROPICAL CLEAR BLUE LAUNDRY SERVICES, INC., has agreed
to accept this Revocable Permit; and
WHEREAS, the Board of Directors of TROPICAL CLEAR BLUE LAUNDRY
SERVICES, INC., has examined terms, conditions, and obligations of
the attached Revocable Permit with the CITY OF MIAMI, for the
operation of a laundromat at the Overtown Shopping Center; and
WHEREAS, the Board of Directors of TROPICAL CLEAR BLUE LAUNDRY
SERVICES, 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
TROPICAL CLEAR BLUE LAUNDRY SERVICES, 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 ,
1987.
SECRETARY
CHAIRMAN, Board of Directors
TROPICAL CLEAR BLUE LAUNDRY
SERVICES, INC.
8 7-43
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