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HomeMy WebLinkAboutSEOPW CRA 2024-07-25 Agenda PacketCity of Miami 819 NW 2nd Ave 3rd Floor Miami, FL 33136 http://miamicra.com Meeting Agenda Thursday, July 25, 2024 10:00 AM City Hall 3500 Pan American Drive Miami, FL 33133 SEOPW Community Redevelopment Agency Christine King, Chair, District Five Miguel Angel Gabela, Board Member, District One Damian Pardo, Board Member, District Two Joe Carollo, Board Member, District Three Manolo Reyes, Board Member, District Four SEOPW CRA OFFICE ADDRESS: 819 NW 2ND AVENUE, 3RD FLOOR MIAMI, FL 33136 Phone: (305) 679-6800 I Fax (305) 679-6835 www.miamicra.com Southeast Overtown/Park West CRA Meeting Agenda July 25, 2024 CALL TO ORDER CRA PUBLIC COMMENTS MINUTES APPROVAL CRA RESOLUTION 1. CRA RESOLUTION 16396 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA, AND WAIVING SAID PROCEDURES; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISPERSE GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED NINETY-SEVEN THOUSAND THREE HUNDRED TWENTY DOLLARS AND NINETY-FIVE CENTS ($897,320.95) ("FUNDS") AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING TO J.E.J. PROPERTIES, INC., A FLORIDA PROFIT CORPORATION ("JEJ"), FOR THE RENOVATION AND REHABILITATION OF THE DUNNS- JOSEPHINE HOTEL LOCATED AT 1028 N.W. 3RD AVENUE, MIAMI, FLORIDA 33136 ("PURPOSE"); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO STAFF COUNSEL, FOR THE PURPOSE STATED HEREIN; PROVIDING FOR INCORPORATION OF RECITALS, AND PROVIDING FOR AN EFFECTIVE DATE. File # 16396 - Backup File # 16396 - Bid Waiver Memo File # 16396 - Notice to the Public City ofMianzi Page 2 Printed on 7/18/2024 Southeast Overtown/Park West CRA Meeting Agenda July 25, 2024 2. CRA RESOLUTION 16397 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA, AND WAIVING SAID PROCEDURES; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISPERSE GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($125,000.00) ("FUNDS") AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING TO ABUNDANT LIVING HEALTH & WELLNESS RESULTING SERVICES, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("ABUNDANT LIVING"), WHICH PROVIDES MENTAL HEALTH EDUCATION, SUPPORT AND INTERVENTION SERVICES, TO ASSIST WITH THE G.R.A.C.E. MENTAL HEALTH & WELLNESS INITIATIVE ("PROGRAM") TO BE HELD AT 1550 N.W. 3RD AVENUE, BUILDING C, MIAMI, FLORIDA 33136 ("PURPOSE"); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO STAFF COUNSEL, FOR THE PURPOSE STATED HEREIN; PROVIDING FOR INCORPORATION OF RECITALS, AND PROVIDING FOR AN EFFECTIVE DATE. File # - 16397 Backup File # 16397 - Bid Waiver Memo File # 16397 - Notice to the Public City ofMianzi Page 3 Printed on 7/18/2024 Southeast Overtown/Park West CRA Meeting Agenda July 25, 2024 3. CRA RESOLUTION 16398 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A COMMERCIAL LEASE AGREEMENT ("LEASE"), SUBSTANTIALLY IN THE FORM ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," WITH THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("BAF") FOR THE SEOPW CRA'S OFFICE SPACE LOCATED AT THE BLACK ARCHIVES HISTORIC LYRIC THEATER, 819 N.W. 2ND AVENUE, MIAMI, FLORIDA 33136 ("PROPERTY"), FOR A TERM OF THREE (3) YEARS, IN A FORM ACCEPTABLE TO STAFF COUNSEL, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, AT A TOTAL MONTHLY RENT OF NINETEEN THOUSAND FOUR HUNDRED SIXTY DOLLARS AND ZERO CENTS ($19,460.00) ("MONTHLY RENT"), OR AN AMOUNT OF TWO HUNDRED THIRTY-THREE THOUSAND FIVE HUNDRED TWENTY DOLLARS AND ZERO CENTS ($233,520.00) ANNUALLY, WITH A THREE PERCENT (3%) ANNUAL INCREASE AFTER THE FIRST LEASE YEAR, PROVIDING FOR INCORPORATION OF RECITALS, AND PROVIDING FOR AN EFFECTIVE DATE. File # 16398 - Exhibit A File # 16398 - Exhibit B ADJOURNMENT City ofMianzi Page 4 Printed on 7/18/2024 4.1 SEOPW Board of Commissioners Meeting July 25, 2024 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King and Members of the CRA Board From: James McQueen Executive Director Date: July 18, 2024 File: 16396 Subject: 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns- Josephine Hotel. Enclosures: File # 16396 - File # 16396 - Memo File # 16396 - Public Backup Bid Waiver Notice to the BACKGROUND: A Resolution of the Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, approving, and confirming the executive director's recommendation and finding that competitive negotiation methods and procedures are not practicable or advantageous, pursuant to Sections 18-85 and 18-86 of the code of the City of Miami, Florida, to support J.E.J. Properties, Inc., a Florida for -profit corporation ("JEJ"), for the renovation and rehabilitation of the Dunns-Josephine Hotel, located at 1028 N.W. 3' Avenue, Miami, Florida 33136 ("Purpose"), and waiving the requirements for competitive sealed bidding as not being practicable or advantageous to the SEOPW CRA; further authorizing funding in an amount not to exceed Eight Hundred Ninety -Seven Thousand Three Hundred Twenty Dollars and Ninety -Five Cents ($897,320.95) ("Funds"). It is recommended that the Board of the SEOPW CRA approve and adopt the attached Resolution, authorizing the allocation of the Funds to JEJ for the Purpose stated herein. The Dunns-Josephine Hotel ("Hotel") has been providing quality service to their guests since 2019, while employing current Overtown residents. The Hotel, originally built in 1938, needs significant improvements and repairs to address structural concerns, mold abatement, sinking floors, rotting wood and termites, as well as water intrusion issues. The building is placed in a prominent area of the business corridor of N.W. 3' Avenue within the heart of the up and coming Culture and Entertainment District. It is recommended that an older building such as this be preserved and improved. JUSTIFICATION: Packet Pg. 5 4.1 Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means "undertakings, activities, or projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight...." Section 2, Goal 1 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Plan Update (the "Plan") lists the "preserv[ation] of historic buildings and community heritage," as a stated redevelopment goal. Section 2, Principle 8, of the Plan provides that "[o]lder buildings that embody the area's cultural past should be restored. Section 2, Goal 4 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Plan Update (the "Plan") lists the "creati[on of] jobs within the community" as a stated redevelopment goal. Section 2, Principle 6, of the Plan provides that to "address and improve the neighborhood economy and expand the economic opportunities of present and future residents ..." as a stated redevelopment principle. JEJ has sought funds from the SEOPW CRA to assist with renovations and rehabilitation to the Hotel. The Board finds that the objectives of the Plan would be furthered by the provisions of improvements to the Hotel in the form of the Funds provided herein, and approval of this Resolution carries out the objectives of the Plan —to eliminate slum and blight. FUNDING: $897,320.95 from Other Grants and Aids - Account No. 10050.920101.883000.0000.00000. FACT SHEET: Company name: J.E.J. Properties, Inc. Address: 1028 N.W. 3' Avenue, Unit 104, Miami, Florida, 33136. Funding request: $897,320.95. Scope of work or services (Summary): Improvements and repairs to fix courtyard draining, windowsill caulking and stucco repair, exterior door replacement, open stairway area drywall removal and replace with moisture resistance durock, wire lathe and stucco, to meet Florida building codes and regulations at the Dunns-Josephine Hotel. Page 2 of 6 Packet Pg. 6 4.1 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: July 25, 2024 CRA Section: Brief description of CRA Agenda Item: Authorizing a grant to JEJ Properties Inc. in an amount not to exceed $897,320.95. Project Number YES, there Account Code: (if applicable): are sufficient funds in Line Item: 10050.920101.883000.0000.00000 Amount: $ 8 9 7, 3 2 0.9 5 NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minot Object From $ To $ From $ To $ Comments: Approved by: Executive Director 7/18/2024 Approval: j Miguel A Valcriti 7 i ?riance O ce IL ' 9 l 7/18/2024 Page 3 of 6 Packet Pg. 7 4.1 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 16396 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA, AND WAIVING SAID PROCEDURES; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISPERSE GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED NINETY-SEVEN THOUSAND THREE HUNDRED TWENTY DOLLARS AND NINETY-FIVE CENTS ($897,320.95) ("FUNDS") AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING TO J.E.J. PROPERTIES, INC., A FLORIDA PROFIT CORPORATION ("JEJ"), FOR THE RENOVATION AND REHABILITATION OF THE DUNNS-JOSEPHINE HOTEL LOCATED AT 1028 N.W. 3RD AVENUE, MIAMI, FLORIDA 33136 ("PURPOSE"); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO STAFF COUNSEL, FOR THE PURPOSE STATED HEREIN; PROVIDING FOR INCORPORATION OF RECITALS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area ("Redevelopment Area") in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Plan"); and WHEREAS, Section 2, Goal 1, of the Plan lists the "preserv[ation] of historic buildings and community heritage," as a stated redevelopment goal; and WHEREAS, Section 2, Principle 8, of the Plan provides that "[o]lder buildings that embody the area's cultural past should be restored;" and WHEREAS, Section 2, Goal 4, of the Plan lists the "creat[ion of] jobs within the community" as stated redevelopment goals; and Page 4 of 6 Packet Pg. 8 4.1 WHEREAS, Section 2, Principle 6, of the Plan provides to "address and improve the neighbor- hood economy and expand the economic opportunities of present and future residents and businesses," as stated redevelopment principles; and WHEREAS, J.E.J. Properties, Inc., a Florida profit corporation ("JEJ"), is requesting Eight Hundred Ninety -Seven Thousand Three Hundred Twenty Dollars and Ninety -Five Cents ($897,320.95) ("Funds") to support the renovation and rehabilitation of the Dunns-Josephine Hotel ("Purpose"), built in 1938 and located at 1028 N.W. 3d Avenue, Miami, Florida, 33136; and WHEREAS, the Dunns-Josephine Hotel ("Hotel") has been providing quality service to guests since 2019 while employing current Overtown residents; and WHEREAS, the Hotel needs significant improvements and repairs to address structural concerns, mold abatement, water intrusion issues, rotting wood and termites, and sinking floors; and WHEREAS, the Hotel could benefit tremendously from renovations to include new roofing, replacement of existing A/C systems, impact resistant windows and doors, and new interior and exterior paint; and WHEREAS, the Board of Commissioners wishes to authorize funding in an amount not to exceed Eight Hundred Ninety -Seven Thousand Three Hundred Twenty Dollars And Ninety -Five Cents ($897,320.95) ("Funds") for the Purpose stated herein; and WHEREAS, the Board of Commissioners finds that adopting this Resolution would further the redevelopment goals and objectives of the SEOPW CRA; and WHEREAS, based on the recommendation and findings of the Executive Director, it is in the SEOPW CRA's best interest for the Board of Commissioners to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures, pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, to allocate said Funds, subject to availability, and authorize the Executive Director to negotiate and execute any and all documents necessary, all in forms acceptable to Staff Counsel, with JEJ for the Purpose stated herein; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Sections 18-85 and 18-86 of the City Code, as adopted by the SEOPW CRA, by a four -fifths (4/5th) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings that competitive negotiation methods and procedures are not practicable or advantageous to the SEOPW CRA, to allocate the Funds to JEJ for the renovation and rehabilitation of the Dunns-Josephine Hotel located at 1028 N.W. 3rd Avenue, Miami, Florida 33136 for the Purpose stated herein, and waiving the requirements for said procedures is hereby ratified, approved, and confirmed. Page 5 of 6 Packet Pg. 9 4.1 Section 3. The Executive Director is hereby authorized' to disperse the Funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation from Other Grants and Aids - Account No. 10050.920101.883000.0000.00000. Section 4. The Executive Director is authorized' to negotiate and execute an agreement, including any and all necessary documents, all in forms acceptable to Staff Counsel, for said purpose. Section 5. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need for public hearing, by filing a corrected copy of same with the City of Miami City Clerk. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: V" o u n se l 7/18/2024 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. Page 6 of 6 Packet Pg. 10 4.1.a Shirlene Ingraham JEJ Properties 950 NW 3rd Av Miami FI 33136 jacksonsoulfoodcatering@gmail.com June 3rd, 2024 Kristin Kitchen Chief Operating Officer Dunns-Josephine Inc. 1028 NW 3rd Ave Miami FI 33136 Kristin @sixacresbb.com Southeast Overtown/ Park West Community Redevelopment Agency (SEOPW CRA) 819 NW 2nd Ave, Miami, FL 33136 Subject: Hotel Renovation Funding Proposal Dear Mr. Queen, am writing to formally submit this funding proposal for the renovation of The Dunns Josephine Hotel, located at 1028 NW 3 Ave Miami, Florida 33136. As Owner of the property and in collaboration with Kristin Kitchen, CEO of The Dunns Josephine Incorporated, I am requesting grant funding in the amount of $897,320.95 The Dunns Josephine Hotel has been providing quality service to our guests since 2019 and we believe that the proposed renovations are strategically planned to address key areas that are hindering us from providing to the maximum guest satisfaction and operational excellence. During the Pandemic the Dunns-Josephine served and a quarantine and isolation shelter for the county. We were proud to serve our community in their time of need as well as continue to provide jobs to residents of Overtown during this time. This Stylish Black -owned Boutique Hotel in Miami Is Sheltering The Homeless During Pandemic -Travel Noire Overtown hotel changes the narrative I Lifestyles I miamitimesonline.com Currently, 80% of the employees at the Dunns-Josephine are current residents of Overtown and we are committed to ensuring we maintain our numbers. Since its reopening, the Dunns Josephine Hotel has served as more than just a place for travelers to lay their heads; it has become a cornerstone of local pride and vitality. By showcasing the unique charm and heritage of Overtown, we have drawn visitors from far and wide, eager to immerse themselves in its history. Our goal is to continue serve our community by being a hub to bring travelers into Overtown. Our local restaurant owners can all speak increased revenues due to our commitment to exclusively referring Overtown eateries! The Dunns Josephine Hotel stands as a testament to the transformative power of collaboration and dedication. As we reflect on the past five years, we are filled with gratitude for the opportunity to contribute to the vibrancy and resilience of both Miami -Dade County and the historic Overtown community. With every passing day, we remain steadfast in our commitment to continue serving as a beacon of hospitality and culture. Grant Request The Dunns Josephine Hotel is facing a tremendous amount of existing structural issue that are preventing us from being the best we can be. As a new business, due to the financial constraints, we cannot afford to 1 Attachment: File # 16396 - Backup (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) Packet Pg. 11 4.1.a rectify issues independently. These unresolved issues have significantly impacted on the guest experience, hindering the hotel's ability to provide the level of service expected or needed to market to new audiences. Our partnerships with the GMCVB and MBHA are wonderful, but we know our product is not up to a standard that they need to comfortably recommend us on a regular basis. We have to change that. Our service is top notched but the structure itself needs a tremendous amount of work to truly be great. All the components of a true heritage tourism destination are there, we just need an opportunity to shine. By addressing these renovations, the hotel aims to enhance the overall guest experience and ensure that all aspects of the property meet the necessary standards for comfort, safety, and quality. Goals: 1. Increase Revenue: By improving the guest experience and offering first-class amenities, the hotel can attract more travelers to our community to benefit our local retail shops and restaurants. 2. Improved Guest Satisfaction Scores: Addressing issues such as water Teaks, mold, termite infested rooms, rotting door frames and pooling water in all courtyard areas, we will enhance the overall guest experience, leading to higher satisfaction scores and positive reviews. 3. Enhanced Brand Perception: A renovated and well -maintained hotel reflects positively on the brand, signaling a commitment to quality and guest comfort. This, in turn, can attract more discerning travelers and bolster the hotel's reputation within the hospitality industry. 4. Competing with Boutique Hotels in Miami -Dade County: By offering a boutique hotel experience with modern amenities in a historic setting, the Dunns Josephine Hotel can effectively compete with similar establishments in Miami -Dade County, attracting guests who value unique and memorable stays. 5. Contributing to the Entertainment District: Positioned as a hub within the designated entertainment district of historic Overtown Neighborhood, the renovated hotel can play a vital role in attracting visitors to the area. We are confident that the proposed renovations will position The Dunns Josephine Hotel as a premier destination, ensuring continued success and growth. We welcome the opportunity to discuss this request further and provide any additional information required. Thank you for considering our funding request. Sincerely, Shirlene Ingraham---e.----- Owner Email Address Jacksonsoulfoodcatering@gmail.com **** Please include Kristin Kitchen at Kristin@sixacresb.com in our correspondences as well. **" *******SEE ATTACHED BUDGET********** 2 Attachment: File # 16396 - Backup (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) Packet Pg. 12 4.1.a BUDGET SUMMARY Renovation & Repairs Courtyard & Open Deck Drainage Windowsill Caulking and Stucco Repair Exterior Door Replacement Open Stairway Drywall Removal & Replacement Interior Drywall & Miscellaneous Repairs Re -Roofing (2 Buildings) Mechanical, Electrical, and Plumbing (15 Rooms) Lobby/Reception office Repairs. Energy & Hurricane Mitigation Replace all HVAC with split unit systems Replace windows with Hurricane impact windows Replace all ceiling fans to energy efficient fans New over the door structural wood eyebrows Exterior Painting (outside & inside) Lobby floor & ceiling improvements Miscellaneous Repairs (Laundry room) Hotel rooms access control lock system Replace all closet doors Emergency Repairs Sinking Hotel rooms Renovation Balcony Railings & Miscellaneous Repair Foundation treatment $356,720.50 $403.600.45 $35,000.00 Additional Scope of Work $57,000.00 Open Stairway Rubble Walling (Dry stack stonework) Attachment: File # 16396 - Backup (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) 1 Packet Pg. 13 4.1.a Interior room Repairs — (15 Rooms) Bathroom Repairs Wall, Floor, and Ceiling Insulation Mold treatment/Abatement Termite treatment/tenting SUBTOTAL Soft Cost Permit Fees & Architectural/Engineering Fees GRANT TOTAL $852,320.95 $45,000.00 $897,320.95 Attachment: File # 16396 - Backup (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) 2 Packet Pg. 14 4.1.a BOFAM CONSTRUCTION COMPANY, INC General Contractors, Estimators & Roofing Contractors CGC 062660 & CCC 1329221 (Certified DBE, CSBE, SECTION 3) TEL: (754) 245-0102 FAX: (305) 675-9269 AUSTIN@BOFAMINC.COM Date: June 14`i' 2024 Proposal: # B23-040 To: Metris Batts Dunn & Josephin Hotel Manager, 1028 NW 3rd Avenue Miami, FL 33136 Tel: 305-785-4309 Email: mbatts@dunns-josephinehotel.com Attention: Ms. Batts, We appreciate the opportunity to submit a proposal on your firm's project. If you have any questions, please do not hesitate to contact me at (754) 245 — 0102. Respectfully, Austin Akinrin 1600 N.W 3RD AVENUE, BLDG. D4 MIAMI, FL 33136 Project: Dunn & Josephine — Renovation & Repairs Location: 1028 NW 3rd Avenue, Miami, FL 33136 Scope of Work: RENOVATION: Furnish all materials, labor, services, supervision, equipment, and tools required for renovation and repairs to include but not limited to complete renovation and improvement proper courtyard drainage, windowsill caulking and stucco repair, exterior door replacement, open stairway area drywall removal and replace with moisture resistance durock, wire lathe and stucco, to meet Florida building codes and regulations. (See exhibit A). Base Price Dunn & Josephine Renovation & Repairs $852,320.95 Specific Exclusions: Permit fees, Architectural/Engineering plans, & AHJ fees (If required) Payment: Owner agrees to pay Contractor (BCC, Inc.) initial mobilization payment of 50% for Engineering, submittals, materials, and equipment required for the works. 30% Upon materials delivery, 10% in -progress inspection and 10% payment of remaining balance upon approved final inspection from the City/County inspector. This proposal may be withdrawn and/or revised in 30 days. If not accepted the undersigned owner accepts the above job at the price quoted and agrees to pay for said work as it progresses or as per the agreed payment schedule specified herein. In the event of legal dispute, if any sums due are collected by suit or demand of an attorney or collection agency then the defaulting party shall pay all costs, including reasonable attorney's fees. Sincerely, Austin Akinrin, President. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and accepted. You are authorized to do the work as Specified and payments will be made as described above. Date of Acceptance; / 2024 Signature: Page 1 of 1 Attachment: File # 16396 - Backup (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) Packet Pg. 15 4.1.a Exhibit A: Description of the Work — Dunn & Josephine Renovation & Repairs THE WORK All Work is to be performed on the buildings located at 1028 NW 3rd Avenue, Miami, FL 33136 The Contractor will furnish all the labor, material, and equipment necessary to complete the Renovation, repair and improvements described below. Courtyard & Open Deck Drainage • Locate existing courtyard drainage. • Repair all existing cracks on concrete slab. • Hack and clean second (2nd) floor concrete deck • Prepare and apply leveling concrete fill to slope towards new gutter. • Light broom finishes new overlay concrete. • Supply and install new collectors, gutters, and downspout around concrete deck. Windowsill Caulking and Stucco Repair • Remove existing windowsill stucco. • Open all existing weep holes. • Chip back stucco to expose sealants. • Remove and replace with new silicone sealant. • Pressure wash cracked wall areas and prepared surface for stuccoing. • Apply silicone waterproofing around all exterior window and door openings. Exterior Door Replacement • Remove all existing exterior doors. • Supply and install new impact resistance metal door per FBC. • Supply and install self -closer hinges and lever handle exterior lockset. • Repair damaged and or affected stucco work and paint to match. Open Stairway Drywall Removal & Replacement • Remove all existing stairway drywall. • Supply and install new mold resistance duroc. • Install wire lath and apply 3/4" thick stucco smooth finish. • Prepare, prime and paint one (1) coat primer and two (2) coats Sherwin Williams (Low VOC) exterior paint to be selected by Owner. • Secure work area during construction. Interior Drywall & Miscellaneous Repairs • Remove all mold infested drywall at the laundry room and other locations. • Prepare and install new drywall, tape, compound, and finish to match. • Repair all damaged or broken doors in the units. • Prepare, prime and paint new works to match existing. Attachment: File # 16396 - Backup (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) 1 Packet Pg. 16 4.1.a Re -Roofing (2 Buildings) • Provides permits, labor, and materials to replace existing roofs. • Remove existing roofs to wood decks, including parapet wall. • Supply and install new Membrane and Asphalt shingles (Color selection by Owners) • Replace new vent stacks, flashings, and edge drip. • Install with UL label on package and MDC Product Control Division as per manufacturer's specs and county codes. Mechanical, Electrical, and Plumbing (15 Rooms) • Replace four (4) damaged/broken window split units (others as recommended) • Repair all damaged areas and surfaces affected. • Troubleshooting causes electrical light to fluctuate and flicker. • Recommend and repair electrical findings. • Upgrade electrical main panel if required (450Amps — 600Amps) • Troubleshooting plumbing piping system to determine causes of leaks. • Recommend and repair plumbing findings. Lobby/Reception office Repairs • Remove all water damaged reception ceiling. • Remove diligently all lighting and fixtures. • Replace damaged ceiling drywall, tape compound and finish. • Replace all lighting and fixtures in its original location. • Replace/ reconstruct existing floor boxout to have a better finish. • Troubleshooting plumbing piping system to determine causes of leaks. • Re -surface the entire floor area with epoxy floor finish. Emergency Repairs Sinking Hotel rooms Renovation • Remove existing floor tiles and plywood base floor. • Locate damaged/ rotted floor beams and or joists. • Replace damaged beams and level the floor. • Install new Min. 3/" thick plywood deck. • Supply and install new ceramic floor tiles to match existing. • Troubleshooting plumbing piping system to determine causes of leaks. Balcony Railings & Miscellaneous Repair • Remove existing balcony handrail in sections. • Remove post grouts and repair any rusted metal pickets and posts. • Reinstall railings and stabilize, if possible, attach additional post stiffeners • Repair and or replace damaged water heater and plumbing works in one of the hotel rooms. • Crack in foundation was observed by hotel employee, Contact Engineer for further investigation. Miscellaneous Additional Scope of Work 2 Attachment: File # 16396 - Backup (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) Packet Pg. 17 4.1.a Open Stairway Rubble Walling (Dry stack stonework) • Scratch coat stucco wall ready to receive stonewall. • Supply and install patterned stonewall. • Finish and tool joint rubble wall in a decorative pattern. Interior room Repairs — (15 Rooms) • Cut open all existing drywall window sills. • Supply and install new marble window sills, fully caulked • Lower the sills to allow the window crank opener to function properly. Interior room Repairs - Bathrooms • Replace and or repair all bathroom pocket doors with barnyard railings. • Cut walls and install wood backings to hold bathroom fixtures. • Replace and or repair bathroom fixtures (towel rack, grab bars, etc.) Wall, Floor, and Ceiling Insulation • Conduct pilot checks on surfaces to access the present of insulation materials. • Recommend findings and how to address if required. Mold treatment/Abatement • Mold was determined to be present in some rooms. • Recommend mold survey in all the rooms and on the property. • Bofam will treat and abate mold found in all the rooms and on the property. Termite treatment/tenting • Termite was determined to be present in some rooms. • Recommend termite survey in all the rooms and on the property. • Bofam will treat and abate termites found in all the rooms and on the property. Energy & Hurricane Mitigation HVAC Replacement (15 Rooms) • Remove existing PTAC system. • Supply wall split unit AC system • Install new split system to code. • Repair and patch existing wall to match. Hurricane Impact Windows (15 Rooms) • Remove existing rolling windows • Supply hurricane impact windows • Install new egress windows at all openings. • Repair and patch wall around openings for inspection. Attachment: File # 16396 - Backup (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) 3 Packet Pg. 18 4.1.a Replace Interior Ceiling Fans (15 Rooms) • Remove existing ceiling fans. • Supply new energy saving fans. • Install new ceiling fans to code. • Repair and patch ceiling to match. Replace existing Door eyebrows (15 Rooms) • Remove existing damaged door eyebrows • Install new structural PT wood eyebrow approx. 12" depth • Install roof membrane for weatherproofing and flashing. • Install decorative awning to match. Painting (Inside and Outside) • Stucco and repair all damaged walls and cracked surfaces. • Pressure clean entire exterior wall surfaces free of dust and debris. • Caulk and waterproof around all windows, and doors openings. • Prepare and paint one (1) coat primer paint on wall surfaces. • Apply and paint two (2) coats Sherwin Williams (Low VOC) exterior paint to be selected by Owner. • Prepare, prime and paint exterior metal railings, grilles, with Sherwin Williams oil -based paint. Miscellaneous Repairs • Lobby floor & laundry room wall repairs. • Install hotel room access control lock system. • Supply and install new closet doors in all rooms. Exclusions: 1. Permit fees and AHJ fees. END OF SECTION Attachment: File # 16396 - Backup (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) 4 Packet Pg. 19 4.1.b SEOPW Board of Commissioners Meeting July 25, 2024 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 4/5ths RECOMMENDATION INTER -OFFICE MEMORANDUM To: Board Chair Christine King and Members of the SEOPW CRA Board Date: July 25, 2024 File: Subject: Recommendations and findings to waive competitive sealed bidding and negotiation methods pursuant to City Code 18-85 and 18-86 for J.E.J. Properties, Inc. From: James McQueen Enclosures: Executive Director BACKGROUND: The Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Updated SEOPW CRA Redevelopment Plan ("Plan"). J.E.J. Properties, Inc., a Florida for -profit corporation ("JEJ"), requested assistance for the renovation and rehabilitation of the Dunns-Josephine Hotel, located at 1028 N.W. 3`a Avenue, Miami, Florida 33136. The SEOPW CRA desires to provide funding in an amount not to exceed Eight Hundred Ninety -Seven Thousand Three Hundred Twenty Dollars and Ninety -Five Cents ($897,320.95). The Dunns-Josephine Hotel ("Hotel") has provided quality service to their guests since 2019, while employing current Overtown residents. The Hotel, originally built in 1938, needs significant improvements and repairs to address structural concerns, mold abatement, sinking floors, rotting wood and termites, as well as water intrusion issues. The building is placed in a prominent area of the business corridor of N.W. 3" Avenue within the heart of the up and coming Culture and Entertainment District. It is recommended that an older building such as this be preserved and improved. The Executive Director has reviewed and vetted JEJ's request, in accordance with the objectives of the Plan. RECOMMENDATION: In light of the above -stated, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable or advantageous to the Southeast Overtown/Park West Community Redevelopment Agency as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 and 18-86 and the affirmation of these written findings and the forwarding the same to the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency by a four -fifths vote is respectfully requested. APPROVED :7akwes Mc rzeen James AlcQ[een (Jul 18. 2D2414)11 EDT) James McQueen, Executive Director Attachment: File # 16396 - Bid Waiver Memo (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) Packet Pg. 20 Southeast Overtown/Park West Community Redevelopment Agency NOTICE OF PUBLIC HEARING The Board of Commissioners ("Board") of the Southeast Overtown/ Park West Community Redevelopment Agency ("SEOPW CRA") will hold a Public Hearing on Thursday, July 25th, 2024, at 10:00 a.m. or anytime thereafter in the City Commission chambers located at Miami City Hall, 3500 Pan American Drive, Miami, FL 33133. The Board will consider the award of grant funds to J.E.J. Properties, Inc., a Florida profit corporation to underwrite costs associated with the renovation and rehabilitation of The Dunns-Josephine Hotel located within the SEOPW CRA area at 1028 N.W. 3rd Avenue, Miami, Florida 33136. In accordance with the SEOPW CRA 2018 Redevelopment Plan ("Plan") and Florida Statutes 163, the Board will consider funding an amount not to exceed Eight Hundred Ninety -Seven Thousand Three Hundred Twenty Dollars and Ninety -Five Cents ($897,320.95) to support renovations and repairs at Dunns-Josephine Hotel. This funding is critical in the rehabilitation of the historic property and is envisioned to eliminate slum and blight and consistent with the Plan. All comments and questions with respect to the meeting and public participation should be addressed to James McQueen, Executive Director, or Vincent T. Brown, Esq., Deputy Director and Staff Counsel, at 819 N.W. 2nd Avenue, 3rd Floor, Miami, Florida 33136 or (305) 679-6800. This action is being considered pursuant to Section 18-85(a) of the Code of the City of Miami, Florida as amended ("Code"). The recommendation and findings to be considered in this matter are set forth in the proposed resolution and will be available as with the scheduled SEOPW CRA Board meeting or anytime thereafter in the City Commission chambers. Should any person desire to appeal any decision of the Board with respect to any matter considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at (305) 250-5361 (Voice), not later than two (2) business days prior to the proceeding. TTY users may call 711 (Florida Relay Service), not later than two (2) business days prior to the proceeding. Todd B. Hannon Clerk of the Board Ad No. 43538 4.1.c Attachment: File # 16396 - Notice to the Public (16396 : 4/5 Vote: Grant to J.E.J. Properties, Inc. for renovations at The Dunns-Josephine Hotel.) Packet Pg. 21 4.2 SEOPW Board of Commissioners Meeting July 25, 2024 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: July 18, 2024 and Members of the CRA Board File: 16397 From: James McQueen Executive Director Subject: 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health Enclosures: File # - 16397 Backup File # 16397 - Bid Waiver Memo File # 16397 - Notice to the Public BACKGROUND: A Resolution of the Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, approving, and confirming the executive director's recommendation and finding that competitive negotiation methods and procedures are not practicable or advantageous, pursuant to Section 18-85 of the code of the City of Miami, Florida, to support Abundant Living Health & Wellness Resulting Services, Inc., a Florida not -for -profit corporation ("Abundant Living"), which provides mental health education, support, and intervention services, to underwrite costs associated with the G.R.A.C.E. Mental Health Initiative ("Program") held at 1550 N.W. 3rd Avenue, Building C, Miami, Florida 33136, and waiving the requirements for competitive sealed bidding as not being practicable or advantageous to the SEOPW CRA; further authorizing funding in an amount not to exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125,000.00) ("Funds"). It is recommended that the Board of the SEOPW CRA approve and adopt the attached Resolution, authorizing the allocation of the Funds to Abundant Living for the Purpose stated herein. Since its inception in 2012, Abundant Living has promoted health education and advocacy, mental health counseling and the facilitation of support groups to Overtown residents. Abundant Living has focused its efforts on providing health education to marginalized communities, particularly to individuals and groups, and its most vulnerable community members. Abundant Living seeks to further its positive impact through this Initiative, which will invite Overtown residents and families to engage in a 48-week program from September 2024 through August 2025. The goal is to reach at least 2,400 participants in the SEOPW CRA redevelopment area through weekly seminars of community mental wellness education, 480 one-on- one counseling and coaching sessions, 22 sessions of bi-weekly grief and loss support groups, and a Packet Pg. 22 4.2 mental wellness summit It is recommended that a program such as this be implemented in order to improve the quality of life for Overtown residents. JUSTIFICATION: Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means "undertakings, activities, or projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight...." Section 2, Goal 4 of the Plan lists the "creati[on of] jobs within the community that will provide life sustaining jobs to residents" as a stated redevelopment goal. Section 2, Goal 6 of the Plan lists the "[i]mprove[ment of] the [q]uality of [1]ife for residents" as a stated redevelopment goal. FUNDING: $125,000.00 from Account No. 10051.920101.883000.0000.00000 — Non TIF Fund Account. FACT SHEET: Company name: Abundant Living Health & Wellness Resulting Services, Inc., a Florida not -for -profit corporation Address: 1550 N.W. 3rd Avenue, Building C, Miami, Florida, 33136. Funding request: $125,000.00. Scope of work or services (Summary): Provides mental health education, support, and intervention services, to underwrite costs associated with the G.R.A.C.E. Mental Health Initiative. Page 2 of 6 Packet Pg. 23 4.2 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: July 25, 2024 CRA Section: Brief description of CRA Agenda Item: Authorizing a grant in the amount of $125,000.00 to "Abundant Living". Project Number YES, there Account Code: (if applicable): are sufficient funds in Line Item: 10051.920101.883000.0000.00000 Amount: $1 2 5 , 0 0 0.0 0 NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minot Object From $ To $ From $ To $ Comments: Funds derive from a Non TIF Fund Source. Approved by: Executive Director 7/18/2024 Approval: j Miguel A Valcriti 7 i ?riance O ce IL ' 9 l 7/18/2024 Page 3 of 6 Packet Pg. 24 4.2 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 16397 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA, AND WAIVING SAID PROCEDURES; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISPERSE GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($125,000.00) ("FUNDS") AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING TO ABUNDANT LIVING HEALTH & WELLNESS RESULTING SERVICES, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("ABUNDANT LIVING"), WHICH PROVIDES MENTAL HEALTH EDUCATION, SUPPORT AND INTERVENTION SERVICES, TO ASSIST WITH THE G.R.A.C.E. MENTAL HEALTH & WELLNESS INITIATIVE ("PROGRAM") TO BE HELD AT 1550 N.W. 3RD AVENUE, BUILDING C, MIAMI, FLORIDA 33136 ("PURPOSE"); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO STAFF COUNSEL, FOR THE PURPOSE STATED HEREIN; PROVIDING FOR INCORPORATION OF RECITALS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Updated Plan"); and WHEREAS, under Florida Statutes, Section 163.340(9) of the Community Redevelopment Act, (the "Act"), "community redevelopment means projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slum and blight"; and WHEREAS, Section 2, Goal 4 on page 10 of the Plan lists the "creati[on of] jobs within the community..." as a stated redevelopment goal; and Page 4 of 6 Packet Pg. 25 4.2 WHEREAS, Section 2, Goal 6, on page 10 of the Plan lists the "[i]mprove[ment of] the [(duality of [1]ife for residents" as a stated redevelopment goal; and WHEREAS, since its inception in 2012, Abundant Living Health & Wellness Resulting Services, Inc., a Florida not -for -profit corporation ("Abundant Living"), has been promoting health education, health advocacy, mental health counseling and the facilitation of support groups to Overtown residents; and WHEREAS, Abundant Living focuses its efforts on providing health education to marginalized communities, particularly, and has made a positive impact to individuals and groups, including its most vulnerable community members, supported by testimonials; and WHEREAS, Abundant Living has requested funding to provide a 48-week program from September 2024 through August 2025, with a goal of reaching 2,400 participants in the SEOPW CRA redevelopment area through weekly seminars of community mental wellness education, 480 one-on-one counseling and coaching sessions, 22 sessions of bi-weekly grief and loss support groups, and a mental wellness summit ("Program"); and WHEREAS, the Program will engage with Overtown residents to help bridge the gap in mental health services and serve as a catalyst for improved life skills; and WHEREAS, Abundant Living is requesting an amount not to exceed One Hundred Twenty -Five Thousand Dollars And Zero Cents ($125,000.00) ("Funds") to support the Program to be held at 1550 N.W. Avenue, Building C, Miami, Florida, 33136; and WHEREAS, the Board of Commissioners wishes to authorize the allocation of Funds to Abundant Living for the Program stated herein; and WHEREAS, the Board of Commissioners finds that adopting this Resolution would further the redevelopment goals and objectives of the SEOPW CRA; and WHEREAS, based on the recommendation and findings of the Executive Director, it is in the SEOPW CRA's best interest for the Board of Commissioners to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures, pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, to allocate said Funds, subject to availability, to Abundant Living, and to authorize the Executive Director to negotiate and execute any and all agreements necessary, all in forms acceptable to Staff Counsel, with Abundant Living; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Sections 18-85 and 18-86 of the City Code, as adopted by the SEOPW CRA, by a four -fifths (4/5th) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings that competitive negotiation methods and procedures are not practicable or advantageous to the SEOPW CRA, to allocate the Funds to Abundant Living to support Page 5 of 6 Packet Pg. 26 4.2 its Program at 1550 N.W. 3rd Avenue, Building C, Miami, Florida 33136 for the Program, and waiving the requirements for said procedures is hereby ratified, approved, and confirmed. Section 3. The Executive Director is hereby authorized' to disperse the Funds, at his discretion, from the Non-TIF Account No. 10051.920101.883000.0000.00000 to Abundant Living to further the Program stated herein. Section 4. The Executive Director is authorized' to negotiate and execute an agreement, including any and all necessary agreements, all in forms acceptable to Staff Counsel, for said purpose. Section 5. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need for public hearing, by filing a corrected copy of same with the City of Miami City Clerk. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: "Vv B ounsel 7/18/2024 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. Page 6 of 6 Packet Pg. 27 4.2.a un a.ntLivin Healt& Wellness Resulting Services May 24, 2024 James McQueen, Executive Director Southeast Overtown Park West Community Redevelopment 819 N. W. 2nd Ave. 31d Floor Miami FL. 33136 Re: Abundant Living Health & Wellness Proposal for Grant Funding 2024-2025 (G.R.A.C.E Mental Health & Wellness Initiative) Dear Mr. McQueen, I would like to take this opportunity to extend gratitude to you, the Southeast Park West Community Redevelopment Agency, and its team members for your support and consideration of funding the Abundant Living "GRACE" Mental Health & Wellness Initiative. This initiative seeks bridge the gap in mental health services by providing compassionate, culturally competent, and collaborative Mental Health & Wellness services to the underserved and marginalized residents in the Overtown community in which you serve. With that shared, I respectfully submit our request for proposal (RFP) in the amount of $125, 000. The Financial support of the SEOPW CRA would serve as a catalyst to help us positively impact the mental health and wellness of our residents through mental health education, mental health counseling, grief and loss support groups, and life coaching skills. If you should have any questions please feel free to contact me at 786-597-7664 or email abundantlivinghhs@gmail.com. Respectfully Submitted, nr, &me,e ed.. Dr. Cheryl Coleman PhD, APN, MBA Abundant Living Health & Wellness Resulting Services, Inc. 1810 N.E. 153`d St. Suite 2 North Miami Beach Email: abundantlivinghhs@gmail.com Phone: 305-930-3555 Cell: 786-597-7664 Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 28 4.2.a Introduction: Abundant Living Health and Wellness Resulting Services, Inc. (ALHWRS) is a Non -Profit 501c c3 organization incorporated in 2012. Our mission is to promote mind, body, and spirit health and wellness support services that fosters healthy and holistic living. Through health education, advocacy, training and equipping, counseling, and facilitation of support groups, we aim to empower individuals to prioritize their mental, spiritual, emotional, and physical wellbeing by seeking help when needed and developing a self -care plan for successful living. Our service delivery fosters a caring inclusive approach making every individual feel valued, seen, heard, and supported on their wellness journey. We care for all people however, there is a special emphasis on serving the marginalized and underserved communities (to include: at -risk individuals, low- income populations, youthful offenders, returning citizens, homeless individuals, disabled persons, veterans, elderly, and those suffering with mental issues). These communities tend to suffer poorer health outcomes and lack access to resources that support mental, spiritual, emotional, and physical wellbeing. Therefore, since our inception we have served approximately 7,200 Miami Dade County residents to include Overtown with their health and wellness needs. We have provided community health education, mental and physical health counseling/coaching, health lectures, health trainings, and health fairs. These health endeavors focused on conditions that adversely impact marginalized communities the most to include Cardiac Disease, Cancer, Hypertension, Stroke, Diabetes, Mental Health, COVID-19 Virus/Vaccinations and Trauma informed Care. Additionally, we have provided mental health education 375 at risk youth, 48 caregiver workshops post COVID-19, and trained 151 individuals to conduct Grief and Loss support groups. We have also provided culturally competent diversity and inclusion healthcare trainings for 5 primary health care clinics in Miami Dade County post COVID-19 aimed at improving the patient care experience and the mental anguish around seeking equitable medical services. Our work has been funded by Center of Disease Control and Florida Department of Health with Live Healthy Miami Gardens as the fiscal agent, fund raising, and private donations. Abundant Living Health and Wellness Resulting Services exist to make a positive health impact on individuals, groups, and the most vulnerable community members. Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 29 4.2.a Project Purpose: We are living through one of the greatest healthcare challenges of our time due to the COVID-19 pandemic and a broken healthcare system. The effect of COVID-19 healthcare crisis has negatively impacted our world and the mental health of Americans. Life as we once knew it has forever changed. Many people have incurred tremendous losses to include family members, friends, economic stability, housing, social interaction, pet, and jobs. These types of compounded losses have lead us to becoming a grieving nation with. Rise in mental illness and disease. In Miami -Dade County roughly 9.1 percent of the population (more than 240,000 individuals) experience serious mental illnesses (SMI; e.g., schizophrenia, bipolar disorder, major depression), yet fewer than 13 percent of these individuals receive care in the public mental health system. Research tells us about 40 percent of incarcerated people have a history of mental health issues and estimate that 20 to 25 percent of the homeless population suffers from a combination of mental illness, substance abuse, and poor physical health. The recent economic decline and COVID-19 has an extremely negative impact on the elderly. In a recent survey of 7 African American churches in Miami Dade County 90 percent of the respondents 6 years and older indicated that they were afraid of becoming homeless with nowhere to go and experienced social isolation weekly. Additionally, suicide is among the top leading cause of death in the United States resulting in about one death every eleven minutes. It the United states suicide is the second leading cause of death for people 10-34 years of age, the fourth leading cause of death for those 35-54 years of age, and the eight -leading cause of death for people 55 to 64 years of age. The provisional estimates for suicide death in the united states released by the Center of Disease Control, August 10, 2023, indicates that suicide death increased to nearly 50,000 in 2022 indicating a 2.6% increase since 2021. Experts say easy access to guns, substance use, social isolation, economic uncertainty, barriers to mental health care access and stigma around seeking help are all contributing factors to suicide. In the state of Florida suicide is the 12th leading cause of death in 2021 with 3, 351 people dying. Over three times people died than motor vehicle accidents. Florida ranked 36 in the nation in suicide deaths (American Foundation for Suicide Prevention, Feb. 4, 2022). In 2022, the age adjusted rate per 100,000 population of deaths from suicide all in Miami Dade County was 8.1 compared to Florida at 4.1. Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 30 4.2.a We believe the need for mental health awareness and support services is more critical than ever before. This proposal outlines a comprehensive mental health awareness and support services aimed at promoting mental wellbeing, providing support to those in need, reducing the stigmas with mental health issues and increasing culturally competent mental health access. Our goal is to aid the Southeast Overtown/Park West Community Redevelopment Agency in improving the quality of life of the residents by providing customized Mental Wellness Services. SCOPE OF WORK Our objectives: 1. Provide evidence -based education, increased awareness, and understanding of the effects of Grief and Loss, Trauma Informed Care, and Mental illnesses and disorders, as well Mental Health and Wellness Interventions to the Overtown community. 2. To provide accessible and inclusive mental health support services that include mental health counseling and mental wellness plan of resiliency for each client utilizing the G.R.A.C.E approach G=Guided Assessment R- Resiliency Strategies A=Action Driven Interventions C= Compassionate Caring Outcomes E=Evidence based Empowerment Practices 3. To Collaborate with Transition Inc. and a network with local organizations, mental health professionals, businesses, and Faith -Based Organizations to reduce the stigma around seeking mental health services 4. To empower individuals to improve their quality of life by prioritizing their mental wellbeing and seeking help when needed. Work Location: For the purposes of this proposed initiative Abundant Living Health & Wellness Resulting Services, Inc will be providing services at Transition Inc. main office in the heart of Overtown 1550 N.W. 3rd Avenue Building C, Miami FL. 33136 Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 31 4.2.a Develop the Tasks: Program Activities and Deliverables: 1. Community Mental Wellness Education: Conduct workshops, seminars, and awareness campaigns to educate the community about common mental health issues, coping strategies', and available resources utilizing In person events, social media platforms, and distributing informational materials to schools, businesses, and faith -based institutions to reach 2,400 individuals Annually). 2. One on One mental health counseling: Provide 1:1 mental health counseling to ten individuals or families weekly utilizing the ten dimensions of health assessment and the G.R.A. C. E resiliency model with the goal of developing a selfcare health and well plan for each client (480 one on one counseling sessions Annually). 3. Support Groups: Conduct Bi-weekly support groups utilizing guest speakers and subject matter experts to cover topics: Grief and Loss, Mindfulness Practices, Conflict Resolution, Anger Management, Forgiveness, Family Reunification, Self -Care, and access to resources (22 Support Group Sessions Annually). 4. Community Mental Wellness Summit in collaboration with mental health service providers (NAMI), health department, Veteran coalition, and South Florida Health Foundation and other invested stakeholders (1 Summit Annually). Outcomes Measures: • Community Mental Wellness Education provided to 2, 400 residents in Overtown in collaboration with Transition and other community health organizations • Provide 480 1:1 Mental health counseling to Overtown residents via referrals from Transition and other community organizations. (See ten clients per week for 48 weeks) with a goal of each client developing their personalized health and wellness selfcare plan • Provide 22 Sessions of Bi-weekly Grief & Loss Mental Wellness support groups • Provide (1) Mental Wellness Summit in collaboration with Community Mental Health stakeholders: NAMI-Miami, Health Department, Veterans Services, South Florida Health Foundation, Faith Community Leaders, and other vested stake holders Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 32 4.2.a Monthly Calendar of Program Activities: *** Calendar and deliverables represent 48 weeks of services in consideration for holidays. September 2024 Community health education will focus on mental and spiritual dimension of wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) October 2024 Mental Wellness Summit to promote program activities to the community Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) November 2024 Community health education will focus on mental and physical dimension of wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) December 2024 Community health education will focus on mental and emotional dimension of wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) January 2025 Community health education will focus on mental and social dimension of wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) February 2025 Community health education will focus on mental and environmental dimension of wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) March 2025 Community health education will focus on mental and occupational dimension of wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) April 2025 Community health education will focus on mental and financial dimension of wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 33 4.2.a May 2025 Community health education will focus on women mental health & wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) June 2025 Community health education will focus on men mental health & wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) July 2025 Community health education will focus on children's mental health & wellness Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) August 2025 Community health education will focus on trauma informed self -care Provide 40 (sixty minute) counseling/coaching sessions for Overtown Residents/Family Bi-weekly Grief & Loss Support Groups Sessions (2 sessions 60-90 minutes in duration) Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 34 4.2.a Program Impact Testimonials for Grief & Loss Support Groups Components: 2022-2023 1. The information has been a great help to me after the loss of my mother 2 months ago. It also helps me in helping other family during their time of grief. Very informative. Thanks so much for your availability. 2. The presenters were well -versed on the topic, and the slide presentation was helpful. 3. I feel these sessions was needed to help all of us to deal with our grief and loss. Regards of what level we are in our journey. It really helps me to know that there are different types of losses. Thanks to our Facilitators for an outstanding task. God Bless and thank you for your time 4. I really enjoyed the webinar. I'm a caregiver and it is not easy with 2 100 and 101..God has a funny sense of humor. I'm in his arms Thank you 5. The Grief and Loss Webinar Series was very engaging and informative. The facilitators were very informative with the content of the lessons and with the manner of which the lessons were presented. The Christian model that was implemented in the lessons was very greatly appreciated. The coordinating Scriptures and real -life scenarios and situations and the dialogue was relational and relevant. The time of the series was adequate. The facilitators collaborated nicely together as well. 1 am so thankful and appreciative to have had this opportunity to have been able to participate in the series of workshops over the past month. Hopefully, you will be able to continue to send out tidbits of information and wisdom nuggets to help navigate this process with so many persons, families and individuals who are experiencing profound and complicated grief and hopefully we can implement the strategies and tools which you have shared with me and others to bless someone else. God bless. Felicia C. Harris Greater Mount Moriah Primitive Baptist Church 727 Charlotte, NC 28202 6. I took this workshop to help my friend who told me she couldn't stop crying after the loss of her husband. She was on all four sessions as was I. These sessions were a blessing to me as I have had several deaths of close friends this past year. My friend thanked me for inviting her to attend. She said that the workshops really has helped her also. Thank you for your time and teaching us how to navigate through our hours of grief. 7. Thank you Dr. Coleman and Chaplin Brown for informative session I was truly blessed CPThe webinar gave me comfort. 8. These sessions were very informative. The presenters presented in a manner that was easily understood and relevant. I appreciate your efforts. 9. Thank you for the knowledge that was provided and the materials that we can go back and reference. The sessions were a highlight of our evenings. We will forever be grateful for the impact that the series is allowing us to experience with the death of our daughter and daughter in love; and how it is equipping us to help our grandchildren to navigate thru this life changing process. Much prayers and thanks to you and our President Elder Kenneth Dukes for the opportunity to be students of the courses d very well was very informative. BS Presentation and Information was presented Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 35 4.2.a ANNUAL BUDGET DIRECT SERVICES Role & Responsibilities Budget Clinical Program director Will oversee all aspects of the program to include direct services to the residents of Overtown. Time will be provided utilized in the manner below. • Direct Clinical services (70%) • Administrative Oversight (30%) Direct Clinical Services (70% ) to include: Provide initial Assessments & health planning = Counsels' clients and patients, individually and in group sessions, to assist in overcoming mental health & wellness challenges, adjusting to life, and making necessary lifestyle changes to improve quality of life. = Maintains confidentiality of records relating to client's treatment. Guides clients in the development of skills and strategies to deal with their problems. $59,500 Mental Health & Wellness Counselor Provide one on one assistance with emotional, phycological, physical, and cognitive issues with the goal of promoting overall health & wellness of population served. $30,000 CONSULTANTS/GROUP MENTAL HEALTH SESSIONS Mental health & Wellness Group Facilitators 22 sessions X 250= $5500 Facilitate various topics in group settings on all ten dimensions of health to include Grief & Loss/Trauma Informed Care/Self Care $5500 Mental Health Wellness Materials 22 sessions X 150=$3300 This cost will include monthly newsletter, training materials for group sessions. $3300 MENTAL WELLNESS SUMMIT The mental health and wellness summit will target 300 minorities/residents in the Overtown area and will focus on closing the gap in mental health disparities that plaque our community. This direct service will also help bridge the gap with other health disparities such as Heart Disease, Diabetes, Hypertension, Strokes as mental wellness guides life choices and discipline needed to combat these diseases. The summit will be held in an area to be determined in Overtown. $7950 Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 36 4.2.a TOTAL DIRECT SERVICES $106,250 INDIRECT COST Clerical & Scheduling Assistance $7200 EQUIPMENT Computer Laptop $1500 Zoom/Otter Transcription $500 Office Supplies/Telephone $3850 Printer $1000 Accounting/Payroll Payroll $1200 Audit $2500 Liability Insurance $1000 TOTAL INDIRECT COST $18,750 TOTAL BUDGET $125,000 Thank you again for your consideration. If you should require anything further please don't hesitate to contact me at 786-597-7664 or email abundantlivinghhs@gmail.com Respectfully Submitted: Dr. Cheryl Coleman, PhD, APN, MSN, MBA CEO/President Abundant Living Health & Wellness Resulting Services, Inc. Attachment: File # - 16397 Backup (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Mental Health) Packet Pg. 37 4.2.b SEOPW Board of Commissioners Meeting July 25, 2024 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 4/5ths RECOMMENDATION INTER -OFFICE MEMORANDUM To: Board Chair Christine King and Members of the SEOPW CRA Board Date: July 25, 2024 File: Subject: Recommendations and findings to waive competitive sealed bidding and negotiation methods pursuant to City Code 18-85 and 18-86 for Abundant Living Health & Wellness Resulting Services, Inc. From: James McQueen Enclosures: Executive Director BACKGROUND: The Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Updated SEOPW CRA Redevelopment Plan ("Plan"). Abundant Living Health & Wellness Resulting Services, Inc., a Florida not -for -profit corporation ("Abundant Living"), requests assistance for the costs associated with the G.R.A.C.E. Mental Health Initiative ("Program") to be held at 1550 N.W. 3' Avenue, Building C, Miami, Florida 33136. The SEOPW CRA desires to provide funding in an amount not to exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125,000.00). Since its inception in 2012, Abundant Living has promoted health education and advocacy, mental health counseling and the facilitation of support groups to Overtown residents. Abundant Living has focused its efforts on providing health education to marginalized communities, particularly to individuals and groups, and its most vulnerable community members. Abundant Living seeks to further its positive impact through this Initiative, which will invite Overtown residents and families to engage in a 48-week program from September 2024 through August 2025. The goal is to reach at least 2,400 participants in the SEOPW CRA redevelopment area through weekly seminars of community mental wellness education, 480 one-on-one counseling and coaching sessions, 22 sessions of bi-weekly grief and loss support groups, and a mental wellness summit. It is recommended that a program such as this be implemented in order to improve the quality of life for Overtown residents. The Executive Director has reviewed and vetted Abundant Living's request, in accordance with the objectives of the Plan. RECOMMENDATION: In light of the above -stated, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable or advantageous to the Southeast Overtown/Park West Community Redevelopment Agency as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 and 18-86 and the affirmation of these written findings and the forwarding the same to the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency by a four -fifths vote is respectfully requested. APPROVED 7arvp,r Mc(Jruegn James F1cQ2een (Jul 18, 202414,10 EDT) James McQueen, Executive Director Attachment: File # 16397 - Bid Waiver Memo (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Packet Pg. 38 Southeast Overtown/Park West Community Redevelopment Agency NOTICE OF PUBLIC HEARING The Board of Commissioners ("Board") of the Southeast Overtown/ Park West Community Redevelopment Agency ("SEOPW CRA") will hold a Public Hearing on Thursday, July 25th, 2024, at 10:00 a.m. or anytime thereafter in the City Commission chambers located at Miami City Hall, 3500 Pan American Drive, Miami, FL 33133. The Board will consider the award of a grant to Abundant Living Health & Wellness Resulting Services, Inc., a Florida not -for -profit corporation, to underwrite costs associated with the GRACE Mental Health Initiative, which will provide mental health education, support and intervention services to residents located within the SEOPW CRA area at 1550 N.W. 3rd Avenue, Building C, Miami, Florida 33136. In accordance with the SEOPW CRA 2018 Redevelopment Plan ("Plan") and Florida Statutes 163, the Board will consider funding an amount not to exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125,000.00). This funding will aid in providing accessible and inclusive mental health services under a specialized approach to revitalize and improve the quality of life for Overtown residents consistent with the Plan. All comments and questions with respect to the meeting and public participation should be addressed to James McQueen, Executive Director, or Vincent T. Brown, Esq., Deputy Director and Staff Counsel, at 819 N.W. 2nd Avenue, 3rd Floor, Miami, Florida 33136 or (305) 679-6800. This action is being considered pursuant to Section 18-85(a) of the Code of the City of Miami, Florida as amended ("Code"). The recommendation and findings to be considered in this matter are set forth in the proposed resolution and will be available as with the scheduled SEOPW CRA Board meeting or anytime thereafter in the City Commission chambers. Should any person desire to appeal any decision of the Board with respect to any matter considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at (305) 250-5361 (Voice), not later than two (2) business days prior to the proceeding. TTY users may call 711 (Florida Relay Service), not later than two (2) business days prior to the proceeding. Todd B. Hannon Clerk of the Board Ad No. 43539 4.2.c Attachment: File # 16397 - Notice to the Public (16397 : 4/5th Vote: Abundant Living Health & Wellness Resulting Services, Inc. for G.R.A.C.E. Packet Pg. 39 4.3 SEOPW Board of Commissioners Meeting July 25, 2024 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: July 18, 2024 and Members of the CRA Board File: 16398 From: James McQueen Executive Director Subject: Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre. Enclosures: File # 16398 - Exhibit A File # 16398 - Exhibit B BACKGROUND: A Resolution of the Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), with attachments, authorizing execution of a Commercial Lease Agreement ("Lease) (Exhibit "A"), in substantially the attached form, with the Black Archives History and Research Foundation of South Florida, Inc., a Florida not -for -profit corporation ("BAF"), for the SEOPW CRA's office space located at the Black Archives Historic Lyric Theater, 819 N.W. 2nd Avenue, Miami, Florida 33136, for a term of three (3) years at a total monthly rent of Nineteen Thousand Four Hundred Sixty Dollars and Zero Cents ($19,460.00), or of Two Hundred Thirty -Three Thousand Five Hundred Twenty Dollars and Zero Cents ($233,520.00) annually, with a Three Percent (3%) annual increase after the first Lease year ("Purpose"). On January 27, 2014, through Resolution No. CRA-R-14-0002, attached and incorporated herein as Exhibit `B," the Board authorized the Executive Director to negotiate and execute a lease agreement with BAF, for a term of three (3) years. The SEOPW CRA has since held its office and carried out community redevelopment activities and projects in said office at the Black Archives Historic Lyric Theater, located at 819 N.W. 2nd Avenue, Miami, Florida 33136. It is recommended that the Board of the SEOPW CRA approve and adopt the attached Resolution, authorizing the allocation of Funds to BAF for the Purpose stated herein. The SEOPW CRA's offices currently includes sufficient commercial space to continue support the SEOPW CRA's operations. The commercial space consists of 3,488 sq. ft. of office and storage space, as well as access to 1,520 sq. ft. of shared space, including a conference room, copy room, kitchen/break room, and reception area. BAF has agreed to lease the commercial space for the first year of the term for a monthly and annual amount of $19,460.00 and $233,520.00, respectively, with a 3% annual increase after the first Lease year. It is recommended that the SEOPW CRA enter into a lease agreement with BAF under these terms. Packet Pg. 40 4.3 JUSTIFICATION: Section 163.370, Florida Statutes authorizes the SEOPW CRA to enter into leases for property within the redevelopment area. FUNDING: Funds to be allocated from the Rentals and Leases Account No. 10050.920101.544000.0000.00000 as follows: $233,520.00 during FY 2024/2025; $240,525.00 during FY 2025/2026; $247,741.00 during FY 2026/2027. FACT SHEET: Company name: Black Archives History and Research Foundation of South Florida, Inc. Address: 819 N.W. 2nd Avenue, Miami, Florida, 33136. Funding request: $233,520.00 during FY 2024/2025; $240,525.00 during FY 2025/2026; $247,741.00 during FY 2026/2027 Scope/Summary: Authorization for execution of the Commercial Lease Agreement with the Black Archives History and Research Foundation of South Florida, Inc for a 3-Year Term (2024-2027), with annual 3% increase after first year. Page 2 of 6 Packet Pg. 41 4.3 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: July 25, 2024 CRA Section: Brief description of CRA Agenda Item: AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A COMMERCIAL LEASE AGREEMENT ("LEASEWITH THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("BAF") FOR THE SEOPW CRA'S OFFICE SPACE LOCATED AT THE BLACK ARCHIVES HISTORIC LYRIC THEATER, 819 N.W. 2ND AVENUE, MIAMI, FLORIDA 33136 ("PROPERTY"), FOR A TERM OF THREE (3) YEARS, IN A FORM ACCEPTABLE TO STAFF COUNSEL, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, AT A TOTAL MONTHLY RENT OF NINETEEN THOUSAND FOUR HUNDRED SIXTY DOLLARS AND ZERO CENTS ($19,460.00) ("MONTHLY RENT"), OR AN AMOUNT OF TWO HUNDRED THIRTY-THREE THOUSAND FIVE HUNDRED TWENTY DOLLARS AND ZERO CENTS ($233,520.00) ANNUALLY, WITH A THREE PERCENT (3%) ANNUAL INCREASE AFTER THE FIRST LEASE YEAR, PROVIDING FOR INCORPORATION OF RECITALS, AND PROVIDING FOR AN EFFECTIVE DATE. Project Number YES, there Account Code: (if applicable): are sufficient funds in Line Item: 10050.920101.544000.0000.00000 Amount: $ 2 3 3, 5 2 0.0 0 NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minot Object From $ To $ From $ To $ Comments: Page 3 of 6 Packet Pg. 42 4.3 Approved by: Approval: Executive Director 7/18/2024 ) J Miguel A Valcntirl, Finance Officer 7/18/2024 Page 4 of 6 Packet Pg. 43 4.3 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 16398 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A COMMERCIAL LEASE AGREEMENT ("LEASE"), SUBSTANTIALLY IN THE FORM ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," WITH THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("BAF") FOR THE SEOPW CRA'S OFFICE SPACE LOCATED AT THE BLACK ARCHIVES HISTORIC LYRIC THEATER, 819 N.W. 2ND AVENUE, MIAMI, FLORIDA 33136 ("PROPERTY"), FOR A TERM OF THREE (3) YEARS, IN A FORM ACCEPTABLE TO STAFF COUNSEL, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, AT A TOTAL MONTHLY RENT OF NINETEEN THOUSAND FOUR HUNDRED SIXTY DOLLARS AND ZERO CENTS ($19,460.00) ("MONTHLY RENT"), OR AN AMOUNT OF TWO HUNDRED THIRTY-THREE THOUSAND FIVE HUNDRED TWENTY DOLLARS AND ZERO CENTS ($233,520.00) ANNUALLY, WITH A THREE PERCENT (3%) ANNUAL INCREASE AFTER THE FIRST LEASE YEAR, PROVIDING FOR INCORPORATION OF RECITALS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area ("Redevelopment Area") in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Updated Plan"); and WHEREAS, Section 163.370, Florida Statutes authorizes the SEOPW CRA to enter into leases for property within the Redevelopment Area; and WHEREAS, the Black Archives History and Research Foundation of South Florida, Inc., a Florida not -for -profit corporation ("BAF"), currently owns the "Black Archives Historic Lyric Theater," commonly known as the "Lyric Theater," a historic cultural complex located at 819 N.W. 2°a Avenue, Miami, Florida 33136 ("Property"); and WHEREAS, the SEOPW CRA and BAF wish to enter into a Commercial Lease Agreement ("Lease"), substantially in the form attached and incorporated herein as Exhibit "A" ("Purpose"); and WHEREAS, the SEOPW CRA currently has access to that certain 3,488 square feet of office space on the third floor of the Property ("Leased Premises") and access to that certain 1,520 square feet of shared space on the third floor of the Property ("Shared Space"); and Page 5 of 6 Packet Pg. 44 4.3 WHEREAS, the Lease shall have a term of three (3) years at a total monthly rent of Nineteen Thousand Four Hundred Sixty Dollars and Zero Cents ($19,460.00), or of Two Hundred Thirty -Three Thousand Five Hundred Twenty Dollars and Zero Cents ($233,520.00) annually, with a Three Percent (3%) annual increase after the first Lease year; and WHEREAS, on January 27, 2014, the Board of Commissioners, by Resolution No. CRA-R-14- 0002, attached and incorporated herein as Exhibit "B," authorized the Executive Director to enter into a lease agreement with BAF; and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA's redevelopment goals and objectives; and WHEREAS, based on the recommendation and findings of the Executive Director, it is in the SEOPW CRA's best interest for the Board of Commissioners to authorize the Executive Director to negotiate and execute any and all agreements necessary, all -in forms acceptable to Staff Counsel BAF for the Leased Premises; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Executive Director is authorized to negotiate and execute the lease agreement, substantially in the form attached and incorporated herein as Exhibit "A," including any and all necessary documents to effectuate said Lease, and all in forms acceptable to Staff Counsel, for said Purpose, for a three (3) term at a total monthly rent of Nineteen Thousand Four Hundred Sixty Dollars and Zero Cents ($19,460.00)("Monthly Rent"), or of Two Hundred Thirty -Three Thousand Five Hundred Twenty Dollars and Zero Cents ($233,520.00), annually, with a Three Percent (3%) annual increase after the first Lease year. Section 3. The Executive Director is authorized to allocate an amount not to exceed the Rent, at his discretion, from the Rentals and Leases Account No. 10050.920101.544000.0000.00000 to the Black Archives to further the Purpose stated herein. Section 4. Sections of this Resolution may be re -numbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need of public hearing, by filing a corrected copy of same with the City of Miami City Clerk. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: e B ounsel 7/18/2024 Page 6 of 6 Packet Pg. 45 4.3.a EXHIBIT A COMMERCIAL LEASE AGREEMENT THIS COMMERCIAL LEASE AGREEMENT is made on this day of July 2024 (the "Lease Effective Date") by and between THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., a Florida not -for -profit corporation ("Landlord"), having an address, 819 N.W. 2nd Avenue, Miami, Florida 33136 (the "Property") and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("Tenant"), having an address, 819 N.W. 2nd Avenue, 3rd Floor, Miami, Florida 33136 (the "Leased Premises). 1. GRANT OF LEASE Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord that certain 3,488 square feet of floor space on the third floor of the Property, as depicted in Exhibit "A" attached hereto and by reference made a part hereof (the "Leased Premises") for description purposes, together with, as part of the property, all improvements located thereon. The Tenant shall have access to that certain 1,520 square feet of shared space on the third floor of the Property, as depicted in Exhibit "A" for a total amount of 4,248 square feet of floor space. 2. USE OF LEASED PREMISES; HOURS OF OPERATION a. USE OF LEASED PREMISES. The parties acknowledge that the Tenant is a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, and serves a public governmental entity that engages in community redevelopment activities pursuant to Chapter 163, Florida Statutes, and the Tenant's approved redevelopment plan. The Leased Premises shall be used and occupied as the administrative offices of the Tenant, and for other uses related to the operation of the Tenant's business, including use of the Leased Premises to hold public meetings. Tenant shall be required to provide Landlord with advance notice, consisting of not less than five (5) calendar days, of any public meetings that will be held at the Leased Premises. Tenant shall also notify and schedule with Landlord, through the Black Archives Administration, any requests to utilize the common areas of the building, including all conference rooms. Upon receipt of advance notice as provided above, Landlord agrees to identify accommodations sufficient to support the nature of the meeting and anticipated number of attendees. Nothing herein shall give Tenant the right to use the Leased Premises for any other purpose or to sublease, assign, or license the use of the Leased Premises. b. HOURS OF OPERATION. Landlord acknowledges that Tenant is a government entity that operates Monday through Friday, from 7:00 am to 5:00 pm Eastern Standard Time Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 46 4.3.a (EST); however, in the event Tenant requires access to the Leased Premises beyond the aforementioned days and hours of operations, upon providing advanced notice to Landlord, Tenant shall have full and complete access to the Leased Premises as required in furtherance of its business operations. 3. TERM The term of this Lease (the "Term") and Tenant's obligation to pay rent hereunder shall commence on the date (the "Commencement Date"), as defined in this Section below, and shall terminate three (3) years from the Commencement Date, or sooner, if terminated as provided herein. The Commencement Date shall be July _ 2024. In the event either party wishes to extend the term of this Lease, said party agrees to provide folinal written notice no later than four (4) months into the third year of the original term. Both Landlord and Tenant each agree to meet and negotiate the terms and conditions governing the extended term. 4. RENT a. RENT; MONTHLY INSTALLMENTS. The Tenant agrees to pay the Landlord and the Landlord agrees to accept, during the term hereof, at Landlord's address set forth below in Section 17, or at such other place and to such other person as Landlord may from time to time designate in writing, no later than 45 days prior to the due date, annual rent in the amount of Two Hundred Thirty -Three Thousand Five Hundred Twenty Dollars and Zero Cents ($233,520.00). The annual rent shall be payable in advance in equal monthly installments of one -twelfth (1/12) of the total year rent, which shall be Nineteen Thousand Four Hundred Sixty Dollars and Zero Cents ($19,460.00), on the first day of each calendar month during the term hereof, and prorate for the fractional portion of any month. Reference to annual rent hereunder shall not be implied or construed to the effect that this Lease or the obligation to pay rent hereunder is from year to year, or for any term shorter than the existing Lease term, plus any extensions as may be agreed upon. Rent shall be considered late if received by Landlord fifteen (15) or more days subsequent to the due date. b. ANNUAL RENT INCREASE. Tenant shall pay an annual Rent in an amount increased over the amount charged during the immediately preceding Lease Year, commencing with the Second Lease Year and continuing on each annual anniversary thereafter throughout the Term, and any extension or renewals thereof, payable in equal monthly installments (in an amount not to exceed 3% of the annual amount of Rent as defined in Section 4(a)), payable without notice, demand, deduction, or set-off whatsoever. c. COMMON AREA MAINTENANCE. Tenant shall pay to Landlord for the maintenance of the common areas, an amount equal to Tenant's Pro Rata Share, or 9.4%, of the Property's operating and maintenance costs, as is defined in Section 9. Landlord shall establish the fiscal period for the determination of the Property's operating and maintenance costs. If the Commencement Date is other than the first day of such fiscal period, the Property's operating costs for that fiscal period shall be prorated so that Tenant shall pay with respect only to that portion thereof that relates to the fiscal period included with the Term of this Lease. Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 47 4.3.a d. APPORTIONMENT OF RENT; 30 DAY MONTH. If the term of this Lease shall terminate on any day other than the first or last day respectively of a calendar month, all rent and other charges accruing under this Lease for such portion of the partial calendar month shall be apportioned and paid on the basis of a thirty (30) day month. d. REAL ESTATE TAXES. Landlord shall be responsible for any and all real estate taxes and assessments against the Leased Premises and/or Property. 5. SECURITY DEPOSIT Landlord hereby waives any obligation of Tenant to provide a security deposit. Tenant hereby agrees to return the Leased Premises to Landlord in the original condition leased, ordinary wear and tear excepted. 6. SIGNAGE Tenant shall have the right, subject to the consent of Landlord, which shall not be unreasonably withheld, to at its sole risk and expense and in conformity with applicable laws and ordinances, to erect and thereafter, to repair or replace, if it shall so elect signage located on the same floor as the Tenant's Leased Premises, provided that Tenant shall remove any such signs upon termination or expiration of this Lease, and repair all damage occasioned thereby to the Leased Premises. Given the historic nature of the Property, no signage on the exterior of the Property shall be permitted. 7. ASSIGNMENT AND SUBLETTING Tenant shall not assign, sublet, mortgage, pledge, or hypothecate this Lease, or any interest therein, nor shall Tenant permit the use of the Leased Premises by any person or persons other than Tenant, nor shall Tenant sublet the Leased Premises, or any part thereof without the prior written consent of Landlord. 8. CONDITION OF LEASED PREMISES — MAINTENANCE AND REPAIRS Landlord agrees to keep and maintain in good order and repair the Leased Premises and the Property, including the roof, structural components, common areas, foundation, as well as the mechanical, electrical, plumbing and HVAC systems and exterior walls except for damage caused by casualty and condemnation, and subject to normal wear and tear, provided such repairs are not occasioned by Tenant, Tenant's invitees or anyone in the employ or control of Tenant. Tenant shall at once report in writing to Landlord any defective condition known to him that Landlord is required to repair pursuant to this Section. All replacements, repairs and maintenance shall be performed by contractors or workmen designated or approved by Landlord. Landlord shall be responsible for the sanitation, storage and daily removal of all garbage and recycling generated by Tenant. Landlord shall perform the aforesaid maintenance, repairs, replacements and services. If the Landlord fails to make repairs promptly and adequately, or otherwise fails to comply with this Section, Tenant may, Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 48 4.3.a but need not, make repairs or correct such failure, and Landlord shall pay Tenant the cost thereof on demand. Tenant hereby agrees that Tenant shall not commit nor allow any waste or damage to be committed on any portion of the Leased Premises. 9. COST OF MAINTENANCE Landlord shall pay for the cost of maintenance, operation, and administration of the common areas and all constructed improvements thereto. The term "Common Area Maintenance" shall mean the total cost and expenses incurred in connection with the administration, operation, maintenance, and repair of the common areas of the Property, including without limitation: gardening and landscaping; the cost of public liability, property damage, and worker's compensation; parking areas; lighting; electricity; water; sanitary control; removal of trash, rubbish, garbage, recyclables and other refuse; elevators; fire alarm and fire sprinkler systems; machinery or equipment used in such maintenance; the cost of personnel to implement such services; security; fees to direct parking and to police the common area under the terms of this Lease. 10. ALTERATIONS, ADDITIONS OR IMPROVEMENTS a. NON-STRUCTURAL ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant shall have the right, at its sole expense, from time to time, to redecorate the Leased Premises and to make such non-structural alterations, additions, or improvements in such parts thereof as the Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations, additions or improvements neither impair the structural soundness, nor diminish the value of the Leased Premises. Additionally, notwithstanding the above, Tenant agrees that non-structural alterations, additions or improvements shall not occur throughout hallways and corridors throughout the Leased Premises. b. STRUCTURAL ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant may undertake structural alterations, additions or improvements to the Leased Premises provided that the Tenant has first obtained Landlord's written consent, which shall not be unreasonably withheld, and Tenant provides details of all proposed structural alterations, additions or improvements, including drawings and specifications prepared by qualified architects or engineers conforming to good engineering practice. All such alterations shall be performed: (i) at the sole cost of Tenant; (ii) by licensed contractors and subcontractors and workmen approved in writing by Landlord; (iii) in a good and workmanlike manner; (iv) in accordance with the drawings and specifications approved in writing by Landlord; (v) in accordance with all applicable laws and regulations; and (vi) subject to the reasonable regulations, supervision, control and inspection of Landlord. If any alterations would affect the structure of the Property or any of the electrical, plumbing, mechanical, heating, ventilation or air conditioning systems or other base building systems, such work shall, at the option of Landlord, be performed by Landlord at Tenant's cost. The cost of the work performed shall be paid by Tenant to Landlord upon demand. Upon completion of alterations, additions or improvements to the Leased Premises, Tenant shall, at its cost, obtain all permits or licenses necessary for the occupancy of the improvements and the operation of the same as set out herein and shall keep the same in force. Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 49 4.3.a Landlord agrees to execute and deliver upon Tenant's request such instrument or instruments embodying Landlord's approval which may be required by a public or quasi -public authority for the purposes of obtaining any licenses or permits for the approved alterations, additions or improvements in, to, or upon the Leased Premises. c. PERMITS AND EXPENSES. Each party agrees that it will procure all necessary permits for making any repairs, alterations, or other improvements for installations, when applicable. Each party hereto shall give written notice to the other party of any repairs required of the other pursuant to this Lease, and the party responsible for said repairs agrees to promptly commence such repairs and to diligently complete said repairs. Each party agrees to promptly pay the costs of any work performed so that the Leased Premises and/or Property at all times shall be free of liens for labor and materials. Each party further agrees to hold harmless and indemnify the other party from and against any and all injury, loss, claims, or damage to any person or property occasioned by or arising out of the performance of such work by the other party or its employees, agents or contractors. Each party further agrees that in doing such work that it will employ materials of good quality and comply with all governmental requirements, and perform such work in a good and workmanlike manner. 11. PROPERTY DAMAGE a. DESTRUCTION BY FIRE OR CASUALTY. If the Leased Premises or the Property shall be destroyed by fire or other cause, or be so damaged that restoration cannot be reasonably completed within one hundred and twenty (120) days or less, then either Landlord or Tenant may, by written notice, given to the other not later than forty-five (45) days after the date of such destruction, terminate this Lease, in which event rent paid for the period beyond the date of destruction shall be refunded to the Tenant, and at which time both parties shall be relieved of all further liability hereunder accruing after the effective cancellation date. If the damage can be reasonably restored within one -hundred and twenty (120) days or less, a proportionate reduction shall be made in the rent herein reserved corresponding to the time during which, and applicable to the portion of the Leased Premises of which Tenant was deprived of possession during the period of restoration. In that case, Landlord shall proceed with diligence to complete restoration and repairs of the Leased Premises and/or Property, except for improvements installed by the Tenant, and complete reconstruction within one hundred and twenty (120) days of the casualty. The decision of a licensed Florida architect or engineer retained or engaged by Tenant and certified in writing to Landlord and Tenant shall conclusively be deemed binding on the parties as to: (i) whether the Leased Premises or Building can be restored within the period provided hereinabove, (ii) the percentage of the Leased Premises rendered untenantable and the resulting percentage by which rent and other charges hereunder should abate during the period of restoration, and (iii) the date upon which the Leased Premises are restored. b. OTHER LOSS OR DAMAGE. Notwithstanding any provisions to the contrary, Landlord shall not be responsible for any loss of or damage to property of Tenant or of others located on the Leased Premises, except where such loss or damage is caused by the willful act or omission, misconduct, or negligence of Landlord, or Landlord's agents, employees or contractors, for loss to or damage of Tenant's property as a result of Landlord's failure to make repairs for which Landlord is responsible for under this Lease, where Tenant has Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 50 4.3.a notified Landlord in writing of the need for said repairs. If after the giving of such notice by the Tenant, and the occurrence of such failure by the Landlord, loss of or damage to Tenant's property results from the condition as to which Landlord has been notified, Landlord shall indemnify and hold harmless Tenant from any loss, cost or expense arising therefrom. c. FORCE MAJEURE. In the event that Landlord or Tenant shall be delayed or hindered in or prevented from the performance of any act by reason of strikes, lockouts, unavailability of materials, failure of power, restrictive governmental laws or regulations, pandemics, riots, insurrections, the act, failure to act, or default of the other party war or other reason beyond its control, then performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, lack of funds shall not be deemed to be a cause beyond control of either party. 12. SURRENDER OF PREMISES At the expiration or termination of this Lease, Tenant shall surrender the Premises to Landlord and the Leased Premises shall be in the same condition as it was on the effective date of this Lease, excepting reasonable wear and tear, and any additions, alterations and improvements by the Landlord. Tenant shall also deliver all keys and combinations to locks, safes and vaults (which are not readily removable without damaging the Leased Premises) to Landlord. Tenant shall, at its own expense, repair any damage caused by the removal of any of Tenant's property at the termination of this Lease. Tenant's obligation to perform hereunder shall survive the end of the term of this Lease and, in the event Tenant fails to remove its property upon the expiration of this Lease, then said property shall be deemed abandoned and shall become the property of Landlord. Landlord shall nevertheless be entitled to perform the obligations of Tenant under this Section at Tenant's expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in the performance of such obligations. 13. CONDEMNATION a. TOTAL TAKING. If, after the execution of this Lease and prior to the expiration of the term hereof, the whole of the Leased Premises shall be taken under power of eminent domain by any public authority, or conveyed by Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminate as of the date when possession of the Leased Premises shall be taken by the taking authority and any unearned rent or other charges, if any, paid in advance, shall be refunded to Tenant. b. PARTIAL TAKING. If, after the execution of this Lease and prior to the expiration of the term hereof, any public authority shall, under the power of eminent domain, take, or Landlord shall convey to said authority in lieu of such taking, property which results in a reduction by fifteen (15%) percent or more of the area in the Leased Premises, or of a portion of the Leased Premises that substantially interrupts or substantially obstructs the conducting of business on the Leased Premises, then Tenant may, at its election, terminate this Lease by giving Landlord notice of the exercise of Tenant's election within thirty (30) days after Tenant's receipt of notice of such taking. In the event of termination by Tenant, this Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 51 4.3.a Lease and the term hereof shall cease and terminate as of the date when possession shall be taken by the appropriate authority of that portion of the Leased Premises, and any unearned rent or other charges, if any, paid in advance by Tenant shall be refunded to Tenant. c. RESTORATION. In the event of a taking in respect of which Tenant shall not have the right to elect to terminate this Lease or, having such right, shall not elect to terminate this Lease, this Lease and the term thereof shall continue in full force and effect and Landlord, at Landlord's sole cost and expense, forthwith shall restore the remaining portions of the Leased Premises, including any and all improvements made theretofore to an architectural whole in substantially the same condition that the same were in prior to such taking. A just proportion of the rent reserved herein and any other charges payable by Tenant hereunder, according to the nature and extent of the injury to the Leased Premises and to Tenant's business, shall be suspended or abated until the completion of such restoration and thereafter the rent and any other charges shall be reduced in proportion to the square footage of the Leased Premises remaining after such taking. d. AWARD. The Landlord shall not be entitled to and Tenant shall have the sole right to make its independent claim for and retain any portion of any award made by the appropriating authority directly to Tenant for loss of business, or damage to or depreciation of, and cost of removal of fixtures, personality and improvements installed in the Leased Premises by, or at the expense of Tenant, and to any other award made by the appropriating authority directly to Tenant. e. RELEASE. In the event of any termination of this Lease as the result of the provisions of this Section, the parties, effective as of such termination, shall be released, each to the other, from all liability and obligations thereafter arising under this Lease. 14. LANDLORD'S ACCESS TO THE LEASED PREMISES Tenant agrees to permit Landlord and its agents to enter the Leased Premises at all reasonable times for the purpose of examining or inspecting the same, or for the purpose of protecting Landlord's reversions, or to make alterations, repairs, or additions to the Leased Premises or to any other portion of the Property, or for maintaining any service provided by Landlord, or for any other purpose which Landlord deems necessary for the safety, comfort or preservation of the Leased Premises or Building and during such operations, provided, however, that Landlord does not interfere with Tenant's business operations and use of the Leased Premises. Tenant will permit Landlord at any time within the earlier of (i) one hundred twenty (120) days prior to the expiration of this Lease; or (ii) upon the failure of Tenant to cure a default within thirty (30) days of notice by Landlord to bring prospective tenants upon the Leased Premises for purposes of inspection. 15. INDEMNIFICATION Landlord shall indemnify and hold harmless Tenant from and against any and all liability damages, penalties, judgments or expenses arising from injury to persons or property sustained by any person in or about the Property, common areas, parking or any other areas outside of the Leased Premises. Such expenses shall include, but not be limited to, all costs, Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 52 4.3.a and reasonable attorneys' fees incurred or paid by Tenant in connection with such litigation and any appeal thereof. To the extent permitted by Florida law, Tenant shall indemnify and hold harmless Landlord from all losses, damages, liabilities and expenses whatsoever, which may arise or be claimed against Landlord arising from: (i) the use of the Leased Premises by Tenant; or (ii) any grossly negligent acts or omissions by the Tenant, Tenant's agents and employees. Such expenses shall include, but not be limited to, all costs, expenses and reasonable attorneys' fees incurred or paid by Landlord in connection with such litigation and any appeal thereof. The provisions of this Section shall survive any termination or cancellation of the Lease. 16. INSURANCE a. LANDLORD'S OBLIGATION. Landlord shall maintain fire and extended coverage insurance on the Property, including all common areas, in an amount not less than one hundred percent (100%) of the full replacement value. Landlord shall also maintain commercial general liability coverage to afford minimum protection of not less than combined Two Million Dollars and Zero Cents ($2,000,000.00) combined single limit coverage of bodily injury, property damage or combination thereof. All insurance required under this subsection shall be written by a company or companies qualified to do business in Florida and reasonably acceptable to Tenant. A certificate of duplicate policies showing such insurance in force shall be delivered to Tenant prior to the Commencement Date, and such insurance and updated certificates or renewed policies shall be maintained with Tenant throughout the term of this Lease. b. TENANT'S OBLIGATION. Tenant shall maintain at its expense throughout the terms of this Lease the following insurance coverage: (i) liability insurance for bodily injury and property damage against damage, costs and attorneys' fees arising out of accidents of any kind occurring on or about the Leased Premises with combined single limit liability coverage of not less than One Million Dollars and Zero Cents ($1,000,000.00) and property damage coverage of not less than One Hundred Thousand Dollars and Zero Cents ($100,000.00); (ii) fire and extended casualty insurance with sufficient coverage to reimburse the loss of all of Tenant's improvements to the Leased Premises, and all of Tenant's fixtures, equipment, personal property and inventory; and (iii) appropriate workmen's compensation and any and all other insurance required by law. c. WAIVER OF SUBROGATION. Except as otherwise provided for in this Section, Landlord and Tenant each hereby waives of itself and its insurers, its agents, officers or employees, for any loss or damage that may occur to the Leased Premises, or any improvements thereto of the Property, or any personal property of such party therein, by reason of fire, the elements or any other causes which are, or should be :insured against under the terms of insurance coverage referred to in this Section below, regardless of the cause or origin of the damage involved. d. CANCELLATION OF COVERAGE. No policy provided under this Section shall be cancelled or subject to reduction in coverage or other change without at least thirty (30) days advance written notice to the patties. All policies shall be written as primary policies not contributing with and not in excess of coverage the patties may carry. If either party fails to take out or keep in force any insurance referred to in this Section, or should any such Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 53 4.3.a insurance not be approved by the other party, such failure shall be deemed an event of default under this Lease. Upon receipt of written notice of such default, a party shall have ten (10) days to cure said default and procure, renew or otherwise comply with its obligations under this Section. The insurance described in this Section shall be provided effective as of the Commencement Date. 17. NOTICES All notices or other communications which may be given pursuant to this Lease shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to the Tenant and Landlord 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 certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier: To Landlord: The Black Archives History and Research Foundation of South Florida, Inc. 819 N.W. 2"d Avenue Miami, FL 33136 Attn: Kamila E. Pritchett, Executive Director To Tenant: Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2nd Avenue, 3rd Floor Miami, FL 33136 Attn: James McQueen, Executive Director With copy to: Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2"d Avenue, 3rd Floor Miami, FL 33136 Attn: Vincent T. Brown, Esq., Deputy Director/Staff Counsel 18. DEFAULT a. LANDLORD'S OBLIGATION LANDLORD'S OBLIGATION REMEDIES. In the event that: i. Tenant shall on three (3) or more occasions be in default in the payment of rent or other charges herein required to be paid by Tenant (default herein being defined as payment received by Landlord fifteen (15) or more days subsequent to the due date), regardless of whether or not such default has occurred on consecutive or non-consecutive months; or ii. Tenant has caused a lien to be filed against the Property and said lien is not removed within sixty (60) days of recordation thereof; or Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 54 4.3.a Tenant shall default in the observance or performance of any of the covenants and agreements required to be performed and observed by Tenant hereunder for a period of thirty (30) days after notice to Tenant in writing of such default (or if such default shall reasonably take more than thirty (30) days to cure, Tenant shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion); then Landlord shall be entitled to terminate this Lease by giving Tenant notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Leased Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to, but not beyond, the date of such termination, and Tenant shall surrender the Leased Premises to Landlord on the date specified in such notice. Landlord's remedies described above shall preclude pursuit of any other remedy or remedies provided in this Lease or any other remedy or remedies provided by law or in equity, separately or concurrently or in any combination. b. LANDLORD'S SELF-HELP. If Tenant shall default in the performance or observance of any agreement or condition contained in this Lease which is Tenant's responsibility to perform or observe and Tenant has failed to cure such default within thirty (30) days after notice from Landlord specifying the default (or if such default shall reasonably take more than thirty (30) days to cure, shall diligently prosecuted the same to completion), Landlord may, at its option, without waiving any claim for damages for breach of this agreement, at any time thereafter cure such default for the account of Tenant, and any amount paid or contractual liability incurred by Landlord in so doing shall be deemed paid or incurred for the account of Tenant and Tenant agrees to reimburse Landlord therefor and save Landlord harmless therefrom. Provided, however, that Landlord may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Tenant if any emergency situation exists, or after notice to Tenant, if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or Landlord's interest therein, or to prevent injury or damage to persons or property. If Tenant shall fail to reimburse Landlord upon demand for any amount paid for the account of Tenant hereunder, said amount shall be added to and become due as a part of the next payment of rent due and shall for all purposes be deemed and treated as rent hereunder. c. TENANT'S REMEDIES. In the event that Landlord shall default in the observance or performance of any of the covenants and agreements required to be performed and observed by Landlord herel.mder for a period of thirty (30) days after notice to Landlord in writing of such default (or if such default shall reasonably take more than thirty (30) days to cure, Landlord shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion), then Tenant shall be entitled to terminate this Lease by giving Landlord notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 55 4.3.a Landlord under this Lease shall expire and terminate, and Landlord shall remain liable for all obligations under this Lease arising up to the date of such termination. Tenant's pursuit of any remedy or remedies, including without limitation, any one or more of the remedies stated herein shall not constitute an election of remedies or preclude pursuit of any other remedy or remedies provided in this Lease or any other remedy or remedies provided by law or in equity, separately or concurrently or in any combination. d. TENANT'S SELF HELP. If Landlord shall default in the performance or observance of any agreement or condition in this Lease contained on its part to be performed or observed, and if Landlord shall not cure such default within thirty (30) days after notice from Tenant specifying the default (or, if such default shall reasonably take more than thirty (30) days to cure, and Landlord shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion), Tenant may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of Landlord and any amount paid or any contractual liability incurred by Tenant in so doing shall be deemed paid or incurred for the account of Landlord and Landlord shall reimburse Tenant therefor and save Tenant harmless therefrom. Provided, however, that Tenant may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Landlord if an emergency situation exists, or after notice to Landlord, if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or Tenant's interest therein or to prevent injury or damage to persons or property. If Landlord shall fail to reimburse Tenant upon demand for any amount paid or liability incurred for the account of Landlord hereunder, said amount or liability may be deducted by Tenant from the next or any succeeding payments of rent due hereunder. 19. TERMINATION Tenant reserves the right to terminate this Lease, at any time for any reason upon giving thirty (30) days written notice of termination to Landlord. If this Lease should be terminated as provided herein, Tenant shall be relieved of all obligations under this Lease. 20. SUBORDINATION Tenant shall, upon the request of Landlord in writing, subordinate this Lease to the lien of any present or future institutional mortgage upon the Leased Premises regardless of the time of execution or the time of recording of any such mortgage. Provided, however, that as a condition to such subordination, the holder of any such mortgage shall enter first into a written agreement with Tenant in form suitable for recording to the effect that: a. in the event of foreclosure or other action taken under the mortgage by the holder thereof, this Lease and the rights of Tenant hereunder shall not be disturbed but shall continue in full force and effect so long as Tenant shall not be in default hereunder; and b. such holder shall permit insurance proceeds and condemnation proceeds to be used for any restoration and repair required under this Lease. Tenant agrees that if the m0lgagee or any person claiming under the mortgagee shall succeed to the interest of Landlord in this Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 56 4.3.a Lease, Tenant will recognize said moltgagee or person as its Landlord under the terms of this Lease, provided that said mortgagee or person for the period during which said mortgagee or person respectively shall be in possession of the Leased Premises and thereafter their respective successors in interest shall assume all of the obligations of Landlord hereunder. The word "mortgage", as used herein includes mortgages, deeds of trust or other similar instruments, and modifications, and extensions thereof. The term "institutional mortgage" as used in this Section means a mortgage securing a loan from a bank (commercial or savings) or trust company, insurance company or pension trust or any other lender institutional in nature and constituting a lien upon the Leased Premises. 21. QUIET ENJOYMENT Landlord covenants and agrees that upon Tenant paying the rent and observing and perfoiining all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or interference from Landlord or any persons lawfully claiming through Landlord. 22. ZONING AND GOOD TITLE Landlord warrants and represents, upon which warranty and representation Tenant has relied in the execution of this Lease, that Landlord is the owner of the Leased Premises, in fee simple absolute, free and clear of all encumbrances, except for the easements, covenants and restrictions of record as of the date of this Lease. Such exceptions shall not impede or interfere with the quiet use and enjoyment of the Leased Premises by Tenant. Landlord further warrants and covenants that this Lease is and shall be a first lien on the Leased Premises, subject only to any Mortgage to which this Lease is subordinate or may become subordinate pursuant to an agreement executed by Tenant, and to such encumbrances as shall be caused by the acts or omissions of Tenant; that Landlord has full right and lawful authority to execute this Lease for the term, in the manner, and upon the conditions and provisions herein contained; that there is no legal impediment to the use of the Leased Premises as set out herein; that the Leased Premises are not subject to any easements, restrictions, zoning ordinances or similar governmental regulations which prevent their use as set out herein; that the Leased Premises presently are zoned for the use contemplated herein and throughout the term of this lease may continue to be so used therefor by virtue of said zoning, under the doctrine of "non -conforming use'1, or valid and binding decision of appropriate authority, except, however, that said representation and warranty by Landlord shall not be applicable in the event that Tenant's act or omission shall invalidate the application of said zoning, the doctrine of "non -conforming use" or the valid and binding decision of the appropriate authority. Landlord shall furnish without expense to Tenant, within thirty (30) days after written request therefor by Tenant, a title report covering the Leased Premises showing the condition of title as of the date of such certificate, provided, however, that Landlord's obligation hereunder shall be limited to the furnishing of only one such title report. 23. HOLDING OVER In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 57 4.3.a without any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. 24. FIXTURES All personal property, furnishings and equipment presently and all other trade fixtures installed in or hereafter by or at the expense of Tenant and all additions and/or improvements, exclusive of structural, mechanical, electrical, and plumbing, affixed to the Leased Premises and used in the operation of the Tenant's business made to, in or on the Leased Premises by and at the expense of Tenant and susceptible of being removed from the Leased Premises without damage, unless such damage be repaired by Tenant, shall remain the property of Tenant and Tenant may, but shall not be obligated to, remove the same or any part thereof at any time or times during the term hereof, provided that Tenant, at its sole cost and expense, shall make any repairs occasioned by such removal. 25. RIGHT OF FIRST REFUSAL If Landlord, at any time during the term of this Lease or any extension or renewal thereof, receives one or more bona fide offers from third parties to purchase the Property, or the demised premises therein, and any such offer is acceptable to Landlord, then Landlord agrees so to notify Tenant in writing, giving the name and address of the bona fide offeror and the price, terms and conditions of such offer, and Tenant shall have a period of not less than thirty (30) days from and after the receipt of such notice from Landlord in which to elect to purchase the Property for the consideration and on the terms and conditions contained in said bona fide offer. If Tenant does not elect to purchase or does not purchase said Property, and Landlord either sells or fails to sell the Property to any one or more of such third parties, who may make such offer or offers, then in any and all such events all of the terms, provisions, conditions, and privileges of this Lease, including this option, and the other rights and obligations of Tenant under this Lease shall continue in full force and effect. 26. MISCELLANEOUS PROVISIONS a. WAIVER. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights herelmder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion or a consent to or approval of any other action on the same or any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 58 4.3.a cumulative and shall not be deemed inconsistent with each other, and no one of them, whether exercised by said party or not, shall be deemed to be an exclusion of any other; and any two or more or all of such rights and remedies may be exercised at the same time. b. TIME IS OF THE ESSENCE. It is understood and agreed between the parties hereto that time is of the essence of this Lease, and as to all of the terms, conditions and provisions contained herein. Any time period herein described as ten (10) days or more shall mean calendar days; less than ten (10) days shall mean business days. c. AMENDMENT. This Lease may not be altered, changed, or amended, except by an instrument in writing, signed by the party against whom enforcement is sought. This Lease and any exhibits attached hereto shall constitute the entire agreement reached in all previous negotiations between the parties hereto and there are no other representations, agreements or understandings of any kind, either written or oral, except as specifically set forth herein. d. ESTOPPEL CERTIFICATES. At any time and from time to time, Landlord and Tenant each agree, upon request in writing from the other, to execute, acknowledge and deliver to the other or to any person designated by the other a statement in writing certifying that the Lease is unmodified and is in full force and effect, or if there have been modifications, that the same is in full force and effect as modified (stating the modifications), that the other party is not in default in the performance of its covenants hereunder, or if there have been such defaults, specifying the same, and the dates to which the rent and other charges have been paid. e. RECORDATION OF LEASE. Tenant, or anyone claiming under Tenant, shall not record this Lease or any memorandum thereof without the prior written consent of Landlord. Instead, Landlord may record a short form of memorandum (the "Memorandum") of this Lease. Within five (5) days of written request by Landlord, Tenant shall execute Landlord's Memorandum and promptly return same to Landlord. f. AUTHORITY. Landlord and Tenant duly certify that each possess the legal authority to enter into this Lease. A resolution, motion or similar action has been duly adopted as an official act of Tenant's governing body, authorizing the execution of this Lease, and identifying the official representative of Tenant to act in connection herewith and to provide such additional information as may be required by Landlord. In addition, Tenant warrants that it is not necessary for any other person, firm, corporation, or entity to join in the execution of this Lease to make Tenant's execution complete, appropriate and binding. g. SEVERABILITY. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. h. CAPTIONS. The captions of the Sections or subsections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 59 4.3.a shall mean, where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased Premises. If there is more than one Landlord, the covenants of Landlord shall be the joint and several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord shall be the joint and several obligations of each of the partners and the obligations of the firm. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of a joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. i. BROKERAGE. No party has acted as, by or through a broker in the effectuation of this Agreement, except as set out hereinafter. j. ENTIRE AGREEMENT. This instrument contains the entire and only agreement between the pal ties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. k. GOVERNING LAW. All matters pertaining to this agreement (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Miami - Dade County, State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. [Remainder of this page left intentionally blank] Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 60 4.3.a IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized as of the day and year above written. LANDLORD: THE BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., a Florida not - for -profit corporation By: Kamila E. Pritchett, Executive Director STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this _day of , 20_, by Personally Known OR Produced Identification Type of Identification Produced (NOTARY SEAL) NOTARY PUBLIC — STATE OF FLORIDA Print Name: Commission No.: Commission Expires: Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 61 4.3.a TENANT: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes By: By: Todd B. Hannon James McQueen Clerk of the Board Executive Director APPROVED AS TO FORM AND APPROVED AS TO INSURANCE LEGAL SUFFICIENCY: REQUIREMENTS: By: By: Vincent T. Brown Esq. Ann -Marie Sharpe, Director Deputy Director/Staff Counsel Division of Risk Management Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 62 4.3.a EXHIBIT A Address of the Property BLACK ARCHIVES HISTORIC LYRIC THEATRE LEGAL DESCRIPTION LYRIC SUBDIVISION PB 172-009 T-23435 TR A LOT SIZE 25231 SQ FT M/L FAU 01 0103 060 1010 THRU 1240 Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 63 4.3.a EXHIBIT B LEASED PREMISES AREA Attachment: File # 16398 - Exhibit A (16398 : Lease Agreement for SEOPW CRA's Office Space at the Black Archives Lyric Theatre.) Packet Pg. 64 EXHIBIT B City of Miami Legislation CRA Resolution: CRA-R-14-0002 4.3.b City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01222 Final Action Date: 1/27/2014 A RESOLUTION, WITH ATTACHMENTS, OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. FOR THE CRA'S OFFICE SPACEATTHE LYRIC THEATER COMPLEX, 819 NW 2ND AVENUE, MIAMI, FLORIDA, FORATERM OF THREE (3) YEARS, COMMENCING FEBRUARY 1, 2014, WITH RENT WAIVED FOR THE FIRST YEAR OF THE TERM, AND RENT SET AT $6,000 PER MONTH, OR AN ANNUAL AMOUNT OF $72,000, INCLUDING TAXES, UTILITIES, FOR THE SECOND AND THIRD YEARS OF THE TERM; FURTHER AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $35,000, FOR THE INSTALLATION OF THE CRA'S TELEPHONE SYSTEM AND OTHER MOVING EXPENSES IN CONNECTION WITH THE CRA'S RELOCATION TO THE LYRIC THEATER COMPLEX; FUNDS TO BE ALLOCATED FROM GENERAL OPERATING FUND ENTITLED "RENTAL AND LEASES," ACCOUNT CODE NO. 10030.920101.544000.0000.00000 AS FOLLOWS: $35,0000 DURING FY 2013/2014; $72,000 DURING FY 2014/2015; $72,000 DURING FY 2015/2016. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan (the "Plan"); and WHEREAS, Section 163.370(2)(e)2, Florida Statutes, authorizes the CRA to enter into leases for property; and WHEREAS, the CRA's offices are currently located at the Overtown Shopping Center, 1490 NW 3rd Avenue, Miami, Florida; and WHEREAS, the Board of Commissioners, by Resolution Nos. CRA-R-13-0020 and CRA-R-13-0038, authorized the expenditure of funds for the renovation of the Overtown Shopping Center; and WHEREAS, due to the renovation of the Overtown Shopping Center, the CRA is required to relocate its offices; and WHEREAS, the Black Archives, History and Research Foundation of South Florida, Inc. is finalizing the extensive rehabilitation of the Lyric Theater complex, which includes sufficient commercial office space to support the CRA's operations; and WHEREAS, BAF has agreed to waive rent payments for the first year of the CRA's term, and City of Miami Page 1 of 2 File Id: 13-01222 (Version: 3) Printed On: 10/19/2022 Packet Pg. 65 4.3.b File Number: 13-01222 Enactment Number: CRA-R-14-0002 set the monthly rent payment for the second and third year of the term at $6,000 per month, or an annual amount of $72,000, including any taxes, utilities; and WHEREAS, the Board of Commissioners wishes to authorize the Executive Director to execute a lease agreement, in substantially the attached form, with BAF for the CRA's office space at the Lyric Theater complex, for a term of three (3) years, commencing February 1, 2014, with rent waived for the first year of the term, and rent set at $6,000 per month, or an annual amount of $72,000, including taxes and utilities, for the second and third years of the term; and WHEREAS, the Board of Commissioners also wishes to authorize the expenditure of funds, in an amount not to exceed $35,000, for the installation of the CRA's telephone system and other moving expenses in connection with the CRA's relocation to the Lyric Theater complex; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners hereby authorizes the Executive Director to execute a lease agreement, in substantially the attached form, with the Black Archives, History and Research Foundation of South Florida, Inc. for the CRA's office space at the Lyric Theater complex, for a term of three (3) years, commencing February 1, 2014, with rent waived for the first year of the term, and rent set at $6,000 per month, or an annual amount of $72,000, including taxes and utilities, for the second and third years of the term. Section 3. The Board of Commissioners further authorizes the expenditure of funds, in an amount not to exceed $35,000, for the installation of the CRA's telephone system and other moving expenses in connection with the CRA's relocation to the Lyric Theater complex. Section 4. Funds are to be allocated from the General Operating Fund entitled "Rental and Leases," Account Code No. 10030.920101.544000.0000.00000 as follows: $35,000 during FY 2013/2014; $72,000 during FY 2014/2015; and $72,000 during FY 2015/2016. Section 5. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 2 File Id: 13-01222 (Version: 3) Printed On: 10/19/2022 Packet Pg. 66