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25257
AGREEMENT INFORMATION AGREEMENT NUMBER 25257 NAME/TYPE OF AGREEMENT SEOPW CRA & GROOVIN' BEAN LLC DESCRIPTION GRANT AGREEMENT/COFFEE SHOP LOCATED AT 801 NW 3RD AVENUE, UNIT 104, MIAMI, FLORIDA 33136/FILE ID: 16080/CRA-R-24-0042 EFFECTIVE DATE November 22, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/19/2024 DATE RECEIVED FROM ISSUING DEPT. 11/25/2024 NOTE a5a5I GRANT AGREEMENT This GRANT AGREEMENT ("Agreement") is made as of this 2 Zmpday of November 2024 ("Effective Date") by and between 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 ("SEOPW CRA"), and GROOVIN' BEAN LLC, a Florida limited liability company ("Grantee") (collectively, the "Parties"). RECITALS WHEREAS, the SEOPW CRA is a community redevelopment agency created pursuant to the Community Redevelopment Act of 1969, currently codified in, Part III, Chapter 163, Florida Statutes (the "Act"), and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update, as amended and restated (the "Plan"); and WHEREAS, pursuant to Florida Statutes, Section 163.340(9) of 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 of the Plan lists "[c]reat[ion] of jobs within the community," as a stated redevelopment goal; and WHEREAS, Section 2, Goal 6 of the Plan, lists "improv[ing] the quality of life for residents," as a stated redevelopment goal; and WHEREAS, Section 2, Principle 4 of the Plan promotes "a variety in employment opportunities" for existing residents, as a stated guided principle; and WHEREAS, Section 2, Principle 6 of the Plan promotes "address[ing], improv[ing] ... and expand[ing] economic opportunities of present and future residents and businesses" as a stated guided principle; and WHEREAS, Grantee, a Florida limited liability company, has its principal place of business located at 801 N.W. 3`d Avenue, Suite 104, Miami, Florida, 33136 and is need of support of the development and construction buildout of the Groovin' Bean Coffee Bar & Lounge at the foregoing address ("Project"); and WHEREAS, Grantee requested a grant from the SEOPW CRA in order to undertake the finalization of the Project ("Purpose"); and WHEREAS, on June 27, 2024, the SEOPW CRA Board of Commissioners passed and adopted Resolution No. CRA-R-24-0042, attached hereto as Exhibit "A", authorizing the issuance of a grant, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) (the "Grant"), to Grantee to underwrite costs associated with the Project; and WHEREAS, the Parties wish to enter into this Agreement to set forth the terms and conditions relating to the use of the Grant. NOW THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the SEOPW CRA and Grantee agree as follows: 1 1. RECITALS. The Recitals to this Agreement are true and correct and are incorporated herein by referenced and made a part hereof. 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the SEOPW CRA hereby agrees to make available to Grantee the Grant to be used for the purpose and disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant shall be used to assist with the Project during the Term of this Agreement, in accordance with the Project's approved scope of work and budget ("Project Budget"), attached hereto as Exhibit `B," attached hereto and incorporated herein. Grantee is aware that the SEOPW CRA is not obligated to expend additional funds beyond the approved Grant amount. 4. TERM. a. INITIAL TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate September 30, 2025, or when the Grant of Fifty Thousand Dollars and Zero Cents ($50,000.00) are expended, whichever occurs first. However, the following rights of the SEOPW CRA shall survive the expiration or early termination of this Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties, and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 5. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the terms and conditions contained in this Agreement, the SEOPW CRA shall make available to Grantee an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00). In no event shall payments to Grantee under this Agreement exceed Fifty Thousand Dollars and Zero Cents ($50,000.00). Payments shall be made to Grantee or directly to vendors on behalf of Grantee, only after receipt and approval of requests for disbursements in accordance with the approved Project Budget, as reflected in Exhibit "B." b. DEPOSIT OF GRANT FUNDS INTO SEPARATE CHECKING ACCOUNT. A separate checking account must be created for the sole purpose of depositing SEOPW CRA Grant funds, prior to the disbursement of any Grant funds. Said account shall not be used to deposit funds from other funding sources or to make payments other than to transfer funds to the Grantee's general operating checking account. c. REQUESTS FOR DISBURSEMENT OF FUNDS. All requests for the disbursement of Grant funds by Grantee shall be submitted in writing to the SEOPW CRA by Grantee's authorized representative prior to the termination of this Agreement. All such requests must be accompanied by supporting documents reflecting the use of funds and/or expenditures incurred, and that the request is being made in accordance with the approved Project Budget, as reflected in Exhibit `B," for expenditures incurred during the Term of this Agreement. For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Project shall be in Grantee's name, and not in the name of the SEOPW CRA in light of Grantee's inability to bind the SEOPW CRA to any legal and/or monetary obligation whatsoever. The SEOPW CRA reserves the right to request additional supporting documentation for any expenditures, and the SEOPW CRA reserves the right to deny any and all requests it deems to be outside of the approved Project Budget. Grantee's failure to provide additional supporting documentation or explanation regarding expenses incurred, when requested by the SEOPW CRA, shall serve as grounds for immediate termination of this Agreement, and Grantee solely shall bear all costs associated with any expenditures not approved by the SEOPW CRA. 2 d. PRE -APPROVAL OF EXPENSES. Grantee agrees to submit to the SEOPW CRA all requests for the expenditure of Grant funds for pre -approval by the SEOPW CRA. Failure to submit said requests prior to incurring expenses may result in the Grantee bearing the costs incurred. The SEOPW CRA shall review said requests to ensure that the expense sought to be incurred by the Grantee is an expense within the approved Project Budget, attached hereto as Exhibit "B," and the SEOPW CRA reserves the right to deny any and all requests it deems to be outside of the approved Project Budget. e. APPROVAL OF BUDGET MODIFICATIONS. Grantee agrees to submit any and all budget modifications, in writing, including line -item expenditures and descriptions, which exceed the budgeted amount, to the Executive Director for approval. f. CASH AND MOBILE PAYMENT TRANSACTIONS PROHIBITED. The Parties agree that no payment will be made to Grantee as a reimbursement for any Project -specific expenditure paid in cash or via mobile payment application(s), including, but not limited to, Cash App, Zelle, PayPal, and Venmo. Grantee acknowledges that cash and mobile payment transactions are insufficient per se to comply with record -keeping requirements under this Agreement. g. NO ADVANCE PAYMENTS. The SEOPW CRA shall not make advance payments to Grantee or Grantee's vendors for services not performed or for goods, materials, or equipment which have not been delivered to Grantee for use in connection with the Project. 6. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the Grant is subject to specific reporting, record keeping, administrative, and contracting guidelines and other requirements affecting the SEOPW CRA activities in issuing the funds. SEOPW CRA agrees to provide notice of said guidelines and other requirements to the Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, the Grantee represents and warrants that it will comply, and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules, and regulations. 7. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Agreement, the SEOPW CRA shall have the right to take one or more of the following actions: a. Withhold cash payments, pending correction of the deficiency by Grantee; b. Recover payments made to Grantee; c. Disallow (that is, deny the use of the grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Project; or e. Take such other remedies that may be legally permitted. 8. RECORDS AND REPORTS/AUDITS AND EVALUATION. a. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the SEOPW CRA audit rights in Section 8(c) below, Grantee acknowledges and accepts the SEOPW CRA right to access Grantee's records, legal representatives' and contractors' records, and the obligation of Grantee to retain and to make those records available upon request, and in accordance with all applicable laws. Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, Grantee's contractors and subcontractors must make available, upon the SEOPW CRA request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, 3 examination, excerpts, and transcriptions. Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Project for a period of five (5) years after the expiration, early ternunation or cancellation of this Agreement. b. REPORTS. Grantee shall deliver to the SEOPW CRA reports relating to the use of Grant as requested by the SEOPW CRA, from time to time and as detailed herein. Failure to provide said reports shall result in funds being withheld until Grantee has complied with this provision. Thereafter, continued failure by Grantee in providing such reports shall be considered a default under this Agreement. c. AUDIT RIGHTS. SEOPW CRA shall have the right to conduct audits of Grantee's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities. Grantee agrees to cooperate with the SEOPW CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. d. FAILURE TO COMPLY. Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the SEOPW CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA. 9. UNUSED FUNDS. Upon the expiration of the Term of this Agreement, Grantee shall transfer to the SEOPW CRA any unused funds on hand at the time of such expiration, as defined in Section 4 of this Agreement. 10. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grantee shall be submitted to the SEOPW CRA for review and approval in accordance with the terms set forth in this Agreement. Grantee, through its authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in accordance with the approved Project Budget set forth in Exhibit "B." b. EXPENDITURES. Grant funds disbursed under this Agreement shall be used solely for the Project in accordance with the approved Project Budget set forth in Exhibit "B." All expenditures of funds shall be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. This Grant shall not be co -mingled with any other funds, and separate accounts and accounting records shall be maintained. d. POLITICAL ACTIVITIES. No expenditure of this Grant shall be used for political activities. e. LIABILITY GENERALLY. Grantee shall be liable to the SEOPW CRA for the amount of the Grant expended in any manner inconsistent with this Agreement. f. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the part of, and has been, or will be, duly executed and delivered by Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan, or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other agreement or instrument to which Grantee is a party; or (iii) contravenes or results in any breach of, or default 4 under any other agreement to which Grantee is a party, or results in the creation of any lien or encumbrancesupon any property of Grantee. 11. NON-DISCRIMINATION. Grantee, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate on the basis of race; sex, color, religion, national origin, age, disability, or any . . other protected class prescribed by law in connection with its performance under this Agreement. Furthermore, Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her/their race, sex, color, religion, national origin, age, disability, or any other member of a protected class be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any Project or activity receiving financial assistance pursuant to this Agreement. 12. CONFLICT OF INTEREST. Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Agreement by Grantee. Grantee covenants, represents, and warrants that it will comply with all such conflict -of -interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Miami -Dade County Code, Section 2-11.1. 13. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, or change in regulations. The SEOPW CRA shall not be liable to Grantee for amendment or termination of this Agreement pursuant to this Section. 14. MARKETING. a. PUBLICATION. In the event Grantee wishes to engage in any marketing efforts, Grantee shall, if approved by the SEOPW CRA in accordance with Section 14(b) below, produce, publish, advertise, disclose, or exhibit the-SEOPW CRA name and/or logo, in acknowledgement of the SEOPW CRA contribution to the Project, in all forms of media and communications created by Grantee for the purpose of publication, promotion, illustration, advertising, trade, or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or interne advertisements, or interviews. b. APPROVAL. The SEOPW CRA shall have the right to approve the form and placement of all acknowledgements described in Section 14(a) above, which approval shall not be unreasonably withheld. c. LIMITED USE. Grantee further agrees that the SEOPW CRA name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in Grantee's use of the SEOPW CRA name and logo, confers or may be construed as conferring upon Grantee any right, title, or interest whatsoever in the SEOPW CRA name and logo beyond the right granted in this Agreement. d. SEOPW CRA CONSTRUCTION SIGN. The Grantee shall display, and cause to be displayed, at the Property, in a prominent, most visible area to the public, a sign displaying the SEOPW CRA logo, and the SEOPW CRA's monetary contribution to the Project ("Construction Signage"). The Grantee shall display, and cause to be displayed, the Construction Signage until the Project is complete. The Construction Signage shall be paid for by the Grantee and the Construction Signage specifications will be provided by the SEOPW CRA. The SEOPW CRA shall approve the location of the Construction Signage prior to its installation. 5 15. DEFAULT. If Grantee fails to comply with any term or condition of this Agreement, or fails to perform any of Grantee's obligations hereunder, and Grantee does not cure such failure within thirty (30) days following receipt of written notice from the SEOPW CRA that such failure has occurred, then Grantee shall be in default. Upon the occurrence of such default hereunder the SEOPW CRA, in addition to all remedies available to it by law, may immediately, upon written notice to Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW CRA directly to Grantee and utilized by Grantee in violation of this Agreement shall be immediately returned to the SEOPW CRA. Grantee understands and agrees that termination of this Agreement under this section shall not release Grantee from any obligation accruing prior to the effective date of termination. 16. NO LIABILITY. In consideration for the issuance of Grant funds under this Agreement, Grantee hereby waives, releases, and discharges the SEOPW CRA, the City, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to Grantee, its officers, directors, members, employees, agents, or representatives, with respect to any of the provisions of this Agreement or performance under this Agreement. Any liability of the SEOPW CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 17. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the SEOPW CRA, Grantee may only seek specific performance of this Agreement and any recovery shall be limited to the funding authorized for the services provided herein. In no event shall the SEOPW CRA be liable to the Grantee for any additional compensation, other than that provided herein, and/or required in the approved Project Budget attached hereto as Exhibit "B." 18. INDEMNIFICATION OF THE SEOPW CRA. Grantee agrees to indemnify, defend, protect and hold harmless the SEOPW CRA and the City of Miami from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Agreement or the Project, including risk of loss of artwork on display, or otherwise stored within public premises for the duration of this Agreement or the Project, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the SEOPW CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the SEOPW CRA; or (ii) the failures of the Grantee to comply with any of the paragraph's provisions herein; or (iii) the failure of the Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement. Grantee expressly agrees to indemnify and hold harmless the SEOPW CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Project, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. 19. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance coverage as provided in Exhibit "C", attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the SEOPW CRA, or the City of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Project under this Agreement without thirty (30) 6 calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA. Completed Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any time upon request by SEOPW CRA file duplicate copies of the policies of such insurance with the SEOPW CRA. If, in the reasonable judgment of SEOPW CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different -in kind SEOPW CRA reserves the right to require the provision by Grantee of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following SEOPW CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, SEOPW CRA shall pay Grantee expenses incurred for the Project, prior to the date of termination but shall not be liable to Grantee for any additional compensation, or for any consequential or incidental damages. 20. DISPUTES. In the event of a dispute between the SEOPW CRA and Grantee as to the terms and conditions of this Agreement, the parties shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the parties agree to resolve any disputes between them arising from the alleged violation of the terms of this Agreement, in accordance with Section 18-105, of the Code of the City of Miami, as amended ("City Code"). 21. INTERPRETATION. a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe, or amplify the terms and provisions of this Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the SEOPW CRA and Grantee relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. c. CON 1RACTUAL INTERPRETATION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. d. COVENANTS. Each covenant, agreement, obligation, term, condition, or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. e. CONFLICTING TERMS. In the event of a conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. 7 f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. g. SEVERABILITY. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable; and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto. 22. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 23. DOCUMENT OWNERSHIP. Upon request by the SEOPW CRA, all documents developed by Grantee shall be delivered to the SEOPW CRA upon completion of this Agreement, and may be used by the SEOPW CRA, without restriction or limitation. Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the SEOPW CRA to Grantee pursuant to this Agreement shall at all times remain the property of the SEOPW CRA and shall not be used by Grantee for any other purpose whatsoever, without the written consent of the SEOPW CRA. 24. AWARD OF AGREEMENT. Grantee warrants that it has not employed or retained any person employed by the SEOPW CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the SEOPW CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant funds. 25. NON-DELEGABILITY. The obligations of Grantee under this Agreement shall not be delegated or assigned to any other party without the SEOPW CRA prior written consent which may be withheld by the SEOPW CRA, in its sole discretion. 26. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 27. TERMINATION. The SEOPW CRA reserves the right to terminate this Agreement, at any time for any reason upon giving five (5) days written notice of termination to Grantee. Should the SEOPW CRA terminate this Agreement, the SEOPW CRA will be relieved of all obligations under this Agreement. In no way shall the SEOPW CRA be subjected to any liability or exposure for the termination of this Agreement under this Section. 28. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. 8 To SEOPW CRA: James McQueen, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2°d Avenue, 3rd Floor Miami, FL 33136 Email: JMcQueen@mianugov.com With copies to: Vincent T. Brown, Esq., Staff Counsel Email: VTbrown@iniamigov.com To Grantee: Groovin' Bean LLC c/o Keon Lewis 801 N.W. 3' Avenue, Suite 104 Miami, FL 33136 Email: keon12@yahoo.com 29. INDEPENDENT CONTRACTOR. Grantee, its contractors, subcontractors, employees, agents, and participants in the Project shall be deemed to be independent contractors, and not agents or employees of the SEOPW CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the SEOPW CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the SEOPW CRA. 30. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 31. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. The facsimile or other electronically delivered signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. 32. MISCELLANEOUS. a. In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Time shall be of the essence for each and every provision of this Agreement. c. All exhibits attached to this Agreement are incorporated in, and made a part of this Agreement. [Signature Page Follows] 9 IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the SEOPW CRA and Grantee have executed this Agreement. 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 ATTEST: e: Todd Title: Clerk of the Board Title: Executive Director APPROVED AS TO FORM AND APPROVED AS TO INSURANCE LEGAL SUFFICIENCY REQUIREMENTS: By: �� By: Name: Vincent T. Brown, Esq. Name: Ann -Marie Sharpe Title: Director of Risk Management Title: Staff Counsel WITNESSES: By: Print: e/4 5,41 ! r, By: Print: fin ton ff r 1,31,, 10 GROOVIN' BEAN, LLC, A Florida Limited Liability Company By: Keon Lewis, Owner/Operator IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the SEOPW CRA and Grantee have executed this Agreement. 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 ATTEST: By: By: Name: Todd B. Hannon Name: James D. McQueen Title: Clerk of the Board Title: Executive Director APPROVED AS TO FORM AND APPROVED AS TO INSURANCE LEGAL SUFFICIENCY REQUIREMENTS: r—DocuS igned by: By: By: FVrA.t4 O141(.11) Name: Vincent T. Brown, Esq. Nam' AiMea3ipe Title: Director of Risk Management Title: Staff Counsel WITNESSES: By: Print: /`t /411 /C e4 5/l 17/t By: Print: AIN/TrUr t219 1 GROOVIN' BEAN, LLC, A Florida Limited Liability Company By: Keon Lewis, Owner/Operator 10 CAMIbII Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-24-0042 File Number: 16080 Final Action Date:6/27/2024 A RESOLUTION OF THE BOARD OF COMMISSIONERS 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 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA, TO SUPPORT CONSTRUCTION AND DEVELOPMENT AT THE GROOVIN' BEAN, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("GROOVIN' BEAN"), COFFEE SHOP LOCATED AT 801 N.W. 3RD AVENUE, UNIT 104, MIAMI, FLORIDA 33136, AND WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE SEOPW CRA; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISPERSE 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, FROM THE CORRESPONDING ACCOUNT NO., IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($50,000.00) ("FUNDS") ALLOCATED AS $40,000.00 - NON TIF FUNDS — OTHER CURRENT CHARGE AND OBLIGATIONS, ACCOUNT NO.10050.920101.549000.0000.00000 AND $10,000.00 - OTHER GRANTS AND AIDS, ACCOUNT NO. 10050.920101.883000.0000.00000; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE GENERAL 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 Southeast Overtown/Park West Redevelopment Plan Update (the "Plan"); and WHEREAS, Section 2, Goals 4, of the Plan, "creat[ion of] jobs within the community" as stated redevelopment goals; and WHEREAS, Section 2, Goals 6, of the Plan, "improving quality of life for residents" as stated redevelopment goals; and City of Miami Page 1 of 3 File ID: 16080 (Revision: A) Printed On: 8/21/2024 I AI1IbI I H File ID: 16080 Enactment Number: CRA-R-24-0042 WHEREAS, Section 2, Principles 6, of the Plan, "address and improve the neighborhood economy and expand the economic opportunities of present and future residents and businesses," as stated redevelopment principles; and WHEREAS, Groovin' Bean, LLC, a Florida limited liability company ("Groovin' Bean"), is requesting Fifty Thousand Dollars and Zero Cents ($50,000.00) ("Funds") to support the development and construction buildout of the Groovin' Bean coffee shop located at 801 N.W. 3rd Avenue, Unit 104, Miami, Florida, 33136; and WHEREAS, the Groovin' Bean coffee shop provides a location where individuals can connect with the community and enjoy innovations with handcrafted beverages, freshly prepared food, selections of events, workshops, and live performances; and WHEREAS, within the Overtown community, Groovin' Bean has fostered meaningful connections among its patrons and as a small business is experiencing challenges due to a shift in consumer behavior; and WHEREAS, the requested Funds will be used towards the construction and development which will allow the Groovin' Bean coffee shop to adapt and grow; and WHEREAS, the Board of Commissioners wishes to authorize funding in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) ("Funds") to Groovin' Bean for the purpose stated herein; and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA 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, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, and to authorize the Executive Director to negotiate and execute any and all documents necessary, all in forms acceptable to the General Counsel, with Groovin' Bean for the provision of grant Funds for the purpose stated herein and subject to the availability of funds; 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. 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, pursuant to Section 18-85 of the City Code, as adopted by the SEOPW CRA, to support construction and development at the Groovin' Bean, LLC, a Florida limited liability company ("Groovin' Bean"), coffee shop located at 801 N.W. 3rd Avenue, Unit 104, Miami, Florida 33136 , and waiving the requirements for said procedures is hereby ratified, approved, and confirmed. City of Miami Page 2 of 3 File ID: 16080 (Revision: A) Printed on: 8/21/2024 I Ar1IbI I File ID: 16080 Enactment Number: CRA-R-24-0042 Section 3. The Executive Director is hereby authorized' to disperse funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation from the corresponding Account No. in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) ("Funds") allocated as $40,000.00 - Non TIF funds — Other Current Charge and Obligations, Account No.10050.920101.549000.0000.00000 and $10,000.00 - 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 the General 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: iced Bra -&i Counsel 8/2/2024 V ice Brooi tt Counsel 6/6/2024 ' 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. City of Miami Page 3 of 3 File ID: 16080 (Revision: A) Printed on: 8/21/2024 EXHIBIT "B" Keon Lewis Owner Operator Groovin' Bean Coffeeshop 801 NW 3 Ave Unit 104 Miami, FL KeonL2@yahoo.com 305-479-7952 April 11, 2024 Community Revitalization Association SEOPW CRA James McQueen, Director 819 NW 2nd Ave Miami, FI 33136 James McQueen: hope this letter finds you in good spirits. I am writing to you on behalf of Groovin' Bean Coffeeshop, a cherished establishment in our community, to request financial support in the amount of $50,000. Groovin' Bean has been an integral part of our neighborhood for 6 years, serving as more than just a coffee shop but as a vital gathering place where individuals come together to connect, create, and find solace in community. Over the years, we have worked tirelessly to cultivate a welcoming atmosphere and provide top-quality products and services to our patrons. However, like many small businesses, Groovin' Bean has faced significant challenges, exacerbated by recent economic downturns, and shifts in consumer behavior. Despite our best efforts to adapt and innovate, we find ourselves in need of financial assistance to ensure the sustainability and growth of our beloved establishment. We are requesting $50,000 to support the following key initiatives: Operational Stability: Your generous contribution will help us cover essential operating expenses, including rent, utilities, payroll, and inventory costs. By alleviating this financial burden, we can focus our efforts on providing the best possible experience for our customers and sustaining our day-to-day operations. Marketing and Promotion: To attract new customers and retain existing ones, it is essential that we invest in marketing and promotional efforts. Your support will enable us to launch targeted marketing campaigns, develop engaging content, and leverage social media platforms to raise awareness of Groovin' Bean and drive foot traffic to our establishment. Equipment Upgrades and Maintenance: As our equipment ages, it becomes increasingly important to invest in upgrades and maintenance to ensure smooth operations and maintain product quality. Your EXHIBIT "B" contribution will allow us to invest in new espresso machines, coffee grinders, brewing equipment, and other essential tools to enhance efficiency and consistency in our operations. Community Engagement and Events: Groovin' Bean is more than just a coffee shop - it is a vibrant community hub where individuals come together to connect, collaborate, and celebrate. Your support will enable us to continue hosting events, workshops, and live performances that enrich the cultural fabric of our neighborhood and foster meaningful connections among our patrons. We recognize the significance of the amount we are requesting and assure you that every dollar will be used judiciously and with the utmost care. We are committed to transparency and accountability in our financial management practices, and we would be happy to provide detailed information on how the funds will be allocated and utilized. In return for your generous support, we would be honored to recognize your contribution through various channels, including signage in our establishment, social media shoutouts, and mentions in our marketing materials. Additionally, we would be happy to explore opportunities for collaboration or partnership that align with your organization's goals and objectives. We understand that these are challenging times for everyone, and we are deeply grateful for your consideration of our request. Your support would not only provide much -needed financial assistance to Groovin' Bean but would also reaffirm your commitment to supporting small businesses and strengthening our local community. Thank you for your time, attention, and support. Should you have any questions or require further information, please do not hesitate to contact me directly at 305-479-7952 or KeonL2@yahoo.com. We look forward to the possibility of partnering with you to ensure the continued success and vibrancy of Groovin' Bean Coffeeshop. Owner Groovin' Bean Coffeeshop EXHIBIT "B" Groovin' Bean: Brewing the Rhythm of Community In the heart of Overtown, nestled amongst the bustling streets and vibrant culture, lies a haven where the aroma of freshly brewed coffee dances through the air. Groovin' Bean, a cornerstone of this urban landscape, has been serving up more than just caffeine for the past two decades. As we delve into the rich tapestry of its past and present, we unravel the story of a coffeehouse that has become synonymous with community, creativity, and of course, great coffee. The inception of Groovin' Bean traces back to the early 2018, a time when coffee culture was beginning to take root in cities across the globe. In 2018, inspired by the burgeoning scene and a passion for bringing people together in Overt Town, founders Keon and Monique opened the doors to their dream — a cozy, eclectic coffee shop where individuals could gather, connect, and find respite from the daily grind. Located in a renovated historic building, Groovin' Bean quickly became a hub for artists, musicians, students, and professionals alike. In its early years, Groovin' Bean distinguished itself not only through its carefully crafted espresso beverages but also through its commitment to showcasing local talent. Open mic nights, art exhibitions, and live music performances transformed the space into a platform for creativity and expression. The walls adorned with paintings from neighborhood artists and the air filled with the soulful melodies of emerging musicians, Groovin' Bean transcended the role of a mere coffeehouse, evolving into a cultural landmark within the community. As the years passed, Groovin' Bean continued to evolve, adapting to the changing tastes and preferences of its clientele. While remaining true to its roots of fostering community and creativity, the coffee shop expanded its menu to include an array of specialty drinks, pastries, and light fare. With an emphasis on quality ingredients and sustainable practices, Groovin' Bean earned a reputation not only for its exceptional coffee but also for its commitment to social responsibility. Today, as Groovin' Bean celebrates its 6th year in business, it stands as a testament to the enduring power of community and collaboration. The coffee shop continues to serve as a gathering place for people from all walks of life, fostering connections and conversations that transcend boundaries. Whether it's a group of friends catching up over lattes, a local artist showcasing their latest work, or a musician serenading the crowd with acoustic melodies, Groovin' Bean remains a beacon of warmth and inclusivity in an ever -changing world. Looking ahead, Groovin' Bean remains committed to its core values while embracing new opportunities for growth and innovation. With plans to expand its reach through online sales and community outreach initiatives, the coffee shop seeks to deepen its impact and reach an even wider audience. As it embarks on the next chapter of its journey, Groovin' Bean remains steadfast in its mission to brew not only great coffee but also the rhythm of community. In conclusion, Groovin' Bean's journey from its humble beginnings in 2018 to its current status as a beloved institution is a testament to the enduring appeal of community, creativity, and quality. For 6 years, this coffeehouse has served as more than just a place to grab a cup of coffee —it's been a gathering place, a stage for local talent, and a cornerstone of the neighborhood. As it looks to the future, Groovin' Bean remains committed to its roots while embracing new opportunities for growth and EXHIBIT "B" innovation. With its rich history and unwavering dedication to its patron's, Groovin' Bean is poised to continue brewing the rhythm of community for years to come. EXHIBIT "B" Groovin' Bean Company's goals can be summarized as follows: 1. Community Engagement: Groovin' Bean aims to foster a sense of community by providing a welcoming space where individuals can connect, collaborate, and build relationships. The company strives to be more than just a coffee shop, serving as a cultural hub and a catalyst for meaningful interactions within the neighborhood. 2. Quality and Excellence: Groovin' Bean is committed to delivering exceptional quality in every aspect of its operation, from the sourcing of its coffee beans to the preparation of its food and beverages. The company prioritizes excellence and consistency to ensure that customers receive the highest standard of products and service. 3. Creativity and Innovation: Groovin' Bean seeks to inspire creativity and innovation by offering a diverse range of experiences and activities, including open mic nights, art exhibitions, and live music performances. The company aims to provide a platform for local talent to showcase their skills and contribute to the vibrant cultural scene of the community. 4. Social Responsibility: Groovin' Bean is dedicated to making a positive impact on both the community and the environment. The company supports local farmers and suppliers, practices environmentally sustainable methods, and strives to give back to the community through various initiatives and partnerships. Overall, Groovin' Bean Company's goals revolve around creating a welcoming and inclusive space, delivering high -quality products and experiences, fostering creativity and innovation, and upholding values of social responsibility and sustainability. EXHIBIT "B" The proven success of Groovin' Bean Coffeeshop can be attributed to a combination of factors that have consistently resonated with its clientele and contributed to its enduring popularity and impact within the community. From its inception, Groovin' Bean has prioritized several key elements that have been instrumental in shaping its success story. First and foremost, Groovin' Bean has cultivated a strong sense of community. From the beginning, the coffee shop has served as a gathering place where individuals from diverse backgrounds can come together, connect, and engage in meaningful interactions. By fostering a welcoming and inclusive environment, Groovin' Bean has created a sense of belonging for its patrons, many of whom have formed lasting friendships and relationships within its walls. This emphasis on community has not only contributed to customer loyalty but has also helped to establish Groovin' Bean as a cultural hub within the neighborhood. Additionally, Groovin' Bean has differentiated itself through its commitment to quality. From the beans sourced for its coffee to the ingredients used in its food offerings, the coffee shop has consistently prioritized excellence in every aspect of its operation. By offering high -quality, handcrafted beverages and freshly prepared food items, Groovin' Bean has earned a reputation for excellence that has helped to distinguish it from competitors. This dedication to quality has not only resulted in satisfied customers but has also contributed to positive word-of-mouth recommendations and repeat business. Another key factor in Groovin' Bean's success is its focus on creativity and innovation. From its rotating selection of specialty drinks to its ever -changing lineup of events and activities, the coffee shop is constantly introducing new and exciting experiences for its patrons. Whether it's hosting open mic nights, art exhibitions, or live music performances, Groovin' Bean provides a platform for local talent to showcase their skills and connect with the community. This emphasis on creativity and innovation not only keeps customers coming back for more but also helps to reinforce the coffee shop's reputation as a dynamic and vibrant destination. Furthermore, Groovin' Bean has embraced social responsibility as a core value. From its support of local farmers and suppliers to its commitment to environmentally sustainable practices, the coffee shop strives to make a positive impact on both the community and the planet. By aligning its business practices with ethical and sustainable principles, Groovin' Bean has earned the trust and respect of its customers, many of whom appreciate the coffee shop's efforts to make a difference in the world. In conclusion, the proven success of Groovin' Bean Coffeeshop can be attributed to its strong sense of community, commitment to quality, focus on creativity and innovation, and dedication to social responsibility. By prioritizing these key elements, the coffee shop has not only established itself as a beloved institution within the neighborhood but has also earned a loyal following of customers who value its unique blend of hospitality, excellence, and integrity. As it continues to evolve and grow, Groovin' Bean remains poised to build on its success and make an even greater impact in the years to come. EXHIBIT "B" Groovin' Bean Pre opening Exp Reimburment to Landlord Equipment Pest Control -fogging equipment Heavy Duty Pressure washing Security Deposits for lease 2 months„ FIP, Gas Co, Insurance Construction Licenses Update Total Pre Opening Expenses *Construction to include repair bar damage and leak $20,000 $10,000 $1,800 $1,200 $5,000 $10,000 $2,000 $50,000 Needed to pay back rent owed to purchase al espresso machine, pastry displays, POS Sysytem Needed to fumigate after being closed for over a year Need to presssure washing after being closed for over ayear Need for land lord to cover 2 months Need to repair leak and bar structure Needed to update busines licenses EXHIBIT "B" vCla O a v •) Liked by tlhNKonMon and 13 *then yoorinbean *flashback of 2019 Coffee with a Cap Ocmho 2. 2021 Vb. AtlitiMS OC» sail tiled W « andV1.b 23 Morn New 1 G9nmv4 awes, y m22 EXHIBIT "C" INSURANCE REQUIREMENTS CONSTRUCTION REQUIREMENTS GROOVIN BEAN, LLC. I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami & SEOPWCRA listed as an Additional Insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami & SEOPWCRA listed as an additional insured a. City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, Florida 33136 III. Worker's Compensation EXHIBIT "C" Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 Aggregate $ 1,000,000 City of Miami & SEOPWCRA listed as an additional insured. Coverage is excess follow form over all liability polices contained herein. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. ACOO® R d_ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/21/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Next First Insurance Agency, Inc. PO BOX 60787 Palo Alto, CA 94306 CONTACT NAME: PHONE (855) 222-5919 FAX IA/C, No. Ext): (A/C, No): E-MAIL ADDRESS: pp su ort@nextinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: State National Insurance Company, Inc. 12831 INSURED Groovin Bean LLC 801 NW 3rd Ave Ste 104 Miami, FL 33136 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 140267865 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X NXT7CFD9TP-00-GL 10/10/2024 10/10/2025 EACH OCCURRENCE $1,000,000.00 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000.00 CLAIMS -MADE X OCCUR MED EXP (Any one person) $15,000.00 PERSONALBADVINJURY $1,000,000.00 GENERAL AGGREGATE $2,000,000.00 GEN'LAGGREGATE X POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000.00 $ AUTOMOBILE _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY J SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X NXT7CFD9TP-00-GL 10/10/2024 10/10/2025 EACH OCCURRENCE $ 1,000,000.00 AGGREGATE $ 1,000,000.00 $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is City of Miami. This Certificate Holder is an Additional Insured on the General Liability policy and Umbrella/Excess Liability policy on a primary and non-contributory basis. All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Miami 3500 Pan American Dr Miami, FL 33133 El Click or scan to view SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �® �VR A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/21/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Next First Insurance Agency, Inc. PO BOX 60787 Palo Alto, CA 94306 CONTACT NAME: PHONE (g55) 222-5919 FAX (A/C No Ext): (A/C, No): E-MAIL ADDRESS: support@nextinsurance.com ort@nextinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: State National Insurance Company, Inc. 12831 INSURED Groovin Bean LLC 801 NW 3rd Ave Ste 104 Miami, FL 33136 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 838758002 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X NXT7CFD9TP-00-GL 10/10/2024 10/10/2025 EACH OCCURRENCE $1,000,000.00 DAMAGE TO RENTED PREMISES Ea occurrence) $100,000.00 CLAIMS -MADE X OCCUR MED EXP (Any one person) $15,000.00 PERSONAL&ADVINJURY $1,000,000.00 GENERAL AGGREGATE $2,000,000.00 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PE� PER: LOC PRODUCTS - COMP/OP AGG $2,000,000.00 $ AUTOMOBILE _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X NXT7CFD9TP-00-GL 10/10/2024 10/10/2025 EACH OCCURRENCE $ 1,000,000.00 AGGREGATE $ 1,000,000.00 $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is Southeast Overtown/ Park West Community Redevelopment Agency (SEOPW CRA). This Certificate Holder is an Additional Insured on the General Liability policy and Umbrella/Excess Liability policy on a primary and non-contributory basis. All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Southeast Overtown/ Park West Community LIVE CERTIFICATE Redevelopment Agency (SEOPW CRA) 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 819 NW 2nd Ave Miami, FL 33136 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. y} j'�-•°,'rc:•{ . ?'� ?y ; ..,••'F,{ i� } : AUTHORIZED REPRESENTATIVE al'''-' 'fr'--' 0 1-:-'..41!il.i,- I Click or scan to view ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD October 18, 2024 James McQueen Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 RE: Grant Agreement and Insurance Coverage Mr. McQueen, This correspondence serves to advise you that Groovin' Bean LLC. does not employ four (4) or more individuals, and in turn, is not required to obtain workers' compensation coverage. Additionally, the Corporation does not maintain automobile insurance coverage given that the Corporation neither owns an automobile, nor utilizes automobiles that are hired, borrowed, or otherwise non -owned. Should you have any questions or require additional information, please feel free to contact my office. Keon Lewis Owner a 5a51