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HomeMy WebLinkAbout25264AGREEMENT INFORMATION AGREEMENT NUMBER 25264 NAME/TYPE OF AGREEMENT OMNI CRA & CECILIA STEWART DESCRIPTION RESIDENTIAL BEAUTIFICATION GRANT AGREEMENT/REIMBURSEMENT OF COSTS ASSOCIATED WITH REPAIRS/FILE ID: 15951/CRA-R-24-0026/MATTER ID: 24- 2872 EFFECTIVE DATE November 26, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/26/2024 DATE RECEIVED FROM ISSUING DEPT. 12/2/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL RESIDENTIAL BEAUTIFICATION GRANT AGREEMENT BY AND BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND CECILIA STEWART THIS BEAUTIFICATION GRANT AGREEMENT is entered into as of the day of November , 2024, by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, with principal address at 1401 N. Miami Avenue, Miami Florida 33136 ("CRA"), and Cecilia Stewart ("GRANTEE"), an individual over the age of 21, and property Owner of the property located within the CRA boundaries at 1899 NW 1st Court Miami, Florida 33136 ("PROPERTY"). RECITALS WHEREAS, GRANTEE submitted a grant application directly to the CRA requesting Nine Thousand Two Hundred Forty Dollars ($9,240.00), attached and incorporated herein as Exhibit "A" for reimbursement of costs associated with repairs, including, but not limited to the following: the exterior painting, stucco repair, metal fence painting and back porch screen replacement at the Property; and WHEREAS, on April 25, 2024, the CRA adopted CRA-Resolution No. CRA-R-24-0026, attached and incorporated as Exhibit "B" ("Authorizing Resolution"), which authorized the Beautification Grant Program ("Program") for the purposes of enhancing visual attractiveness in the OMNI Redevelopment Area ("Area"); and WHEREAS, pursuant to the Authorizing Resolution, the Program authorizes the Executive Director of the CRA ("EXECUTIVE DIRECTOR") to disburse funds from the Program, at her discretion, as a reimbursement to the GRANTEE or directly to the GRANTEE'S selected contractor upon satisfactory completion of work and presentation of invoices and satisfactory documentation to qualifying property owners; and Page 1 of 20 WHEREAS, GRANTEE and the CRA wish to enter into this Agreement to set forth the terms and conditions relating to the use by GRANTEE of a grant in the amount not to exceed amount of Nine Thousand Two Hundred Forty Dollars ($9,240.00) ("GRANT") for the Project as defined below; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: TERMS 1. RECITALS AND INCORPORATIONS. The recitals and all statements contained therein are true and correct and are hereby incorporated as part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into a made a part of this Agreement: Exhibit A — Grantee's Application Form Exhibit B —Authorizing Resolution Exhibit C — Contractors Quote Exhibit D — GRANTEE'S Corporate Resolution or Other Proof of Signing Authority and Corporate Status/Sunbiz (if applicable) Exhibit E - Anti -Human Trafficking Affidavit In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor of this Agreement, then in the priority order indicated above. 2. GRANT. Subject to the terms and conditions set forth herein and GRANTEE's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the GRANTEE, the GRANT to be used for the purpose and Project (as defined below), and as disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant shall be used by GRANTEE as follows: to underwrite some of the costs to the property for residential Beautification Assistance ("Project"), as described in Composite Exhibit "A", which includes GRANTEE's CRA Residential/Business Beautification Assistance Application. Page 2 of 20 4. COMPLIANCE WITH POLICIES AND PROCEDURES. GRANTEE understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities funded by the Grant for the Project. GRANTEE covenants and agrees to comply with such requirements and represents and warrants to the CRA that the Grant shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting the foregoing, GRANTEE represents and warrants that it will comply with, and the Grant will be used in accordance with, all applicable federal, state, and local codes, laws, rules, and regulations. 5. RECORDS, INSPECTIONS, REPORTS/AUDITS AND EVALUATION. To the extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the Code of the City of Miami, as amended ("City Code"), are deemed as being incorporated by reference herein and additionally apply to this Agreement. GRANTEE understands, acknowledges, and agrees that: (a) the CRA must meet certain record keeping and reporting requirements with regard to the Grant and that in order to enable the CRA to comply with its record keeping and reporting requirements, GRANTEE shall maintain all records as required by the CRA; and (b) at the CRA's request, and no later than thirty (30) calendar days thereafter, GRANTEE shall deliver to the CRA such reports and written statements relating to the use of the Grant as the CRA may require from time to time; and (c) all costs and expenses of the Project shall be at actual cost with no markups and the CRA may request any and all receipts or paid checks to substantiate such costs and expenses; and (d) the CRA shall have the right to conduct audits of GRANTEE's records pertaining to the Grant and to visit and to inspect the Project, in order to conduct its monitoring and evaluation activities, and that GRANTEE shall cooperate with the CRA in the performance of these activities; and (e) GRANTEE's failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the CRA of any inconsistent, incomplete, or inadequate Page 3 of 20 information shall be grounds for the immediate termination of this Agreement by the CRA. 6. REVERSION OF ASSETS. Upon the expiration, termination, or cancellation of the Term of this Agreement, any unspent Grant funds shall immediately revert to the possession and ownership of the CRA, and GRANTEE shall transfer to the CRA all unused Grant funds at the time of such expiration, termination, or cancellation. 7. DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this Agreement, and at the time of execution of this Agreement, the CRA shall make available to GRANTEE, on a reimbursement basis, an amount not to exceed Nine Thousand Two Hundred Forty Dollars ($9,240.00) ("Grant Amount") in Grant funds. Payments will be made only after GRANTEE/VENDOR has submitted to the CRA and the CRA has received and approved in writing such Project specific invoices, (a) which shall be accompanied by sufficient supporting documentation and contain sufficient details, to constitute a "Proper Invoice" as defined by Florida Statutes Section 218.73 and 218.74, and (b) which are subject to verification by the CRA of acceptable work product for the Project. In no event shall payments to GRANTEE/VENDOR under this Grant Agreement exceed the Grant Amount, nor shall Grant funds be used in any form inconsistent with the terms, conditions, obligations, and requirements contained herein. 8. TERM. The term of this Agreement shall commence on the date first above written and shall terminate upon full disbursement of either (a) the Grant Amount or (b) such lesser amount should the final completion of the Project not require the entire the Grant Amount from the Grant; provided, however, that all rights of the CRA to audit or inspect, to require reversion of assets, to enforce representations, warranties and certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees, expenses, and costs shall survive the expiration or earlier termination of this Agreement. 9. REMEDIES FOR NON-COMPLIANCE. If GRANTEE fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms, conditions, obligations, or requirements contained herein, then the CRA shall have the right to take one or more of the following actions, in addition to any other remedies available to it in law and/or equity: Page 4 of 20 (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 any part of the cost for the activity or action for the Project not in compliance; (d) Withhold further awards for the Project; and (e) Take such other actions and/or remedies that may be legally permitted. 10. NON-DISCRIMINATION. GRANTEE, for itself and on behalf of its contractors and sub- contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability in connection with its performance under this Agreement. Furthermore, GRANTEE represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 11. CONFLICT OF INTEREST. GRANTEE has received copies of, or 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 applicable conflict of interest provisions including, but not limited to, the: (a) Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. 12. CONTINGENCY CLAUSE. 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, and/or change in regulations. 13. CERTIFICATIONS RELATING TO THE GRANT. GRANTEE certifies that: Page 5 of 20 (a) All expenditures of the Grant shall be made only for the Project and in accordance with the provisions of this Agreement; (b) Reasonable accounting records for the Project shall be maintained by GRANTEE; (c) The expenditures of the Grant shall be properly documented, and such documentation shall be maintained on file at the Project site; (d) Periodic progress reports shall be provided to the CRA as requested from time to time; (e) No expenditure of Grant funds shall be used for political activities; and (f) GRANTEE shall be liable to the CRA for any amount of the Grant expended in a manner inconsistent with this Agreement. 14. MARKETING. (a) GRANTEE shall consult with the CRA's Executive Director regarding all uses and displays of the recognition of the CRA. (b) The Owner consents to any and all images that may be taken by the Funder and its agent or by the Contractors and their Subcontractors, for both the purposes of gathering information for the execution of the Project and for the purposes of media. (c) GRANTEE shall prominently display signage acknowledging the CRA's Grant contribution to the Project at GRANTEE's primary place of residence, and for a period of (1) year after expiration of this Agreement. (d) GRANTEE shall produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Project, in all forms of media and communications created by GRANTEE in relation to this Agreement and/or the Project, for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purposes, including, but not limited to, stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or postings, or interviews. (e) The CRA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. Page 6 of 20 (f) GRANTEE further agrees that the CRA's 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 CRA's name and logo, confers or may be construed as conferring GRANTEE any right, title, or interest whatsoever in the CRA's name, identifying information, and logo beyond the limited right granted in this Agreement. 15. DEFAULT. If GRANTEE fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then GRANTEE shall be in default. Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to it by law or equity, may immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to GRANTEE while GRANTEE was in default shall be immediately returned to the CRA. GRANTEE understands and agrees that termination of this Agreement under this section shall not release GRANTEE from any obligations accruing prior to the effective date of termination. 16. NO LIABILITY OF THE CRA OR THE CITY. None of the respective officers, employees, agents, representatives, or principals, whether disclosed or undisclosed, of the CRA and of the City shall have any personal liability with respect to any of the provisions of this Agreement. Nothing herein is intended to waive the CRA or City's sovereign immunity beyond the limitations imposed by Section 768.28, Florida Statutes. 17. SPECIFIC PERFORMANCE. In the event of breach of the Grant Agreement by the CRA, the GRANTEE may only seek specific performance of the Grant Agreement and any recovery shall be limited to the actual amount of the Project costs not to exceed the amount of Grant funding authorized for the Project. In no event shall the CRA be liable to GRANTEE for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 18. HOLD HARMLESS. The GRANTEE shall agree to "hold harmless", defend and indemnify the CRA, City, and Program partners as defined in the next clause. Furthermore, the GRANTEE understands that although this document represents a partnership between the CRA as the Monetary Funder of the Program and the GRANTEE, the Contractor is selected by the Page 7 of 20 GRANTEE and is not a party to this Agreement. Therefore, the CRA is not held legally liable for any faults related to the Contractor's performance. By extension, the City is not held legally liable in the same manner. 19. INDEMNIFICATION OF THE CRA AND THE CITY. GRANTEE hereby agrees to indemnify, protect, defend, save, release, and hold harmless, at its sole cost and expense, the CRA, the City, and their respective officers, employees, agents, representatives, and principals from and against any and all claims, actions, damages, liability and expense (including fees, costs, and expenses of attorneys, investigators and experts) in connection with loss of life, personal injury, or damage to property arising out of the performance or non-performance of this Agreement and the Project, except to the extent such loss, injury or damage was caused by the gross negligence of the CRA, the City, or their respective officers, employees, agents, representatives, and principals. In the event that any action, claim, demand, or proceeding is brought against the City in connection with any of GRANTEE'S indemnification obligations stated herein, the GRANTEE shall, upon written notice from the CRA or City, resist and defend such action or proceeding by counsel satisfactory to the CRA General Counsel or City Attorney's Office. The obligations in this provision shall survive termination of the Agreement. Nothing herein is intended to waive the CRA or City's sovereign immunity beyond the limitations imposed by Section 768.28, Florida Statutes. 20. DISPUTES. In the event of a dispute between the Executive Director of the CRA and GRANTEE as to the terms and conditions of this Agreement, the Executive Director of the CRA and GRANTEE shall notify each in writing of the dispute and proceed in good faith to resolve the dispute within thirty (30) calendar days of such written notice. If the dispute is not resolved within such thirty (30) calendar days, the dispute shall be submitted to the CRA's governing body ("Board") for resolution within ninety (90) calendar days thereof or the next available meeting of the Board if after ninety (90) calendar days, or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the parties. 21. ANTI -HUMAN TRAFFICKING. The GRANTEE confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" Page 8 of 20 for labor or services as defined in Section 787.06, Florida Statutes. The GRANTEE shall execute and submit to the CRA an Affidavit in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "E." If GRANTEE fails to comply with the terms of this Section, the CRA may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the CRA be liable to GRANTEE for any additional compensation or for any consequential or incidental damages 22. 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. 23. 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 CRA and GRANTEE relating to this Agreement or the Grant and/or Project. 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 authorized representatives of the parties. 24. CONSTRUCTION. 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. 25. 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. Page 9 of 20 26. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. 27. 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 by the non -breaching party. 28. 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 in order 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. 29. NO THIRD -PARTY BENEFICIARY RIGHTS. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 30. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by the authorized representatives of both parties. 31. OWNERSHIP OF DOCUMENTS. Upon request by the CRA, all documents developed by GRANTEE shall be delivered to the CRA upon completion of this Agreement, and may be used by the 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 CRA to GRANTEE pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by GRANTEE for any other purposes whatsoever, without the written consent of the CRA. 32. AWARD OF AGREEMENT. GRANTEE warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to Page 10 of 20 pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 33. NON-DELEGABILITY. The obligations of GRANTEE under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. 34. GOVERNING LAW AND VENUE. This Agreement shall be construed and enforced in accordance with Florida law without regard to its conflicts of law provisions. In the event of litigation, controversies, or legal problems arising out of or as a result of this Agreement and/or the Project, shall be submitted to the jurisdiction of the State of Florida courts in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The venue shall be Miami -Dade County, Florida. Each party shall be responsible for its own attorney's fees, costs, and expenses. Moreover, GRANTEE acknowledges that it shall adhere to any and all state, local, and federal laws, rules and regulations in undertaking the Project and in complying with this Agreement, to include the Code of the City of Miami, Florida, as amended. 35. WAIVER OF JURY TRIAL. GRANTEE and the CRA hereby knowingly, irrevocably, voluntarily, and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, claim, or counterclaim based on this Agreement and/or the Project, or arising out of, under, or in connection with this Agreement, the Project, any renewal(s) hereof, any amendment, extension, or modification of this Agreement, or any other agreement executed between the parties in connection with this Agreement, the Project, or any other course of conduct, course of dealing, statements (whether verbal or written), or any other actions of any party hereto. This waiver is a material inducement for the CRA and the GRANTEE to enter into this Agreement. 36. TERMINATION OF CONTRACT FOR CONVENIENCE. The CRA retains the right to terminate this Agreement at any time for convenience, without penalty to the CRA. In that event, the CRA shall give five (5) days written notice of termination to GRANTEE. 37. 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, Page 11 of 20 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 (5th) day after being posted, or the date of actual receipt, whichever is earlier. To CRA: Omni Redevelopment District Community Redevelopment Agency Attn: Isiaa Jones, Executive Director Address 1401 N. Miami Avenue Miami, Florida, 33136 With a copy to: Office of the City Attorney Attn: George K. Wysong, III, City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 To Cecilia Stewart: 1899 NW 1st Court Miami, FL 33136 38. INDEPENDENT CONTRACTOR. GRANTEE, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 39. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 40. AUTHORITY. Both the CRA and GRANTEE certify that each possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act of each party as a governing body, authorizing the execution of this Agreement, and identifying the official representative of each to act in connection herewith and to provide such additional information as may be required by the terms of this Agreement. 41. PUBLIC RECORDS. GRANTEE understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the CRA, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and Page 12 of 20 GRANTEE agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. GRANTEE's failure or refusal to comply with the provisions of this section shall result in immediate termination of the Agreement by the CRA. Pursuant to the provisions of Section 119.0701, Florida Statutes, GRANTEE must comply with the Florida Public Records Laws, specifically the GRANTEE must: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the GRANTEE upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. (e) All records stored electronically must be provided to CRA in a format compatible with the information technology systems of the public agency. GRANTEE agrees that any of the obligations in this section will survive the term, termination and cancellation hereof. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PUBLICRECORDS@MIAMIGOV.COM, AND 444 S.W. 2nd AVENUE SUITE 945, Page 13 of 20 MIAMI, FL 33130. GRANTEE MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CRA AT: (305) 679-6868, OMNICRA@MIAMIGOV.COM. Should GRANTEE determine to dispute any public access provision required by Florida Statutes, GRANTEE shall do so in accordance with applicable Florida law, and shall do so at its own cost and expense. Any lawsuits filed against the CITY or Indemnitees in connection with GRANTEE'S dispute to public access will fall under the GRANTEE'S indemnification obligations specified in the Indemnification Section above. 42. SURVIVAL. All obligations (including but not limited to indemnity and obligations to defend, release, and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 43. COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf and other electronic signatures to this Agreement shall have the same effect as original signatures. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] {Remainder of Page Intentionally Left Blank} Page 14 of 20 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. ATTEST: DocuSigned by: BY: FV'aan,Gc,s (,I,op—fin o1 7 2141'5F-T4iZF476... NAME: Frances Llop-noy TITLE: Project Development specialist ATTEST: Signed by: DocuSigned by: BY: E46.f37`;i@@f3G'F=14s9... Todd B. Hannon Clerk of the Board APPROVED AS TO LEGAL FORM AND CORRECTNESS: BY: DocuSigned by: at-ov f, Uoystm.,) Ill 0E9FE88248B... George K. Wysong, III General Counsel Matter ID: 24-2872 DJGS GRANTEE Signed by: BY: �ia Sf t vav't oa3.37517 D744C... NAME: Cecilia Stewart TITLE: Property Owner OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes BY: DocuSigned by: Isiaa joints 7�6F60389F4F4B3... Isiaa A. Jones Executive Director APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: Fmk. 444,3 BY: Page 15 of 20 -84E7... Ann -Marie Sharpe Director of Risk Management COMPOSITE EXHIBIT A GRANT APPLICATION AND PROJECT DESCRIPTION Page 16 of 20 las Omni !r. CRA Omni Community Redevelopment Agency (CRA) Residential Beautification Grant Application Form The Omni CRA Beautification Grant Program offers up to $5,000 for eligible residential property owners and tenants in the Omni CRA District to enhance curb appeal through exterior painting, landscaping, and repairs. Properties must be within the district, owner -occupied or tenant -occupied, and free of municipal or county liens. The program aims to revitalize the community by improving neglected properties. (The program is subject to funding availability). Applicant Name (property owner) Cecilia Stewart Property Address 1899 NW 1st Court Address of Dwelling Being Renovated (if different from above) Same as above City, State, Zip Code Miami, Florida 33136 Phone Number 301-233-5723 Email Address Deliver stewart@yahoo.com Is the property owner -occupied? Yes i No ❑ Is the property homesteaded? Yes ✓ No ❑ Is the property tenant -occupied? Yes No ✓ Tenant Name (if yes) Any municipal or county liens? Yes � No ✓ Description of Proposed Improvements: Replace exterior enclosure screen on back porch Paint exterior iron security bars Repair and paint exterior stucco walls Estimated Total Cost $ To be determined CRA Grant Funding Request $ To be determined Source of Other Funding and Amount (if applicable) None For any questions or assistance, please contact us at 305-679-6852 or omnicra@miamigov.com. If applicable, name and address of the individual or entity designated by the Grantee or Owner, authorized to guide the proposed improvement and make pertinent decisions (i.e. trusted and legal tenant occupier, property agent, family member, etc.). Designee Name: Designee Address: Designee Phone Number: None None None Required Attachments - Proof of property ownership or tenancy - Photos of the property (Area for proposed enhancements before improvements) I certify that the information provided in this application is true and correct to the best of my knowledge. I understand that submission of this application does not guarantee funding and that any grant received must be used solely for the purposes stated in this application. I agree to comply with all program requirements and guidelines. Applicant Signature Date August 28, 2024 Application Received Reviewed By Approved/Amount Approved Denied/Reason for Denial Notes: Please submit this completed application and all required attachments to: or Drop off: 1401 North Miami Ave, Mia rn i , l l 33136 For any questions or assistance, please contact us at 305-679-6868 or omnicra@miamigov.com. ransac ion Cashier: Paid By: Date: 319618 CECILIA STEWART 11/02/2023 09:43AM Received Via: In Person Num. Items: 1 Total Tendered: $364.80 Receipt #: Batch: 0203-24-000019 8997811 Drawer: Status: 0203 Complete Miami -Dade Office of the Tax Collector 200 NW 2nd Avenue Miami, FL 33128 Receipt Item Details Real Estate Acc# 01-3136-075-0180 Bill Yr: 2023 Regular Due: 03/31/2024 Total: Effective Date 11/02/2023 Payment Check Details Chk#659 Due $364.80 $364.80 Paid $364.80 $364.80 Paid $364.80 Balance: $0.00 A processor convenience fee of 2.21 % will be applied to credit card transactions, and $1.95 per transaction will be applied to debit card transactions. Miami -Dade County does not retain any part of the convenience fee. Cecilia Stewart 1899 NW 1' Court Cecilia Stewart 1899 NW 1st Court Cecilia Stewart 1899 NW 1st Court Cecilia Stewart 1899 NW 1st Court 111 - 1 11000 T 441/44r Cecilia Stewart 1899 NW 1=t Court i 144■ di Aih kafiuumium smuLlouiWull 0:47 _119A1 ec i 1ia-Stewa rt 1899 NW 1st Court Cec i I is Stewartet 1899 NW 1st Court EXHIBIT B — CRA-R-24-0026 AUTHORIZING THE GRANT PROGRAM Page 17 of 20 9/3/24, 1:19 PM CRA-R-24-0026 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMU... Miami FL OMNI CRA Resolution CRA-R-24-0026 Apr ADO pTED 25, 2024 g_ 30 AM A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") ALLOCATING $500,000 TO A RESIDENTIAL AND BUSINESS BEAUTIFICATION GRANT PROGRAM FOR THE PURPOSES OF PROPERTY ENHANCEMENT IN THE OMNI REDEVELOPMENT AREA FROM ACCOUNT NO. 10040.920501.883000.0000.00000; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS SOLELY IN HIS/HER DISCRETION AS A GRANT TO PROPERTY OWNERS, ON A REIMBURSEMENT BASIS TO PROPERTY OWNERS, OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND/OR SATISFACTORY DOCUMENTATION TO QUALIFYING PROPERTY OWNERS IN ORDER TO DISBURSE FUNDS AS STATED HEREIN SUBJECT TO THE AVAILABILITY OF FUNDS; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN. Information Department: Category: Attachments OMNI Community Redevelopment Agency Grant Agenda Summary and Legislation 15951 Backup Sponsors: Body/Legislation WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Omni Redevelopment Area ("Area") in accordance with the 2010 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, C., D-1, at page 41 of the Plan; Section 4.4, D., A02, at page 42 of the Plan; and Section 4.4, E., D-7, at page 42 of the Plan all list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives; and WHEREAS, Section 5 of the Plan titled "Projects and Strategies" also authorizes the CRA to authorize "small business development through the creation of financial resource pools"; and WHEREAS, the Board of Commissioners of the CRA has previously allocated funds to programs that rehabilitate facades, small business improvements, and improvements to the quality of life within the Area; and WHEREAS, these programs have all been successful and have moved towards accomplishing the goals and objectives of the Plan; and WHEREAS, the Board of Commissioners wishes to further allocate an additional five hundred thousand dollars ($500,000) to the CRA's Beautification Grant Program ("Program") to enhance the areas visual attractiveness in the Area; and https://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?I D=15951 &highlightTerms=CRA-R-24-0026&Print=Yes 1/2 9/3/24, 1:19 PM CRA-R-24-0026 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMU... WHEREAS, funds are available from Account No. 10040.920501.883000.0000.00000 for the Program; and WHEREAS, the Executive Director is further requesting authority to disburse funds from the Program to eligible participants as a grant, as a loan, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation without the need for further approval from the Board of Commissioners and within the Executive Director's sole discretion; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. The Beautification Program is hereby established with funds in the amount of Five Hundred Thousand Dollars ($500,000) allocated from Account No. 10040.920501.883000.0000.00000. Section 3. The Executive Director is authorized to disburse funds in his/her sole discretion as either a grant, a loan, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation to qualifying businesses. Section 4. The Executive Director is authorized to negotiate and execute any and all documents necessary to effectuate the Program, all in a form acceptable to the General Counsel. Section 5. This Resolution shall become effective immediately upon adoption. Meeting History OMNI Community Apr 25, 2024 9:30 AM Redevelopment Regular Meeting Agency RESULT: ADOPTED [UNANIMOUS] MOVER: Manolo Reyes, Board Member, District Four SECONDER: Joe Carollo, Vice Chair, District Three AYES: Damian Pardo, Joe Carollo, Miguel Angel Gabela, Manolo Reyes, Christine King Powered by Granicus https://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=15951 &highlightTerms=CRA-R-24-0026&Print=Yes 2/2 EXHIBIT C CONTRACTORS QUOTE Page 18 of 20 CONTRACTORS BLACK AND WHITE SERVICES, CORP. 5400 NW 84th Ave. Doral, Fl 33166 Estimate Date Estimate # 9/17/2024 3220 Name / Address Omni CRA 1401 N. Miami AVE Suite 2 Miami FL 33136 Rep Project 1899 NW 1st CT Description Qty Rate Total Exterior painting of the house. Job includes: -Pressure clean house body with a minimum of 3500 PSI of pressure using a 15-25 degree spray tip. -Use of chemicals (chlorine) to remove mold and mildew from house walls -Repair wall crack -Prime/Paint house body. -Application of new caulking on windows and doors. *Sherwin Williams Superpaint exterior paint included * Metal Fence Painting: Includes front and back only on green house side. Includes 6 Hrs of Preparation Paint for fence. Additional Prep @ $50.00 PH. Does NOT Include Chainlink fence *Sherwin Williams DTM Paint Included. Stucco Repair Back Porch screen replacement 1 1 1 1 3,840.00 3,360.00 1,080.00 960.00 3,840.00 3,360.00 1,080.00 960.00 Total $9,240.00 Fonsis, LLC 640 NW 183rd St Office # 3 Miami Gardens, FL 33169 US +17864204100 liliana@fonsis.com Estimate ADDRESS ESTIMATE 1585 Frances Llop-Noy DATE 09/20/2024 CRACity of Miami F9NSIS DESCRIPTION QTY RATE 1899 NW 1st Ct Repair and paint (Touch ups) Green exterior stucco walls Paint exterior security bars NOT INCLUDED BACK bars (white) Replace exterior enclosure screen on the back porch Not Included House exterior painting Base on walkthrough 1 The scope of work is limited to the detail of each line, any additional order will be subject to a new quote. Fonsis LLC charges $30 per estimate (to cover time, gas and parking) This fee will be fully credit it, if FONSIS LLC signs a contract or invoice. Fonsis LLC Require at -front deposit 20% to Initiate the city permits process. Deposit won't be return after city permits are initiated and client decides not to continue with the contract before execution. as a portion of economic damages canceling a contract. Payments due after 30 days will generate 1 % interest over the total balance amount. Any Merchant financial cost or wire cost transfers will be on customer. Payment Schedule: 50% at front to start 30% when project is far 70% completion. 20% Upon delivery Accepted By Accepted Date TOTAL 7,900.00 7,900.00 $7, 900.00 Fonsis LLC, Sponsor programs against Human Trafficking and Domestic Violence <3 Page 1 of 1 Exhibit D GRANTEE'S Corporate Resolution or Other Proof of Signing Authority and Corporate Status/Sunbiz (if applicable) Page 19 of 20 Folio 01-3136-075-0180 1899 NW 1 CT MIAMI, FL 33136-1707 Owner CECILIASTEWART 1899 NW 1 CT MIAMI, FL 33136-1707 Primary Zone 3900 MULTI -FAMILY - 38-62 U/A Primary Land Use 0410 RESIDENTIAL - TOTAL VALUE : TOWNHOUSE Beds / Baths /Half 3 / 2 / 0 OFFICE OF THE PROPERTY APPRAISER Summary Report PROPERTY INFORMATION Property Address Mailing Address Floors Living Units Actual Area Living Area Adjusted Area Lot Size Year Built 1 1 1,292 Sq.Ft 1,222 Sq.Ft 1,222 Sq.Ft 4,846 Sq.Ft 1987 !f 1#�1 I Ilhldil:lul!11[ili� Year Land Value Building Value 2024 $0 $0 2023 $0 $0 2022 $0 $0 Extra Feature Value $0 $0 $0 Market Value Assessed Value $245,031 $213,070 $163,900 $21,069 $20,456 $19,861 BENEFITS INFORMATIO Benefit Type A 2024 2023 2022 Save Our Homes Assessment Cap Reduction $223,962 $192,614 $144,039 Homestead Exemption $21,069 $20,456 $19,861 Second Homestead Exemption Senior Homestead Exemption Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). SHORT LEGAL DESCRIPTION OVERTOWN VILLAS SEC 1 PB 125-80 LOT 2 BLK 3 LOT SIZE 4846 SQ FT & INT IN COMMON AREA Generated On: 11/01/2024 TAXABLE VALUE INFORMATION Year COUNTY Exemption Value Taxable Value SCHOOL BOARD Exemption Value Taxable Value CITY Exemption Value Taxable Value REGIONAL Exemption Value Taxable Value 2024 2023 2022 $21,069 $20,456 $19,861 $0 $0 $0 $21,069 $20,456 $19,861 $0 $0 $0 $21,069 $20,456 $19,861 $0 $0 $0 $21,069 $20,456 $19,861 $0 $0 $0 SALES INFORMATIO Previous Sale Price OR Book- Qualification Description Page 03/05/2008 $100 27060 4676 Sales which are disqualified as a result of examination of the deed 04/01/1992 $46,000 15488 Sales which are qualified 3063 10/01/1990 $0 14788- 1668 Sales which are disqualified as a result of examination of the deed The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp EXHIBIT E ANTI -HUMAN TRAFFICKING AFFIDAVIT The undersigned affirms, certifies, attests, and stipulates as follows: The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes 'a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). I have readand understand:<the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. 1. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity/Individual: Individual Name: Cecilia Stewart Title: Property Owner Signature: 6GAJ`,,,`, --e6:4 Office Address: Email Address: 1899 N.W. 1st Court Miami, Florida 33136 Main Phone Number: 3 01 - 2 3 3- 5 7 2 3 Deliver_stewart@yahoo.com Page 20 of 20 Olivera, Rosemary From: Codio, Charice Sent: Monday, December 2, 2024 9:40 AM To: Hannon, Todd; Ewan, Nicole; Olivera, Rosemary; Gibbs-Sorey, Domini; Garcia, Aida Cc: Jones, Isiaa; De Los Santos, Jesly; Llop-Noy, Frances Subject: Cecilia Stewart Beautification Grant Agreement - Fully Executed Copy Attachments: Fully Executed - Cecilia Stewart - Beautification Grant Agreement.pdf Good morning everyone, I hope you all had a wonderful Thanksgiving with your loved ones. Attached is the fully executed copy of the Cecilia Stewart Beautification Grant Agreement from DocuSign, which should be considered the original for your records. Wishing everyone a great week ahead! Best Regards, Charice Codio Administrative Assistant, OMNI-CRA 1401 N. Miami Avenue, Miami, FL 33136 Off: 305 679-6868 Email: chcodio@miamigov.com Website: www.omnicra.com iirik Omni CRA Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail may contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. Under Florida Law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail, released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 1