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HomeMy WebLinkAbout25423AGREEMENT INFORMATION AGREEMENT NUMBER 25423 NAME/TYPE OF AGREEMENT SEOPW CRA & URBAN GATEWAYS, LLC DESCRIPTION GRANT AGREEMENT/PLUMBING PERMIT FOR THE URBAN/FILE ID: 16963/CRA-R-24-0077 EFFECTIVE DATE January 21, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 1/17/2025 DATE RECEIVED FROM ISSUING DEPT. 2/7/2025 NOTE GRANT AGREEMENT This GRANT AGREEMENT ("Agreement") is made as of this 21 `5T day of January 2025 ("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 URBAN GATEWAYS, LLC, dba THE URBAN, 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 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 1000 N.W. 2"d Avenue, Miami, Florida, 33136 and is in need of assistance to support the development and construction buildout of its outdoor event venue space 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 November 21, 2024, the SEOPW CRA Board of Commissioners passed and adopted Resolution No. CRA-R-24-0077, attached hereto as Exhibit "A," authorizing the issuance of a grant, in an amount not to exceed Nineteen Thousand Sixty Dollars and Seventy Cents ($19,060.70) (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 funds 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 ("Scope of Work and Budget"), attached hereto as Exhibit `B," and incorporated herein. 4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate September 30, 2025, or when full disbursement of the Grant is 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 Nineteen Thousand Sixty Dollars and Seventy Cents ($19,060.70). In no event shall payments to Grantee under this Agreement exceed Nineteen Thousand Sixty Dollars and Seventy Cents ($19,060.70). 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 Scope of Work and Budget, as reflected in Exhibit "B." b. 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 full amount of 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 scope of Exhibit `B," and reserves the right to deny any and all requests it deems to be outside of the approved scope. c. REQUESTS FOR DISBURSEMENT OF GRANT. 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 Grant funds and/or expenditures incurred, and that the request is being made in accordance with the Project's approved Scope of Work and 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 Scope of Work and 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 2 Agreement, and Grantee solely shall bear all costs associated with any expenditures not approved by the SEOPW CRA. The Grantee understands and acknowledges that the SEOPW CRA shall not disburse Grant funds for any expense that has not been previously approved by the SEOPW CRA in accordance with Section 5(b) above, and that such expenses shall be borne solely by the Grantee. d. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made to Grantee as a reimbursement for any Project -specific expenditure paid in cash. Grantee acknowledges that a cash transaction is insufficient per se to comply with record -keeping requirements under this Agreement. e. 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. f. RETAINAGE. The SEOPW CRA shall retain ten (10) percent of all invoice amounts and shall release the same to Grantee or its General Contractor upon Project completion, specifically upon issuance of a Certificate of Occupancy from the City of Miami's Building Department for such portion of the Project. 6. JOB CREATION DURING CONSTRUCTION. a. SUBCONTRACTOR PARTICIPATION. Grantee shall cause its general contractor to hire not less than twenty percent (20%) of the subcontractors for the Project, giving first priority to companies certified as CSBE-Construction Services firms pursuant to Section 10-33.02 of the Miami -Dade County Code of Ordinances, whose principal place of business is in the Redevelopment Area, as more particularly described in the Plan, second priority to subcontractors whose principal place of business is in the Redevelopment Area, third priority to CSBE firms whose principal place of business is located within the boundaries of the Overtown community, which encompasses part of zip code 33136 ("Overtown Community"), fourth priority to subcontractors whose principal place of business is located within the boundaries of the Overtown Community, fifth priority to CSBE firms whose principal place of business is located within the City of Miami, and sixth priority to subcontractors whose principal place of business is located within the City of Miami. b. LABORER PARTICIPATION. Grantee agrees to cause its general contractor and all subcontractors to hire forty percent (40%) of the labor for the construction of the Project from workers residing in the City of Miami, giving first priority to workers residing in the Redevelopment Area, which encompasses part of zip code 33136 and second priority to workers residing in the Overtown Community. c. REPORT REQUIREMENTS. The Grantee shall be required to submit to the Executive Director monthly reports detailing evidence of compliance with the subcontractor participation requirement and the laborer participation requirement ("Participation Report"), as defined in this section above. The Participation Report shall contain such information as the Executive Director may reasonably require for the Executive Director to determine whether the Grantee is in compliance with the requirements, as defined in this section above. d. DISPUTES. In the event of any disputes between the Executive Director and Grantee as to 3 whether any subcontractor has its principal place of business in the City of Miami or whether a laborer resides in the City of Miami, and whether the Grantee has complied with the priority requirements, the Executive Director and Grantee shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved within ten (10) days, either party may submit the dispute to the SEOPW CRA Board of Commissioners for resolution. The decision of the SEOPW CRA Board of Commissioners shall be binding on the parties. 7. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of Grant funds is subject to specific reporting, record keeping, administrative, and contracting guidelines and other requirements affecting the SEOPW CRA activities in issuing the Grant. 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 funds will be used in accordance with all applicable federal, state and local codes, laws, rules, and regulations. 8. 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. 9. 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 9(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, 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 termination or cancellation of this Agreement. b. REPORTS. Grantee shall deliver to the SEOPW CRA reports relating to the use of Grant funds as requested by the SEOPW CRA, from time to time and as detailed herein. Failure to provide said reports shall result in Grant 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. The SEOPW CRA shall have the right to conduct audits of Grantee's records pertaining to the Grant funds and to visit the Project, in order to conduct its monitoring 4 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. 10. UNUSED GRANT FUNDS. Upon the expiration of the term of this Agreement, Grantee shall transfer to the SEOPW CRA any unused Grant funds on hand at the time of such expiration. 11. 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 Scope of Work and 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 Scope of Work and Budget set forth in Exhibit "B." All expenditures of Grant funds shall be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. Grant funds shall not be co -mingled with any other funds, and separate accounts and accounting records shall be maintained. d. POLITICAL ACTIVITIES. No expenditure of Grant funds 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 under any other agreement to which Grantee is a party, or results in the creation of any lien or encumbrances upon any property of Grantee. 12. 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 5 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. 13. 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; and b. Miami -Dade County Code, Section 2-11.1. 14. 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. 15. 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 internet 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. 16. 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 6 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. 17. 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. 18. 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 grant funding authorized for the services provided herein. In no event shall the SEOPW CRA be liable to Grantee for any additional compensation, other than that provided herein. 19. INDEMNIFICATION. The 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, 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 paragraphs 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, defend 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 Program, 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. The Indemnification shall survive the cancellation or expiration of the Agreement. Grantee shall require all subcontractors to comply with the provisions of this section 20. INSURANCE. The 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) calendar days prior 7 written notice (or in accordance to policy provisions) to the SEOPW C.R.A. 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. Grantee shall require all contractors and subcontractors to comply with the requirements set forth in Exhibit "C" and further list the City and SEOPW CRA as additional insured on all corresponding liability policies. 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. 21. 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"). 22. 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. CONTRACTUAL 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. 8 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. 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. 23. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 24. 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. 25. 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. 26. 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. 9 27. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 28. 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. 29. 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. To SEOPW CRA: Southeast Overtown/Park West Community Redevelopment Agency c/o James D. McQueen, Executive Director 819 N.W. 2nd Avenue, 3`d Floor Miami, FL 33136 Email: JMcQueennmiamigov.com With copies to: Vincent T. Brown, Esq., Staff Counsel/Deputy Director Email: vtbrownAmiannigov.com To Grantee: Urban Gateways, LLC, dba The Urban c/o Keon Williams, Managing Member 1951 N.W. 7th Avenue, Suite 600 Miami, FL 33136 Email: keon.e.williamsAicloud.com 30. 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 Projects 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. 31. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 32. 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. 33. MISCELLANEOUS. 10 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [Signature Page Follows] 11 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. ATTEST: odd B. H 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 James D. McQueen Clerk of the Board Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Vincent T. Brown, Esq. Staff Counsel WITNESSES: By: Print: 1' M 9 C — By: Print: tol 'GRG 1ih1 /(f l 1 12 APPROVED AS TO INSURANCE REQUIREMENTS: By: Ann -Marie Sharpe Director of Risk Management URBAN GATEWAYS, LLC, dba THE URBAN a Florida (" gr By: v."407:40 Keon Willii Managing Member 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. ATTEST: By: Todd B. Hannon Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vincent T. Brown, Esq. Staff Counsel WITNESSES: By: qlt9R. r Print: MC-JG,(,)f)5t9V1 By: Print: RI(\F -Fic E 12 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes By: James D. McQueen Executive Director APPROVED AS TO INSURANCE RE=1S: By: Firt nt ao►Mt/' i '--2!' A9bC6 1aAtl.rre .. nnSharpe Director of Risk Management URBAN GATEWAYS, LLC, dba THE URBAN a Florida IiriEed 1}'a�5 Ti ity ("Grants By: Keon Williams Managing Member EXHIBIT "A" Resolution No. CRA-R-24-0077 13 Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-24-0077 File Number: 16963 Final Action Date:11/21/2024 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, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," 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 INFRASTRUCTURE IMPROVEMENTS AT URBAN GATEWAYS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AN OUTDOOR VENUE SPACE LOCATED AT 1000 N.W. 2ND AVENUE, 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 NINETEEN THOUSAND SIXTY DOLLARS AND SEVENTY CENTS ($19,060.70) ("FUNDS") ALLOCATED FROM 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 FOR AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Plan"); and WHEREAS, Section 2, Goal 4, of the Plan lists "creat[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 6, of the Plan lists "address[ing] and improv[ing] the neighbor- hood economy and expand[ing] the economic opportunities of present and future residents and businesses," as a stated redevelopment principle; and City of Miami Page 1 of 3 File ID: 16963 (Revision:) Printed On: 12/3/2024 File ID: 16963 Enactment Number: CRA-R-24-0077 WHEREAS, Urban Gateways, LLC, a Florida limited liability company, is requesting Nineteen Thousand Sixty Dollars and Seventy Cents ($19,060.70) ("Funds") to support the development and construction buildout of its outdoor event venue space, attached and incorporated herein as Exhibit "B," located at 1000 N.W. 2nd Avenue, Miami, Florida, 33136 ("Purpose"); and WHEREAS, Urban Gateways, LLC provides a location within the redevelopment area for residents to connect with their community and enjoy innovations with freshly prepared food, as well as curated events, workshops, and live performances; and WHEREAS, within the Overtown community, Urban Gateways, LLC, 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, with estimated costs set forth in Exhibit `B," which will allow Urban Gateways, LLC to adapt and grow within the redevelopment area; and WHEREAS, the Board of Commissioners wishes to authorize funding in an amount not to exceed Nineteen Thousand Sixty Dollars and Seventy Cents ($19,060.70) ("Funds") to Urban Gateways, LLC, 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, attached and incorporated herein as Exhibit "A," 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 Urban Gateways, LLC, 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 (4/561) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings, attached and incorporated herein as Exhibit "A," 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 Urban Gateways, LLC, a Florida limited liability company, an outdoor event venue space located at 1000 N.W. 2nd Avenue, 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: 16963 (Revision:) Printed on: 12/3/2024 File ID: 16963 Enactment Number: CRA-R-24-0077 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 in an amount not to exceed Nineteen Thousand Sixty Dollars and Seventy Cents ($19,060.70) ("Funds") allocated from Other Grants and Aids / Non-TIF Revenue Fund, 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: V. Counsel 11/14/2024 ' 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: 16963 (Revision:) Printed on: 12/3/2024 EXHIBIT "B" Scope of Work and Budget 14 EXHIBIT "B" t THE RBAN CRAFT CULINARY CULTURE October 29, 2024 Keon Williams Principal/CEO Urban Gateways, LLC/DBA The Urban 1951 NW 7th Ave Suite 600 Miami, FL 33136 Attention: SEOPW Community Redevelopment Agency CC/ Executive Director James McQueen, Brian Zeltsman, Director of Architecture & Development This is a letter requesting funding for the remainder infrastructure project at The Urban, owned and operated by Urban Gateways, LLC. We are requesting $19,060.70 to finish our plumbing permit. Please see the attached documents, highlighting and detailing the project and works completed. As you may recall, we initially completed the requirements for our TUP back in 2018, having the second TUP after Wynwood Yard and due to challenges and code changes, we had to go through the process again. However, this time required permanent infrastructure from sewer laterals, new county pipes, grease traps, side walk improvements, gutter improvements, catch basins and French drains, etc. Thanks the initial grant from our CRA, a little over $36k was allotted for the project plumbing, having spent about $18k once the project was half way through. Founded in June 2017, The Urban is a 58,000 sq. ft open-air outdoor event venue space in the heart of the Historic Overtown Entertainment District, offering an array of curated cocktails and food trucks for a line up of various social events. The venue is available for special events and corporate activation outside regular scheduled programming. With locally featured food trucks and centralized bar, The Urban is a destination for food enthusiasts looking for a truly local, food market experience. Soulfully curated menu items and craft cocktails named after Miami pioneers, trailblazers and historic landmarks to add an extra special touch. Those looking for unique finds can shop at any of the local retail vendors selling handmade goods and handpicked items during pop-up markets. Special events and live music provide the perfect vibe for guests of The Urban to create new memories right in the heart of Overtown. As of 2024, we have attracted over half a million guests and hosted many events such as Summer of Sound Fest, Afro Punk Fest, Black Pepper Food Festival and most recent with Miami Heat Legend, Dwyane Wade: When We Gather Festival. We also have been supporter and community partner for organizations like Girl Power, Inc., Touching Miami With Love, Overtown Optimist and Urgent Inc., hosting fundraisers, strategic planning sessions, education sponsorship and activations during Soul Basel. I know this goes without being said, but I truly appreciate the work that's being done by our CRA ad I'm glad to be partner in the development of the neighborhood that raised me. eon Williams Principal/CEO Urban Gateways, LLC/DBA The Urban EXHIBIT "B" "The Urban" Current Photos EXHIBIT "B" HOM t'ROS OF MIAMI, INC. PLUMBING Sr AIR CONDITIONING From Home Pros Of Miami, Inc 7701 W 26th Ave Unit 7 Hialeah, FL 33016 786-712-1651 homeprosmia@yahoo.com License #: CFC1430877 & CAC1820950 Invoice Customer Urban Philanthropies, Inc 1000 NW 2nd Ave Miami, FL 33136 Invoice Number 3947 Sent Date September 19, 2024 Due Date Upon receipt $19,060.70 Description Final payment for estimate 0960 Upon receipt Item Quantity Price Total Plumbing labor 1 $8,000.00 $8,000.00 Revision of plans 02/13/2023 1 $100.00 $100.00 Revision of plans 03/10/2023 1 $100.00 $100.00 Completion of permit 06/07/2023 Extension of permit 11/10/2022 1 $592.00 $592.00 1 $100.00 $100.00 Material 1 $8,500.00 $8,500.00 Equipment 1 $1,668.70 $1,668.70 Subtotal Amount Due Notes $19,060.70 $19,060.70 Please make payment payable to: "Home Pros Of Miami, Inc" The entire invoice is due upon completion of described work. Any payment not received within 10 days from completion of work is subject to interest at the highest amount lawfully allowed by contract in the state in which the work was performed until paid.lf Home Pros of Miami, Inc commences litigation or employs attorneys to collect payment for any amount due it from Customer, Customer agrees to pay reasonable costs and attorney's fees which may be due. If Customer's check does not clear, Customer could be liable for more than the check amount plus the face value of the check and court costs. All parts will be removed from the Customer's premises and discarded unless specified herein. Invoice delivered by breezeworks breezeworks.com Page 1 of 2 EXHIBIT "B" HOME PROSigil% Complete Plumbing Service e From Home Pros Of Miami, Inc 5151 NW 159th Street Suite E Miami Lakes, FL 33014 786-712-1651 homeprosmia@yahoo.com License #: CFC1430062 Estimate for Plumbing Estimate Customer Urban Philanthropies, Inc 1000 NW 2nd Ave Miami, FL 33136 Estimate Number 0960 Sent Date May 27, 2020 Expires June 12, 2020 Item Quantity Price Taxable Total We will complete plumbing as per plans dated 05/05/2020 for 1000 NW 2nd Ave Miami project. Material shown on plans will be furnished and provided as part of estimate. Labor will be complete new grease lines, water lines, and sanitary lines will be ran as per plans. We will complete work by providing equipment and labor to dig trenches and install rough plumbing as proposed. We will back fill trenches and clean work area upon completion. Any revision needed or additional work not shown on plans will be charged additionally pending approval. Permit cost to be additional and will be billed according to what is billed by building department. 1 $36,337.40 0.000% $36,337.40 Proposal includes 2 grease traps and installation. 0 hours $0.00 0.000% $0.00 Estimate delivered by t breezeworks breezeworks.com Page 1 of 2 EXHIBIT "B" PLUMBING & AIR CONDITIONING From Home Pros Of Miami, Inc 5171 Nw 159Th St Suite F Miami Lakes, FL 33014 786-712-1651 homeprosmia@yahoo.com License #: CFC1430877 & CAC1820950 Description Deposit for estimate number 0960 Item Invoice Customer Urban Philanthropies, Inc 1000 NW 2nd Ave Miami, FL 33136 Invoice Number 1554 Sent Date June 9, 2020 Due Date Upon receipt $18168.70 Upon receipt Quantity Price Total Initial deposit for project described in estimate number 0960 1 $18,168.70 $18,168.70 Subtotal Amount Due Notes $18,168.70 $18,168.70 Please make payment payable to: "Home Pros Of Miami, Inc" The entire invoice is due upon completion of described work. Any payment not received within 10 days from completion of work is subject to interest at the highest amount lawfully allowed by contract in the state in which the work was performed until paid.lf Home Pros of Miami, Inc commences litigation or employs attorneys to collect payment for any amount due it from Customer, Customer agrees to pay reasonable costs and attorney's fees which may be due. If Customer's check does not clear, Customer could be liable for more than the check amount plus the face value of the check and court costs. All parts will be removed from the Customer's premises and discarded unless specified herein. No warranty of drain stoppages or clearing of drains. Invoice delivered by t breezeworks breezeworks.com Page 1 of 1 eitp of i£iiami BUILDING DEPARTMENT www.miamig v.comvbeitlinz E-mail: buildingfainiamieov.com Phone: (305) 416-1100 EXHIBIT "B" BUILDING PERMIT PERMIT ISSUANCE PERMIT NUMBER aiioiuUuum1im1Emuoail BD21007664003P001 1Z:'0.'1 V. 11(\ 51 Financial Transaction ID : 881180 LM Reference Number: BD21007664003P001 Job Address: 1000 NW 2 AV Fee Category BASE FEE BASE FEE Fee Description APPLICATION ADMINISTRATIVE \1.\RI SOLID WASTE SOLID WASTE COMMERCIAL E/M/P DADE COUNTY STATE OF FLORIDA STATE OF FLORIDA REVIEW PW BUILDING PERMIT Quantity Unit Type Amount 0.00 N/A $40.00 0.00 N/A $4.00 36337.00 DOLLARS $80.08 CODE COMPLIANCE 36337.00 DOLLARS $22.20 BUILDING CODE ADM & INSP 363.37 DOLLARS $3.63 DCA / FLORIDA BUILDING COMMISSION 363.37 DOLLARS $3.63 PW DEVELOPMENT PLAN REVIEWS: OTHER 0.00 N/A $50.00 THAN BUILDINGS COMMERCIAL PROJECTS UP TO 30 MILLION 36337.00 DOLLARS $363.37 PERMIT MISC ENR - BCI INFLATION RATE 363.37 DOLLARS $31.49 Total: $598.40 Page 1 of 1 EXHIBIT "B" (City. of Altaun BUILDING DEPARTMENT Applicant: Contractor: Certificate Required: Additional Property Info: URBAN DESTINATIONS LLC/ LION FOLK LLC SUPERSTRUCTURE & SHAPEINTERFACE BUILDERS CORP/ RIVAS, FAUSTO ELISAUL None THE URBAN - 11/25/19- PBA BUILDING PERMIT Permit Number: BD21007664001TE001 Job Address: Folio Number: Date Issued: 1000 NW 2 AV 101010501110 December/27/2021 Governing code: FBC 7th Edition (2020) Job Category: TEMPORARY EVENT Job Description: TEMPORARY STRUCTURES MORE THAN 30 DAYS Estimated Cost: $200,000.00 Total Permit Processing Time: 176 days 0.5 hrs Time with Jurisdiction: 63 days 3.5 hrs Time with Applicant: 112 days 21 hrs NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. NOTICE: This card MUST BE DISPLAYED PROMINENTLY at the front entrance of the premises (or other location acceptable to the WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR THE IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, YOU SHOULD CONSULT WITH YOUR EXHIBIT "C" Insurance Requirements 15 EXHIBIT "C" INSURANCE REQUIREMENT URBAN GATEWAYS, 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 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami & SEOPW CRA listed as additional insured Contingent & Contractual Liability Primary Insurance Clause Endorsement 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 II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami & SEOPW CRA listed as an additional insured EXHIBIT "C" III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Liquor Liability Combined Single Limit Each Common Cause $1,000,000 General Aggregate Limit $1,000,000 City and SEOPW CRA listed as additional insured The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer 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. ia,6'ta'