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Home My WebLink About24927AGREEMENT INFORMATION AGREEMENT NUMBER 24927 NAME/TYPE OF AGREEMENT ALLAPATTAH-WYNWOOD COMMUNITY & DEVELOPMENT CENTER, INC. DESCRIPTION REVOCABLE LICENSE AGREEMENT/OCCUPANCE AT 1500 NW 16TH AVE, MIAMI, FL 33125/FILE ID: 13747/R-23- 0166/MATTER I D : 22-3049 EFFECTIVE DATE April 10, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/10/2024 DATE RECEIVED FROM ISSUING DEPT. 4/11/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL REVOCABLE LICENSE AGREEMENT ISSUED BY THE CITY OF MIAMI TO ALLAPATTAH-WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC. FOR THE OCCUPANCY OF THE PROPERTY LOCATED AT 1500 NORTHWEST 16TH AVENUE, MIAMI, FLORIDA 33125 Table of Contents RECITALS 3 1. Incorporation of Recitals and Exhibits. 4 2. Purpose 4 3. Occupancy and Use Period. 4 4. Interest Conferred by this Agreement 4 5. Continuous Duty to Operate. 5 6. Use Fee. 5 7. Late Fees. 5 8. Returned Check Fee 6 9. Services and Utilities. 6 10. Reporting Requirements. 7 11. Condition of the Property and Maintenance. 9 12. Alterations, Additions or Replacements. 9 13. Violations, Liens and Security Interests. 10 14. City Access to Property. 11 15. Indemnification and Hold Harmless. 11 16. Insurance. 12 17. No Liability. 12 18. Safety. 12 19. Taxes and Fees 13 20. Revocation or Termination. 13 21. Notices. 13 22. Advertising 14 23. Hazardous Materials. 15 24. Radon Gas. 15 25. Licenses, Authorizations and Permits 15 26. Compliance with all Applicable Laws. 16 27. Ownership of Improvements. 16 28. Surrender of Property 16 29. Severability and Savings Clause 16 1 30. No Assignment or Transfer 17 31. Public Records. 17 32. Americans with Disabilities Act. 17 33. Nondiscrimination. 18 34. Attorney(s') Fees. 18 35. Litigation; Venue. 18 36. Waiver of Jury Trial 18 37. No Waiver. 18 38. Time of Essence 19 39. No Interpretation Against Draftsmen. 19 40. Further Acts. 19 41. Third Party Beneficiary. 19 42. No Partnership. 19 43. Headings. 19 44. Authority. 19 45. Entire Agreement. 19 46. Amendments and Modifications. 19 47. Electronic Signatures/Counterparts. 20 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E — EXHIBIT F — EXHIBIT G EXHIBITS — DESCRIPTION OF PROPERTY — REPORTING REQUIREMENTS — INSURANCE REQUIRMENTS — CITY RESOLUTION LICENSEE CORPORATE RESOLUTION PROPERTY DEED — SAMPLE CLIENTS SERVED REPORT 2 REVOCABLE LICENSE AGREEMENT to This Revocable License Agreement ("Agreement") is made and entered into this day of April , 2024, by and between the City of Miami, a municipal corporation of the State of Florida, with address at 444 SW 2"`i Avenue Miami, FL 33130 ("City") and Allapattah-Wynwood Community and Development Center, Inc., a Florida not -for -profit corporation, with its principal address at 1500 Northwest 1601 Avenue, Miami, Florida 33125 ("Licensee") (collectively the "Parties"). RECITALS WHEREAS, the City is the owner of the real property consisting of approximately 14,580 square feet located at 1500 Northwest 16th Avenue, Miami, Florida 33125, also known as the Allapattah Mini Park, as further described in Exhibit "A" (the "Property"); and WHEREAS, pursuant to a Revocable Permit issued by the City on April 17, 1991, the Licensee was authorized to use the Property to provide low-cost day care services to the residents of the Allapattah area; and WHEREAS, after the Revocable Permit expired on April 17, 2001, Licensee continued to operate a day care service facility on the Property until the City and Licensee were able to enter into a new Revocable License Agreement on June 8, 2007 for a ten (10) year period; and WHEREAS, pursuant to the terms of said Revocable License Agreement, Licensee is presently operating a day care service facility on the Property; and WHEREAS, the Licensee is the owner of the real property adjacent to the Property and completed construction on a second day care facility which has expanded Licensee's day care services; and WHEREAS, Licensee is requesting permission to continue to occupy the Property, for the purpose of operating daycare services for the benefit of young children and parents living in the Allapattah area; and WHEREAS, the Parties desire and intend to enter into this Agreement for Licensee's continued use of the Property; and WHEREAS, this Agreement is personal to the Licensee and is not assignable or otherwise transferable; and WHEREAS, this Agreement is revocable -at -will by the City and without the consent of the Licensee; and WHEREAS, this Agreement does not transfer an interest in real property including any leasehold or similar possessory interest or estate interest in the Property; and WHEREAS, this Agreement does not convey or transfer any possessory interest or other right to exclude the City from the Property; and WHEREAS, this Agreement does not convey or transfer any right to use the Property for any other purpose than those specifically enumerated herein; and WHEREAS, the City Commission adopted Resolution No. R-23-0166 on April 13, 2023, attached hereto as Exhibit "D," authorizing the City Manager to enter into this Agreement; and 3 WHEREAS, the Parties jointly and voluntarily stipulate as to the accuracy of these recitals; NOW THEREFORE, in consideration of the mutual covenants set forth herein, the Parties hereby agree as follows: 1. Incorporation of Recitals and Exhibits. The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: EXHIBIT A — DESCRIPTION OF PROPERTY EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E — EXHIBIT F — EXHIBIT G — REPORTING REQUIREMENTS — INSURANCE REQUIRMENTS — CITY RESOLUTION LICENSEE CORPORATE RESOLUTION PROPERTY DEED — SAMPLE CLIENTS SERVED REPORT 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 the priority order indicated above. 2. Purpose. The City is the owner of the Property. The City has determined that the Property is not needed at this time by any of the City's offices or departments. The Licensee wishes to use the Property for the operation of a low-cost day care facility for the residents of the surrounding Allapattah community ("Permitted Uses"). The City is willing to assist the Licensee by temporarily authorizing the Licensee to occupy and use the Property for the Permitted Uses, under the terms and conditions hereinafter set forth. Licensee's use of the Property is strictly limited to the Permitted Use and is not to be used for any other purpose whatsoever. Any use of the Property not authorized under this Agreement must receive the prior written consent of the City, which consent may be withheld, in its sole and absolute discretion, for any reason or no reason, or conditioned upon any additional terms or financial consideration the City may require. 3. Occupancy and Use Period. This Agreement is effective as of the 1st day of October, 2023 ("Effective Date"), and shall remain in effect through the earlier of: (i) Ten (10) years from the Effective Date, the 30th day of September, 2033 ("Term"); or (ii) Cancellation or termination by request of either Party or by the City Manager for cause made pursuant to Section 21. 4. Interest Conferred by this Agreement. The City hereby authorizes the Licensee to occupy the Property solely for the limited purpose of the Permitted Uses and no other purpose. The Parties hereby agree that the provisions 4 of this Agreement do not constitute a lease and the rights of Licensee hereunder are not those of a tenant but are a mere personal privilege to do certain acts of a temporary character and to otherwise use the Area consistent with the Permitted Uses subject to the terms of this Agreement. No leasehold interest in the Property is conferred upon Licensee under the provisions hereof and Licensee does not and shall not claim at any time any leasehold estate or ownership interest in the Property by virtue of this Agreement or its use of the Property hereunder, irrespective of any expenditure of funds by the Licensee for improvements, construction, repairs, partitions, or alterations to the Property which may be authorized by the City. Additionally, Licensee understands and agrees that the City does not confer any exclusive possessory interest or tenancy to the Property to Licensee under the provisions of this Agreement. The City retains dominion, possession, and control of the Property and the Property. Licensee may not exclude the City, its officials, employees, agents, or representatives from the Property. 5. Continuous Duty to Operate. Except where the Property is rendered unusable by reason of fire, flood, or other casualty, Licensee shall at all times during this Agreement, use the Property only for the Permitted Uses upon the Effective Date and shall thereafter continuously use the Property in accordance with the terms of this Agreement. Any interruption in Licensee's use of the Property, except those due to Force Majeure events as described herein, shall be grounds to revoke this Agreement for cause. 6. Use Fee. 6.1 Monthly Use Fee./ Minimum Annual Guarantee In consideration of this Agreement, commencing on the Effective Date, Licensee agrees to pay a use fee to the City in the amount of One Dollar ($1.00) per year, plus State Use Tax, if applicable, for each year or any portion thereof that Licensee uses or occupies the Property ("Use Fee"), which Use Fee shall be paid in advance and in full on the first day of each year without notice or demand. Payments shall be made payable to the "City of Miami" and shall be delivered to the following address: City of Miami Department of Finance Attn: Cash Receipts Section 444 SW 2n`t Avenue, 6th Floor Miami, Florida 33130 For online payments, visit: http://miamigov.com/pay. 7. Late Fees. In the event the City does not receive any installment of the Use Fee within fifteen (15) days of the date in which it is due, Licensee shall pay to the City a late charge in an amount equal to one percent (1 %) of the Use Fee. Such late fees shall constitute additional fees due and payable to the City by Licensee upon the date of payment of the delinquent payment referenced above. Acceptance of such late charge shall not constitute a waiver of Licensee's violations with respect 5 to such overdue amount, nor shall it prevent the City from pursuing any remedy which the City may be otherwise be entitled. 8. Returned Check Fee In the event any check is returned to the City as uncollectible, the Licensee shall pay to City a returned check fee ("Returned Check Fee") based on the following schedule: Returned Amount Returned Check Fee $00.01 - $50.00 $20.00 $50.01 - $300.00 $30.00 $300.01 - $800.00 $40.00 Over $800 5% of the returned amount The Returned Check Fee shall constitute additional fees due and payable to City by Licensee, upon the date of payment of the delinquent payment referenced above. Acceptance of Returned Check Fee by City shall, in no event, constitute a waiver of Licensee's violations with respect to such overdue amount nor prevent City from the pursuit of any remedy to which City may otherwise be entitled. 9. Services and Utilities. 9.1 Licensee's Responsibilities. Licensee, at its sole cost and expense, shall pay for all utilities which may include, but is not limited to, electricity, water, storm water fees, gas, telephone, television, cable, telecommunications, internet, garbage and sewage disposal used by Licensee during its occupancy of the Property, as well as all costs for installation of any lines and equipment necessary. Licensee, at its sole cost, shall install, as applicable, all utilities required for its use, and arrange for direct utility billing from all applicable utility companies for such services. The City is not a guarantor or in any manner responsible for payment of Licensee's responsibilities as they are set forth in this Agreement. Licensee, at its sole cost and expense, shall provide cleaning and janitorial services and hire pest and teuirite control services for the Property, as needed, to ensure that the Property will at all times be in a clean and sanitary condition and free from vermin. Licensee agrees to provide any and all security it deems necessary to protect its operations and equipment. Licensee shall ensure that all appropriate equipment and lights have been turned off and appropriate doors locked at the close of operations within the Property each day. Licensee shall be responsible to take prudent preventive maintenance measures to safeguard the Property from storms and other "Acts of God" as that term is defined by Florida law. 9.2 City's Responsibility. City, at its sole cost, shall pay for the following utilities: None. 6 The City reserves the right to interrupt, curtail or suspend the provision of any utility service provided by it, including but not limited to, heating, ventilating and air conditioning systems and equipment serving the Property, to which Licensee may be entitled hereunder, when necessary by reason of accident or emergency, or for repairs, alterations or improvements in the judgment of City desirable or necessary to be made or due to difficulty in obtaining supplies or labor or for any other cause beyond the reasonable control of the City. The work of such repairs, alterations or improvements shall be prosecuted with reasonable diligence. The City shall in no respect be liable for any failure of the utility companies or governmental authorities to supply utility service to Licensee or for any limitation of supply resulting from governmental orders or .directives, Licensee shall not claim any damages by reason of the City's or other individual's interruption, curtailment or suspension of a utility service, nor shall the Revocable License or any of Licensee's obligations hereunder be affected or reduced thereby. 10. Reporting Requirements. Licensee shall prepare, or cause to be prepared, the following reports and documents identified in Paragraph the subsections below and submit them to the Director of Real Estate and Asset Management Department, City of Miami, 444 SW 211`1 Avenue, 3rd Floor, Miami, FL 33130 by the timeframes identified below and detailed in Exhibit "B" attached hereto and incorporated herein by reference. 10.1 Financials. Within one hundred twenty (120) days after the end of its fiscal year, Licensee shall deliver or cause to be delivered to the City of Miami's Director of Real Estate and Asset Management Department ("Director"), an audited financial statement which includes, among other things, information on the Licensee's business operations for the fiscal year, including the following: (i) grants, subsidies, rebates, credits or similar benefits received from any federal, state, regional or local body, agency, authority, department or organization which revenues are unrestricted or are to be used for general operating expenses; (ii) all donations and contributions received which revenues are unrestricted or are to be used for general operating expenses; (iii) revenue from services, program fees, membership dues; (iv) revenue from advertising and sponsorship conducted on the Property; (v) revenue from concession sales and all other receipts whatsoever of all business conducted in or from the Property; (vi) all revenue from sales and services generated on or from the Property; (vii) all revenue by Licensee or any business entity or venture which has involvement of Licensee's principals, in connection with the use of the Property, any facility thereon, or any portion thereof for any period of time, including without limitation, special events and fundraising events, held on the Property; Such audited financial statement shall be prepared by an independent certified public accountant (CPA) employed at the Licensee's sole cost and expense. In the event Licensee is unable to timely submit the audited financial statement and provided Licensee has commenced and diligently pursued the completion of the audited financial statement, Licensee may request from 7 the City a thirty (30) day extension to complete the audited financial statement, which request shall not be unreasonably denied. Said CPA shall attest that such statement is prepared in accordance with generally accepted accounting principles and practices and represents the results of operations for the period indicated therein. Notwithstanding the above and during the Effective Term of this Agreement described in Paragraph 6 herein and for a period expiring three (3) years after the expiration of the term, at its option, the City may, at its sole cost and expense, audit Licensee's business affairs, records, program files, sales slips and sales tax records in connection with Licensee's sales on, from or related to the Property for the period covered by any financial statement, report or record furnished to the City. Licensee shall allow the City or auditors of the City to inspect all or any part of the source documents and records for the aforesaid monthly reports. Said inspection shall be conducted at the sole discretion of the City. Records shall be available Monday through Friday, inclusive, between the hours of 8:00 AM and 5:00 PM at the Licensee's address provided in Paragraph 25 of this Agreement. Copies requested by the City shall be furnished to the City at no cost. 10.2 IRS Form 990 Tax Returns. Licensee shall deliver or cause to be delivered to the Director annually a copy of its IRS Form 990 30 days after it is due to the IRS. If Licensee request an extension from the IRS, Licensee must submit a copy of the approved extension request to the Director. Thereafter, submit the Form 990 when it has been officially submitted. Tax Return no later than three months after the end of its fiscal year. 10.3 Preventive Maintenance Report. No later than December 31 of each year, Licensee, at its own cost and expense, shall perform a physical inspection of the Property in accordance with City, County and State code requirements as part of a preventive maintenance program and shall submit an inspection report to the City of any deteriorating conditions found at the Property ("Preventive Maintenance Report"). Within sixty (60) days of completing said inspection, Licensee shall submit a remediation plan to the City, to be approved by the City Manager or his/her designee, for all conditions requiring repair, replacement or modification as noted in the inspection report. As part of the physical inspection of the Property, Licensee shall perform or cause to be performed, the following preventive maintenance services: (i) Cleaning and janitorial services for the Property; (ii) Grounds services, including lawn, shrub and tree maintenance and removal of any rubbish or obstructions from the Property; (iii) Interior and exterior window cleaning to be performed as needed but no less than once every one hundred and twenty (120) days; (iv) Vermin control as necessary, but no less than once every sixty (60) days; (v) Periodic maintenance and cleaning of kitchen and exhaust equipment, and grease traps or grease inceptors, if applicable; 8 (vi) Painting of interior and exterior of buildings, including caulking of all window and door frames, painting of signs, if applicable and restriping of parking lot on .the licensed Property, as necessary, but no less than every five (5) years; (vii) Pressure clean roof as necessary, or upon written request by the City; viii) Replace roof as necessary or upon written request by the City. If Licensee refuses, neglects or fails to provide the above services or does not provide adequate services within thirty (30) days after written demand from the City, City may take corrective measures or cause the Property to be cleaned or repaired without waiving its right, based upon any violation of the Licensee and without releasing Licensee from any obligations hereunder. Licensee shall pay City as additional payments the full cost of such work within thirty (30) days of Licensee's receipt from the City of an invoice indicating the cost of such corrective measures or clean-up. Failure to pay such invoice as directed without the necessity of City repairing the Property shall constitute a violation of this Agreement. Nothing herein shall imply that maintenance, repair, and inspections should be performed by Licensee only at the suggested intervals. Licensee shall, at all times, be responsible for the condition of the Property and shall perform repairs required in a timely manner so as to prevent injury to person and waste to property. 10.4 Clients Served. Licensee shall deliver or cause to be delivered to the Director annually a certified report of the total number of clients served each month, in the form specified and attached hereto as Exhibit "G," by no later than November 15th of each year during the Term of this Agreement. 11. Condition of the Property and Maintenance. Licensee accepts the Property "as is", in its present condition and state of repair and without any representation or affirmation by or on behalf of City, and agrees that City shall, under no circumstances, be liable for any latent, patent, or other defects in the Property. Licensee, at its sole cost, shall maintain the Property in good order and repair at all times and in an attractive, clean, safe and sanitary condition and shall suffer no waste or injury thereto. Licensee shall be responsible for all repairs to the Property required or caused by Licensee's use of any part thereof Licensee agrees to make all changes necessary to the Property at Licensee's sole cost and expense in order to comply with all City, County, and State code requirements for Licensee's occupancy thereof 12. Alterations, Additions or Replacements. Except in the event of an emergency, Licensee shall not make any repair in excess of One Thousand Dollars ($1,000.00) without first receiving the written approval of the City, which approval may be conditioned, denied, or withheld for any or no reason whatsoever, including a condition to pay additional fees if such alteration will affect the cost of services being provided by the City. If the City Manager or his/her designee approves such request, no repair or alteration shall be commenced until plans and specifications therefore shall have been submitted to and approved by the City Manager or his/her designee. The Licensee shall be solely responsible for applying and acquiring all necessary permits, including but not limited to, building permits. The Licensee shall be responsible for any and all costs associated with any alterations including, but not limited to, design, construction, installation 9 and permitting costs. All alterations to the Property, whether or not by or at the expense of the Licensee, shall, unless otherwise provided by written agreement of the parties hereto, immediately upon their completion become the property of the City and shall remain and be surrendered with the Property. In the event of an emergency, Licensee may reasonably proceed to perform such repair work and shall immediately notify City of such work. All alterations must be in compliance with all statutes, laws, codes, ordinances and regulations of the State of Florida, Miami -Dade County, City of Miami and any other agency that may have jurisdiction over the Property as they presently exist and as they may be amended hereafter. In the event of an emergency, Licensee shall reasonably proceed to perform such repair work and shall immediately notify the City Manager or his/her designee of such work. 13. Violations, Liens and Security Interests. The Licensee shall not suffer or permit any statutory, laborers, material person, or construction liens to be filed against the title to the Property, nor against any alteration by any reason, including but not limited to, by reason of work, labor, services, tax liabilities or materials supplied to the Licensee or anyone having permission to occupy the Property. Nothing in this Agreement shall be construed as constituting the consent or request of the City, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or material person for the performance of any labor or the furnishing of any materials for any specific alteration, or repair of or to the Property nor as giving the Licensee the right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any construction liens against the Property. If any construction, tax or other lien shall at any time be filed against the Property, the Licensee shall cause it to be discharged of record within fifteen (15) days after the date the Licensee acquires knowledge of its filing. If the Licensee shall fail to discharge a construction or other lien within that period, then in addition to any other right or remedy available to the City, the City may, but shall not be obligated to, discharge the lien either by paying the amount claimed to be due or by procuring the discharge of the lien by deposit in court of bonding or other acceptable form of security in lieu thereof. Additionally, the City may compel the prosecution of an action for the foreclosure of the construction lien by the lienor and pay the amount of the judgment, if any, in favor of the lienor (with interest, costs and allowances), with the understanding that all amounts paid by the City shall constitute additional payments due and payable under this Agreement and shall be repaid to the City by the Licensee immediately upon rendition of any invoice or bill by the City. The Licensee shall not be required to pay or discharge any statutory, laborers, supplies, material person or construction lien so long as the Licensee proceeds as follows: (i) the Licensee shall in good faith proceed to contest the lien by appropriate proceedings; (ii) the Licensee shall have given notice in writing to the City of its intention to contest the validity of the lien; and (iii) the Licensee shall furnish and keep in effect a surety bond of a responsible and substantial surety company reasonably acceptable to the City or other security reasonably satisfactory to the City in an amount sufficient to pay one hundred ten percent (110%) of the amount of the contested lien claim with all interest on it and costs and expenses, including reasonable attorneys' fees, to be incurred in connection therewith. 10 Licensee further agrees to hold City harmless from, and to indemnify the City against, any and all claims, demands and expenses, including reasonable attorney's fees, by reason of any claims of any contractor, subcontractor, material person, laborer or any other third person with whom Licensee has contracted or otherwise is found liable for, in respect to the Property. 14. City Access to Property. City and its authorized representative(s) shall have access to the Property at all reasonable times, whether or not during normal business hours. Upon execution of this Agreement, Licensee, at its sole cost and expense, shall deliver a complete set of keys to the Property, including any facilities located thereon, to City. City will maintain a complete set of keys to the Property. Licensee, at its sole cost and expense, may duplicate or change key locks to the Property but not until first receiving written approval from the Director for such work. In the event Licensee changes key locks as approved by the Director. Licensee, at its sole cost and expense, must also provide to City a copy or copies of said keys, if more than one copy is required. The City shall have access to and entry into the Property at any time to (1) inspect the Property, (2) to perform any obligations of Licensee hereunder which Licensee has failed to perform after written notice thereof to Licensee, Licensee not having cured such matter within ten (10) days of such notice, (3) to assure Licensee's compliance with the terms and provisions of this Agreement and all applicable laws, ordinances, codes, rules and regulations, (4) to show the Property, inclusive of the Property, to prospective purchasers or tenants, and (5) for other purposes as may be deemed necessary by the City Manager in the furtherance of the City's corporate/municipal purposes, provided, however, that the City shall make a diligent effort to provide at least 24-hours advance written notice and Licensee shall have the right to have one or more of its representatives or employees present during the time of any such entry. The City, its officials, employees and agents, shall not be liable for any loss, cost or damage to the Licensee by reason of the exercise by the City of the right of entry described herein for the purposes listed above. The making of periodic inspection or the failure to do so shall not operate to impose upon City any liability of any kind whatsoever nor relieve the Licensee of any responsibility, obligations or liability assumed under this Agreement. 15. Indemnification and Hold Harmless. Licensee shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by 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 Licensee's obligations contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Licensee, its employees, agents or subcontractors (collectively referred to as "Licensee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission or default or negligence (whether active or passive) of the Indemnitees; or, (ii) the failure of the Licensee to comply with any of the requirements herein or the failure of the Licensee to conform to statutes, ordinances, codes, rules, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Licensee expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities 11 which may be asserted by an employee or former employee of Licensee, or any of its subcontractors, as provided above, for which the Licensee's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Licensee further voluntarily and knowingly acknowledges that, as lawful consideration for being granted the right to utilize and occupy the Property, Licensee, on behalf of itself, its agents, invitees and employees, does hereby release from any legal liability the Indemnitees, from any and all claims for injury, death or property damage resulting from Licensee's use of the Property. The Licensee affirms that the granting of this Agreement is good, sufficient and independent consideration granted by the City for this Indemnification and Hold Harmless, which shall survive the termination or expiration of the Agreement. 16. Insurance. Licensee, at its sole cost, shall obtain and maintain in full force and effect at all times throughout the period of this Agreement, the insurance as set forth in Exhibit "C" attached hereto and made a part hereof. 17. No Liability. In no event shall the City be liable or responsible for injury, loss or damage to the property, improvements, fixtures and/or equipment belonging to or rented by Licensee, its officers, agents, employees, invitees or patrons occurring in or about the Property that may be stolen, destroyed, or in any way damaged by any occurrence including, without limitation, vandalism, theft, fire, flood, steam, electricity, gas, water, rain, which may leak or flow from or into any part of the Property, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the Property, or from hurricane or any Act of God or any act of negligence of any user of the facilities or occupants of the Property or any person whomsoever whether such damage or injury results from conditions arising upon the Property or upon other portions of the Property or from other sources. Licensee indemnifies the City, its officers, employees, and agents from and against any and all such claims even if the claims, costs, liabilities, suits, actions, damages or causes of action arise from the negligence or alleged negligence of the City, including any of its employees, agents, or officials. Licensee further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Property, Licensee, on behalf of himself, his agents, invitees, and employees, does hereby release from any legal liability the City, its officers, employees, and agents, from any and all claims for injury, death, or property damage resulting from Licensee's use of the Property. 18. Safety. Licensee will allow City inspectors, agents or representatives the ability to monitor its compliance with safety precautions as required by federal, state or local laws, rules, regulations, and ordinances. By performing these inspections, the City, its agents, or representatives are not assuming any liability by virtue of these laws, rules, regulations, and ordinances. Licensee shall have no recourse against the City, its agents, or representatives from the occurrence, nonoccurrence or result of such inspection(s). Upon issuance of a notice to proceed, the Licensee shall contact the Risk Management Department at (305) 416-1700 to schedule the inspection(s). 12 19. Taxes and Fees. Licensee shall pay before any fine, penalty, interest or costs is added for nonpayment, any and all charges, fees, taxes, impositions, or assessments levied against the Property (collectively Assessments), its proportionate share of use of the Property and/or against personal property of any kind, owned by or placed in, upon or about the Property by Licensee, including, but not limited to, ad valorem taxes, fire fees, if any, and parking surcharges. In the event Licensee appeals an Assessment, Licensee shall immediately notify the City Manager of its intention to appeal said Assessment and shall furnish and keep in effect a surety bond of a responsible and substantial surety company reasonably acceptable to the City Manager, or his/her authorized designee, or other security reasonably satisfactory to the City Manager, or his/her authorized designee, in an amount sufficient to pay one hundred percent (100%) of the contested Assessment with all interest on it and costs and expenses, including reasonable attorneys' fees to be incurred in connection with it. 20. Revocation or Termination. (i) Revocation by Request of Either of the Parties Without Cause. Either Party may revoke this Agreement at any time without cause by giving not less than thirty (30) days written notice to the other Party prior to the effective date of the revocation. This is a revocation for convenience clause and neither Party shall have any recourse against the other Party due to the exercise of such revocation provided; however, that Licensee must pay its fees due to the City under this Agreement through the effective date of such revocation. (ii) Revocation by City Manager for Cause. If, at the sole and absolute discretion of the City Manager, Licensee in any manner violates the restrictions, terms, or conditions of this Agreement, then, the City may revoke this Agreement upon ten (10) days written notice to Licensee and Licensee's subsequent failure to cure such violation within the ten (10) day notice period. If such violation is not cureable, then the City may revoke this Agreement immediately upon written notice. Any revocation made pursuant to this Section shall be automatic, without further action taken by the City, after the applicable notice period expires and the violation is not cured by Licensee. 21. Notices. All notices or other communications which may be given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to City and Licensee at the address indicated herein or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier: AS TO THE LICENSEE AS TO THE CITY: 13 Attn: Executive Director Allapattah-Wynwood Community and Development Center, Inc. 1500 NW 16th Avenue, Miami, FL 33125 WITH A COPY TO: Attn: Daniel A. Milian Fowler White Burnett Attorneys at Law Brickell Arch, 1395 Brickell Avenue, 14th Floor Miami, FL 33131 Attn: City Manager City of Miami City Manager's Office 444 SW 2" Avenue, loth Floor Miami, FL 33130 WITH A COPY TO: Attn: City Attorney City of Miami Office of the City Attorney 444 SW 2' Avenue, 9th Floor Miami, FL 33130 Attn: Director City of Miami Department of Real Estate and Asset Management 444 SW 2" d Avenue, 3' Floor Miami, FL 33130 22. Advertising. Licensee shall not permit any signs or advertising matter, except those required by law, to be placed either in the interior or upon the exterior of the Property without having first obtained the approval of the Director or his/her designee, which approval may be withheld for any or no reason, at his/her sole discretion. Licensee shall, at its sole cost and expense, install, provide, maintain such sign, decoration, advertising matter or other things as may be permitted hereunder in good condition and repair at all times. Licensee must further obtain approvals, permits, or other required approvals by whatever name called, from all governmental authorities having jurisdiction, and must comply with all applicable requirements set forth in the Miami -Dade County Code, the City of Miami Code and Zoning Ordinance. Any signage existing as of the date of this Agreement is in compliance with the requirements in this section. Upon the revocation or expiration of this Agreement, Licensee shall, at its sole cost and expense, remove any sign, decoration, advertising matter or other thing permitted hereunder from the Property. If any part of the Property is in any way damaged by the removal of such items, said damage shall be repaired by Licensee at its sole cost and expense. Should Licensee fail to repair any damage caused to the Property within ten (10) days after receipt of written notice from City directing the required repairs, City shall cause the Property to be repaired at the sole cost and expense of Licensee. Licensee shall pay City the full cost of such repairs within five (5) days of receipt of an invoice indicating the cost of such required repairs. 14 Licensee hereby understands and agrees that the City may, at its sole discretion, erect or place upon the Property an appropriate sign, plaque, or historic marker indicating City's having issued this Agreement. 23. Hazardous Materials. The Licensee shall, at its sole cost and expense, at all times and in all respects comply with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders relating to hazardous materials ("Hazardous Materials Laws"), including, without limitation, any Hazardous Materials Laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation of any flammable explosives, toxic substances or other hazardous, contaminated or polluting materials, substances or wastes, including, without limitation, any "Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances" (collectively "Hazardous Materials"), under any such laws, ordinances or regulations. The Licensee shall, at its sole cost and expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to the presence of Hazardous Materials within, on, under or about the Property or required for the Licensee's use of any Hazardous Materials in or about the Property in conformity with all applicable Hazardous Materials Laws .and prudent industry practices regarding management of such Hazardous Materials. Upon revocation or expiration of this Agreement, the Licensee shall, at its sole cost and expense, cause all Hazardous Materials, including their storage devices, placed in or about the Property by the Licensee or at the Licensee's direction, to be removed from the Property and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws. The Licensee may operate according to the custom of the industry so long as the use or presence of Hazardous Materials is strictly and properly monitored according to, and in compliance with, all applicable governmental requirements. The requirements of this Paragraph shall survive the revocation or expiration of this Agreement. The City represents that: (i) To the best of its knowledge there are no environmental violations, whether under federal, state, or local laws, existing on the Property; and (ii) To the best of its knowledge there are no Hazardous Materials presently existing on the Property. 24. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Licensee may, have an appropriately licensed person test the Property for radon. If the radon level exceeds acceptable EPA standards, the City may choose to reduce the radon level to an acceptable EPA level, failing which either party may cancel this License. 25. Licenses, Authorizations and Permits. Licensee shall obtain, or cause to be obtained, and maintain in full force and effect throughout the term of this Agreement, at its sole expense, all local, state, and federal licenses, 15 authorizations and permits that are necessary for Licensee to conduct its commercial activities. Licensee shall be responsible for paying the cost of said applications and obtaining said licenses, authorizations and permits. 26. Compliance with all Applicable Laws. Licensee accepts this Agreement and hereby acknowledges that Licensee's strict compliance with all applicable federal, state, and local laws, codes, ordinances, and regulations is a condition of this Agreement, and Licensee shall comply therewith as the same presently exist and as they may be amended hereafter. This Agreement shall be construed and enforced according to the laws of the State of Florida. 27. Ownership of Improvements. As of the Effective Date and throughout the use period, all buildings and improvements on the Property shall be vested with the City. Furthermore, title to all alterations made in or to the Property, whether or not by or at the expense of Licensee, shall, unless otherwise provided by written agreement, immediately upon their completion become the property of the City and shall remain and be surrendered with the Property. 28. Surrender of Property. Upon expiration of this Agreement, or its early termination or revocation, Licensee shall peacefully surrender the Property in good condition and repair together with all alterations, fixtures, installation, additions, and improvements which may have been made in or attached on or to the Property. Licensee shall promptly remove all its personal property, trade fixtures, and equipment and Licensee shall repair any damage to the Property caused thereby. Should Licensee fail to repair such damage to the Property within ten (10) days after receipt of written notice from City directing the required repairs, City may cause the Property to be repaired at the sole cost and expense of Licensee. Licensee shall pay City the full reasonable cost of such repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs. Ordinary wear and tear shall be deemed not to include damage or injury caused by moving Licensee's property or trade fixtures into or out of the Licensed Property. At City's option, City may require Licensee to restore the Property so that the Property shall be as it was on the Effective Date of this Agreement. In the event Licensee fails to remove its personal property, equipment, and fixtures from the Property within the time limit set by the notice, said property shall be deemed abandoned and thereupon shall become the sole personal property of the City. The City, at its sole discretion and without liability, may remove and/or dispose of same as City sees fit, all at Licensee's sole cost and expense. 29. Severability and Savings Clause. It is the express intent of the Parties that this Agreement constitutes a license and not a lease. To further this intent, the parties agree as follows: (i) if any provision of this Agreement, or the application thereof to any circumstance, suggest that a lease, rather than a license, has been created, then such provision shall be interpreted in the light most favorable to the creation of a license and (ii) if any provision of this Agreement, or the application thereof to any circumstance, is determined by a court of competent jurisdiction to have created a lease rather than a license, then such provision shall be stricken and, to the fullest extent possible, the remaining provisions of this 16 Agreement shall not be affected thereby and shall continue to operate and remain in full force and effect. With regard to those provisions that do not affect the Parties intent for this Agreement, should any provision, section, paragraph, sentence, word or phrase 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 or the City of Miami, such provision, section, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then 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 or limitation of its use. 30. No Assignment or Transfer. The license granted herein is non -delegable and non -assignable. Licensee may not assign or transfer its privilege to occupy and use the Property granted herein to any other person or entity. Any assignment, sale or disposition of this Agreement or any interest therein by Licensee shall result in the automatic revocation of this Agreement without notice by the City. 31. Public Records. Licensee understands that the public shall have access, at all reasonable times, to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. IF LICENSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO LICENSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(i4MIAMIGOV.COM, OR REGULAR EMAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. LICENSEE MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. 33. Conflict of Interest. Licensee is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code, Section 2-11.1 et. seq.) and of the State of Florida as set forth in the Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. Licensee covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the City. Licensee further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of Licensee, its employees or associated persons, or entities must be disclosed in writing to the City. 32. Americans with Disabilities Act. Licensee shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and 17 all applicable regulations, guidelines and standards. Additionally, Licensee shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. 33. Nondiscrimination. In the performance of this Agreement or any extension thereof, Licensee and/or its authorized agents shall not discriminate in connection with its occupancy and use of the Property and improvements thereon, or against any employee or applicant for employment because of race, ancestry, national origin, color, sex, religion, age, disability, familial status, marital status or sexual orientation. Licensee and/or its authorized agents will ensure that its employees are fairly treated during employment without regard to their race, national origin, ancestry, color, sex, religion, age, disability, familial status, marital status or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. 34. Attorney(s') Fees. In the event it becomes necessary for either Party to institute legal proceedings to enforce the provisions of this Agreement, each Party shall bear its own attorneys' fees through all trial and appellate levels. 35. Litigation; Venue. Venue for any dispute or civil action that arises in connection with this Agreement shall be in the state and federal court located in Miami -Dade County, Florida. The Parties shall cooperate in good faith to mediate any dispute without litigation. However, this is not intended to establish mediation as a condition precedent before pursuing specific performance, equitable or injunctive relief, nor shall any such mediation be binding on the Parties. 36. Waiver of Jury Trial. The parties hereby knowingly, irrevocably, voluntarily, and intentionally waive any right either may have to a trial by jury in respect of any action, proceeding or counterclaim based on this Agreement, or arising out of, under or in connection with this Agreement or any amendment or modification of this Agreement, or any other agreement executed by and between the parties in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto. This waiver of jury trial provision is a material inducement for the City and Licensee entering into the subject transaction. 37. No Waiver. Any waiver by either Party or any breach by either Party of any one or more of the covenants, conditions or provisions of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement, nor shall any failure on the part of the City to require or exact full and complete compliance by Licensee with any of the covenants, conditions or provisions of this Agreement be construed as in any manner changing the terms hereof to prevent the City from enforcing in full the provisions hereto, nor shall the terms of this Agreement be changed or altered in any manner whatsoever other than by written agreement of the City and Licensee. 18 38. Time of Essence. It is expressly agreed by the parties hereto that time is of the essence with respect to this Agreement. If the final day of any period falls on a weekend or legal holiday, then the final day of said period or the date of performance shall be extended to the next business day thereafter. 39. No Interpretation Against Draftsmen. The Parties agree that no provision of this Agreement shall be construed against any particular Party and each Party shall be deemed to have drafted this Agreement. This Agreement is the result of negotiations between the Parties and has been typed/printed by one Party for the convenience of both Parties, and the Parties covenant that this Agreement shall not be construed in favor of or against either of the Parties. 40. Further Acts. In addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by the Parties, the Parties each agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all such further acts, deeds and assurances as may be necessary to consummate the transactions contemplated hereby. 41. Third Party Beneficiary. This Agreement is solely for the benefit of the Parties hereto and no third party shall be entitled to claim or enforce any rights hereunder. 42. No Partnership. Nothing contained herein shall make, or be construed to make any party a principal, agent, partner or joint venture of the other. 43. Headings. Title and paragraph headings are for convenient reference and are not a part of this Agreement. 44. Authority. Each of the Parties hereto acknowledges it is duly authorized to enter into this Agreement and that the signatories below are duly authorized to execute this Agreement in their respective behalf. For the City, appropriate authorization shall be construed to mean appropriate formal action by the City Manager or the City Manager's designee, or if required by law, the Miami City Commission. 45. Entire Agreement. The Parties hereto agree that this Agreement set forth the entire agreement between the Parties, and there are no promises or understandings other than those stated herein. None of the provisions, terrirs and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except as may be specifically authorized herein or by written instrument executed by the Parties hereto. 46. Amendments and Modifications. No amendments or modifications to this Agreement shall be binding on either Party unless in writing, approved as to form and correctness by the City Attorney, and signed by both Parties. 19 47. Electronic Signatures/Counterparts. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the Party whose name is contained therein. Any Party providing an electronic signature agrees to promptly execute and deliver to the other Parties an original signed Agreement upon request. [SIGNATURE PAGE FOLLOWS] Remainder of page intentionally blank 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. LICENSEE ALLAPATTAH-WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC. ATTEST: A Florida not -for -profit corporation Witness 1: BY: LIJ NAME: (0)0J 7"o13(feeif TITLE: � rea r o,t, Witness 2: BY: NAME: TITLE: �avt�a, ga, Caaellex 21 BY: tk-tAftif rewstu. NAME: 1-1e4 r S rbr1 f eC-A TITLE: Inra rAt +" ! &(eeE) 1i ve Signature page continued for Revocable License Agreement Issued by the City of Miami to Allapattah-Wvnwood Community and Development Center, Inc. for the Occupancy of the Property Located at 1500 Northwest 16tdi Avenue, Miami, Florida 33125 DocuSigned by: THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF ATTEST: FLORIDA BY: DocuSigned by: �E46D7560DCF1459... Todd B. Hannon City Clerk BY: DocuSigned by: L avflutr Norma 850CF6C372DD42A... Arthur Noriega City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: DocuSigned by: r10-ooAr4rC 157... BY: DocuSigned by: Fr'a / GowAt,flj \-27a96t,o31o2 i'E7... Victoria Mendez Ann -Marie Sharpe City Attorney DS Matter No. 22-3049 VHF 22 Director of Risk Management EXHIBIT A DESCRIPTION OF PROPERTY Address: 1500 NW 16th Avenue, Miami, Florida 33125 Folio Number: 01-3135-004-0330 Legal Description: Lot 43, in BLANTON PARK, according to the Plat thereof, as recorded in Plat Book 9, at Page 58, of the Public Records of Miami -Dade County, Florida, TOGETHER WITH: Lot 1, in Block 2, of SOUTH ALLAPATTAH MANOR, according to the Plat thereof, as recorded in Plat Book 16, at Page 6, of the Public Records of Miami -Dade County, Florida. 23 EXHIBIT B REPORTING REQUIRMENTS TYPE OF REPORT DUE DATE Audited Financial Statement No later than 120 days after end of fiscal year Form 990 No later than 30 days after its been submitted to the IRS Preventative Maintenance Report No later than December 31 of each year Clients Served Report No later than the 15t1' of November following the Anniversary Date of the Agreement 24 EXHIBIT C INSURANCE REQUIRMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement Abuse and Molestation Coverage II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $500,000 B. Endorsements Required 25 City of Miami included as an Additional Insured III. Worker's Compensation (i) Limits of Liability Statutory -State of Florida Waiver of subrogation (ii) 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. Property Commercial Property Insurance covering the Building and Business Personal Property owned by Allapattah Community Action Inc. Commercial property insurance shall, at a minimum, cover the perils insured under the ISO Special Causes of Loss Special Form (CP 10 30), or a substitute form providing equivalent coverages written on an All Risk or Direct Physical Loss or Damage, including wind and named storm coverage and hail, and flood. Ordinance and law coverage and debris removal shall also be included as well as business income. The property COI must reflect replacement cost valuation, and list the City as loss payee. V. Professional/E&O Limits of Liability Each Claim 26 $1,000,000 Policy Aggregate $1,000,000 VI. Student Accident $10,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 27 ACORO ALLAP-1 OP ID: NY CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/27/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, If SUBROGATION IS WAIVED, subject to the terms and conditions this certificate does not confer rights to the certificate holder in lieu the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. of the policy, certain policies may require an endorsement. A statement on of such endorsement(s). PRODUCER Combined Underwriters of Miami 8240 N.W. 52 Terr, Suite 408 Miami, FL 33166 NIA YASHER INSURED ALLAPATTAH-WYNWOOD COMM DEV CTR ALLAPATAH-WYNWD JARDIN INFANT! 1500 NW 16TH AVENUE MIAMI, FL 33125 305-477-0444 CONTACT NIA YASHER NAME: PHONE 305-477-0444 (A/C, No, Ext): FAX, No):305-599-2343 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A : ATEGRITY SPECIALTY NAIC # 16427 INSURER B :UNDERWRITERS AT LLOYD'S LONDON 32737 INSURER C :UNITED STATES FIRE INSURANCE INSURER D :AMERICAN BANKERS INS. CO 10111 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 01-C-PK-P20082983-0 01-C-PK-P20082983-0 07/30/2023 07/30/2023 07/30/2024 07/30/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100,000 $ X ABUSE/MOLESTATION MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JECOT PER: LOC PRODUCTS - COMP/OP AGG $ INCLUDED $ 100/300K AUTOMOBILECOMBINED LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ U UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B C BUILDING STUDENT ACCIDENT 097590128101SO4 BSR-F100251-00 07/30/2023 10/15/2023 07/30/2024 10/15/2024 BUILDING LOSS INCO 1,417,000 30,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) STUDENT ACCIDENT: $100,000 Max Medical/$10,000 Accidental Death; PROFESSIONAL LIABILITY: $1,000,000; ABUSE & MOLESTATION $100,000/$300,000 PROPERTY: Special Perils, Replacement Cost, $2,500 Deductible, 5% Wind/Hail Deductible. LOSS OF INCOME IS OVER 6 MONTHS. INCLUDES LAW AND ORDINANCE CERTIFICATE HOLDER IS LISTED AS LOSS PAYEE CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI C/O DPT OF REAL ESTATE AND ASSET MANAGEMENT 444 SW 2ND AVENUE MIAMI, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC �� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY► 12/20/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eastern Insurance Group, Inc. SW 50th Terrace Suite 100 Miami FL 33155 CONTACT Amanda Nogues NAME: PHONE o. Exf): FAX(305) 595-3323 NO (305) 595-7135 MID7400 EMAIL amanda@easterninsurance.net ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: RetailFirst Insurance Company 10700 INSURED Allapattah-Wynwood Community and Development Center, Inc., DBA: 1500 NW 16th Avenue Miami FL 33125 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: Master 23-24 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I SD SUBR wvo POLICY NUMBER EFF (MMIDDY/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ I FRO- ®LOC PRODUCTS - COMP/OP AGG $ RPOLICY I OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea atcldent) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILYINJURY(Peraccident) $ HIRED AUTOS ONLY _ NON -OWNED AUTOS ONLY PROPERTY DAMAGE IPeraccident) $ _ _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB _ CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER f 1 STATUTE I ERH A AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE 02/15/2024 E.L. EACH ACCIDENT 1,000,000 $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N NIA 520-57318 02/15/2023 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave. 3rd Floor Miami 1 FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD PROOF OF PURCHASE: POLICY RATING, REVIEW OF Present a copy of the application and premium payment to satisfy the mortgagee's proof -of -purchase requirements. THE PREMIUM AND EFFECTIVE DATE OF COVERAGE ARE SUBJECT TO CHANGE BASED ON UNDERWRITING APPLICATION, SUPPORTING DOCUMENTATION RECEIVED BY THE COMPANY AND THE TIMELINESS OF PREMIUM RECEIVED. THE %VRIGHT Wright National Flood Insurance Company A Stock Company PO Box St. Petersburg,, FLFL,, 33733 Office: 800.820.3242 Fax: 800.850.3299 r load POLICY INFORMATIOa` Policy Number 091 15254310300 Application Date 01/04/2024 Policy Period 01/04/2024 to 01/04/2025 Waiting Period Loan Closing - No Wait Agency Number 741714 Premium paid by Insured Agency RSC INSURANCE BROKERAGE INC Insured Name ALLAPATAH-WYNWOOD COMM DEV CTR Agency Address 3250 N 29TH AVE Property Address 1500 NW 16TH AVE HOLLYWOOD, FL 33020-1313 MIAMI , FL 33125-2422 Agent Phone 954.963.6666 Premium Due By 01/13/2024 ' ATING INFORMATION Community Program Type Regular Building Occupancy Non -Residential Building Community Name MIAMI, CITY OF Foundation Type Slab on Grade Current Community Number 120650 Date of Construction 07/01/2007 Current Map Panel I Suffix 0311 L Replacement Cost $500,000 Map Date 09/11/2009 Principal/Primary Residence No Rate Category Rating Engine SFIP Form General Property OVERAGE / PREMIUM INFORMATION Coverage Building Contents Limits Deductible Premium $4,371 $1,234 $500,000 $1,250 $100,000 $1,250 PAYMENT INFORMATION Payment Method Name of Check Holder Check # Check Date Check Owner Signature Amount Check Insured 0000 01/04/2024 Premium Subtotal $5,680 Fees + $1,122 Discounts - $1,097 TOTAL AMOUNT DUE _ $5,705 �! k,t ,1,, S 5705.00 We must receive premium in full by 01/13/2024 to keep the policy period as shown in the Policy Information section above. NOTES NO COVERAGE EXISTS UNTIL PAYMENT OF TOTAL PREMIUM IS RECEIVED AND THE WAITING PERIOD HAS EXPIRED. Notice: This policy is not subject to cancellation for reasons other than those set forth in the National Flood Insurance Program rules and regulations. In matters involving billing disputes, cancellation is not available other than for billing processing error or fraud. REQUIRED DOCUMENTATION CHECKLIST (additional items, not indicated below, may be required) • Payment by Check • Cost Submit this Application Summary mailing to the address or photograph clarity. Tf the agency's records. valuation / appraisal including cost of foundation with the documents indicated above by using faxing to the number indicated at the top of this letter. payment method is ACH, EFT or Credit Card and no • the File Upload option on the website. Items may also be submitted by Faxed photographs are not acceptable per NFIP guidelines regarding documents are required, then this form and application that follows are for the LENDER INFORMATION CITY OF MIAMI 444 SW 2ND AVE FL 3 MIAMI, FL 33130 Lender Type: Loss Payee Lender Interest: Building Only Bill To Lender?: No This policy is issued by Wright National Flood Insurance Company 09115254310300 - 20240104095146 - 5,705.00 RISK RATING 2.0 FLOOD INSURANCE APPLICATIO WR IIIIIII 161-1IITRIGI-IT FAO Wright National Flood insurance Company A Stock Company PO Box 33003 St. Petersburg, FL, 33733 Office: 800.820.3242 Fax: 800.850.3299 Policy Number Bill To Renewal POLICY INFORMATION 09115254310300 Policy Period 01/04/2024 to 01/04/2025 Insured Waiting Period Loan Closing - No Wait AGENT/PRODUCER INFORMATION POLICYHOLDER INFORMATION Agency RSC INSURANCE Agency Address 3250 N 29TH City, State, Zip HOLLYWOOD, Agent Phone 954.963.6666 Email Address lisnay.diazgrisk-strategies.com Agency Number 741714 BROKERAGE INC AVE FL 33020-1313 Insured Name ALLAPATAH-WYNWOOD COMM DEV CTR Property Address 1500 NW 16TH AVE MIAMT , FL 33125-2422 Phone Number 786.986.5013 Email Address jardininfantil(c�yahoo.com Mailing Address 1500 NW 16TH AVE MIAMI , FL 33125-2422 1: ,L . UNITY INFORMATION Community Name MTAMI, CITY OF Community Program Type Regular Zone Determination No Current Community Number 120650 Map Date 09/11/2009 Current Map Panel I Suffix 0311 L Current Flood Zone AE UILDING LOCATIO County or Parrish MTAMI-DADE Leased Federal Land No Latitude 25.789212 CBRS/OPA No Longitude -80.22 1 733 BUILDING INFORMATION Building Occupancy Non -Residential Building Original Construction Date 07/01/2007 Building Description Other (Non -Residential) Number of Units in Building 1 Building Purpose Non -Residential Course of Construction No Residential Use Percentage 0% Walled & Roofed Yes Building Square Footage 5906 sq. ft. Over Water Not Over Water Number of Floors 1 Machinery and Equipment Discount No Construction Type Masonry Elevators No Foundation Type Slab on Grade Principal/Primary Residence No Percentage of Residency 50% or Less Replacement Cost $500,000 Additions and Extensions None Rental Property No Tenant Building Coverage Not Applicable BUILDING ELEVATION INFORMATION First Floor Height Used 3.5 Method to Determine First Floor Height Tool LENDER INFORMATION FL 3 Payee Building Only No CITY OF MIAMI 444 SW 2ND AVE MIAMT, FL 33130 Lender Type: Loss Lender Interest: Bill To Lender?: This policy is issued by Wright National Flood Insurance Company 09115254310300 - 20240104095146 - 5,705.00 RISK RATING 2.0 FLOOD INSURANCE APPLICATIO46,1114144 WR 161-1wRIGEIT Wright National Flood Insurance Company A Stock Company PO Box 33003 St. Petersburg, FL, 33733 Office: 800.820.3242 Fax: 800.850.3299 COVERAGE INFORMATION Deductible $1,250 $1,250 DISCOUNTS Coverage Building Contents Limits Premium $4,371 $1,234 Prior Newly Mapped Lapse No Newly Mapped Eligible No Prior Pre -FIRM Lapse No $500,000 $100,000 PREMIUMJRNFORMATION (ICC) Premium Discount 1 Building Premium Contents Premium Increased Cost of Compliance Mitigation Discount Community Rating System + 1 $4,371 + $1,234 + $75 - $0 - $1,097 FULL RISK PREMIUM L = $4,583 STATUTORY DISCOUNTS Annual Increase Cap - $0 Pre -FIRM Discount - $0 Newly Mapped Discount - $0 Other Statutory Discounts - $0 ADJUSTED PREMIUM = $4,583 Reserve Fund Assessment + $825 HFIAA Surcharge + $250 Federal Policy Fee + $47 Probation Surcharge + $0 TOTAL AMOUNT DUE _ $5,705 IMPORTANT DISCLOSURE REGARDING YOUR DEDUCTIBLE OPTION A variety of deductible options are available new deductible option of $10,000 for A deductible is a fixed amount or percentage amount of your deductible is an important Although a higher deductible will lower pocket expenses for repairs will be borne Property and Personal Property claims. lender before electing a deductible amount, By signing this application, I acknowledge insureds listed on the Flood Insurance for your flood insurance policy. Effective policies covering 1-4 family residential properties. of any loss covered by insurance decision. the premium you pay, it most likely will by you to the extent of the deductible If your mortgage lender is requiring this as it may require a limited deductible. the above Important Disclosure Application. April 1, 2015, the National Flood Insurance Program is introducing a which is borne by the insured prior to the insurer's liability. Choosing the reduce your claim payment(s) in the event of a covered loss, as the out-of- selected. The deductible(s) you have chosen will apply separately to Building policy, it is important that you discuss higher deductible options with your Regarding Your Deductible Options has been provided to all named INFORMATION AFFIRMATIO •.. I understand that my building coverage is lower than the replacement cost The above statements are correct to the best of my knowledge. I understand that applicable federal law. This application is non -binding and subject to review and approval by the issuance. Please retain a signed copy in your files for audit purposes, and submit section of the Flood Application Summary. Carefully review the application being provided for accuracy. Price and terms associated be available if FEMA rates change. Please refer to the policy for complete terms, financial size category and additional information on the insurance carrier shown of my structure. Initials: any false statements may be punishable by fine or imprisonment under company. Full amount of premium must accompany this application for the item(s) indicated in the Required Documentation Checklist with this application are subject to underwriting review and may not conditions, and exclusions. Please refer to www.ambest.com for rating, on this application. Print Name of Insured Signature of Insured Date Print Name of Agent/Broker Signature of Agent/Broker Date This policy is issued by Wright National Flood Insurance Company 09115254310300 - 20240104095146 - 5,705 00 RISK RATING 2.0 FLOOD INSURANCE APPLICATIO WRIGHT ,aod Wright National Flood Insurance Company A Stock Company PO Box 33003 St. Petersburg, FL, 33733 Office: 800.820.3242 Fax: 800.850.3299 LEGAL INFORMATION Non -Discrimination No person or organization shall be excluded from participation in, denied the benefits of, or subjected to discrimination under the Program authorized by the Act, on the grounds of race, color, creed, sex, age or national origin. Privacy Act The information requested is necessary to process your application for flood insurance. The authority to collect the information is Title 42, U.S. Code, Section 4001 to 4028. It is voluntary on your part to furnish the information. It will not be disclosed outside the Federal Emergency Management Agency except to the servicing office acting as the government's fiscal agent, to routine users, to your agent and any lender named on your policy. This policy is issued by Wright National Flood Insurance Company 09115254310300 - 20240104095146 - 5,705.00 Allapattah - Wynwood METRO-DADE Community Development Center, Inc. DEPARTMENT OF HUMAN RESOURCES 1500 N.W. 16`h Avenue ICI AFFILIATED AGENCY Miami, Florida 33125 N (305) 547-1382 Fax (305) 547-1766 October 2nd 2023 To whom it may concern: This letter is to advise that the all the vehicles that belong to the staff and to the administration are personal vehicles and are not used for business purposes. Herbert S Fonseca President/Executive Director "LOVE YOUR NEIGHBOR" WI Allapattah - Wynwood Community Development Center, Inc. 1500 N.W. 16`h Avenue Miami, Florida 33125 (305) 547-1382 Fax (305) 547-1766 March 27, 2024 To whom it may concern: METRO-DADE DEPARTMENT OF DUMAN RESOURCES Ill AFFILIATED AGENCY This letter is to advise that Allapattah Wynwood Community And Development Cener Inc., has no business personal property coverage. a—DOCuSignc,r by f'elA,Sittt CA4CF.. Herbert S Fonseca "LOVE YOUR NEIGHBOR" EXHIBIT D CITY OF MIAMI RESOLUTION [on the following page] 28 * INCH! !MATH) I MI fir J Q R4A1 City of Miami Legislation Resolution Enactment Number: R-23-0166 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13747 Final Action Date:411312023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 18-85(A) OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; BY A FOUR -FIFTHS AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-176(B) OF THE CITY CODE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ALLAPATTAH-WYNWOOD COMMUNITY & DEVELOPMENT, INC. FOR THE PURPOSE OF PROVIDING LOW-COST DAYCARE SERVICE TO AREA RESIDENTS ON THE CITY -OWNED PROPERTY LOCATED AT 1500 NORTHWEST 16 AVENUE, MIAMI, FLORIDA, FOR A MONTHLY USE FEE EQUAL TO ONE DOLLAR ($1.00) PLUS TAXES, IF APPLICABLE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND ALL IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of the property located at 1500 Northwest 16th Avenue ("Property") previously known as the Allapattah Mini Park; and WHEREAS, pursuant to a Revocable Permit ("Permit") issued by the City on April 17, 1991, Allapattah-Wynwood Community & Development, Inc.("Licensee") was authorized to use the Property to provide day care services to young children of the Allapattah area; and WHEREAS, the Permit expired April 17, 2001; and WHEREAS, the City and Licensee entered into a Revocable License Agreement ("RLA") dated June 8, 2007, for a term of ten (10) years; and WHEREAS, Licensee has continued to occupy the Property and is presently operating a day care center therein; and WHEREAS, the Licensee is the owner of the land abutting the City Property and completed construction of a second day care facility which expanded the Licensee's service; and WHEREAS, the City and Licensee desire and intend to enter into a new Revocable License Agreement ("Agreement") authorizing the Licensee's continued use of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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 as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written recommendation and finding, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous, and waiving the requirements for said procedures, is hereby ratified, confirmed, and approved. Section 3. Pursuant to Section 18-176(b) of the City Code, by a four -fifths (4/5ths) affirmative vote, the City Manager is hereby authorized' to negotiate and execute an RLA, in a form acceptable to the City Attorney, with Licensee for the purpose of providing low-cost day- care service to area residents on the Property for a monthly use fee equal to one dollar ($1) plus taxes, if applicable. Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents, including, but not limited to, non-subtantive amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and all in compliance with applicable provisions of the City Code, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ez, ity ttor ey 4/4/2023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 1 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 City Charter and City Code provisions. EXHIBIT E ALLAPATTAH-WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC. BOARD RESOLUTION [on the following page] 29 WHEREAS, Allapattah-Wynwood Community and Development Center, Inc. ("Company") desires to enter into an agreement with the City of Miami substantially in the form of the agreement to which this Resolution is attached (the "Agreement"); and WHEREAS, the Board of Directors or Managing Members as applicable ("Governing Body") at a duly held meeting has considered the matter in accordance with the company's by-laws; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY that the Company intends to enter into the Agreement with the 'City of Miami and be bound by its terms and the "Authorized Person") as freLdvi bee b‘.,ezilrz. of the j7 l of Auhorfzcd Person Name of Authorized Person Company is hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other documents and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 12, day of 12?7 C. 20 a3 ' - Day Month tear BY: Witss Signature Witness Name tk-u44t-v+ Fatiusuo, Chairperson of Governing Body or Authorized Officer Affix Corporate Seal if applicable EXHIBIT F PROPERTY DEED [on the following page] 30 77R 77 43P ,. • ptrlated for .1.4wyera' Tllte duaranly Ads ch OrlaaMPIOAFIR ! A I :. AZ era '. R 9S35 PG 893 .feed (STATUTORY FORM -SECTION 689.02 F.S.) • MOM J11 rnittu,, Made this •; '. NORRIS ' VAN GELDER EN and of the County of Dade CITY OF MIAMI, FLORIDA whose post office address is 3'S o `� lst day of April MILDRED H. VAN OELDEREN, his State of Florida Thlr.instrumenl'was prepared by: Irving Ia': •Kalbyacic K.ALB MK &d'"THOMAS 16 LW. First Almeria b11AMI.,FLORIDA 33130 • • tea—, r c-_. • — m .r wife r . of the County of • Dade , State of Florida alittrursorttp. That said grantor, for and in considerat of the suns of Ten and No/ 100 19 77 $etutrett , grantor •, and , grantee', and usher good and valuable considerations to said grunter in (rand paid by stud grantee, the receipt whereof acknowledged, has granlod,, bargained end• sold to the said grantee. and •grantee's heirs and assigns forever, tic described land, situate, Tying and being in Dade County, Florida, to -wit: Lot 43 in BLANTON PARK. according to the Plat thereof, as recorded in Plat Boob 9, at Page, 58. of the Public Records of Dade County.. Florida, AND • Lot 1. in Block 2, of ALLAPATTAH MANOR. according to the Plat thereof. as recorded in Plat Book 16, at Page 6, of the Public Records of Dade County. Florida. THIS DEED is made and given subject to restrictions, reservations, and limitations. if any. of record; applicable zoning ordinances; taxes for the•year 1977 and subsequent years. Dollars, is hereby following rrrr cJ• e.n and said grunter does hereby fully warrant , the title to said land,- and, will defend the same against the lawful claims of all persons whomsoever. _ •"t:Z`raruur" and,•"grantee" are used tot singular or plural, as context requires. an YL7 itllees e11f, (ranter has hereunto .set grantor's Itund and seal the 'day and year first above written. Signed, sealed and delivered in our-1+rescuce: ' L ' ' Its.:- ' 1N1?i'. •'. • .(Seal ) (Seal) _ (Seal)' ...__. (Seal) STATE OF FLORIDA l' -.aka. ; 1. i C] COUNTY OF DADE 11E'REOY CERTIFY that on this Jduy before roe, an officer duly qualified • to take acknowledgments', personally appeared • NORRIS VAN to me }mown' to be the person s described in and who executed the foregoing instrument .and acknowledged before me that • i he ' executed the same. WITNESS my hand and official seal in the County and State last aforesaid ibis lst 1977. GELDEREN and MILDRED H. VAN GELDEREN, his wife ' My conupission 'Cxylrr" • • µ tows w arrichs.s. moms Wm le OW eouavi. septa►.. . µeeao rewno R1 ARDP. BRiNKER. . DAMpttwtt CUUM •, day of prii % Notary Public • -01 EXHIBIT G SAMPLE CLIENTS SERVED REPORT [on the following page] 31 Clients Served Monthly Report Licensee Name: Allapattah-Wynwood Community and Development Center, Inc. Customer Number: 39132 Property Address: 1500 NW 16 Ave, Miami, FL 33125 Month Service was Rendered: Number of Clients Served for the Month: # Clients Name Address Age 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I an authroized representative of Allapattah-Wynwood Community and Development Center, Inc., certify that this is a true and correct list of Allapattah area clients who were served through our program during the above month. By: Executive Director Date Notary Signature [Notary Stamp] Olivera, Rosemary From: Sent: To: Cc: Subject: Matter No. 22-3049 Allapat... Good afternoon, everyone, Blue, Sabrina Thursday, April 11, 2024 12:45 PM Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Frey, Andrew; Bustamante, Aldo; Pivovarov, David Matter No. 22-3049 Allapattah Wynwood Community & Development, Inc. Daycare - Revocable License Agreement Please find attached a fully executed copy of a Revocable License agreement from DocuSign that is to be considered an original agreement for your records. Scthriwta.3lu,e/ Assistant to Director Department of Real Estate & Asset Management "DREAM" 444 SW 2nd Avenue, 3rd FL Miami, FL 33130 sblue@miamigov.com www.miamigov.com 1