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AGREEMENT INFORMATION AGREEMENT NUMBER 23313 NAME/TYPE OF AGREEMENT OMNI CRA & DGR 1900 HOLDINGS LLC DESCRIPTION BUSINESS GRANT AGREEMENT/BUSINESS DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA/FILE ID: 6721/CRA-R- 19-0041/MATTER ID: 20-616 EFFECTIVE DATE November 18, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/17/2020 DATE RECEIVED FROM ISSUING DEPT. 11/18/2020 NOTE BUSINESS GRANT AGREEMENT BY AND BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND DGR 1900 HOLDINGS, LLC. THIS BUSINESS GRANT AGREEMENT is entered into as of the it day of _ N M &(2020 by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, with a principal address at 1401 N. Miami Avenue, Miami, Florida 33136 ("CRA"), and DGR 1900 Holdings LLC., a for -profit Florida corporation with a principal address at 2760 North Bay Rd, Miami, Florida 33140 ("PROPERTY OWNER" or " GRANTEE") and owners of a commercial property located within the CRA boundaries at 1900 NE Miami Court, Miami, FL, 33132 (Folio No.: 01-31-36-002-0340). RECITALS WHEREAS, GRANTEE submitted a grant application and proposals directly to the CRA requesting Two Hundred Thousand Dollars ($200,000.00) to underwrite the cost associated with the renovation of its property for commercial business use within the boundaries of the CRA; and WHEREAS, the CRA through CRA-R-19-0041, adopted October 30th, 2019 by the Board of Commissioners of the CRA, attached and incorporated as Exhibit "A" ("Authorizing Resolution"), has authorized a Business Grant Program ("Program") for the purposes of business development in the OMNI Redevelopment Area ("Area"); and WHEREAS, pursuant to the Authorizing Resolution, the Program authorizes the Executive Director of the CRA ("Executive Director") to disburse funds from the Program ("Grants"), at his discretion, on a reimbursement basis or directly to vendors upon presentation of invoices and satisfactory documentation to qualifying businesses; and WHEREAS, GRANTEE and the CRA wish to enter into this Agreement to set forth the terms and conditions relating to the use by GRANTEE of a grant in the not to exceed amount of Two Page 1 of 18 Hundred Thousand Dollars ($200,000.00) ("Grant") for the Project as defined below; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: THE GRANT RECITALS. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. GRANT. Subject to the terms and conditions set forth herein and GRANTEE's compliance; with all of its obligations hereunder, the CRA hereby agrees to make available to the GRANTEE;: the Grant to be used for the purpose and Project (as defined below), and as disbursed in the manner hereinafter provided. USE OF GRANT. The Grant shall be used by GRANTEE as follows: to underwrite some of the costs to rehabilitate a portion of its property within the CRA's boundaries ("Project"), as described in Composite Exhibit "B", attached and incorporated herein by this reference, which includes GRANTEE's CRA Business Incentive and Assistance Application. COMPLIANCE WITH POLICIES AND PROCEDURES. GRANTEE understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities funded by the Grant for the Project. GRANTEE covenants and agrees to comply with such requirements, and represents and warrants to the CRA that the Grant shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting the foregoing, GRANTEE represents and warrants that it will comply with, and the Grant will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. RECORDS, INSPECTIONS, REPORTS/AUDITS AND EVALUATION. To the extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the Code of the City of Miami, as amended ("City Code"), are deemed as being incorporated by reference herein and additionally apply to this Agreement. GRANTEE understands, acknowledges, Page 2 of 18 and agrees that: (a) the CRA must meet certain record keeping and reporting requirements with regard to the Grant and that in order to enable the CRA to comply with its record keeping and reporting requirements, GRANTEE shall maintain all records as required by the CRA; and (b) at the CRA's request, and no later than thirty (30) calendar days thereafter, GRANTEE shall deliver to the CRA such reports and written statements relating to the use of the Grant as the CRA may require from time to time; and (c) all costs and expenses of the Project shall be at actual cost with no markups; and (d) the CRA shall have the right to conduct audits of GRANTEE's records pertaining to the Grant and to visit and to inspect the Project, in order to conduct its monitoring and evaluation activities, and that GRANTEE shall cooperate with the CRA in the performance of these activities; and (e) GRANTEE's failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. REVERSION OF ASSETS. Upon the expiration, termination, or cancellation of the term of this Agreement, any unspent Grant funds shall immediately revert to the possession and ownership of the CRA and GRANTEE shall transfer to the CRA all unused Grant funds at the time of such expiration, termination, or cancellation. INSURANCE REQUIREMENTS: Insurance Requirements for the Project are attached and incorporated herein as Exhibit "C". DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this Agreement, and at the time of execution of this Agreement, the CRA shall make available to GRANTEE, on a reimbursement basis, an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) in Grant funds. Payments will be made only after GRANTEE has submitted to the CRA and the CRA has received and approved in writing such Project specific invoices, (a) which shall be accompanied by sufficient supporting documentation and contain sufficient details, to Page 3 of 18 constitute a "Proper Invoice" as defined by Florida Statutes Section 218.73 and 218.74, and (b) which are subject to verification by the CRA of acceptable work product for the Project. In no event shall payments to GRANTEE under this Grant Agreement exceed Two Hundred Thousand Dollars ($200,000.00), nor shall Grant funds be used in any form inconsistent with the terms, conditions, obligations, and requirements contained herein. TERM. The term of this Agreement shall commence on the date first above written and shall terminate upon full disbursement of either (a) Two Hundred Thousand Dollars ($200,000.00) or (b) such lesser amount should the final completion of the Project not require the entire not to exceed amount of Two Hundred Thousand Dollars ($200,000.00) from the Grant; provided, however, that all rights of the CRA to audit or inspect, to require reversion of assets, to enforce representations, warranties and certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees, expenses, and costs shall survive the expiration or earlier termination of this Agreement. REMEDIES FOR NON-COMPLIANCE. If GRANTEE fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms, conditions, obligations, or requirements contained herein, then the CRA shall have the right to take one or more of the following actions, irrespective of any remedies available to it in law and/or equity: (a) Withhold cash payments, pending correction of the deficiency by GRANTEE; (b) Recover payments made to GRANTEE; (c) Disallow (that is, deny the use of the Grant for) all or any part of the cost for the activity or action for the Project not in compliance; (d) Withhold further awards for the Project; and (e) Take such other actions and/or remedies that may be legally permitted. NON-DISCRIMINATION. GRANTEE, for itself and on behalf of its contractors and sub- contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability in connection with its performance under this Page 4 of 18 Agreement. Furthermore, GRANTEE represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. CONFLICT OF INTEREST. GRANTEE has received copies of, or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by GRANTEE. GRANTEE covenants, represents and warrants that it will comply with all applicable conflict of interest provisions including, but not limited to, the: (a) Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. CERTIFICATIONS RELATING TO THE GRANT. GRANTEE certifies that: (a) All expenditures of the Grant shall be made only for the Project and in accordance with the provisions of this Agreement. (b) Reasonable accounting records for the Project shall be maintained by GRANTEE. (c) The expenditures of the Grant shall be properly documented and such documentation shall be maintained on file at the Project site. (d) Periodic progress reports shall be provided to the CRA as requested from time to time. (e) No expenditure of Grant funds shall be used for political activities. (f) GRANTEE shall be liable to the CRA for any amount of the Grant expended in a manner inconsistent with this Agreement. Page 5 of 18 MARKETING. (a) GRANTEE shall consult with the CRA's Executive Director regarding all uses and displays of the recognition of the CRA. (b) GRANTEE shall prominently display signage acknowledging the CRA's Grant contribution to the Project at GRANTEE's primary place of business, and for a period of two (2) years after expiration of this Agreement. (c) GRANTEE shall produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Project, in all forms of media and communications created by GRANTEE in relation to this Agreement and/or the Project, for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purposes, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or interne advertisements or postings, or interviews. (d) The CRA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. (e) GRANTEE further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in GRANTEE's use of the CRA's name and logo, confers or may be construed as conferring GRANTEE any right, title, or interest whatsoever in the CRA's name, identifying information, and logo beyond the limited right granted in this Agreement. DEFAULT. If GRANTEE fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then GRANTEE shall be in default. Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to GRANTEE while GRANTEE was in default shall be immediately returned to the CRA. GRANTEE understands and agrees that termination of this Agreement under this section shall not release GRANTEE from any obligations accruing prior to the effective date of termination. Page 6 of 18 NO LIABILITY OF THE CRA OR THE CITY. None of the respective officers, employees, agents, representatives, or principals, whether disclosed or undisclosed, of the CRA and of the City of Miami ("City") shall have any personal liability with respect to any of the provisions of this Agreement. Any liability of the CRA and of the City under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. SPECIFIC PERFORMANCE. In the event of breach of the Grant Agreement by the CRA, the GRANTEE may only seek specific performance of the Grant Agreement and any recovery shall be limited to the actual amount of the Project costs not to exceed the amount of Grant funding authorized for the Project. In no event shall the CRA be liable to GRANTEE for any additional compensation, other than that provided herein, or for any consequential or incidental damages. INDEMNIFICATION OF THE CRA AND THE CITY. GRANTEE hereby agrees to indemnify, protect, defend, save, release, and hold harmless the CRA, the City, and their respective officers, employees, agents, representatives, and principals from and against any and all claims, actions, damages, liability and expense (including fees, costs, and expenses of attorneys, investigators and experts) in connection with loss of life, personal injury, or damage to property arising out of the performance or non-performance of this Agreement and the Project, except to the extent such loss, injury or, damage was caused by the gross negligence of the CRA, the City, or their respective officers, employees, agents, representatives, and principals. DISPUTES. In the event of a dispute between the Executive Director of the CRA and GRANTEE as to the terms and conditions of this Agreement, the Executive Director of the CRA and GRANTEE shall notify each in writing of the dispute and proceed in good faith to resolve the dispute within thirty (30) calendar days of such written notice. If the dispute is not resolved within such thirty (30) calendar days, the dispute shall be submitted to the CRA's Board of Commissioners ("Board") for resolution within ninety (90) calendar days thereof, or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the parties. 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 Page 7 of 18 of this Agreement or the scope or intent thereof. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and GRANTEE relating to this Agreement or the Grant and/or Project. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the authorized representatives of the parties. The CRA's authorized representative is the Executive Director. GRANTEE's authorized representative is Douglas Levine in accordance with GRANTEE's corporate authorization, attached and incorporated as Composite Exhibit "D", which includes GRANTEE's Corporate Status Update. CONSTRUCTION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 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. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing by the non -breaching party. Page 8 of 18 SEVERABILITY. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. NO THIRD -PARTY BENEFICIARY RIGHTS. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by the authorized representatives of both parties. OWNERSHIP OF DOCUMENTS. Upon request by the CRA, all documents developed by GRANTEE shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. GRANTEE agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CRA to GRANTEE pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by GRANTEE for any other purposes whatsoever, without the written consent of the CRA. AWARD OF AGREEMENT. GRANTEE warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. NON-DELEGABILITY. The obligations of GRANTEE under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. Page 9 of 18 CONSTRUCTION OF AGREEMENT, GOVERNING LAW, AND VENUE. This Agreement shall be construed and enforced in accordance with Florida law without regard to its conflicts of law provisions. In the event of litigation, controversies, or legal problems arising out of or as a result of this Agreement and/or the Project, shall be submitted to the jurisdiction of the State of Florida courts in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The venue shall be Miami -Dade County, Florida. Each party shall be responsible for its own attorney's fees, costs, and expenses. Moreover, GRANTEE acknowledges that it shall adhere to any and all state, local, and federal laws, rules and regulations in undertaking the Project and in complying with this Agreement, to include the Code of the City of Miami, Florida, as amended. WAIVER OF JURY TRIAL. GRANTEE and the CRA hereby knowingly, irrevocably, voluntarily, and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, claim, or counterclaim based on this Agreement and/or the Project, or arising out of, under, or in connection with this Agreement, the Project, any renewal(s) hereof, any amendment, extension, or modification of this Agreement, or any other agreement executed between the parties in connection with this Agreement, the Project, or any other course of conduct, course of dealing, statements (whether verbal or written), or any other actions of any party hereto. This waiver is a material inducement for the CRA and the GRANTEE to enter into this Agreement. TERMINATION OF CONTRACT FOR CONVENIENCE. The CRA retains the right to terminate this Agreement at any time for convenience, without penalty to the CRA. In that event, the CRA shall give five (5) days written notice of termination to GRANTEE. 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 (5th) day after being posted, or the date of actual receipt, whichever is earlier. To CRA: Omni Redevelopment District Community Redevelopment Agency 1401 North Miami Avenue Miami, FL 33136 Page 10 of 18 Attn: Executive Director With a copy to: Office of the City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami, FL 33130 Attn: Victoria Mendez, General Counsel To GRANTEE: Attn: Douglas Levine DGR Holdings LLC 2760 North Bay Rd, Miami FL 33140 INDEPENDENT CONTRACTOR. GRANTEE, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, Iegal representatives, successors, and assigns. AUTHORITY. Both the CRA and GRANTEE certify that each possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act of each party as a governing body, authorizing the execution of this Agreement, and identifying the official representative of each to act in connection herewith and to provide such additional information as may be required by the terms of this Agreement. PUBLIC RECORDS. GRANTEE understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the CRA, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and GRANTEE agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable Page 11 of 18 law unless there is a specific exemption from such access. GRANTE)r's failure or refusal to comply with the provisions of this section shall result in immediate termination of the Agreement by the CRA. Pursuant to the provisions of Section 119.0701, Florida Statutes, GRANTEE must comply with the Florida Public Records Laws, specifically the GRANTEE must: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the GRANTEE upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the CRA in a format compatible with the information technology systems of the public agency. GRANTEE agrees that any of the obligations in this section will survive the term, termination and cancellation hereof. Page 12 of 18 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-679-6870, IJONES@MIAMIGOV.COM, AND 1401 NORTH MIAMI AVENUE, MIAMI, FLORIDA 33136. SURVIVAL. All obligations (including but not limited to indemnity and obligations to defend, release, and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf and other electronic signatures to this Agreement shall have the same effect as original signatures. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] {Remainder of Page Intentionally Left Blank} Page 13 of 18 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized as of the day and year above written. ATTEST: By: DGR 1900 Holdings LLC. By: Name: hibliPSIV Andr*a Name: Douglas Levine ATTEST: Todd B. HannortlerCc of the Board Date: l (, li ta0D.0 APPROVED AS TO INSURANCE REQUIREMENTS: OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") By: Jason W . ke " xecutive Director APPROVED AS TO FORM AND CORRECTNESS: By: By: 5a.A. t.6 .L.. 7Y�,iz a/6/e Ann -Marie Sharpe, Director, Risk Management Department Victoria Mendez, General Counsel Page 14 of 18 EXHIBIT A OMNI CRA-R-19-0041, adopted October 30th, 2019 Page 15 of 18 Miami FL OMNI CRA Resolution CRA-R-19-0041 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") ALLOCATING $750,000.00 TO A BUSINESS GRANT PROGRAM FOR THE PURPOSES OF BUSINESS DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA FROM ACCOUNT NO. 10040.920501.883000; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS SOLELY IN HIS DISCRETION AS A GRANT, A LOAN TO BUSINESS ENTITIES, ON A REIMBURSEMENT BASIS TO BUSINESS ENTITIES, OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND/OR SATISFACTORY DOCUMENTATION TO QUALIFYING BUSINESSES IN ORDER TO DISBURSE FUNDS AS STATED HEREIN SUBJECT TO THE AVAILABILITY OF FUNDS; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN. Information Department: Category: Attachments OMNI Community Redevelopment Agency Grant Agenda Summary and Legislation 6721 2020 Business Incentive Grant Application 6721 2020 Business Microgrant Application Sponsors: Body/Legislation WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Omni Redevelopment Area ("Area") in accordance with the 2010 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, C., D-1, at page 41 of the Plan; Section 4.4, D., A02, at page 42 of the Plan; and Section 4.4, E., D-7, at page 42 of the Plan all list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives; and WHEREAS, Section 5 of the Plan titled "Projects and Strategies" also authorizes the CRA to further authorize "small business development through the creation of financial resource pools"; and WHEREAS, Page 97 of the Plan also authorizes the CRA to engage in the "encouragement of small business opportunities in the redevelopment area"; and WHEREAS, the Board of Commissioners of the CRA has previously allocated funds to programs that rehabilitate facades, small business improvements, and improvements to the quality of life within the Area; and WHEREAS, these programs have all been successful and have accomplished the goals and objectives of the Plan; and WHEREAS, the Board of Commissioners wishes to allocate an additional $750,000.00 to a Business Program ("Program") to continue with similar programs in the Area; and WHEREAS, funds are available from Account No. 10040.920501.883000 for the Program, 2019-2020 Omni CRA budget line item 33 page 5; and WHEREAS, the Executive Director is requesting authority to disburse funds from the Program to eligible participants as a grant, as a loan, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation without the need for further approval from the Board of Commissioners and within the Executive. Director's sole discretion; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1 The recitals and findings contained in the Preamble of this Resolution are adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. The Program is hereby established with funds in the amount of $750,000.00 allocated from Account No. 10040.920501.883000, 2019-2020 Omni CRA budget line item 33 page 5. Section 3. The Executive Director is authorized to disburse funds in his sole discretion as either a grant, a loan, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation to qualifying businesses. Section 4. The Executive Director is authorized to negotiate and execute any and all documents necessary to effectuate the Program, all in a form acceptable to the General Counsel. Section 5. This Resolution shall become effective immediately upon adoptions. Meeting History OMNI Oct 30, 2019 5;00 PM Cemmu develo y Regular Meeting Redevelopment Agency RESULT: ADOPTED [UNANIMOUS] MOVER: Wifredo (Willy) Gort, Board Member, District One SECONDER: Keon Hardemon, Vice Chair, District Five AYES: Ken Russell, Keon Hardemon, Wifredo (Willy) Gort ABSENT: Joe Carollo, Manolo Reyes COMPOSITE EXHIBIT B- PROJECT DESCRIPTION Page 16 of 18 Omni CRA Fit'„i 111!i i't c: qi., •e7ii._{i� :p•C3�,ral............ The CRA Bt,siriess incentive & Assistance Program assists qualified business or property owners with building an property improvements that are directly related to opening of a new business, improving an existini business, remedying code violations, providing ADA access, assisting existing businesses strugglingdue to blight or natural disasters and eliminating blighting neighborhood conditions in the targeted argjas of the Omni CRA. Business incentive & assistance funds may be used for improvements to properties that are not eligible for grant funding from other sources available in the area; or to supplement grant funds awarded by other agencies. Funds may n t cross Omni CRA District Boundaries and are targeted at specific areas in the Omni CRA District. This grogram is a match assistance program requiring a 25% match from the property or business ow} er. The program has a project cap of $200,000. In addition to the required private match, the grant recipient is responsible for all project costs that exceed $200,000 provided by the CRA. The CRA may rec )inmend and approve business funding at a lesser amount than requested. Awards are given, subject to the availability of funds and based on priorities outlined below. Funds from this program are paid on a reimbursement basis or directly to the contractors performing the work upon the provision of sat tisfactory invoices to the CRA. All Grantees requesting grant funding must have at least three estimates from different Florida licensed general contractors. '•'t'sf4i'lli f\\i','r'',,. .1ild I'i iiiii?:iz.c : While both Downtown Miami and the Wyriwood area have benefited from the boom in commercial and residential d velopment, areas within the CRA district have not seen the benefit of this investment. Various busi ess corridors of the Omni CRA suffer from neglected properties and a general aesthetic. that is not co iducive for businesses to thrive in the community. The Omni CRA has prioritized improvemen`s to properties within the limits of the boundaries of the entire Omni CRA district (see man). In the Omni RA, priorities include projects that can use CRA funds to leverage other public and private investments and bring new business and restaurant/entertainment venues to distressed areas. in addition, this program seeks to bring needed improvement to the Multi -family residential units within the program Joundaries. Since buildings with a high level of vacancy are eligible, the requirement of Certificates of Use, Occupational License and Fire Fee for each business location will be•waived. Property owners using these funds cannot self building for a period of five (5) years after rehabilitation work is complete. if the building is sold during the five-year period, the building owner will repay funds in full. Funds will be guaranteed by lien, mortgage or deed covenant tied to the property. Ali work must meet local neighborhood building/appearance codes and performed with applicable permits and inspections. These funds ;Are usually not made for routine maintenance and should be part of a larger scope of improvemen s to the property or area. Additionally, the property should have an active or soon -to -be active busine s or residential use located on the property. Businesses who receive Business incentive fu ds must create one full-time or equivalent job for every $30,000 in awarded grant funds. All projects shell be completed within a 6-month period from the date the contract is signed. Extensions beyond the 6I-month completion date can only be made with the approval of the CRA Director. Such approval shall be in writing and noticed to all parties. CRA= CRA 5tcff; CNTR = Contractor; PROP =Property Owner; TNT =;Tenant A) Application Process CRA meets w th Tenant and/or Property Owner, verifies that the property is an eligible address and that the tenant/business and the improvements meet basic criteria for the CRA Business Incentive & Assistance Program. 1. Revi w Tenant Business Model — CRA 2. Revi w Improvement Activities funded by the program (Eligible Activities List) — CRA, TNT, PROP 3. Eligible Scope of Work and Budget is Prepared — CRA, TNT; PROP 4. Tenant and Property Owner prepare Application, attach Scope and Budget —TNT, PROP 5. BEFORE pictures are taken - CRA, TNT 6. Appli ation is reviewed _ CRA & CRA 7. Letter of Grant Award or denial is sent to Property Owner and/or tenant — CRA B) Contract rocess A Contract o tlining all conditions of receiving the grant, scope of work and all insurance requirements. Additional d cuments such as sub -contractor lists (for release of lien) and Work Authorization Form are used for project monitoring. 1. Tenant or Property Owner secures pricing (3 bids) and selects contractor (lowest bid wins) — TNT, rROP & CRA 2. Tena yt submits contractor list and copies of estimates to CRA - TNT 3. DMP Prepares Contract with Scope of Work as exhibit -CRA 4. Cont act is executed — CRA, TNT, CNTR 5. Wort Authorization Form is executed — CRA, TNT, PROP 6. CRA may give 30% to the Contractor to begin the work (This amount Es subject.to the discretion of the CRA and may be amended) 7. Permits are pulled and work begins — TNT, CNTR S. CRA monitors progress— CRA C) Project Completion Contractors are pald after all liens are released, the building permit is closed and a final invoice is submitted. 1. AFTE1 Pictures are Taken —TNT 2. Relerse of Lien letter for each contractor is obtained —TNT, CNTR 3. Clos d Permit Report submitted — TNT, CNTR 4. Final Invoice Submitted for payment — CNTR 5. CRA Makes the final payment to the Contractor Payment (2-4 weeks) - CRA !:rnui trAt Di ?:rr':v.%;;.'1 .es ::tfir'Et:"),:),?s) (•ii'.t3iro'11ic il" ;: The general rate of thumb for improvements is that the improvement should remain with the property. Where special cases arise, the CRA staff will render a decision. Grant funds cannot be used for Fixtures, Furniture or I iventory. Generally acceptable improvements include but is not limited to: • Paint'Pressure Clean • Signa7e • Tile • Mascnry/Stucco • Outd )or Hardscape Improvements (Fountains, Walkways, Pavers, Fencing, etc.) • Outd Dor Landscape • Outd )or Lighting • Windows/Doors • Awni igs • ADA :ompliance (Restrooms/Entrances) • Interior Renovations or Buildout • Plum )ing Upgrades • Medanical Upgrades • Elect ical Upgrades • Life/safety (Fire) System Upgrades • Grea:.e traps All Contracto •s, working in the CRA Business Incentive & Assistance Program including Painters, Awning Companies, Stutter Companies, and Sign Companies must provide copies of the following documents when providi ig an estimate/bid for the project: 1. Contractor Certificate of Competency or License 2. Conti actor's Current Liability Insurance Certificate and Workers Compensation Certificate. If exerrptfrom Workers Comp Contractor must provide copy of exemption for each employee that will be working. NOTE: If awarded a contract, both insurances must have the CRA as the Certificate Holder with the address: 1401 N. Miami Ave., Miami FL 33136 and the Liability insurance MUST have the CRA as additional insured 3. Conti actor and Manufacturer's Warranty (if applicable) 4. Build ng permit, Special Permit or Certificate of Compliance (except paint jobs) 5. Release of Lien (provided by CRA or Property Owner or Tenant) NOTARIZED Recipient will post and maintain in good condition a sign substantially similar to the sign hereto at the entrance of t ie Premises from the Effective Date (as defined herein) until three hundred sixty five (365) days after the- Completion Date. ..i1N3i i ilt %CU.::- !1 1rftli-•I•:•It);4(yiY 0)1 : • • - . .. - • ,,. -- . . • . -•• — • _ .DOR Business N ame I loldings LLC Contact Narne • , Douglas Levine Mailing Address 2760 N riti* Rd: Miami Beach, FL 33140 ' Telephone 786.1177.5322 Fax - Email' Levine.Doug(crxmiiil.cem . • .-".','(1,;,,! •••.' 1:7.3.: • r." ' ct.4ot,iei,;!.rtl- .L...! 4' ;;A. S• ._ .1 . Corporatio 1 Name DOR holdings LLC Mailing Address 2761) N•Day Rd. Miami Beitch,'FL 33140 - Corporatioi Officers & Titles Douglas Levine - Title Manager Date & Sta-e of Incorporation 12,104/2017 - The State or Florida Tax ID# . 38 - 4077987 Project Address 1900 NF. Miami CL Foliofi 01-31-36-002-0.340 Year Built 1923 Total Retai (Sq. Ft.) 5K,5110 S11 1- 7.0110 SF Propostid.,n the rooftop. Leased Retail (Sq.. Ft.). Nth Descriptior Of the business Ground Floor - 19,500 SF Commercial Kitchen (20 Kitchens) 2nd Fluor - 19,500 SF orereative Office + Startup Incubator Mix Ix! Floor - 19,500 SF of Creative Office+ Startup Incubator MiA Rooftop - 7,000 SF Indoor/Outdoor Forid hall Concept Scope of Vi.ork for entire. .. project. - Coinpletc renovation °leach floor. , -N ew exterior racatte.+ windows throughout. • - Elevator installations. - Buildota or rob flop' foodhall structure with exterior seating and landscaping. s 12,000,000 Estimated :osts for entire project Estimated ;tart Date Q2 2020 Estimated Completion Date 9 Months rrom Start Date Cr;ii 2013 70213 ' , • i:1 1' •If 1 t ,.- ,.. . .... Description of Item : Estimated Cost 1. Instillation of new impact windows and exterior doors across the entire property. 1. $200,000 + 2. 2. 3. 3. 4. . 4. 5. 5. . 6. 6. . 7. 7. 8. 8. 9. 9. 10, 10. TOTAL "M'CI3E? 4 '...r1:itl9r";?i "/2101iik As a current business owner In this community or a business seeking to improve business in this community, I wish to participate in the OMNI CRA BUSINESS ASSISTANCE MICROGRANT. i acknowledge that I have received a copy Of the Microgrant Grant Program Procedures and will comply with all requirements should I be awarded a grant. Sign / Print Nome • Business Owner Date - . 1.12AJ 0-4. II ,S: a I acknowledge that Tenant, is seeking assistance using the OMNI CRA BUSINESS ASSISTANCE & INCENTIVE GRANT PROGRAM and that the general terms of their lease conform to the terms above. Should my property. the applicant win a grant award, I understand that funds will be used to make improvements to Sign / Print Nome of Property Owner Date / . & Az:sista/1;v Ai.),37%-;nr, 4).1.0 . e ♦,- Omni CIA Business Improvement Grant Award Criteria The Omni CRA's mission to prevent conditions giving rise to slum and blight, to reduce crime, and to improve the quality of life for residents and visitors to the Redevelopment Area, makes the Business Improvement Grant Program an important tool in improving the district. Grants are generally awarded on a rolling basis as funding permits and the program is renewed each fiscal year. Omni CRA's Business Grant Applications are reviewed by CRA staff and recommended to the Executive Director for award based on a set of criteria, including but not limited to neighborhood of the business, specific commercial corridor of business, ownership of the property, historical track record of the business owners, employment projections and/or track record of the business, ability for business to attract visitors to the neighborhood, long term vision and connection to the neighborhood, ability of business to serve unmet needs of residents and stakeholders in the neighborhood, activation of underutilized spaces throughout the neighborhood, previous grants awarded to and projected aesthetic or street level improvements. Each project application is judged by the Executive Director on its individual merits, and how it fits into the CRA's dynamic vision for improvement of the neighborhood. Name of Business: DGR Holdings, LLC Date of Application: 12/02/2019 Executive Director's Notes: $200,000 to provide assistance with the installation of new impact windows and exterior doors across the entire property. I do hereby approve this business as a grant awardee. Jason ilker, Date Executive Director, Omni CRA 10 (S (Zo Omni Community Redevelopment Agency • Ken Russell, Chairman Jason Walker, Executive Director 1401 N. Miami Ave. Miami, FL 33136 • www.omnicra.com • 305.679.6868 EXHIBIT C- INSURANCE REQUIREMENTS Page 17 of 18 EXHIBIT B INSURANCE REQUIREMENTS-DGR HOLDINGS 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 & OMNI CRA listed as additional insured Primary Insurance Clause Contingent & Contractual Liability Premises and Operations Liability 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 & OMNI CRA listed as an additional insured 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 N. Property Commercial Property Insurance covering the building, fixtures, equipment, inventory or business personal property, and improvements and betterments owned by Big Time Equipment, Inc. The property policy shall at a minimum cover the perils insured under the ISO Special Causes of Loss Special Form (CP 10 30), or substitute form providing equivalent coverages, including debris removal, windstorm, hail, and including flood as applicable, along with Law and Ordinance coverage, and Equipment Breakdown or Boiler and Machinery coverage. The policy shall be written on a replacement cost basis and should include the City and the OMNI CRA as loss payees on this policy. The 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. The City reserves the right to request a certified copy of the insurance policy including all endorsements. In addition, the City must be provided with all applicable additional insured endorsements as noted in the insurance exhibit, which must be attached to each of the corresponding certificates of insurance. AC RIQ D� CERTIFICATE OF LIABILITY INSURANCE DATE (MNVODIYYY1) 08/12/20 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights# to the certificate bolder In lieu of such endorsement(s). - PRODUCER GABLES INSURANCE AGENCY CORP 2875 NE 191ST STREET, SUITE 702E AVENTURA, FL 33180 INSURED 1900 N.E Miami Court Condominium Assoc DGR 1900 Holdings, LLC 2760 N. Bay Road Miami Beach, FL 33140 FL 33140 CONTACT Mtg. HNE ,sy� 4-EXtia305)4.46.4305 I uv gm, `(3051982-8294 nn REss: Info0gab(esinsurance.com INSURERISI AFFORDING COVERAGE I NAM p INSURERA: Colony Insurance Company INSURER B I - - INSURER 0: INSURER 0 : INSURER E : INSURER F : 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 LTRi TYPE OF INSURANCE ADDL�`SS BR Ir{sn!Wirt P0r1CYEffPOIJCYEXP POUCY NUMBER INIIMOD,rert1_ MININENYYYYI OMITS f X COMMERCIAL GENERALLIASIUTY I EACH OCCURRENCE S 9,000,000 --- CLAIMS -MADE X OCCUR 'WAGE To itN ED — PREMISES /Ea ncartanoal MED EXP (Any one person) $ A n - - x I x 6000CP018018600 07/28(20 07128121 PERSONAL aADVINJURY $ ' G_EML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE , $ _ 2,000.00O PRO- POLICY JEcT 7LOC PRODUCTS- COMP/OP AGG _ _ S _ OTHER: $ 1 AUTOMOBILE LIABILITY - CO &INE0DSINGLELIMit iEe ti $ -- _, -_. i- ANY AUTO BODILY INJURY (Per person) - S ^ - } I OWNED AUTOS ONLY SCHEDULED AUTOS BODILY $ ..- _ HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE IPereaidantl__ $ - } $ UMBRELLA LUt6 I OCCUR EACH OCCURRENCE $ EXCESS LIMB I -I CLAIMS -MADE _- AGGREGATE DED I 1 RETENTION S [ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y!N ANY PROPRIETORIPARTNEREXECUTIVE I ' OFFICER/MEMBER EXCLUDED? (IMyaEn9d,aatory e I alder DESCRIPTION OF OPERATIONS belay N / A f t PER I STATUTE1 ER I ' V E.L EACH ACCIDENT S - — -_ — — - - E.L DISEASE - EA EMPI OYEEi $ I EL. DISEASE -POLICY LIMIT • S DESCRIPTION OF OPERATIONS/ LOCATIONS f VEHICLES (ACORD tat, Additional Remarks Schedule, may be attached If more space Is required) Policy 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. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2ND Ave, 4th floor Miami FL 33130 ACORD 25 (2016/03) 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 yo:// @.19884015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PRODUCER GABLES INSURANCE AGENCY CORP 2875 NE 191ST STREET, SUITE 70213 AVENTURA, FL 33180 INSURED 1900 N.E. Miami Court Condominium Assoc DGR 1900 Holdings, LLC 2760 N. Bay Road Miami Beach, FL 33140 CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDNYYY) 08/12120 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(lea) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate bolder In lieu of such endoreement(s). CONTACT NAME: PHONE iES.No.flat' (305)446-4305 , pac,nbr. (305j982-8284 FL 33140 ADDRESS: Inforalq ablesinsurance,com BVSURERis) AFFORDING cOVERAOE INSURER A: Colony Insurance Company INSURER B : INSURER C INSURER D : INSURER E : INSURER F NAIC 8 • REVISION NUMBER: L UYCIWUCa vGn. THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH ,. w.-., OF INSURANCE PERTAIN, POLICIES. Ad 4BI 4 ,.....,....,., LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN REDUCED ISSUED TO CONTRACT THE POLICIES BY EFF''"riscttCY INMFDDN YYLI{MMIDDMIY'.1 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. INSR TYPE MISURANGE �4S41LWC �PcDUCY POLICY NUMBER I FJfP LIMITS LTR X COMMERCIAL GENERALUABILRY I EACH OCCURRENCE $ 1,000,000 7"A ncTRENTEO. 1 CLAIMS -MADE X OCCUR PRf:1AISES F( T-.•i,encol 5 MED EXP (My one personl $ A X X 6000CP018018800 07128/20 07128/21 PERSONALS ADV INJURY $ 4 _..-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY ri PI& � LOC PRODLUCTS- COMP/OP AG O S _�_ 1 0711ER: S AUTOMOBILELIARILITY CO aiRlsotSINGLEUMIt $ { ANY AUTO BODILY INJURY (Per person) $_. —__. OWNED --I SCHEDULED BODILYWLIRY(Peraca:dent) S AUTOS ONLY _ AUTOS PROPERTY DAMAGE HIRED AUTOS ONLY NON -OWNED �. AUTOS ONLY •firer neck/oat, $ I1 $ L LIA UMBRELLA B r EXCESS I � 1 OCCUR I CLAIMS -MADE I EACH OCCURRENCE AGGREGATE $ DED I RETENTIONS $ WORXERSD MPENSAT1ON f r 1 SERTUTE I i o11- _ --- AND EMPLOYERS LIAEILITY Y❑ _ ANY PROPWETOR)PARTNEUEXECUTIVE NIA EEACH ACCIDENT L 8 E DISEASE - EA EMPLOYE}. 5 - - -- --. • OFFICERRAEMBER EXCLUDED?.L (Mandatory in NH) I _- EL DISEASE - POUCY OMIT S ff yes, describe under - DESCRIPTION OF OPERATIONS t LOCATISNSI VEIRCLES (ACORD 104, Addilanal Remarks Schedule, may be attached if more space is required) Policy shall provide the City of Miami with written notice of cancellation or material change from the Insurer not Tess than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. CERTIFICATE HOLDER City of Miami and OMNI CRA 1401 N. Miami Ave Miami, FI 33136 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE IMU BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f 4721," @ 1988=2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DGR 1900 Holdings, LLC. 2760 North Bay Road Miami. FL 33140 P: 786.877.5322 E: Ievine.doug@gmaii.com August 10, 2020 OMNI-CR A 1401 North Miami Avenue Second Floor Miami, FL 33136 We hereby confirm that DGR 1900 Holdings, LLC has no vehicle exposure. Sincerely. Doug Ce►vine Manager DGR 1900 Holdings, LLC. 2760 North Bay Road Miami, FL 33140 P: 786.877.5322 E: levine.doug4gmalLcom July 14, 2020 OMNI-CRA 1401 North Miami Avenue Second Floor Miami. FL 33136 we hereby confirn- that DGR '900 Holdings. L.LC has no employees Sincerely oug Lev ne wager INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE -CONSTRUCTION REQUIREMENTS DGR HOLDINGS 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 and OMNI CRA listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami and OMNI CRA listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 2,000,000 Aggregate $ 2,000,000 City of Miami & OMNI CRA listed as an additional insured. Coverage is excess follow form over the general liability and auto policies. V. Payment and Performance Bond City & OMNI CRA listed as obligees VI. Builders' Risk $TBD Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $10,000 All other Perils 5% maximum on Wind/Hail and Flood City of Miami & OMNI CRA listed as loss payees 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, ®ldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. ,CORD CERTIFICATE OF LIABILITY INSURANCE �..--- DATE(MM/DDJYYYY) 9/1/2020 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER BB Insurance Marketing Inc 10167 W Sunrise Blvd 3rd Floor Plantation FL 33322 N cr Certificate Department PHONE _..; 6613 72B-0817 FAXo ' 954-452 0450 �c-N4 —N-) IL ADEDRESS: certificates@bbimi.com _ _ INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: AmGuard Insurance Company 42390 INSURED BERNCON-01 Bernal Construction Corp 3420 West 84 Street Unit A-106 Hialeah FL 33018 INSURERS: Colony Insurance Company 39993 INSURER C: Evanston Insurance Company 35378 INSURER D: Insurance Company of the West INSURER E: INSURER F : - - COVERAGES CERTIFICATE NUMBER: 1954030655 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. LIMITSSHOWN MAY HAVE BEEN REDUCED, BY PAID CLAIMS. INSR _. TYPE OF INSURANCE ADDL INSD SWvo POLICY NUMBER IUBR MMM/DDDYD/YYYY IMWDD .POLICY EXP - - LIMITS B X COMMERCIAL GENERAL LIABILITY X OCCUR Y Y 103GL003491200 428/2020 4/28/2021 EACH OCCURRENCE $ 1,000,000 { CLAIMS -MADE DAMAGE TO RENTED PREMISESffle occurrence) $100.000 MED EXP (Any one person) $ 5,000 GEN'L PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ -_ A AUTOMOBILE X LIABILITY X X SCHEDULED AUTOS NON -OWNED AUTOS Y BEAU198237 4/172020 , 4/172021 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) ___1.400,Q00 $ , BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acoldentl $ $ C X —I UMBRELLA LIAB ! X EXCESS LIAR I OCCUR CLAIMS -MADE Y MKLV2EUL104167 8/192020 8/19/2021 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I RETENTION $ $ D ' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) IF yes, describe under DESCRIPTION OF OPERATIONS Y / NER N ! A Y WFL 5040993 02 4282020 4282021 X ,I STATUTE I I OTH ' E.L. EACH ACCIDENT $1,000,000 ❑ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT $ 1,000,000 - DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mare space Is required) General Contractor. Omni CRA and the City of Miami are additional insured(s) with respect to General Liability, Auto Liability & UmbrellalExcess Liability coverage(s) when required to be named as such per written contract, and in accordance with all terms of the Additional Insured Endorsement attached to the policy. General Liability & Workers Compensation coverage(s) include a Waiver of Subrogation in favor of the additional Insured(s), when required by written contract. Coverage is Primary & Non -Contributory when required by written contract. Coverage for contingent and contractual exposures is included. There are no exclusions for explosion, collapse, and underground (XCU) hazards. CERTIFICATE HOLDER CANCELLATION Omni CRA 1401 N. Miami Ave Miami FL 33316 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ?REDRERESENTAT1VE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AR® CO® CG CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9i1/2020 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER BB Insurance Marketing Inc 10167 W Sunrise Blvd 3rd Floor Plantation FL 33322 CONTACT Certificate Department PHONE FAX lac, No: ExO: 888-728-0817 (ac, Not: 954-452-0450 E-MAILDRSS: certificates@bbimi.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : AmGuard Insurance Company 42390 INSURED BERNCON-01 Be34 0 West 84Constructiene Corp 3420 Street Unit A-106 Hialeah FL 33018 INSURER B : Colony Insurance Company 39993 INSURER C: Evanston Insurance Company 35378 INSURER D: Insurance Company of the West INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 83583519 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. INSURANCE SUBii WVD LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADDL INSD POLICY EFF POLICYNUMSER .IMM/DD/YYYYI ,POLICY EXP (MNUDDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY X OCCUR Y Y 103GL003491200 428/2020 4/28/2021 EACH OCCURRENCE - $1,000,000 GEN'L CLAIMS -MADE A AG PREMISES jEa occurrence] $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL E. ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGG $2,000,000 $ A AUTOMOBILE X LIABILITY x X SCHEDULED AUTOS AUTOSWNED Y BEAU198237 4/172020 4/172021 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 OW BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY ecclde DAMAGE $ $ C X UMBRELLA UAB p I OCCUR EXCESS UAB i CLAIMS -MADE Y MKLV2EUL104167 B/192020 8/192021 EACH OCCURRENCE $ 2,000,00D AGGREGATE $ 2,000,030 DED I I RETENTION $ $ D ' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS YIN I N 1 A Y WFL S040993 D2 4282020 ! 428/2021 - X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 below El. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) General Contractor. Omni CRA and the City of Miami are additional insured(s) with respect to General Liability, Auto Liability & Umbrella/Excess Liability coverage(s) when required to be named as such per written contract, and in accordance with all terms of the Additional Insured Endorsement attached to the policy. General Liability & Workers Compensation coverage(s) include a Waiver of Subrogation in favor of the additional insured(s), when required by written contract. Coverage Is Primary & Non -Contributory when required by written contract. Coverage for contingent and contractual exposures is included. There are no exclusions for explosion, collapse, and underground (XCU) hazards. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue 4th Floor 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-REFRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT D GRANTEE'S Certificate of Corporate Authorization And Corporate Status Update Page 18 of 18 CERTIFICATE OF COMPANY RESOLUTION AND WRITTEN CONSENT TO CORPORATE ACTION BY THE MANAGERS AND MEMBERS OF DGR 1900 HOLDINGS, LLC. THIS IS TO CERTIFY that al a special meeting of DGR 1900 HOLDINGS, LLC. , a F rida Limited Liability Company, (hereinafter referred to as the "Company" held on the day of July, 2020, at 2760 North Bay Road, Miami Beach, Florida 33140, the Company hereby certifies to the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT A GEN CY that the fol lowing resolution was adopted: WHEREAS, DOUGLAS LEVINE is the President of the Company. WHEREAS, the Company owns one hundred percent (100%) of the property within the CRA boundaries at 1900 NE Miami Court, Miami, FL, 33132 (Folio No.: 01-31-36-002-0340). WHEREAS, the Company is improving the property owned by the Company and there are certain documents required by the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY to be executed by the Company. WHEREAS the at the special meeting of the members of the Company, the following Resolution was unanimously adopted after same was duly made and seconded: RESOLVED that DOUGLAS LEVINE, the President of DGR 1900 HOLDINGS, LLC. be and he is hereby authorized to execute in the name of the Company any and all documentation required by the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY and deemed necessary in order to complete improvements to the following described real property: 1900 NE Miami Court, Miami, FL, 33132 (Folio No.: 01-31-36-002-0340) RESOLVED that DOUGLAS LEVINE, as President, is further authorized to do such other and further acts as may be deemed necessary to facilitate the intent of this Resolution. (Signature page to follow) 1 of 2 AN, Signed, witnessed, executed and acknowledged on this -41E)oday of 5. in Miami, Florida. , 20 DGR 1900 HOLDINGS, LLC., a Florida Limited Liability Company BY: DOUGLA.EVINE, President STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of Li, 2by Douglas Levine, as President of DGR t900 HOLDINGS, LLC. Personally Known Produced Identification . Type of Identification Produced: (seal) 2 of 2 OR DIVISION OF CORPORATIONS Atli' bivi3lcrf uj .org cuP JJk \'Fmr(i'1`J an of/trig( Stair of flwsdu nrktn Qgpartrent of State 1 Division of Corporations 1 Search Records I Detail By Document Number / Detail by Entity Name Florida Limited Liability Company DGR HOLDINGS, LLC Ealing Information Document Number L19000288439 FEI/EIN Number NONE Date Filed 12/06/2019 State FL Status ACTIVE principal Addrese 1611 LORALYN DRIVE KISSIMMEE, FL 34744 Mailing Address 1611 LORALYN DRIVE KISSIMMEE, FL 34744 Eegistered Agent Name & Address MILLER, SCOTT G, ESQ 200 S. ORANGE AVE., STE. 800 ORLANDO, FL 32801 Authorized Person(5) Detail Name & Address Title MGR LARSON, IRIS 1611 LORALYN DRIVE KISSIMMEE, FL 34744 Annual Reports No Annual Reports Filed Document Image 12/0612019 — Florida Limited Liability, View image in PDF format