HomeMy WebLinkAbout23315AGREEMENT INFORMATION
AGREEMENT NUMBER
23315
NAME/TYPE OF AGREEMENT
OMNI CRA & KUSH WYNWOOD LLC
DESCRIPTION
EMERGENCY BUSINESS GRANT AGREEMENT/BUSINESS
DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA/FILE
ID: 7932/CRA-R-20-0017/MATTER ID: 20-2469
EFFECTIVE DATE
November 19, 2020
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
11/19/2020
DATE RECEIVED FROM
ISSUING DEPT.
11/24/2020
NOTE
EMERGENCY BUSINESS GRANT AGREEMENT
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THIS BUSINESS GRANT AGREEMENT is entered into as of theee1 day of. ,"UV '
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 Kush Wynwood LLC, a Florida limited liability company (" GRANTEE")
located and operating within the CRA boundaries at 2003 North Miami Avenue, Miami, Florida
33127 ("PROPERTY").
RECITALS
WHEREAS, the CRA through CRA-R-20-0017, adopted September 24'h 2020, by the Board
of Commissioners of the CRA, attached and incorporated as Exhibit "A" ("Authorizing
Resolution"), has authorized an Emergency Relief Micro 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, upon presentation of invoices and satisfactory documentation to qualifying businesses;
and
WHEREAS, GRANTEE submitted a grant application and proposals directly to the CRA
requesting a grant in the not to exceed amount of Twenty -Five Thousand Dollars ($25,000.00) to
provide relief from Economic Distress ("Grant") as defined below; and
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained
herein, the parties agree to as follows:
THE GRANT
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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 agrees to make available to the GRANTEE the Grant
to be used for small business economic relief, and as disbursed in the manner hereinafter provided.
USE OF GRANT. The Grant shall be used by GRANTEE as follows: to aid in small business
economic relief, as described in Composite Exhibit'B", attached and incorporated herein by this
reference, which includes GRANTEE's 2020 Emergency Business 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. 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 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, 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 timeito time; and
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(c) all costs and expenses 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 business; 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.
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, or directly an amount not to exceed Twenty -Five Thousand
Dollars ($25,000.00) in Grant funds. Payments will be made only after GRANTEE has submitted
to the CRA such invoices, (a) which shalltbe accompanied by sufficient supporting documentation
and contain sufficient details, to constitute a "Proper Invoice" as defined by Florida Statutes
Section 218.73 and 218.74, and (b) which are subject to verification by the CRA as acceptable.
Grant funds shall not 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 (a) Twenty -Five Thousand Dollars ($25,000.00) 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
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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, or such more
severe enforcement actions as the CRA determines is necessary or appropriate;
(b) Recover payments made to GRANTEE;
(c) Wholly or partially suspend or terminate the current Grant Program Funds awarded to
GRANTEE;
(d) 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;
(e) Withhold further awards; and
(f) 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
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.
ASSIGNMENT. This Agreement shall not be assigned by GRANTEE, in whole or in part
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without the prior written consent of the CRA, which may be withheld or conditioned, in the CRA's
sole discretion.
CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability
of funds and continued authorization for grant- 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 in accordance with the provisions of this
Agreement.
(b) Reasonable accounting records shall be maintained by GRANTEE.
(c) The expenditures of the Grant shall be properly documented, and such documentation shall be
maintained on file.
(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 helping the small business.
MARKETING.
(a) GRANTEE shall consult with and receive approval from 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 business 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 business, in all forms of media and
communications created by GRANTEE in relation to this Agreement and/or the business, for the
purpose of publication, promotion, illustration, advertising, trade or any other lawful purposes,
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including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct
mail, flyers, telephone, public events, and television, radio, or internet advertisements or postings,
or interviews.
(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.
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 this 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 costs not to exceed the amount of Grant funding authorized
in this agreement. 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.
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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 CRA and GRANTEE as to the terms
and conditions of this Agreement, 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.
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
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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.
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.
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
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to allow access by the CRA and the public to all documents subject to disclosure under applicable
law unless there is a specific exemption from such access. GRANTEE's failure or refusal to
comply with the provisions of this section shall result in immediate termination of the Agreement
by the CRA.
Pursuant to the provisions of Section 119.0701, Florida Statutes, GRANTEE must comply with
the Florida Public Records Laws, specifically the GRANTEE must:
A. Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
B. Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the GRANTEE upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements.
E. All records stored electronically must be provided to 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.
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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.
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.
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, 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 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, or arising out of, under, or in
connection with this Agreement, any renewal(s) hereof, any amendment, extension, or
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modification of this Agreement, or any other agreement executed between the parties in connection
with this Agreement 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.
TERNIINATION 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
Attn: Executive Director
To GRANTEE:
Attn: Matthew Kuscher
Address: 2911 Grand Avenue
Suite 400D
Miami, Florida 33133
INDEPENDENT CONTRACTOR. GRANTEE, its contractors, subcontractors,
employees, and agents shall be deemed to be independent contractors, and not agents or employees
of the CRA or City, and shall not attain any rights or benefits under the civil service or pension
programs of the CRA or City, or any rights generally afforded its employees; further, they shall
not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA or
City.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties
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hereto, and their respective heirs, executors, legal 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.
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.
CAPTIONS. The captions in this Agreement are for convenience only and are not a part
of this Agreement and do not in any way define, limit, describe, or amplify the terms and provisions
of this Agreement or the scope or intent thereof.
ENTIRE AGREEMENT. This instrument and its attachments constitute the sole and
entire 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. 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 Matthew
Kuscher in accordance with GRANTEE'S corporate authorization, attached and incorporated as
Composite Exhibit "C", which includes GRANTEE's Corporate Status Update.
COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be
executed in any number of counterparts, each of which shall be deemed an original, but all of
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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}
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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:
Name:
ATTEST:
KUSH WYNWOOD LLC
By:
Name: Matt ew Kuscher
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:
Todd B. Hannon, Clerk of the Board Jason W . .er, Executive Director
Date:
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
By: a.L.ua6 ,L.. a/6/6,
Victoria ndez, General Counsel
I. EXHIBIT A - OMNI CRA-R-20-0017, adopted September 24, 2020
2. EXHIBIT B - GRANTEE APPLICATION
3. EXHIBIT C - GRANTEE'S Certificate of Corporate Authorization & Corporate Status
Update
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Exhibit A
OMNI CRA-R-20-0017, adopted September 24, 2020
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Miami
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OMNI CRA Resolution
CRA-R-20-0017
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT
DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") CREATING AN EMERGENCY
RELIEF MICROGRANT PROGRAM ("PROGRAM") TO PROVIDE RELIEF FROM ECONOMIC
DISTRESS FOR SMALL BUSINESSES IN THE OMNI REDEVELOPMENT AREA AFFECTED BY
VARIOUS FACTORS INCLUDING BUT NOT LIMITED TO THE COVID-19 PANDEMIC
("PANDEMIC"); ALLOCATING ONE MILLION DOLLARS ($1,000,000.00) FROM PAGE 5,
LINE ITEM 24 OF THE 2020-2021 OMNI CRA BUDGET FOR THE PROGRAM; ALLOWING AND
AUTHORIZING THE DISBURSEMENT OF FUNDS, SUBJECT TO THE EXECUTIVE DIRECTOR'S
DISCRETION, TO ELIGIBLE BUSINESSES IN AN AMOUNT NOT TO EXCEED TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) PER BUSINESS UPON THE PROVISION OF
SATISFACTORY DOCUMENTATION FOR THE PURPOSES STATED HEREIN.
Information
Department: OMNI Community
Redevelopment Agency
Category: Grant
Attachments
Agenda Summary and Legislation
7932 COVID-19 Emergency Grant Application
Body/Legislation
Sponsors:
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 Area; and
WHEREAS, on March 11, 2020, the World Health Organization declared the Coronavirus
Disease 2019 ("COVID-19') a pandemic; and
WHEREAS, the City of Miami ("City') declared a State of Local Emergency on March 12,
2020 resulting in the closure of non -essential businesses and stay at home orders; and
WHEREAS, during March 2020, Florida Governor Ron DeSantis entered several Executive
Orders restricting non -essential local businesses within the City and the Area, restrictions specifically
affecting numerous retail and food service establishments; and
WHEREAS, the CRA has previously engaged in an extensive campaign to foster walkable
ground -floor activations, particularly focusing on retail, restaurants, and other businesses which have
been heavily impacted by restrictions related to the Pandemic; and
WHEREAS, these businesses are vital to the healthy redevelopment of the Area; and
WHEREAS, the Board of Commissioners wishes to Create a grant program to provide
assistance and relief to affected small businesses; in the Area (."Program"); and
WHEREAS, the Board of Commissioners wishes to allocate one million dollars
($1,000,000.00) to the Program; and
WHEREAS, funds are available from page 5; line item 24 of the 2020-2021 CRA's budget for
the Program; and
WHEREAS, the Executive Directoris requesting discretionary authority to disburse funds
from the Program to eligible small businesses within the Area upon presentation of satisfactory
documentation without the need for further approval from the Board of Commissioners; and
WHEREAS, each eligible small business entity shall receive an amount not to exceed twenty-
five thousand dollars ($25;000.00) from the Program;
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:one million dollars
($1,000,000.00) allocated from page 5, line item 24 of the 2020-2021 CRA budget.
Section 3. The Executive Director is authorized to disburse funds to eligible small businesses,
either directly, on a reimbursement basis; or directly to vendors, upon presentation of invoices and
satisfactory documentation, solely within his discretion, in an amount not to exceed twenty five
thousand dollars ($25,000.00) per business from the Program.
Section 4. The Executive Directoris authorized to negotiate and execute any and all documents
necessary to effectuate the Program, all in forms acceptable to the General Counsel.
Section 5. This Resolution shall become effective immediately upon its adoption.
Meeting History
OMNI
Sep 24, 2020 9:00 AM Community Regular Meeting
Redevelopment
Agency
RESULT: ADOPTED WITH MODIFICATIONS) [UNANIMOUS]
MOVER: Manolo Reyes, Board Member, District Four
SECONDER: Ken Russell, Board Member, District Two
AYES: Alex Diaz de la Portilla, Joe Carollo, Ken Russell, Manolo Reyes, Kean Hardemon
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t Draft
Exhibit B
GRANTEE APPLICATION
Omni
CIA
Emergency Business Microgrant
BUSINESS NAME
Kush Wynwood, LLC
SMALL BUSINESS EMERGENCY MICROGRANT APPLICATION
Applicants must meet the below criteria:
O Locally owned and independently operated
O Physically established within the Omni CRA Redevelopment Area
(Check it your business address meets eliRibili4)
O Be an Eligible Business, including, but not limited to:
• Independent restaurants, (includes full -service, limited service, and cafe establishments)
■ Hotels/motels
■ Bar/nightclub
• Small retail
■ Galleries
• Hair, beauty, and other personal services (salons / spas, barbers, massage therapist, tattoo, etc.)
■ Cleaning and laundry services
• Fitness centers and gyms
• Personal care services (child/daycare, disabled, & elderly care services, funeral services, etc.)
■ Event spaces & services (event planners, caterers & staffing agencies, coworking spaces)
O Been opened and operational for a minimum of one year
O Have applied for one or more of the SBA financial products targeted to COVID-19 relief, if
eligible
O Have 50 employees or fewer
O Affirm a Toss of revenue due to COVID-19
Omni Community Redevelopment Agency Alex Diaz de la Portilla, Chairman Jason Walker, Executive Director
1401 N. Miami Ave., 2"4 Floor, Miami, FL 33136 • www.omnicra.com • 305.679.6868
2
Omni
CRA
Emergency Business Microgrant
BUSINESS NAME
Kush Wynwood, LLC
To receive funding through this program, each business will be required to clearly articulate a plan for
utilizing CRA funds for an eligible use.
The grant award can be used for the following:
O Commercial Lease payments with documentation of attempted deferral of lease payments.
O Commercial Mortgage and high interest loan payments with documentation of attempted
deferral of repayment.
O Employee Salary and Benefits and funding existing Payroll or rehiring of staff which were laid off
or furloughed due to COVID-19 quarantines
O Other Sales, General, and Administrative expenses (SGA) deemed critical for business operations
O New equipment needed to assist the business to a temporary digital or takeout transition (e.g.
webcams for virtual trainings, software licensing for videoconferencing, etc.)
O Utility payments
Further stipulations of the Grant
O Recipients only use the funding on business location(s) within the Omni CRA redevelopment
area
O Business may not issue any shareholder dividends for one year after reception of grant
O The business is required to remain open for the period of the Emergency, if possible
O The recipient of the grant must keep detailed records of the use of the funding, which shall be
mailed to the CRA at the end of the loan period
O If appropriate the business may be requested to provide in -kind services to the CRA for
redevelopment efforts, at a later date
Omni Community Redevelopment Agency • Alex Diaz de la Fortilla, Chairman • Jason Walker. Executive Director
1401 N, Miami Ave., 2nd Floor, Miami, FL 33136 • www.omnicra.com 305.679.6868
3
r
� r
Omni
CItA
Emergency Business Microgrant
BUSINESS NAME
Kush Wynwood, LLC
CONTACT INFO
Contact Name
Cristin Hebert
Contact Mailing Address
2911 Grand Ave. Ste #400D
Miami, FL 33133
Contact Telephone
561-702-3750
Contact Email
Cristin@kushhospitality.com
BUSINESS INFO
Property Owner Name
Matthew Kuscher
Business Address
2003 N. Miami Ave
Miami, FL 33127
Start of Business Date
10/31/13
Employees Jan 1, 2020
58
Total Retail (Sq. Ft.)
Remaining Employees
37
Description of the business
Full service restaurant.
Omni Community Redevelopment Agency • Alex Diaz de la Portilla, Chairman • Jason Walker, Executive Director
1401 N. Miami Ave., 2^d Floor, Miami, FL 33136 • www.omnicra.com • 305.679.6868
4
magi is
`11
Omni
CttA
Emergency Business Microgrant
BUSINESS NAME
Kush Wynwood, LLC
Required documentation:
O State of Florida business registration with Current Status from the Florida Division of
Corporations
O Most recent Annual or Quarterly Balance Sheet or Profit & Loss Statement
O Current City of Miami Business Tax Receipt
O Full employee list (as of January 31, 2020 and date of application)
O Copy of most recent Utility Bill statement or current General Liability Insurance Policy.
O W-9
O Completed ACH Form
Omni Community Redevelopment Agency • Alex Diaz r•e la Portilla, Chairman Jason Walker, Executive Director
1401 N. Miami Ave., 2"d Floor, Miami, FL 33136 • www.omnicra.com • 305,679.6868
5
_woe
Omni
CIA
Emergency Business Microgrant
Kush Wynwood, LLC
GRANT NARRATIVE (clearly articulate a plan for utilizing grant funds for an eligible use)
Kush Wynwood will use the grant funds to help with the employee
salary and benefits for hiring/ re -hiring staff. In addition, we will use
any funds received to help with utility and rent payments.
As a current business owner in this community who has suffered a loss of revenue due to the COVID-
19 pandemic, and closures resulting thereof, I wish to participate in the OMNI CRA EMERGENCY
BUSINESS MICROGRANT PROGRAM. I understand that this application does not imply acceptance in
the program and, that my application is reviewed by the CRA for possible approval. I acknowledge
that I have received a copy of the Grant Program Procedures and will comply with all requirements
should I be awarded a grant.
Signature / Print Name for Business Owner Name Date
10/12/2020
Omni Community Redevelopment Agency Alex Diaz de la Portilla, Chairman • Jason Walker, Executive Director
1401 N. Miami Ave., 2nd Floor, Miami, Ft 33136 • www.omnkra.com • 305.679.6868
6
Omni
CRA
Emergency Business Microgrant
BUSINESS NAME
Kush Wynwood, LLC
Applications will may be disqualified for approval for the following reasons:
O Applicant did not provide documentation demonstrating that the eligibility criteria have been
met.
O Grant would not support redevelopment of the CRA
O The business is not located in the Omni CRA Redevelopment Area.
O The grant will provide funds for speculation in any kind of property, real or personal, tangible or
intangible;
O if the applicant is a charitable institution or non-profit enterprise:
O If the purpose of the grant is to finance the acquisition of real property or land.
O If the Applicant and/or its principals are in debt to the City of Miami.
O If the Applicant and/or business owner have been debarred from doing business with federal,
state, county or local government.
O Lack of funds.
OFFICE USE ONLY
Date Received:
Qz
d / Denied
Omni Community Redevelopment Agency Alex Diaz de la Portilla, Chairman • Jason Walker, Executive Director
1401 N. Miami A%e., 2^4 Floor, Miami, FL 33136 • www.omnicra.com • 305.679.6868
7
-v
Omni
C R a
Emergency Business Microgrant 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 Emergency Business Microgrant 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, as well as how impacted the business has been by the emergency closures and changes in economy due to the
Emergency.
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: ICAS1'1 IMIVIWarf
Amount of Grant Approved: + 5?Y
Reasons to Award Grant:
Date of Application: 101 a Zo •
O Grant would support redevelopment of the CRA
O Secure previous investment by CRA
O Ensure important local business
O Employment retention or rehiring
O Business networking/online improvements
O Physical buildout
O Payment of utilities/rent in arrears
O Assist general business costs
I do hereby . pr• e this business as a grant awardee.
Jason Wal r, Date
Executive Director, Omni CRA
�1l Y /leo
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
GRANTEE'S Certificate of Corporate Authorization
And
Corporate Status Update
CERTIFICATE OF AUTHORITY
STATE OF FLORIDA
SS / EIN:.46-4073951
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that a meeting of the members KUSH WYNWOOD LLC, a Florida Limited Liability Company
(the "Company"), whose mailing address is 4627, ponces\d'eLeon Blvd, Coral Gables, FL 33146 organized and existing
ra{ under the laws of the State of Florida held on , of tw�1L2020, tfte follow
ing resolution was duly passed and adopted:
RESOLVED the following.
1. Kush Hospitality Group is the registered owner of Kush Wynwood LLC operating as "Kush" Restaurant that is
physically located within the boundaries of the Omni CRA at 2003 N. Miami Ave. Wynwood, FL 33127.
2. Matthew Kuscher is the Manager of Kush Hospitality Group and is hereby authorized to execute all agreements, each
made by the Omni Redevelopment District Community Redevelopment Agency ("CRA") to the Company and dated
on or about the date hereof.
1 further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto set its band as of the day and year first above written. (Printed typed or
stamped commissioned)
Kush Wynwood LLC
a Florida Limited Liability Company
Managed by Kush Hospitality Group
Print Name: Matthew Kuscher
Title: Manager
Sworn to and subscribed before me this 5 day of hbvesideof 2020, by Matthew Kuscher as Manager of
Wynwood Hospitality Group managing Kush Wynwood LLC. on behalf of said entity who is ( x ) personally known by me
or has provided the following identification
CRISTIN HEBERT •
% State of Florida -Notary Public
Commission # DD 240250
My Comm iaeion'Expires
,,,"', July.19, 2022.
(Printed, typed or stamped commissioned
Notary Public — State of Florida
My commission expires 7), iL
jhelorg
/^
r DP/1:4r9J ; f�f ` r /
(J 1J r\'l' Ju! 1..J
'/0"17twoomosia4 fl•1 ,.n.. Fr,/ ••1 /'Parof.i 11,
Department of Stt& 1 4ivisityr of C pr p_ 2l1Ltro^§ / $gamh Records / ,Sedre by ]fly Name I
DIVISION OF CORPORATIONS
Detail by Entity Name
Florida Limited Liability Company
KUSH HOSPITALITY GROUP LLC
Filing information
Document Number L13000123326
FEI/EIN Number 46-3548569
Date Filed 08/30/2013
Effective Date 08/30/2013
State FL
Status ACTIVE
Last Event LC NAME CHANGE
Event Date Filed 10/12/2017
Event Effective Date NONE
Principal Address
2911 GRAND AVENUE,
SUITE 400D
MIAMI, FL 33133
Changed: 10/24/2017
Mailing Address
C/O JOSEPH JACKSON
4627 PONCE DE LEON BLVD
CORAL GABLES, FL 33146
Changed: 01/09/2019
Registered Agent Nye$ Address
JACKSON, JOSEPH, CPA
4627 PONCE DE LEON BLVD
CORAL GABLES, FL 33146
Name Changed: 01/24/2020
Address Changed: 01/09/2019
Authorized Person(s) Detail
Name & Address
Title MGRM
KUSCHER, MATTHEW J
2911 GRAND AVE, STE 400D
MIAMI, FL 33133
Annual Reports
Report Year Red Date
2018 02/15/2018
2019 01/09/2019
2020 01/24/2020
Document Imaggl
01/24/2020 —ANNUAL REPORT
01/09/2019 —ANNUAL REPORT
02/15/2018'- ANNUAL REPORT
10/12/2017 — LC •Name Changg
09/29/2017 - LC Warne Change
02/15/2017 — ANNUAL REPORT
04/28/2016— ANNUAL REPORT
04/23/2015 -ANNUAL REPORT
01/16/2014 - ANNUAL REPORT
Vew image. in PDF format
-View image in PDF format '
View image in,PDF format 1
View image in PDF format 1
View image in PDF format
View image in PDF format
View image in PDF format
View image•in PDF format
View image in PDF format 1
08/30/2013 -- Florida Limited Liability - View image in PDF format
Florida Departmrnl of Stale, Division of Corporations
DIVISION OF CORPORATIONS
C8fnt 4f State
rC Jl /11.1rt rl
/ pivision of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Trademark
KUSH
Eiing InformatEpn
Document Number
Date Filed
Expiration Date
Last Event
Event Date Filed
Event Effective Date
First Used in Florida
First Used Anywhere
Status
T14000001038
09/23/2014
09/23/2024
RENEWAL
09/23/2019
NONE
03/19/2014
03/19/2014
ACTIVE
Mark Used In Connection With
RESTAURANT AND BAR SERVICES, GOODS OF BROWNIES
Owners
Name & Address
KUSH WYNWOOD LLC
2003 NORTH MIAMI AVENUE
MIAMI, FL 33127
Type/Class
SM-00430000 TM-00300000 00000000000 00000000000
00000000000 00000000000 00000000000 00000000000
00000000000 00000000000 00000000000 00000000000
00000000000 00000000000 00000000000 00000000000
00000000000 00000000000 00000000000 00000000000
Cross Reference
No Cross Reference
Document Image
0923/2019-- lr ..,mark/Renewal View image in PDF format
09123.'2014 — Trademark View image in PDF format
Florida Department of State, Division of Corporations
DIVISION OF CORPORATIONS
J j J t y u r,
, iJ� V:org l rjP_'rf,i:' A 'i Fr)i
Dep€ rrient of $rate / Division of corporal' ns / Search Records / Search by fntify Name /
Detail by Entity Name
Florida Limited Liability Company
KUSH WYNWOOD LLC
ding Information
Document Number L13000153208
FEI/EIN Number 46-4073951
Date Filed 10/31/2013
Effective Date 10/30/2013
State FL
Status ACTIVE
Principal Address
2911 GRAND AVE, SUITE 400D
MIAMI, FL 33133
Changed: 11/02/2017
Mailing Address
4627 Ponce de Leon Boulevard
Coral Gables, FL 33146
Changed: 01/10/2019
E gistered Agent Name & Address
JACKSON, JOSEPH, CPA
4627 Ponce de Leon Boulevard
Coral Gables, FL 33146
Name Changed: 01/24/2020
Address Changed: 01/10/2019
AuthorizedRerson(S) Detail
Name & Address
Title MGRM
KUSH HOSPITALITY GROUP
2911 GRAND AVE., STE 400D
MIAMI, FL 33133
Annual Reports
2_S3i
Report Year Filed Date
2018 02120/2018
2019 01/10/2019
2020 01/24/2020
POCUMent Image
01/2442020 — ANNUAL REPORT View image in PDF format
01/1012019— ANNUAL REPORT View image in PDF format j
02120/2018 — ANNUAL REPORT View Image In PDF format 1
02/15/2017— ANNUAL REPORT View image in PDF format I
04129120/6 — ANNUAL REPORT' View image in PDF format' 1
04/23/2015 ANNUAL REPORT View image in PDF format
01/15/2014 — ANNUAL REPORT View image in PDF format,
10/31/2013 Florida Limited Liability. View image in PDF format -1
I v•od,: aLf tate,