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HomeMy WebLinkAbout23316AGREEMENT INFORMATION AGREEMENT NUMBER 23316 NAME/TYPE OF AGREEMENT OMNI CRA & KUSH WYNWOOD LLC DESCRIPTION LICENSE, ACCESS & INDEMNIFICATION AGREEMENT/USE OF A CRA-OWNED PROPERTY FOR OUTDOOR EMPLOYEE PARKING/MATTER ID: 20-2368 EFFECTIVE DATE November 20, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/20/2020 DATE RECEIVED FROM ISSUING DEPT. 11/24/2020 NOTE LICENSE, ACCESS AND INDEMNIFICATION AGREEMENT This License, Access, and Indemnification Agreement (the "Agreement"), made and entered into thiss -O day of ON'iAM r , 2020 (the "Effective Date"), between the Omni Redevelopment District Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and Kush Wynwood LLC, a Florida limited liability company, whose principal address is 2911 Grand Avenue, Suite 400 D, Miami, FL 33133 ("Licensee"), is entered into as follows: WITNESSETH WHEREAS, the CRA is the fee simple owner of the properties listed on Exhibit "A," attached hereto and made a part hereof (the "Properties"); and WHEREAS, the Licensee is the operator of a restaurant business located within the boundaries of the CRA at 2003 North Miami Avenue, Miami, Florida 33127; and WHEREAS, the CRA and Licensee ("the Parties") desire and intend to enter into a Revocable License Agreement for the use of C RA -owned property located at 2035 North Miami Avenue, Miami, Florida, depicted on Exhibit "A" for outdoor employee parking; and WHEREAS, this Agreement does not transfer an interest in real property including any leasehold or similar possessory interest or estate interest in real property owned by the CRA; and WHEREAS, this Agreement does not confer a right to use any real property for any general purposes; and WHEREAS, this Agreement does not convey or transfer any right to exclude the CRA from any real or personal property; and WHEREAS, this Agreement permits only certain, enumerated, specific, listed permitted uses, and does not permit anything further; and WHEREAS, the Parties jointly and voluntarily stipulate as to the accuracy of these recitals; and WHEREAS, both parties both agree that all rights of the CRA may be transferred to a subsequent owner of the property; and WHEREAS, Licensee desires to obtain from the CRA and the CRA desires to grant to the Licensee, its agents, representatives, employees or contractors a temporary, non- exclusive license to use, access, and occupy the Properties for the purpose of providing parking for employees; and WHEREAS, the CRA grants the Licensee, its agents, representatives, employees or contractors the continuous right to provide parking on the lot; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual proniises and covenants herein set forth, the parties hereto agree as follows: I. PURPOSE AND RIGHT OF ACCESS.AND ADVANCE NOTICE(S). 1.1 ' Purpose and Right to Access. Licensee will provide employee parking on the lot. Furthermore, the CRA grants to Licensee, its agents, representatives, employees, contractors, sub -contractors, invitees, and consultants (hereinafter collectively referred to as "Licensee"), access rights to enter upon the Properties for the purpose of parking as necessary and as determined by the Licensee in connection with the Approved Use, subject to Licensee providing all required insurances, documents and information. This notice requirement shall not be construed to require daily notice, but it shall be sufficient that Licensee understands and accepts that this agreement is of a temporary nature to conduct the Authorized Activity. During the term of this Agreement, CRA hereby grants to Licensee, a temporary, non-exclusive access to and for the benefit of Licensee's ingress to and egress from the Properties, adjacent public roads in, over, and upon any areas in CRA's other property that serves the Properties for the Approved Use, including, but not limited to, non-exclusive access and right of use in, to, over, under and across portions of the CRA's property serving the Properties for the installation, construction, operation, maintenance, repair, relocation and removal of electric power lines, telephone lines, cable television lines and other utilities to serve the Properties, subject to all required permits, and applicable rules, regulations, and laws associated with same, together with the right to install and maintain, without limitation, any necessary other related facilities solely and directly related to the Approved Use. Licensee shall have access to the Properties described herein to perform the Licensee Improvements described in Section 1.2 herein. 1.2 Licensee Improvements. Licensee may construct, alter, remove, repair or relocate upon the Properties, without limitation, any improvements or other equipment now or hereafter placed upon the Properties in connection with the Approved Use, upon receiving written approval from the Executive Director and acquiring all necessary permits. Licensee agrees to maintain the Page 2 of 14 Properties, in good condition and repair, in compliance with all applicable laws at its sole cost and expense, reasonable wear and tear excepted. All Licensee improvements and all other property owned by Licensee now or hereafter placed upon the Properties, annexed to same or not, shall remain the personal property of Licensee, and Licensee shall have the right and privilege of removing such improvements and other property; provided that Licensee shall repair any damage caused by removal of any Licensee improvement so that the Properties shall be left in a safe condition. Upon the expiration or earlier termination of this Agreement, Licensee shall have a period of fifteen (15) days within which to remove any Licensee improvements and other such property as Licensee desires. Licensee shall not be liable for storage charges or rent or other charges for any Licensee improvements or other property left on the Properties during such fifteen (15) day period. If Licensee fails to remove any improvements, the CRA may remove and dispose of, at Licensee's expense, any Licensee improvements after said fifteen (15) day period and shall not be liable for any damages occurring to said improvements in the course of doing so. CRA shall not have the duty to hold and/or store said improvements if it elects to remove them from the Properties. II. DURATION AND FEE. 2.1 Duration. The term of this Agreement shall be from the period commencing upon the Effective Date and ending ten (10) days following Licensee's receipt of the CRA's notice of termination of this Agreement (the "Term"). Upon termination of the Agreement, all rights and privileges derived from, and all duties and obligations created and imposed by the provisions of this Agreement, shall terminate and have no further force or effect; provided however that the termination of this Agreement shall not limit or affect any remedy at law or in equity that the CRA may have against Licensee with respect to any liability or obligation arising or to be performed by Licensee under this Agreement prior to the date of such termination. Notwithstanding the foregoing, CRA or Licensee may terminate this License at any time by giving ten (10) days prior written notice to the opposite party. In such event, CRA shall not reimburse Licensee for improvements that will remain on the Premises after Licensee has vacated. Licensee shall bear all costs and expenses including but not limited to Licensee's construction, maintenance, disassembly, removal, and storage of its improvements. 2.2 Fee. In consideration of this Agreement, commencing on the Effective Date, Licensee, its agents, representatives, employees or contractors a temporary, non-exclusive license to use, access, and occupy the Properties for the purpose of providing parking for employees. 2.3 Late Fee. Page 3 of 14 This section has been intentionally removed. 2.4 Manner of Payment. This section has been intentionally removed. 2.5 Payment Implementation. This section has been intentionally removed. III. RESTORATION OF THE PROPERTIES. Upon expiration of the Term of this Agreement, Licensee agrees, at no cost to the CRA, to ensure the Properties are restored to a similar or better condition as existed at the Effective Date of this Agreement and to repair and restore any damage to the Properties caused as a result of or by the conduct of the Licensee thereupon. IV. MAINTENANCE OF THE PROPERTIES. Licensee, at its sole cost and expense, shall maintain and keep in good repair the area of the Properties. Except as otherwise contained in this Agreement, Licensee's maintenance thereto shall include but not be limited to the mechanical, electrical, plumbing, sidewalks, slab, drainage, making such repairs, as when needed. Licensee shall not be responsible for cleaning graffiti at the Properties. The CRA shall not be required to furnish any services or facilities or to make any repairs or alterations in or to any improvement associated with the Properties. Licensee hereby assumes the full and sole responsibility for the condition, operation, repair, maintenance, and management of the Properties. Upon termination of this Agreement, Licensee shall surrender the Properties; all attached improvements associated thereto; and, all items of equipment affixed thereto; and, return to the CRA in as good a condition as existing at the time of its initial occupancy, ordinary wear and tear expected. If Licensee defaults in keeping or performing its obligations hereunder, the CRA shall have the right after five (5) days' notice (except no notice need be sent in cases of emergency) to keep or perform Licensee's obligation in its behalf and the cost of the same shall be invoiced to Licensee. V. INSURANCE REQUIREMENTS. Prior to Licensee, its agents, employees, representatives, contractors, sub- contractors, consultants or anyone else directly or indirectly employed by any of them entering upon the Properties for the Approved Use as described herein, Licensee shall obtain and maintain or cause to be obtained and maintained throughout the Term of this Agreement, the types and amounts of insurance coverages set forth in Exhibit "B," attached hereto and incorporated therein by this reference, in such reasonable amounts as approved by the City of Miami's Risk Management Director protecting the CRA and the City of Miami, against all claims for personal injury, bodily injury, property damage, and regulatory actions by governmental agencies arising out of or related to the activities undertaken by the Licensee upon the Properties and naming the CRA as an additional Page 4 of 14 insured. The insurance required hereunder shall be effective for the Term and any other extensions or renewals thereof. The City's Risk Management Director shall review the insurance requirements upon any extension or renewal of the Term and reserves the right to make reasonable changes in the types and amounts of insurance coverages as necessary and shall revise Exhibit "B" accordingly as necessary. The Licensee shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the Term of this Agreement and any extension hereof, Licensee shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Director at a minimum of ten (10) calendar days in advance of such expiration(s). In the event that expired certificates are not replaced, with new or renewed certificates which cover the Term of this Agreement and any other extension or renewal thereof: (i) the CRA shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Director; or (ii) the CRA may, at its sole discretion, terminate the Agreement for cause and seek appropriate remedies in conjunction with the violation of the terms and conditions of this Agreement. Compliance with the foregoing insurance requirements shall not relieve Licensee of its liabilities and obligations under this Agreement. VI. INDEMNIFICATION. Licensee shall indemnify, defend, and hold harmless the CRA and the City of Miami and its officials, employees, for claims (collectivelyreferred to as "Indemnitees") and each of them from and against al] loss, costs, penalties, fines, damages, claims, expenses (including attorneys' fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person, regardless of whether said person is an employee, agent, representative, or invitee of the Licensee, or damage to or destruction or loss of any property arising out of, resulting from, or in connection with the Licensees use of the properties and/or license area and (i) the negligent performance or non-performance of the services contemplated by this Agreement (whether active or passive) of Licensee or its employees or subcontractors (collectively referred to as "Licensee") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Licensee to comply materially with any of the requirements herein, or the failure of the Licensee to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement. Licensee expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Licensee, or any of its subcontractors, as provided above, Page 5 of 14 for which the Licensee's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Licensee further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Licensee's negligent performance under this Agreement, compliance with which is left by this Agreement to Licensee, and (ii) any and all claims, and/or suits for labor and materials furnished by Licensee or utilized in the performance of this Agreement or otherwise. In the event that any third party asserts claims against the Licensee and/or the Indemnitees for which Licensee is defending the Indemnitees relating to the services provided, Licensee shall have the right to select its legal counsel for such defense, subject to the approval of the City Attorney, which approval shall not be unreasonably held. . This section shall be interpreted to comply with Sections 725.06 and/or 725.08, Florida Statutes. Licensee's obligations to indemnify, defend and hold harmless the Indemnitees shall survive the termination of this Agreement. Licensee understands and agrees that any and all liabilities regarding the use of any subcontractor for services related to this Agreement shall be borne solely by Licensee throughout the duration of this Agreement and that this provision shall survive the termination of this Agreement. VII. ACKNOWLEDGMENTS; NO COST TO CRA. The undersigned hereby acknowledges that Licensee has voluntarily requested permission from the CRA for the purpose of utilizing CRA-owned property. Licensee hereby further acknowledges and agrees that none of the costs, expenses, fees, or any other amounts to be paid for the Licensee improvements (including, but not limited to, any of the costs, expenses, fees, or any other amounts to be paid to Licensee, its agents, employees, representatives, contractors, sub -contractors, consultants or anyone else directly or indirectly employed by any of them) are to be paid by the CRA. Licensee further acknowledges and agrees that the Licensee improvements are being undertaken by Licensee (including, but not limited to, any and all of the work to be performed by Licensee, its agents, employees, representatives, contractors, sub -contractors, consultants or anyone else directly or indirectly employed by any of them) at no cost to the CRA and that Licensee shall be responsible for all costs, expenses, fees, and all other amounts to be paid in connection with the Licensee improvements. VIII. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION. A. Licensee agrees to provide access to the CRA or to any of its duly authorized representatives, to any books, documents, papers, and records of Licensee which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The CRA may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the Licensee to the CRA under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, Page 6 of 14 and records of Licensee which are related to Licensee's performance under this Agreement. Licensee agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after fmal payment is made under this Agreement and all other pending matters are closed. Licensee's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the CRA. B. The CRA may, at reasonable times during the Term hereof, inspect the Licensee's facilities and perform such tests, as the CRA deems reasonably necessary, to determine whether the goods or services required to be provided by Licensee under this Agreement conform to the terms hereof and/or the terms of the Services Agreement, if applicable. Licensee shall make available to the CRA all reasonable facilities and assistance to facilitate the performance of tests or inspections by CRA representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18- 100 through 18-102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time. IX. PUBLIC RECORDS. A. Licensee understands that the public shall have access, at all reasonable times, to all documents and information pertaining to CRA Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable laws. Licensee's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the CRA. B. Licensee shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required by the CRA to perform the service herein; (2) provide the public with access to public records on the same terms and conditions as the CRA would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the CRA all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records to the CRA in a format compatible with the CRA's information technology systems. C. Should Licensee determine to dispute any public access provision required by Florida Statutes, then Licensee shall do so at its own expense and at no cost to the CRA. X. MISCELLANEOUS PROVISIONS. A. CRA Approval. Whenever an item herein is subject to approval by the CRA, the Executive Director Page 7 of 14 shall be the sole judge of the worthiness and benefit of the item for which approval is sought and shall approve or disapprove such item at his/her sole discretion. B. Modifications, Amendments, Waivers. Any alterations, variations, modifications, or waivers of provisions of this Agreement, including, but not limited to, access to and any other uses of the Property shall only be valid when they have been reduced to writing, duly authorized by the Executive Director, executed by the Executive Director, approved by the City Risk Management Director and the General Counsel, and attested by the Clerk of the Board on behalf of the CRA, and by the authorized signatory of Licensee, and attached to the originals of this Agreement. C. Assignability. This Agreement is unique in nature and the Licensee may not assign, transfer or sold in whole or in part. The CRA may transfer the property at which time all rights of the CRA may be transferred to a subsequent owner. D. Notices. All notices pursuant to this Agreement shall be in writing and sent by certified mail or delivered by personal service to the addresses for each Party appearing on page one of this Agreement and as indicated below, or as the same may be changed in writing from time to time. With conies to: Jason Walker Executive Director Omni Redevelopment District Community Redevelopment Agency 1401 North Miami Ave, Miami, Florida 33073 General Counsel, Victoria Mendez City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Licensee: Matthew Kuscher 2911 Grand Avenue St 400D Miami, Florida, 33133 It is Licensee's responsibility to advise the CRA in writing of any changes in Licensee's contact names, addresses and/or telephone numbers. Such notice shall be Page 8 of 14 deemed given on the day on which personally served, or if by certified mail, on the fifth (5t1) day after being posted or the date of actual receipt, whichever is earlier. E. Autonomy. Both Parties agree that this Agreement recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. It is expressly understood and intended that Licensee is only receiving access to the Properties for the purposes of implementing temporary parking and that Licensee is not an agent or instrumentality of the CRA, and that Licensee's agents, representatives, contractors, sub -contractors, consultants, and employees are not agents, representatives, contractors, sub -contractors, consultants, or employees of the CRA. F. Headings, Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. G. Governing Law & Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the terms of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. H. Court Costs and Attorneys' Fees. It is the express intent of the parties hereto that in no event will the CRA be required to pay Licensee's attorneys' fees and court costs for any action arising out of this Agreement or from the Licensee's Approved Use(s) as described herein. In the event that. the foregoing waiver and limitations contained herein are found to be invalid, or are otherwise not upheld, then the provisions of this Section shall become null and void and each Party shall be responsible for its own attorneys' fees and court costs. I. Waiver of Jury Trial. The parties hereby knowingly, irrevocably, voluntarily, and intentionally waive any right either may have to a trial by jury in respect 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 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 Licensee to enter into this Agreement. Page 9 of 14 J. Force Majeure. A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, killer bee infestation, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so Iong as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. K. CRA not Liable for Delays. Licensee hereby understands and agrees that in no event shall the CRA be liable for, or responsible to Licensee or any of Licensee's employees, representatives, contractors, sub -contractors, consultants, or agents, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the CRA has no control. L. Survival. All obligations (including but not limited to indemnity and obligations to defend 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. M. Entire Agreement. This Agreement embodies and constitutes the entire understanding between the CRA and the Licensee concerning the Properties, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written with respect thereto are merged therein. Nothing in this Agreement shall be construed to make the parties hereto partners or joint ventures or render either of said parties liable for the debts or obligations of the other. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire Agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications Page 10 of 14 concerning this Agreement shall be of no force or effect. This Agreement may be modified, altered or amended only by a written amendment duly executed by all parties hereto or their authorized representatives. The Executive Director is authorized to amend or modify this Agreement as needed. N. Totality of Agreement/Severability of Provisions. This Agreement with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Exhibit "A" Exhibit "B" The Properties Insurance Requirements This constitutes the full and final agreement between the parties as to the subject matter of the agreement. This Agreement supersedes and replaces all prior or contemporaneous communications and agreements between the parties, whether oral or otherwise, as to its subject matter. No other contract, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Risk of Loss The CRA and the City and the lndemnitees as described herein, assume no responsibility whatsoever for any person or property that enters the Properties and/or license area as contemplated or defined herein, as a result of, or in connection with, the Licensees use of same. In consideration of the execution of this Agreement by the CRA, Licensee releases the CRA, the City, and the Indemnitees from any and all liability for any loss, injury, death, theft, damage or destruction to any persons or property to include, without limitation, those described above in the Indemnification section, which may occur in or about the properties and/or license area. P. Counterparts This Agreement may be executed in any number of duplicates, each having the effect of an original. It may be executed by digital means and have the same effect. Page 11 of 14 IN WITNESS WHEREOF, the CRA and Licensee have caused this License to be executed as of the date Effective Date set forth above. WITNESSES: LICENSEE: By: Print Name: NI otHn fii 1 1,0 S ,) v e\ ATTEST: odd Hannon, C6 0f the Board Date: ii(ao/abao APPROVED AS TO INSURANCE AND REQUIREMENTS Kush Wynwood LLC Its: K} CRA: OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") y. `� .. r CZLo. Jason Walker, Executive Director APPROVED AS TO LEGAL FORM CORRECTNESS: r3a6 ,L . 6/6/1" Ann -Marie Sharpe Victoria dez Director of Risk Management General Counsel a Page 12 of 14 EXHIBIT "A" THE PROPERTIES Page 13 of 14 PEDROJIIGARCIA MIAMI-DADE PROPERTY APPRAISER Address Owner Name Folio SEARCH: 2035 north miami avenue, miami florida Back to Search Results PROPERTY INFORMATION Folio: 01-3125-000-0130 Sub -Division: Property Address 2035 N MIAMI AVE Owner OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY Mailing Address 1401 N MIAMI AVE 2ND FL MIAMI, FL 33136 PA Primary Zone 6100 COMMERCIAL - NEIGHBORHOOD Primary Land Use 2719 AUTOMOTIVE OR MARINE : AUTOMOTIVE OR MARINE Beds 1 Baths / Hatf Floors Living Units Actual Area 0/0/0 1 0 Suite Q Living Area Adjusted Area Lot Size Year Built Featured Online Tools Comparable Sales PA Additional Online Tools Property Search Help Report Discrepancies 1,212 Sq.Ft 9,095 Sq.Ft 1930 Glossary Property Record Cards Property Taxes Report Homestead Fraud Special Taxing Districts and Other Non -Ad valorem Assessments Tax Comparison Tax Estimator TRIM Notice Value Adjustment Board ASSESSMENT INFORMATION Year 2020 2019 2018 Land Value $2,046,375 $2,046,375 $1,637,100 Budding Value $31,677 • • $30,237 $30,237 Extra Feature Value $4,171- $4,224 $4,277 Market Value $2,082,223 $2,080,836 $1,671,614 Assessed Value $2,082,223 $2,080,836 $379,997 TAXABLE VALUE INFORMATION 2020 2019 2018 COUNTY Exemption Value $2,082,223 $2,080,836 $179,055 Taxable Value $0 $0 $200,942 SCHOOL BOARD Exemption Value $2,082,223 $2,080,836 $787,665 Taxable Value $0 $0 $883,949 CITY Exemption Value $2,082,223 • $2,080,836 $179,055 Taxable Value $0 $0 $200,942 REGIONAL Exemption Value $2,082,223 $2,080,836 $179,055 Taxable Value $0 $0 $200,942 BENEFITS INFORMATION Benefit Type 2020 2019 2018 Non -Homestead Cap Assessment Reduction $1,291,617 Municipal • • Exemption $2,082,223 $2,080,836 $179,055 Note: Not all benefits are applicable to all Taxable Values (Le. County, SchoolBoard, City, Regional). 4 FULL LEGAL DESCRIPTION 25 53 41 BEG AT NW COR OF SW1/4 OF SW1/4 OF SE1/4 OF SE1/4 S85FT E TO RNV N ALG R/W 85FT W135FT TO BEG LESS W2OFT LOT SIZE 85.000 X 107 OR 17498-1050 0197 2 (2) C0C 23180-3043 03 2005 2 SALES INFORMATION Previous Sale 07/13/2018 03/01/2005 01/01/1997 11/01/1981 Price $6,000,200 $900,000 $115,000 $135,000 OR Book -Page 31070-1911 23180-3043 17498-1050 11278-1770 Qualification Description Qual on DOS, multi -parcel sale Deeds that include more than one parcel Deeds that include more than one parcel Deeds that include more than one parcel For more information about the Department of Revenue's Sales Qualification Codes. 2020 2019 2018 LAND INFORMATION Land Use Muni Zone GENERAL T6-8-0 BUILDING INFORMATION Building Number 1 EXTRA FEATURES Description Carport - Aluminum - No Floor PA Zone 6100 - COMMERCIAL - NEIGHBORHOOD Sub Area 1 Year Bullt 1930 Unit Type Square Ft. Previous Owner 1 DLFA INC Units 9,095.00 Actual Sq.Ft. Living Sq.Ft. Ad) Sq.Ft. 1,212 Year Built Units 1996 660 Cale Value $2,046,375 Cale Value $31,677 Cale Value $4,171 ADDITIONAL INFORMATION • The information listed below is not derived from. the Property Appraiser's Office records. It is provided for convenience and is derived from other govemment agencies. LAND USE AND RESTRICTIONS Community Development District: NONE Community Redevelopment Area: OMNI Empowerment Zone: NORTH CENTRAL Enterprise Zone: CENTRAL Urban Development: INSIDE URBAN DEVELOPMENT BOUNDARY Zoning Code: T6-8-0 - Existing Land Use: 804 - VACANT, NON -PROTECTED, PRIVATELY -OWNED. Govemment Agencies and Community Services - OTHER GOVERNMENTAL JURISDICTIONS Business Incentives Childrens Trust City of Miami Environmental Considerations Florida Inland Navigation District PA Bulletin Board Special Taxing District and Other Non -Ad valorem Assessment School Board South Florida Water Mgmt District Tax Collector The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current Information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.govlinfo/disclaimer.asp For inquiries and suggestions email us at http://www.miamidade.govlPAPortal/ContactForm/ContactFormMain.aspx. Version: 2.0.3 EXEMPTIONS & BENEFITS Deployed Military PEDAOJIGARCIA MIAMI-DADE PROPERTY APPRAISER Address Owner Name Folio SEARCH: 2035 north miami avenue, miami florida Back to Search Results PROPERTY INFORMATION Folio: 01-3125-000-0100 Sub -Division: Property Address 2037 N MIAMI AVE Owner OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY Mailing Address 1401 N MIAMI AVE 2ND FL MIAMI, FL 33136 PA Primary Zone 6100 COMMERCIAL - NEIGHBORHOOD Primary Land Use 4081 VACANT LAND - INDUSTRIAL : VACANT LAND Beds ! Baths /Half 0/0/0 Floors 0 Living Units 0 Actual Area 0 I Suite Living Area Adjusted Area Lot Size Year Bulit Featured Online Tools Comparable Sales PA Additional Online Tools Property Search Help Report Discrepancies 0 0 6,600 Sq.Ft 0 Glossary Property Record Cards Property Taxes Report Homestead Fraud Special Taxing Districts and Other Non -Ad valorem Assessments Tax Comparison Tax Estimator TRIM Notice Value Adjustment Board ASSESSMENT INFORMATION Year 2020 2019 2018 Land Value $1,485,000 $1,485,000 $1,188,000 Building Value $0 $0 $0 Extra Feature Value $0 $0 $0 Market Value $1,485,000 $1,485,000 $1,188,000 Assessed Value $1,485,000 $1,485,000 $243,588 TAXABLE VALUE INFORMATION 2020 2019 2018 COUNTY Exemption Value $1,485,000 $1,485,000 $114,779 Taxable Value $0 $0 $128,809 SCHOOL BOARD Exemption Value $1,485,000 $1,485,000 $559,786 Taxable Value $0 $0 $628,214 CITY Exemption Value $1,485,000 $1,485,000 $114,779 Taxable Value $0 $0 $128,809 REGIONAL Exemption Value $1,485,000 $1,485,000 $114,779 Taxable Value $0 $0 $128,809 4 BENEFITS INFORMATION Benefit Type Non -Homestead Cap Assessment Reduction Municipal Exemption 2020 $1,485,000 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). 2019 2018 $944,412 $1,485,000 $114,779 FULL LEGAL DESCRIPTION 25 53 41 BEG 85FTS OF NW COR SW1/4 OF SW 1/4 OF SE1/4 OF SE1/4 S100FT E TO RAN NALGRAN TOPTEOFPOB .W TO POB LESS W2OFT LOT SIZE 100.000 X 66 OR 18973-1283 01001 COC 23180-3041 03 20051 SALES INFORMATION Previous Sale Price OR Book -Page Qualification Description ., Previous Owner 1 07/13/2018 $6,000,200 31070-1911 Qual on DOS, multi -parcel sate . DLFA INC 03/01/2005 $300,000 23180-3041 Sales which are qualified 01/01/2000 $35,000 18973-1283 Sales which are qualified 12/01/1997 $0 17939-1610 Sales which are disqualified as a result of examination of the deed 06/01/1982 • $43,500 99999-9999 Other disqualified For more information about the Department of Revenue's Sales Qualification Codes. 4 2020 2019 2018 LAND INFORMATION Land Use Muni Zone GENERAL T6-8-O 4 BUILDING INFORMATION PA Zone 6100 - COMMERCIAL - NEIGHBORHOOD Unit Type Units . Calc Value Square Ft. • 6,600.00 $1,485,000 Building Number Sub Area Year Bulit Actual Sq.Ft. Living Sq.Ft. Ad) Sq.Ft. Calc Value EXTRA FEATURES Description 4 Year Built Units Calc Value ADDITIONALINFORMATION " The information listed below is not derived from the Property Appraiser's Office records. It is provided for convenience and is derived from other govemment agendas. - - LAND USE AND RESTRICTIONS Community Development District: NONE Community Redevelopment Area: OMNI Empowerment Zone: NORTH CENTRAL Enterprise Zone: CENTRAL Urban Development: INSIDE URBAN DEVELOPMENT BOUNDARY Zoning Code: T6-8-O - Existing Land Use: 804 - VACANT, NON -PROTECTED, PRIVATELY -OWNED. Govemment Agencies and Community Services OTHER GOVERNMENTAL JURISDICTIONS Business Incentives Childrens Trust City of Miami Environmental Considerations Florida Inland Navigation District PA Bulletin Board Special Taxing District and Other NonAd valorem Assessment School Board South Florida Water Mgmt District Tait Collector The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http:/lwww.miamiidade.gov/infoldisclaimer.asp For inquiries and suggestions email us at http://www.miamidade.gov/PAPortal/ContactForm/ContactFormMain:aspx. Version: 2.0.3 EXEMPTIONS O BENEFITS Deployed Military • 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 4677 ponde Leon Blvd, Coral Gables, FL 33146 organized end existing under the laws of the State of Florida held on , of1`Nv • 2020, the following resolution was duly passed sad adopted: RESOLVED the following: 1.. Kush Hospitality Group is the re istezed owner of Kneh 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 Knacker lathe Manager of Kush Hospitality Group and is hereby authosizodto 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. I further certify that said resolution is now in full force and effect. 1N WITNESS WHEREOF, the undersigned has hereouto set its hand es of the day and year fast above written. (Printed typed or stamped commissioned) Kush Wynwood LLC a Florida Limited Liability Company Managed by Kush Hospitality Group Print Name: Matthew 'panther Title: Managerdoe By:jiff Sworn to and subscribed before me this . 5 day of Iftvi*lekt 2020, by. Mathew Kuscher as Malaga of Wynwood Hospitality Group: managing Kush Wynwood LLC. on behalf of said entity who is ( )4. ) personally (mown by me or has provided the following identification CRISTIN L .HEBERT, State of Florida -Notary Public es Commission ti DD 240250 PH; MyCJmy 19s42 o0pires (printed, hyped ar stamped commissioned Notary Public —State ofFloaida My commission. expires 71 A N 17.z DIVISION OF CORPORAT•Ot.S .04ibrg J!'Ji:;!(I' (.4 (,fsJ»'Pr)'•_"II Fri! Li 12gpartment of State / Division of Coma 1 Search Record§ / Search tzy EntIy Name / Detail by Entity Name Trademark KUSH Erring Information 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 Iyne/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 hilfigai 09/23/2019 -- Trademark/Renewal 09/23/2014 - Trademark View image in POF format View image in PDF format Ptrida Dep3rtnlert C Surr.. trtv:Vsn al DIVISION O4 CORPORAI,ANS Qgpartment of Stag / Division of Conn tiQns / Search Records / Search py En1iy_m / 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: 10/242017 Mailing Address C/O JOSEPH JACKSON 4627 PONCE DE LEON BLVD CORAL GABLES, FL 33146 Changed: 01/09/2019 Rggistered Agent Name& Address JACKSON, JOSEPH, CPA 4627 PONCE DE LEON BLVD CORAL GABLES, FL 33146 Name Changed: 01/24/2020 Address Changed: 01/09/2019 Authorized Persons) Detail Name & Address Title MGRM KUSCHER,.MATTHEW J 2911 GRAND AVE, STE 400D MIAMI, FL 33133 Annual Remt Report Year Filed Date 2018 02/15/2018 2019 01/09/2019 2020 01242020 Document Images 01/24/2020 —ANNUAL REPORT View image in PDF format. 01/09/2019 — ANNUAL REPORT View imago in PDF format 02/15/2018 — ANNUAL REPORT View image in PDF forma! 10/12/2017 — LC Name Changfi View image in PDF format 09I29r2017 — LC Name Changg View image in PDF format 02/15/2017 = ANNUAL REPORT View image in PDF format 04/28/2016 — ANNUAL REPORT View image in PDF format 04/23/2015 — ANNUAL REPORT View image in PDF formal 01/162014 —ANNUAL REPORT View image in PDF format 08/30/2013 — Florida'Limileii Liability View image in PDF format 14t. 9/ lkithigAirg t r : r QgpaEatent of State / piviaion of_caltporahon5 / Search Record& earch by Enttly_thime1 Detail by Entity Name Florida Limited Liability Company KUSH WYNWOOD LLC Filing Information Document Number L13000153208 FEUEIN 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 gggialergaAgent Name & Addresg JACKSON, JOSEPH, CPA 4627 Ponce de Leon Boulevard Coral Gables, FL 33146 Name Changed 01/24/2020 Address Changed 01/102019 Authorized Person(s) D tall Name & Address Title MGRM KUSH HOSPITALITY GROUP 2911 GRAND AVE., STE 400D MIAMI, FL 33133 Annual Report Report Year Filed Date 2018 02/20/2018 2019 01 /10/2019 2020 01/24/2020 Document Imago 01/24/2020•- ANNUAL REPORT View image in PDF format 01/10/2019 -ANNUAL REPORT View image in PDF format 02/202018 - ANNUAL REPORT View image in PDF format 02/15/2017 - ANNUAL. REPORT View image in PDF format 04/292016 = ANNUAL REPORT View image in PDF format 04/232015 —ANNUAL REPORT View image in PDF format 01/15/2014 -ANNUAL-REPORT View image in PDF format 10/312013 — Florida Limited Liability, View image in PDF format EXHIBIT "B" INSURANCE REQUIREMENTS Page 14 of 14 EXHIBIT B INSURANCE REQUIREMENTS-KUSH VVYNWOOD, 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 Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement Non Owned Auto Endorsement II. 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 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 11/12/2020 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 have ADDITIONAL'INSURED'provIsions or be endorsed: If SUBROGATION I5 WAIVED, subject to the terms and conditions of the po Icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Brown & Brown of Florida, Inc. 14900 NW 79 Court Suite 200 Miami Lakes FL 33016 CONTACT Mayra Portela NAME: E ExtI (305) 714-4400 FX No): (305) 714-4401 rPµH!OCNNA EMAIL mportelatgbbmia.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N INSURERA: Zurich American Insurance Company 16535 INSURED Kush Hospitality Group, LLC Kush Wynwood, LLC 2911 Grand Ave, Ste. 400D Miami FL 33127 INSURER B: Allied World Insurance Company 22730 INSURERC: Associate d Industries Ins. 23140 INSURERD: INSURER E : _ INSURER F : COVERAGES CERTIFICATE NUMBER: CL20111187601 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. ILIR TYPE OF INSURANCE INS() NNW POUCYNUMBER (MMM!DD�A'YYY) (MM/uDCDMYYY) LIMITS A X COMMERCIAL GENERAL UABILITY Y CPO6947520.00 01/01/2020 01/01/2021 EACH OCCURRENCE $ 1,000,000 DAGE TO RNTED PREMISES SES (Ea occurrence) . $ 100,000 CLAIMS -MADE X OCCUR M ED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,OD0,000 GEN'LAGGREGATE ---Ij POLICY ❑ OTHER: UMITAPPLIES JEGT PER: XI LOC PRODUCTS-COMP)OPAGG $ 2,000,000 $ A AUTOMOBILE X UAelu ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY Y X SCHEDULED AUTOS NON-0WNED AUTOS ONLY CPO 6947520-00 01/0112020 01/01/2021 COMBINED SINGLE UMIT (Ea ec derd). $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE _(Per accident) $ $ B X UMBRELLA UAB IXCESSUAB OCCUR CLAIMS -MADE 0312-0608-855794 01/01/2020 01/01/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED XI RETENTION $ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' UABILITY Y I N ANYCERJMEETORIPARTNERIEXECUTNE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA AWC1142906 01/01/2020 01/01/2021 X STATUTE ER EL. EACH ACCIDENT $ $1,000,000 E.L. DISEASE - EA EMPLOYEE $ S1,000,000 E.L. DISEASE - POUCY LIMIT $ 51,000,000 A Liquor Liability CPO 6947520-00 01/01/2020 01/01/2021 Each Common Cause Aggregate Limit 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS :LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required) 1-1 2003 North Miami Ave., Miami FL 33127/ 2-1 2035 North Miami Avenue, Miami, FL. (Lot) The City of Miami & OMNI CRA is an additional insured on a primary and noncontributory basis with respects to General Liability when required by written contract or written agreement. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue Miami FL 33132 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2016 ACORD CORPORATION. All rights. reserved. The ACORD name and logo are registered marks of ACORD 3316 A E) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD(YYYY) 11/12/2020 THIS CERTIFICATE 15 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po Icy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(e). PRODUCER Brown & Brown of Florida, Inc. 14900 NW79 Court Suite 200 Miami Lakes FL 33016 CONTACT Mayra Portela NAME: E (305) 714-4400 FAX (305) 714-4401 PHONH. Ertl: (A/C, No): IAff EADMDANo�L�: mportela@bbmia.com INSURERIS) AFFORDING COVERAGE NAIC i INSURER A: Zurich American Insurance Company 16535 INSURED Kush Hospitality Group, LLC Kush Wynwood, LLC 2911 Grand Ave, Ste. 400D Miami FL 33127 INSURERS : Allied World Insurance Company 22730 INSURER C: Associated Industries Ins. 23140 INSURER D : INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: CL20111187801 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 TYPE OF INSURANCE 1tDUL INSO UBR wvo POLICY POUCY EFF (MMIDDIYYYYI POLICYEXP (MM/DDIYVYY) LIMITS A X COMMERCIAL GENERAL LABILITY Y CPO 6947520-00 01/01/2020 01/01/2021 EACH OCCURRENCE. S 1,000.000 ACLAIMS-MADE PREMISESOc (Ea ocurrence) S 100,000 E OCCUR 'MED EXP (Any one person) $ Excluded PERSONAL &ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GENLAGGREGATE UMITAPPUES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE — X LABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY CPO 6947520-00 01/01/2020 01/01/2021 COMBINED SINGLE LIMIT !Ea eccJdenl) $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (PeraWdontl $ $ B X UMBRELLA UAB ' EXCESS UAB OCCUR CLAIMS -MADE 0312-0608-655794 01/01/2020 01/01/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENTION $ 0 C WORKERS COMPENSATION AND EMPLOYERS'UABIUTY Y/N ANYETORIPARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A AVV(:1142908 01/01/2020 01/01/2021 X PE TUTE ER OTH- E.LEACHACCIDENT $ $1,000,000 E.L DISEASE -EAEMPLOYEE $ $1,000,OOD E.L DISEASE- POLICY LIMIT S $1,000,000 A Liquor Liability CPO 6947520-00 D1/01/2020 01/01/2021 Each Common Cause Aggregate Limit 1,000,000 1,060,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requlrod) 1-1 2003 North Miami Ave., Miami FL 33127/ 2-1 2035 North Miami Avenue, Miami, FL. (Lot) The City of Miami & OMNI CRA is an additional insured on a primary and noncontributory basis with respects to General Liability when required by written contract or written agreement. ' CERTIFICATE HOLDER CANCELLATION OMNI CRA 444 SW 2nd Avenue Miami FL 33132 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 26 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD