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HomeMy WebLinkAbout19203 Exhibit BGRANT AGREEMENT BETWEEN SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND SIXTH STREET MIAMI PARTNERS LLC This GRANT FUNDING AGREEMENT (This "Agreement") is entered into this day of , 2026 by and between the Southeast Overtown/Park West Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("SEOPW CRA"), with principal address at 819 N.W. 2nd Avenue, 3rd Floor, Miami, Florida 33136, and Sixth Street Miami Pal tilers LLC, a Foreign Limited Liability Company authorized to conduct business in the State of Florida, with principal address at 2200 Biscayne Boulevard, Miami, Florida 33137 ("RECIPIENT"). The SEOPW CRA and the RECIPIENT may each be referred to as a "Party" and may collectively be referred to as the "Parties." RECITALS WHEREAS, on April , 2026, pursuant to Resolution No. CRA-R-26- , attached and incorporated herein as Exhibit "A," the SEOPW CRA allocated Three Million Five Hundred Thousand Dollars ($3,500,000.00) ("Funds") to RECIPIENT which includes full interior Class A buildout of a convention center on the 7th Floor of the Gale Miami Hotel and Residences, consisting of approximately 42,000 square feet of space, of the property located at 159 N.E. 6th Street, Miami, Florida 33132 ("Property"); and WHEREAS, the SEOPW CRA agrees to enter into this Agreement with the RECIPIENT to set forth the terms and conditions relating to the use of the Funds by the RECIPIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. Page 1 of 31 2. TERM: The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the SEOPW CRA from the Effective Date. The Effective Date shall be the date the Clerk of the SEOPW CRA Board executes this Agreement. If necessary, RECIPIENT may submit a written request for an extension to the Executive Director for up to Twenty -Four (24) additional months, which the Executive Director may grant or deny in his or her sole and absolute discretion. 3. GRANT OF FUNDS: Subject to the terms and conditions set forth herein and RECIPIENT'S compliance with all of its obligations hereunder, the SEOPW CRA hereby agrees to make available to the RECIPIENT the Funds to be used for the purpose(s), full interior Class A buildout of a convention center , and activity(ies) (as defined in Exhibit "B," attached and incorporated), and as disbursed in the manner hereinafter provided. 4. USE OF FUNDS: The Funds shall be used by the RECIPIENT as described in the Scope of Work and Proposed Budget, attached and incorporated herein as Exhibit "B." 5. DISBURSEMENT OF FUNDS: A. The SEOPW CRA shall allocate Funds to the RECIPIENT in the total amount not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00) ("Funds"). Payment shall be made on a reimbursement basis, or directly to Recipient, in accordance with the schedule as set forth in Exhibit "C," attached and incorporated, and submission of a Request for Payment Form, attached and incorporated as Exhibit "D. B. The RECIPIENT shall provide the SEOPW CRA an Open Permit and Closed Permit and Release of Lien, for the activities described in the Scope of Work, attached and incorporated as Exhibit "B." C. The RECIPIENT shall provide the SEOPW CRA with a Request for Payment Form, attached and incorporated as Exhibit "D," prior to any disbursement of funds by the SEOPW CRA. Prior to any disbursement of funds by the SEOPW CRA, the RECIPIENT will need to provide a valid and executed W-9 form and completed (ACH) Authorization Form, as applicable. The SEOPW CRA may reject a Request for Payment Form if it is completed or submitted incorrectly or without appropriate supporting documentation. D. RECIPIENT shall not be entitled, nor shall they be able to claim any right to any Page 2 of 31 remaining, unused, or unspent Funds at the time of the termination, expiration, or cancellation of this Agreement and any extensions thereto. Upon termination, expiration, or cancellation of this Agreement and any extensions thereto, the SEOPW CRA shall pay to RECIPIENT compensation for any pending invoices which have been submitted to the SEOPW CRA prior to the effective date of termination or expiration of this Agreement, and any extensions thereto. 6. COMPLIANCE WITH POLICIES AND PROCEDURES: RECIPIENT understands that the use of the Funds is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities being funded for the Scope of Work. RECIPIENT covenants and agrees to comply with such requirements and represents and warrants to the SEOPW CRA that the Funds shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting of the foregoing, RECIPIENT represents and warrants that it will comply with, and the Funds will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. 7. 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, Florida, as amended ("City Code"), are deemed as being incorporated by reference herein and additionally apply to this Agreement. The SEOPW CRA shall have the right to conduct audits of RECIPIENT'S records pertaining to the Funds and that reasonable times, and for a period of up to three (3) years following the termination of this Agreement, audit, or cause to be audited, those books and records of the RECIPIENT which are related to RECIPIENT'S performance under this Agreement. RECIPIENT agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. The SEOPW CRA may also, and the RECIPIENT shall permit, the SEOPW CRA and other persons duly authorized by the SEOPW CRA to inspect all Agreement records, facilities, goods, and activities of the RECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the RECIPIENT as requested by the SEOPW CRA. At the request of the SEOPW CRA, the RECIPIENT shall transmit to the SEOPW CRA written statements of the RECIPIENT's official policies on specified issues relating to the Page 3 of 31 RECIPIENT's activities. RECIPIENT understands, acknowledges, and agrees that: a) The SEOPW CRA must meet certain record keeping and reporting requirements with regard to the Funds and that in order to enable the SEOPW CRA to comply with its record keeping and reporting requirements, RECIPIENT shall maintain all records as required by the SEOPW CRA; and b) At the SEOPW CRA's request, and no later than thirty (30) calendar days thereafter, RECIPIENT shall deliver to the SEOPW CRA such reports and written statements relating to the use of the Funds as the SEOPW CRA may require from time to time; and c) All costs and expenses of the activities described in the attached and incorporated Exhibit "B" shall be at actual cost with no markups; and d) RECIPIENT'S failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the SEOPW CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA and the immediate reimbursement to the SEOPW CRA of any and all funds or amounts disbursed pursuant to this Agreement. RECIPIENT represents and warrants to the SEOPW CRA that: (i) RECIPIENT and all of RECIPIENT'S contractors possesses all qualifications, licenses and expertise required for the performance of the Scope of Work; (ii) it is not delinquent in the payment of any sums due to the SEOPW CRA, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the SEOPW CRA; and (iii) all personnel, agents, and contractors assigned to perform the Scope of Work are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned. 8. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS: RECIPIENT understands that agreements between private entities and local governments are subject to certain laws, codes, rules and regulations, including, without limitation, laws pertaining to public records, conflict of interest, record keeping, etc. The Parties agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 9. INDEMNIFICATION: To the maximum extent permitted by law, each party shall Page 4 of 31 indemnify, defend, and hold harmless the other party and its officials, officers, employees, and agents from and against third -party claims to the extent caused by the indemnifying party's negligence or willful misconduct in connection with this Agreement. This Section shall be construed in accordance with, and limited by, §725.06, Fla. Stat., as applicable to construction -related contracts. In no event shall either party be liable for consequential, incidental, special, or punitive damages. 10. REVERSION OF ASSETS: Upon the expiration, termination, or cancellation of this Agreement and any extensions thereto, any unspent Grant funds shall immediately revert to the possession and ownership of the SEOPW CRA and RECIPIENT shall immediately transfer to the SEOPW CRA all unused Grant funds at the time of such expiration, termination, or cancellation. 11. DEFAULT: Notwithstanding anything in this Agreement to the contrary, the SEOPW CRA shall not declare a default unless it first provides RECIPIENT with written notice describing the alleged default, after which RECIPIENT shall have ten (10) Business Days to cure any monetary default and thirty (30) calendar days to cure any non -monetary default, with such thirty -day period automatically extended for up to an additional sixty (60) calendar days (not to exceed ninety (90) days in the aggregate) if RECIPIENT commences cure within the initial period and diligently prosecutes the cure to completion; further, RECIPIENT shall not be required to repay, refund, or return any Grant Funds that were properly expended on eligible costs in accordance with the approved Scope of Work and Budget prior to the expiration of the applicable cure period. Upon the occurrence of any uncured default (other than a default relating solely to Community Benefits under Section 15 or Exhibit "G"), the SEOPW CRA's remedies shall be strictly limited to withholding future, undisbursed Grant Funds and/or terminating this Agreement on a prospective basis only, provided that the SEOPW CRA shall remain obligated to pay Recipient for all eligible costs properly incurred and documented prior to the effective date of termination; and with respect to any alleged default relating to Community Benefits, the SEOPW CRA's sole and exclusive remedy shall be specific performance, and the SEOPW CRA shall have no right to impose monetary penalties, offset or reduce previously disbursed funds, or require repayment or recapture of any Grant Funds properly expended on eligible costs already approved. 12. SEOPW CRA'S TERMINATION RIGHTS: The SEOPW CRA shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to RECIPIENT at least thirty (30) business days prior to the effective date of such termination. In Page 5 of 31 such event, the SEOPW CRA shall pay RECIPIENT compensation for any pending invoices which have been submitted to the SEOPW CRA prior to the effective date of termination. In no event shall the SEOPW CRA be liable to RECIPIENT for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 13. REMEDIES FOR NONCOMPLIANCE: In the event of noncompliance or a notice of termination is issued for this Agreement, it shall be in writing to the RECIPIENT, who shall be paid for those costs during construction prior to the date of its receipt to the notice of termination. In no case, however, shall the SEOPW CRA pay the RECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the SEOPW CRA and the RECIPIENT that any payment made in accordance with this Agreement to the RECIPIENT shall be made only if the RECIPIENT is not in default under the terms of this Agreement. If the RECIPIENT is in default, the SEOPW CRA shall not be obligated and shall not pay to the RECIPIENT any sum whatsoever. If the RECIPIENT fails to comply with any term of this Agreement, the SEOPW CRA may take one or more of the following courses of action: (1) Temporarily withhold cash payments pending correction of the deficiency by the RECIPIENT; (2) Disallow (that is, deny both the use of funds) for all or part of the cost of the activity or action not in compliance; (3) Wholly or partially suspend or terminate the current Funds awarded to the RECIPIENT; or (4) Seek specific performance as to any of the community benefits initiative. 14. MARKETING: RECIPIENT shall consult with the Executive Director, or his or her designee, regarding all uses and displays of the recognition of the SEOPW CRA. The SEOPW CRA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. While work on the Property is underway, and after completion the RECEIPIENT shall provide signage recognizing the contributions of the SEOPW CRA to the buildout and construction of a portion of the Property. 15. COMMUNITY BENEFITS: As a condition of receiving the Funds, the RECIPIENT Page 6 of 31 agrees to provide defined community benefits that directly support economic development, workforce advancement, local hiring, and community engagement goals within the SEOPW CRA. Community Benefits" means, collectively, all community benefit obligations described in Section 15 of this Agreement, including, without limitation: (i) The obligation to host, sponsor, or facilitate at least ten (10) Community Events each Annual Fiscal Year; (ii) The Vendor Participation obligations favoring Local Vendors; (iii)The Annual Christmas Giving obligations; (iv) The Local Hiring obligations during both the construction and operations phases of the Project; and (v) The Workforce Development Program Participation obligations in collaboration with Transition Inc. and/or Circle of Brotherhood as more particularly described in Exhibit "G" in the Community Benefits Requirements and Plan. 16. INSURANCE: The required Insurance, as approved by the SEOPW CRA, shall be provided by the RECIPIENT and all such proof shall be attached and incorporated as Exhibit "F" to this Agreement. Those entities/individuals required to be listed as additional insured by the shall be included on all insurance certificates and furnished by the RECIPIENT. RECIPIENT shall, at all times during the term hereof, maintain insurance coverage in accordance with Exhibit "F," attached and incorporated by this reference. All such insurance, including renewals, shall be subject to the approval of the SEOPW CRA for adequacy of protection and evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract. Recipient shall require its contractors to comply with the insurance requirements applicable under this section. Execution of this Agreement is contingent upon the receipt and approval by the SEOPW CRA of proper insurance documents from the RECIPIENT. 17. NONDISCRIMINATION: RECIPIENT represents and warrants to the SEOPW CRA that RECIPIENT does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with RECIPIENT's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. RECIPIENT further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 18. ASSIGNMENT: This Agreement shall not be assigned by RECIPIENT except as stated Page 7 of 31 herein, in whole or in part, without the prior written consent of the SEOPW CRA, which may not be withheld or conditioned, or unreasonably delayed in the SEOPW CRA's. Recipient may collaterally assign its rights to receive grant proceeds and related rights to any construction or permanent lender without SEOPW CRA's consent. The SEOPW CRA shall execute commercially reasonable estoppels, consents, and notices of default to such lender, affording lender the right (but not the obligation) to cure RECIPIENT defaults within the applicable cure periods." 19. CERTIFICATIONS REGARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS: RECIPIENT certifies to the best of its knowledge and belief that it and its principals and contractors: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local agency; and b) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A," as applicable, been convicted of or had a civil judgement rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; and c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 16.b of this certification; and d) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A," as applicable, had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the SEOPW CRA and the SEOPW CRA shall have the right to, in the SEOPW CRA's sole discretion, to not enter into or terminate this Agreement. 20. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt Page 8 of 31 requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. RECIPIENT Sixth Street Miami Partners LLC. 159 NE 6th Street Miami, Florida 33132 Attn: Jefferson Brackin, Authorized Representative With copies to: SEOPW CRA SEOPW CRA Redevelopment District Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, Florida 33136 Attn: James D. McQueen, Executive Director With copies to: 21. PUBLIC RECORDS: Pursuant to the provisions of Section 119.0701. Florida Statutes, RECIPIENT must comply with the Florida public records laws, specifically the RECIPIENT 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 of the Florida Statutes 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 SEOPW CRA all public records in possession of the RECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or Page 9 of 31 confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the SEOPW CRA in a format that is compatible with the information technology systems of the SEOPW CRA. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-679-6801 AND AT 819 N.W. 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33136. 22. CONFLICT OF INTEREST: RECIPIENT has received copies of, and/or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by RECIPIENT. RECIPIENT covenants, represents and warrants that it will comply with all such conflict of interest provisions including, but not limited to: (a) the Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. 23. GOVERNING LAW, VENUE, AND FEES: This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in all proceedings shall be in a court of competent jurisdiction in Miami -Dade County, Florida and the Parties explicitly agree to the use of this venue. The term "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The Parties both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the Parties arising out of the Agreement, each party shall bear its own attorney's fees. 24. WAIVER OF JURY TRIAL: NEITHER THE RECIPIENT, NOR ANY ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF THE RECIPIENT, NOR ANY OTHER PERSON OR ENTITY, SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON OR ARISING OUT OF ANY OF THE AGREEMENT AND/OR ANY MODIFICATIONS, OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES, OR ANY OF THEM. NEITHER THE RECIPIENT, NOR ANY OTHER PERSON OR ENTITY WILL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION. THE Page 10 of 31 PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO, AND THE PROVISIONS HEREOF SHALL BE SUBJECT TO NO EXCEPTIONS. NO PARTY TO THIS AGREEMENT HAS IN ANY MANNER AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. 25. MISCELLANEOUS PROVISIONS: A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. 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. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall control. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the SEOPW CRA, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 26. NON-DELEGABILITY: The obligations undertaken by the RECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, without the SEOPW CRA's prior written consent, which may be withheld in the SEOPW CRA's sole discretion. 27. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 28. INDEPENDENT CONTRACTOR: RECIPIENT, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors, and not agents or employees of the SEOPW CRA, and shall not attain any rights or benefits under the SEOPW CRA, or any Page 11 of 31 rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the SEOPW CRA. 29. 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. 30. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of allocated and available funds, reduction or discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30) calendar days' notice. 31. RECIPIENT CERTIFICATION: The RECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the RECIPIENT's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the RECIPIENT to act in connection with this Agreement and to provide such information as may be requested. The aforementioned authorization for the RECIPIENT is attached and incorporated as Exhibit"F." 32. AUTHORITY: Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each parry represents and warrants to the other that the execution and delivery of the Agreement and the performance of such parry's obligations and the certifications hereunder have been duly authorized and that the Agreement is valid and legal agreement binding on such party and enforceable in accordance with its terms. 33. 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. 34. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and Page 12 of 31 entire agreement between the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 35. ACKNOWLEDGEMENT: The Parties expressly acknowledge that each has read and understand each and every provision in this Agreement and have had the opportunity to seek the advice and representation of independent counsel. Furthermore, the Parties expressly acknowledge that this Agreement is entered into in good faith and was not obtained by fraud, misrepresentation, or deceit. 36. COUNTERPARTS AND ELECTRONIC SIGNATURES: This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 37. ANTI -HUMAN TRAFFICKING AFFIDAVIT: RECIPIENT confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. RECIPIENT shall execute and submit to the SEOPW CRA an Affidavit in compliance with Section 787.06(13), Florida Statutes, attached and incorporated hereto as Attachment "A." If RECIPIENT fails to comply with the terms of this Section, the SEOPW CRA may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the SEOPW CRA be liable to RECIPIENT for any consequential or incidental damages. [Page intentionally left blank; Signature page to follow] Page 13 of 31 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the Effective Date. "SEOPW CRA" SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes By: James D. McQueen Executive Director APPROVED AS TO LEGAL SUFFICIENCY: By: Vincent T. Brown, Esq. Staff Counsel STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) SS: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 by James D. McQueen, Executive Director of the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate, created pursuant to Section 163.356, Florida Statutes, and such individual is ❑ personally known to me or ❑ has produced as identification. Notary Public, State of Print Name: Title: Commission No. (If any) My Commission Expires: Page 14 of 31 " RECIPIENT" SIXTH STREET MIAMI PARTNERS LLC, a Foreign Limited Liability Company authorized to conduct business in the State of Florida By: Jefferson Brackin Authorized Representative ATTEST: By: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) SS: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 by Jefferson Brackin, Authorized Representative of SIXTH STREET MIAMI PARTNERS LLC, a Foreign Limited Liability Company authorized to conduct business in the State of Florida, and such individual is ❑ personally known to me or ❑ has produced as identification. Notary Public, State of Print Name: Title: Commission No. (If any) My Commission Expires: Page 15 of 31 EXHIBIT A RESOLUTION CRA-R-26- Page 16 of 31 EXHIBIT B SCOPE OF WORK AND BUDGET Page 17 of 31 EXHIBIT C A. The grant funding under this Agreement shall be $3,500,000.00. B. All payments shall be for construction buildout provided only during the term of this Agreement and in compliance with the previously approved Scope of Work and Budget (Exhibit B). C. Requests for payment should be made should be submitted to the SEOPW CRA in no more than two requests. RECIPIENT may enroll in Direct Payment with the SEOPW CRA. The SEOPW CRA can provide additional information for the RECIPIENT to enroll in Direct Payment. D. Each written request for payment shall contain a statement declaring and affirming that the project was completed in accordance with the approved Scope of Work and Budget. All documentation in support of each request shall be subject to review and approval by the SEOPW CRA at the time the request is made. E. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. F. The RECIPIENT must submit the final request for payment to the SEOPW CRA. G. Any payment due under this Agreement may be withheld pending the receipt and approval by the SEOPW CRA of all reports due from the RECIPIENT as a part of this Agreement and any modifications thereto. H. During the term hereof and for a period of three (3) years following the date of the last payment made hereunder, the SEOPW CRA shall have the right to review and audit the time records and related records of the RECIPIENT pertaining to any payments by the SEOPW CRA. Page 18 of 31 Date: EXHIBIT D REQUEST FOR PAYMENT FORM Send to: SEOPW CRA Redevelopment District Community Redevelopment Agency 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Attn: James D. McQueen, Executive Director Program/Project Title: Convention Center Hotel Buildout Recipient's Name: Sixth Street Miami Partners LLC Recipient's Address: 159 N.E. 6th St Miami, Florida 33136 I hereby request payment in the amount of $ the Activity/Services provide below. Invoice Number: for expenses incurred in relation to Recipient Description Amount TOTAL: $ I certify that the Project Construction and buildout was completed in accordance to the approved Project and any mutual amendments thereto as described in the Grant Agreement and that expenses were incurred in the provision of said Activity/Service. Authorized Representative Type Name Signature Date Title Page 19 of 31 *Payment shall be made within forty-five (45) calendar days after receipt of Recipient's proper invoice, as that term is defined by the Local Government Prompt Payment Act, Section 218.70, et. seq., Florida Statutes, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should SEOPW CRA require one to be performed. Page 20 of 31 EXHIBIT E RECIPIENT'S CORPORATE RESOLUTION Page 21 of 31 EXHIBIT F INSURANCE REQUIREMENTS Page 22 of 31 INSURANCE REQUIREMENTS RECIPIENT SIXTH STREET MIAMI PARTNERS LLC Page 23 of 31 INSURANCE REQUIREMENTS CONSTRUCTION REQUIREMENTS SIXTH STREET MIAMI PARTNERS LLC Page 24 of 31 EXHIBIT G COMMUNITY BENEFITS REQUIREMENT AND PLAN This Community Benefits Plan (this "Community Benefits Plan") is entered into this day of , 2026 by and between the Southeast Overtown/Park West Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("SEOPW CRA"), with principal address at 819 N.W. 2nd Avenue, 3rd Floor, Miami, Florida 33136, and Sixth Street Miami Partners LLC, a Foreign Limited Liability Company authorized to conduct business in the State of Florida, with principal address at 2200 Biscayne Boulevard, Miami, Florida 33137 ("Recipient"). The SEOPW CRA and the Recipient may each be referred to as a "Party" and may collectively be referred to as the "Parties." As a condition of receiving the Funds, and in furtherance of the SEOPW CRA's public purpose, the Recipient agrees to comply with the following community benefits obligations, which collectively constitute the "Community Benefits" required under this Agreement. Unless otherwise specifically defined herein, all capitalized terms in this Community Benefits Plan will have the same meaning as provided in the Grant Funding Agreement outlining the Recipient Terms ("Grant Agreement"). For the avoidance of doubt, Business Days shall mean Monday through Friday, excluding legal holidays in the SEOPW CRA, Florida. Unless otherwise identified as Business Days, any reference to days shall refer to calendar days. 1. Purpose. Pursuant to the Grant Agreement, Recipient is required to provide certain community benefits, including the community benefits listed in Section 15 of the Grant Agreement. This Community Benefits Plan establishes the community benefits, including the scope required to be provided by Recipient. For the avoidance of doubt, (A) any obligations of Recipient contained in this Community Benefits Plan that are also contained elsewhere in any Grant Agreement shall be required to be satisfied only once, and (B) Recipient shall not be required to provide any of the community benefits required by this Community Benefits Plan prior to the Funds disbursement. 2. Defined Community Benefits. Recipient will provide the following community benefits, as set forth in Section 15 of the Agreement, having a total value of $ (a) SEOPW CRA use of Convention Center Spaces: Recipient will make available to the SEOPW CRA at no charge the use of a portion of the Event Space (as outlined in Exhibit ) for up to 10 SEOPW CRA Use Blocks (as defined below) per fiscal year on the following terms and conditions: (i) Recipient shall not be required to make available to the SEOPW CRA any portion of the building not included in the building in Page 25 of 31 excess of the portion outlined in Exhibit to host the lesser of (A) persons and (B) the number of anticipated attendees identified by the SEOPW CRA in the notice required by paragraph (iv), below; (ii) The right to use is specific to the SEOPW CRA, may only be used for non -revenue generating municipal purposes, and may not be assigned or transferred to any other party; (iii) The right to use is subject to availability of the space on the date and time period requested by the SEOPW CRA; (iv) The SEOPW CRA must give Recipient not less than sixty (60) days' and not more than one hundred eighty (180) days' prior written notice of its desire to use the Event Space, which notice must specify the requested date, time, and length of meeting, and the use, number of people to use the space, and any ancillary services that are requested (e.g., food and beverage or audio/visual support, collectively, the "Ancillary Services"); (v) No Ancillary Services may be utilized by the SEOPW CRA in connection with its use of the Event Space, except for those Ancillary Services timely requested by the SEOPW CRA; (vi) Recipient reserves the right to select the location of the Event Space to be made available in connection with each such SEOPW CRA request; (vii) Recipient reserves the right to identify up to thirty (30) days each Fiscal Year for which no use or only limited use by the SEOPW CRA is permitted, and Recipient may change such dates only upon notice to the SEOPW CRA; (viii) The SEOPW CRA is responsible for the cost and expense of any Ancillary Services and parking provided in connection with its use of the Event Space, provided, however, that the SEOPW CRA will be entitled to a ten percent (10%) discount from the generally applicable rates for Ancillary Services and parking; and (ix) The SEOPW CRA must comply with the generally applicable rules and regulations established by Recipient from time to time in connection with the use of Event Space. For purposes hereof, the term "SEOPW CRA Use Blocks" means periods of time not to exceed twelve (12) hours on any calendar day. (b) Re -Entry Program: Recipient will coordinate with existing not -for -profits (including, but not limited to, an initial outreach to Transition, Inc. and Circle of Brotherhood, Inc.) to develop and implement a staffing plan for the employment of returning citizens (i.e., formerly incarcerated individuals) as part of the construction workforce for the Convention Center Project without materially impacting the cost, timeline, or risks associated with the development of the Project. (c) Annual Holiday Giving Program Obligation: Each Fiscal Year during the Term, Recipient shall support a holiday giving initiative benefiting residents of the Community Redevelopment Area (the "Holiday Giving Program") by providing either Page 26 of 31 (A) a monetary contribution of $ to the SEOPW CRA for deposit into a segregated account and use solely for the Holiday Giving Program, or (B) in -kind donations of new toys, food, clothing, gift cards, or similar items having an aggregate fair market value of. The Holiday Giving Program shall be planned and administered by the SEOPW CRA to serve a broad public purpose within the Community Redevelopment Area. All contributions under this Section shall be documented and included in the Recipient's annual report submitted pursuant to Section 4 of this Community Benefits Plan. The Parties acknowledge and agree that any contributions made pursuant to this Section shall count toward the total value of Community Benefits required under this Community Benefits Plan. (d) Workforce Development Program: Recipient shall, each Fiscal Year during the Term, participate in and support a workforce development initiative designed to expand employment opportunities for residents of the Community Redevelopment Area (the "Workforce Development Program"). Recipient shall collaborate with local workforce agencies, educational institutions, job training organizations, and community -based partners to identify, train, and recruit individuals for construction related and operations related employment associated with the Project. Recipient shall use commercially reasonable efforts to promote job opportunities to SEOPW CRA residents, including publicizing available positions, participating in job fairs, providing information regarding required skills and certifications, and supporting access to training or apprenticeship pathways necessary for employment. Priority shall be given, to the extent feasible, to SEOPW CRA residents who are unemployed or underemployed at the time of application. Recipient shall provide the SEOPW CRA with an annual Workforce Development Report by October 1 of each Fiscal Year, detailing: (i) job postings issued; (ii) outreach and recruitment activities conducted; (iii) SEOPW CRA residents hired; (iv) unemployed or underemployed residents placed into jobs; (v) training, apprenticeship, or certification programs supported; and (vi) progress toward meeting the Workforce Development Program objectives. All efforts under this Section shall be credited toward the total value of Community Benefits under this Community Benefits Plan. (e) Local Vendor Participation requirement: Recipient shall, each Fiscal Year during the Term, implement a vendor participation program designed to expand contracting opportunities for small, disadvantaged, and locally based businesses within the Community Redevelopment Area (the "Vendor Participation Program"). Recipient shall annually solicit and engage qualified vendors for goods and services related to the Project and shall use commercially reasonable efforts to ensure that no less than [ ]% of all eligible procurement expenditures for such Fiscal Year are awarded to small or disadvantaged vendors located within the Community Redevelopment Area, and if unavailable, then within the City of Miami. Recipient shall provide the SEOPW CRA with an annual report by October 1 of each Fiscal Year, detailing: (i) procurements issued, (ii) vendors solicited, (iii) vendors selected, (iv) amounts awarded, and (v) compliance with the required participation goal. All efforts under this Section shall be credited toward the total value of Community Benefits under this Community Benefits Plan. (f) Local Labor Workforce Requirement/Local Hiring Obligation: Page 27 of 31 Recipient shall use commercially reasonable efforts to hire, or cause its contractors and subcontractors to hire, qualified residents of the Community Redevelopment Area ("SEOPW CRA Residents") for construction related and operations related positions associated with the Project. Priority shall be given, to the extent feasible, to SEOPW CRA residents who are unemployed or underemployed at the time of application. Recipient shall collaborate with local workforce agencies, job training organizations, and community - based partners to identify eligible SEOPW CRA residents, promote available job opportunities, and facilitate training, certification, or apprenticeship pathways needed for participation in the Project's labor workforce. Recipient shall provide the SEOPW CRA with an annual Local Labor Workforce Report by October 1 of each Fiscal Year, which shall include: (i) positions filled by SEOPW CRA residents, (ii) identification of unemployed or underemployed SEOPW CRA residents hired, (iii) workforce outreach activities, and (iv) efforts undertaken to meet this requirement. All efforts under this section shall be credited toward the total value of Community Benefits under this Community Benefits Plan. (g) Wage Requirements: Recipient, and all contractors and subcontractors performing work in connection with the Project, shall comply with the wage and benefit requirements set forth in Section §2-8.9 of the Code of Miami -Dade County, Florida (the "Code"), including the obligation to pay no less than the County's required Living Wage to all covered employees, or higher wages and benefits where feasible. Recipient shall ensure that all covered employees performing services related to the Project are paid at or above the Living Wage rates established and published by Miami -Dade County for the applicable fiscal year. Recipient shall maintain sufficient payroll and compliance documentation to demonstrate adherence to these wage requirements and shall make such records available to the SEOPW CRA upon request. Compliance under this Section shall be included in Recipient's annual report and credited toward the total Community Benefits obligations under this Community Benefits Plan. 3. Monitoring. Commencing 90 days after the Commencement Date and continuing until Recipient has satisfied all of its obligations under this Community Benefits Plan, Recipient will provide the Executive Director with an annual written report setting forth Recipient's progress toward satisfying its obligations under this Community Benefits Plan. 4. Release of Obligations. Upon expiration and sunset of the SEOPW CRA in 2042, satisfaction of any of Recipient's obligations under this Community Benefits Plan, Recipient will have no further obligation to comply with, and will be automatically released from, such obligation and at the request of Recipient, the Executive Director will execute and deliver to Recipient recordable instrument reflecting that Recipient is released from such obligation in form and substance reasonably acceptable to Recipient. Within twenty (20) Business Days after Recipient's written request of Recipient or any sublessee or lender, the Executive Director shall be required to execute an estoppel in form and substance reasonably acceptable to the Executive Director and to Recipient (or sublessee or lender, as applicable) setting forth the status of Recipient's compliance with such ongoing obligations. Page 28 of 31 5. Assignment. Recipient, in its sole and absolute discretion, may assign (a) all its obligations under this Community Benefits Plan in connection with Recipient's assignment of all of its rights under the Agreement, or (b) any portion of its obligations under this Community Benefits Plan related to a specific component of the Project in connection with Recipient's assignment of its rights under the Agreement to a lessee of such component of the Project through a bifurcated agreement, in each case, upon written notice given to the Executive Director. Any such notice of assignment shall indicate: (i) the name of the assignee and the assignee's contact information, (ii) the portion of Recipient's obligations under this Community Benefits Plan being assigned, and (iii) any other terms or provisions applicable thereto and mutually agreed to as between Recipient and the assignee. Upon the assignment of all Recipient's obligations under this Community Benefits Plan, the assignee will be solely responsible for satisfying such obligations and Recipient. 6. Amendments. Upon mutual agreement by the Parties, the Executive Director, in his or her reasonable discretion, may approve amendments to this Community Benefits Plan. [SIGNATURES TO FOLLOW] Page 29 of 31 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the Effective Date. "SEOPW CRA" SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes By: James D. McQueen Executive Director APPROVED AS TO LEGAL SUFFICIENCY: By: Vincent T. Brown, Esq. Staff Counsel STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) SS: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 by James D. McQueen, Executive Director of the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate, created pursuant to Section 163.356, Florida Statutes, and such individual is ❑ personally known to me or ❑ has produced as identification. Notary Public, State of Print Name: Title: Commission No. (If any) My Commission Expires: Page 30 of 31 " RECIPIENT" SIXTH STREET MIAMI PARTNERS LLC, a Foreign Limited Liability Company authorized to conduct business in the State of Florida By: Jefferson Brackin Authorized Representative ATTEST: By: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) SS: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 by Jefferson Brackin, Authorized Representative of SIXTH STREET MIAMI PARTNERS LLC, a Foreign Limited Liability Company authorized to conduct business in the State of Florida, and such individual is ❑ personally known to me or ❑ has produced as identification. Notary Public, State of Print Name: Title: Commission No. (If any) My Commission Expires: Page 31 of 31 ATTACHMENT A - ANTI -HUMAN TRAFFICKING AFFIDAVIT The undersigned affirms, certifies, attests, and stipulates as follows: 1. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). 2. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the SEOPW CRA or one of its agencies, authorities, boards, trusts, or other SEOPW CRA entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." 3. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a) I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct; and b) I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity/Individual: Name: Signature: Office Address: Title: Email Address: Main Phone Number: CERTIFICATE OF AUTHORITY (IF CORPORATION — INC. — OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation/LLC organized and existing under the laws of the State of , held on the _ day of , 20 , a resolution was duly passed and adopted, authorizing (Name) as (Title) of the corporation/LLC to execute agreements on behalf of the corporation/LLC and providing that their execution thereof, attested by the secretary of the corporation/LLC, shall be the official act and deed of the corporation/LLC. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 20 . Secretary: Print: NOTARIZATION STATE OF ) ) SS: COUNTY OF ) THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this day of , 20 , by as , on behalf of said entity, who is ( ) personally known to me or ( ) has produced the following identification SIGNATURE OF NOTARY PUBLIC, STATE OF COMMISSION EXPIRES ON COMMISSION NO. (IF ANY) NAME AND TITLE OF NOTARY PUBLIC (PRINTED, STAMPED OR TYPED) CERTIFICATE OF AUTHORITY (IF LIMITED PARTNERSHIP — L.P.) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of duly passed and (Title) provides that their execution partnership. , held on the day of , 20 , a resolution was adopted, authorizing (Name) as of the partnership to execute agreements on behalf of the partnership and thereof, attested by a partner, shall be the official act and deed of the I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 . Names and addresses of bartners: Name Street Address City State Zip NOTARIZATION STATE OF ) ) SS: COUNTY OF ) THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this day of , 20 , by as , on behalf of said entity, who is ( ) personally known to me or ( ) has produced the following identification SIGNATURE OF NOTARY PUBLIC, STATE OF COMMISSION EXPIRES ON COMMISSION NO. (IF ANY) NAME AND TITLE OF NOTARY PUBLIC CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). NOTARIZATION STATE OF ) ) SS: COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this day of , 20 , by as , on behalf of said entity, who is ( ) personally known to me or ( ) has produced the following identification SIGNATURE OF NOTARY PUBLIC, STATE OF COMMISSION EXPIRES ON COMMISSION NO. (IF ANY) NAME AND TITLE OF NOTARY PUBLIC CERTIFICATE OF AUTHORITY (IF INDIVIDUAL OR SOLE MEMBER LLC) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 . Signed: Print: NOTARIZATION STATE OF ) ) SS: COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this day of , 20 , by as , on behalf of said entity, who is ( ) personally known to me or ( ) has produced the following identification SIGNATURE OF NOTARY PUBLIC, STATE OF COMMISSION EXPIRES ON COMMISSION NO. (IF ANY) NAME AND TITLE OF NOTARY PUBLIC