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Home My WebLink About23405AGREEMENT INFORMATION AGREEMENT NUMBER 23405 NAME/TYPE OF AGREEMENT OMNI CRA & MORGAN'S 2829, INC. DESCRIPTION GRANT AGREEMENT/RELOCATION OF BUSINESS WITHIN THE BOUNDARIES OF THE CRA/FILE ID: 3484/CRA-R-18- 0027/MATTER ID: 18-2582 EFFECTIVE DATE July 14, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/12/2021 DATE RECEIVED FROM ISSUING DEPT. 7/14/2021 NOTE 1 OMNI CRA Morgat's 2829; Inc. Grant Agreement GRANT AGREEMENT BY AND BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND MORGAN'S 2829, INC. THIS GRANT AGREEMENT is enteretlinto as of the aYtaaY Of , 2021 by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City Of MiaMi; a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, with a principal address at 1401 N Mianu Avenue, Miami, :Florida 33136 ("CRA"), and MORGAN'S 2829, INC., a :Florida for -profit Corporation with a principal address at 28 NE 29 Street, Mignii, Florida 33137 :('GRANTEE"). RECITALS. WHEREAS, GRANTEE submitted a grant proposal directly to the CRA requesting Four Hundred Thousand Dollars ($400,000.00) to underwrite the cost associated with the relocation their business within the boundaries of the CRA; and WHEREAS, on May 24, 2018, the Board of Commissioners of the CRA adopted Resolution No. CRA-R-18-0027, attached and incorporated herein as Exhibit "A" ("Authorizing Resolution"), awarded a Grant in the not to exceed amount of Four Hundred Thousand Dollars ($400,000.00) ("Grant") to the Grantee for the purposes of relocating the Grantee's business into the OMNI Redevelopment Area ("Area") and funding the rehabilitation and buildout of the property located at 130 NW 14 Street, Miami, Florida 33136 ("Property"); and WHEREAS, GRANTEE and the CRA wish to enter into this Agreement to set forth the terms and conditions relating to the use by Grantee of the Grant for the improvements to the Property as defined below; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: 1 DocumentNo. 1062010.2 OMNI CRA Morgan's 2829, Inc. Grant Agreetncnt THE GRANT 1. RECITALS. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement as if fully set forth in this Section. 2. GRANT. Subject to the terms and conditions set forth herein and GRANTEE's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the GRANTEE the Grant to be used for the purpose and Project (as defined below), and as disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant shall be used by GRANTEE as follows: to underwrite some of the costs to establish a restaurant business within the CRA's boundaries ("Project"), as described in Exhibit "13," attached and incorporated herein. 4. COMPLIANCE WITH POLICIES AND PROCEDURES. GRANTEE understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities funded by the Grant for the Project. GRANTEE covenants and agrees to comply with such requirements, and represents and warrants to the CRA that the Grant shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting of the foregoing, GRANTEE represents and warrants that it will comply with, and the Grant will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. 5. 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 ("City Code") are deemed as being incorporated by reference herein and additionally apply to this Agreernent. GRANTEE understands, acknowledges, and agrees that: (a) The CRA must meet certain record keeping and repotting requirements with regard to the Grant and that in order to enable the CRA to comply with its record keeping and reporting • requirements, GRANTEE shall maintain all records as required by the CRA; and • Document No. 10201.02 2 OMNI CRA Morgan's 2829, Inc. Grant Agreement (b) At the CRA's request, and no later than thirty (30) days thereafter, GRANTEE shall deliver to the CRA such reports and written statements relating to the use of the Grant as the CRA may require from time to time; and (c) All costs and expenses of the Project shall be at actual cost with no markups; and (d) The CRA shall have the right to conduct audits of GRANTEE's records pertaining to the Grant and to visit and to inspect the Project, in order to conduct its monitoring and evaluation activities, and that GRANTEE shall cooperate with the CRA in the performance of these activities; and (e) GRANTEE's failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA and the immediate reimbursement to the CRA of any and all funds or amounts disbursed pursuant to this Agreement. 6. REVERSION OF ASSETS. Upon the expiration, termination, or cancellation of the term of this Agreement, any unspent Grant funds shall immediately revert to the possession and ownership of the CRA and GRANTEE shall transfer to the CRA all unused Grant funds at the time of such expiration, termination, or cancellation. 7. INSURANCE REQUIREMENTS: Insurance Requirements for the Project are attached and incorporated as Exhibit "C". 8. DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this Agreement, and at the time of execution of this Agreement, the CRA shall make available to GRANTEE a total amount up to and not to exceed Four Hundred Thousand Dollars ($400,000.00) in Grant funds. Payments will be made and approved directly to contractors or as reimbursement upon presentation of such Project specific invoices, (a) which shall be accompanied by sufficient supporting documentation and contain sufficient details, to constitute a "Proper Invoice" as defined by Section 218.73 and 218.74, Florida Statutes, and (b) which are subject to verification by the CRA of acceptable work product for the Project. In no event shall payments to GRANTEE under this Grant Agreement exceed Four Hundred Thousand Dollars ($400,000.00), nor shall Grant funds -3 Document No. 1062010_7 OMNI CRA Morgan's 2829, Inc. Grant Agreement be used in any form inconsistent with the terms, conditions, obligations, and requirements contained herein. 9. PRIOR APPROVAL. Due to the total dollar amount of the Grant being made available to the GRANTEE and the value of the property improvements that shall inure to the benefit of the Property and the PROPERTY OWNER, the PROPERTY OWNER expressly agrees to not sell, assign, pledge, transfer, hypothecate, or dispose of the Property or any proprietary or beneficial interest in the Property once the first disbursement is made to the GRANTEE and for five (5) years after final disbursement is made to the GRANTEE. If within five (5) years the PROPERTY OWNER. wishes to sell, assign, pledge, transfer, hypothecate, or dispose of the Property or any proprietary or beneficial interest in the Property, the PROPERTY OWNER shall first obtain the CRA's written approval, which may be withheld by the CRA in its sole discretion, prior to undertaking such sale, assignment, pledge, transfer, hypothecation, or disposition of the Property or any proprietary or beneficial interest in the Property. If the CRA provides its written approval to the sale, assignment, pledge, transfer, hypothecation, or disposition of the Property or any proprietary or, beneficial interest in the Property, the PROPERTY OWNER shall reimburse the CRA the full amount of Grant funds disbursed to the GRANTEE. The PROPERTY OWNER'S express and •voluntary agreement and consent to the terms of this Section; any additional terms, and this Agreement is attached and incorporated as Exhibit "D" to this Agreement. The CRA shall, at its own cost, record Exhibit "D" in the public records of Miami -Dade County upon the approval and complete execution of this Agreement and any of its Exhibits. 10. TERM. The term of this Agreement shall commence on the date first above written and shall terminate upon fiill disbursement of either (a) Four Hundred Thousand Dollars ($400,000.00) Or (b) such lesser amount should the final completion of the Project not require the entire not to exceed amount of Four Hundred Thousand Dollars ($400,000.00) from the Grant; provided, however, that all rights of the CRA to audit or inspect, to require reversion of assets, require prior approval, to enforce representations, warranties and certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees, expenses, and costs shall survive the 4 Document No. 1062010 2 OMNI CRA Morgan's 2829, Ind. Grant Agreement expiration or earlier termination of this Agreement. 11. REMEDIES FOR NON-COMPLIANCE. If GRANTEE fails toperform any of its Obligations or covenants hereunder, or materially breaches any of the terms, conditions, obligations, or requirements contained herein, then the CRA shall have the right to take one or more of the fofloWing actions, irrespective of any additional remedies available to it in law and/or ecluitY: (a) Withhold cash payments, pending correction of the deficiency by GRANTEE; (b) Recover payments made to GRANTEE; (c) Disallow (that is, deny the use of the Grant for) all or any part of the cost for the activity or action for the Project not in compliance; (d) Withhold further awards for the Project; and (e) Take such other remedies that may be legally permitted. 12. NON-DISCRIMINATION. GRANTEE, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability in connection with its performance under this Agreement. Furthermore, GRANTEE represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national migin, age, marital status, sexual orientation, or disability be excluded from the participation in, be denied benefits of, or be sub j e cted to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 13. CONFLICT OF INTEREST. GRANTEE has received copies of, and/or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by GRANTEE. GRANTEE covenants, represents and warrants that it will comply with all such conflict of interest provisions: (a) Code of the City of Miami, Florida, Chapter 2, Article V; and 5 Document No. 1062010_2 OMNI CRA Morgan!s 2829, Inc: Grant Agreement (b). Miami -Dade County Code, Section 2-11.1. 14. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability offunds and continued authorization for Project activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 15. CERTIFICATIONS RELATING TO THE GRANT. GRANTEE certifies that: (a) All expenditures of the Grant shall be made only for the Project and in accordance with the provisions of this Agreement. (b) Reasonable accounting records for the Project shall be maintained by GRANTEE (c) The expenditures of the. Grant shall be properly documented and such documentation shall be maintained on file at the Project site. (d) Periodic progress reports shall be provided to the CRA as requested from time to time. (e) No expenditure of Grant funds shall be used for political activities. (f) GRANTEE shall be liable to the CRA for any amount of the Grant expended in a manner inconsistent with this Agreement. 16. MARKETING. (a) GRANTEE shall, consult with the CRA's Executive Director regarding all uses and displays of the recognition of the CRA. (b) GRANTEE shall prominently display signage acknowledging the CRA's Grant contribution to the Project at GRANTEE's primary place of business, and for a period of two (2) years after expiration of this Agreement. (c) GRANTEE shall produce, publish, advertise, disclose, or exhibit the CRA'sname and/or logo, in acknowledgement of the CRA's contribution to the Project, in all forms of media and communications created by GRANTEE in relation to this Agreement and/or the Project, for the 6 Document No: 1062010_2 OMNI CRA Morgan's 2829, Inc. Grant Agreement purpose of publication, promotion, illustration, advertising, trade or any other lawful purposes, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or postings, or interviews. (d) The CRA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. (e) GRANTEE further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in GRANTEE's use of the CRA's name and logo, confers or may be construed as conferring GRANTEE any right, title, or interest whatsoever in the CRA's name, identifying information, and logo beyond the limited right granted in this Agreement. 17. DEFAULT. If GRANTEE fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then GRANTEE shall be in default Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to GRANTEE while GRANTEE was in default shall be immediately returned to the CRA. GRANTEE understands and agrees that termination of this Agreement under this section shall not release GRANTEE from any obligations accruing prior to the effective date of tennination. 18. NO LIABILITY OF THE CRA OR THE CITY. None of the respective officers, employees, agents, representatives, or principals, whether disclosed or undisclosed, of the CRA and of the City of Miami ("City") shall have any personal liability with respect to any of the provisions of this Agreement Any liability of the CRA and of the City under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 19. SPECIFIC PERFORMANCE, In the event of breach of the Grant Agreement by the CRA, the GRANTEE may only seek specific performance of the Grant Agreement and any recovery shall be Ihnited to the actual amount of the Project costs not to exceed the amount of Grant funding authorized for the Project. In no event shall the CRA be liable to GRANTEE for any 7 Document No. 1062010_2 OMNI CRA Morgan's 2829, Inc. Grant Agreement additional compensation, other than that provided herein, or for any consequential or incidental damages. 20. INDEMNIFICATION OF THE CRA AND THE CITY. GRANTEE hereby agrees to indemnify, protect, save, defend, release, and hold harmless the CRA, the City and their respective officers, employees, agents, representatives, and principals from and against any and all claims, actions, damages, liability and expense (including fees, costs, and expenses of attorneys, investigators and experts) in connection with loss of life, personal injury, or damage to property arising out of the performance or non-performance of this Agreement and the Project, except to the extent such loss, injury or damage was caused by the gross negligence of the CRA, the City, or their respective officers, employees, agents, representatives, and principals. GRANTEE shall also require its contractors to indenmify, save, defend and hold harmless the CRA and the City, its respective officers, employees, agents, representatives and principals, and fiwther provide certificates of insurance as stipulated in Exhibit C. 21. DISPUTES. In the event of a dispute between the CRA and GRANTEE as to the terms and conditions of this Agreement, the Executive Director of the CRA and GRANTEE shall notify each in writing of the dispute and proceed in good faith to resolve the dispute within thirty (30) days of such written notice. If the dispute is not resolved within such thirty (30) days, the dispute shall be submitted to the CRA's Board of Commissioners ("Board") for resolution within ninety (90) days thereof, or such longer period as may be agreed to by the parties to this Agreement The Board's decision shall be deemed final and binding on the parties. 22. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe, or amplify the terms and provisions of this Agreement or the scope or intent thereof. 23. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correetly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and GRANTEE relating to this Agreement or the Grant and/or Project. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect This Agreement shall not be modified in any manner except by an instrument in writing executed by the authorized 8 Document No. 1062010 2 OMNI CRA Morgan's 2829, Inc. Grant Agreement representatives of the parties. The CRA's authorized representative is the Executive Director. GRANTEE' s authorized representative is Barclay Graebner in accordance with GRANTEE's corporate authorization of September 29 2020, attached and incorporated as Exhibit "E". 24. 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. 25. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. 26. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. 27. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing by the non -breaching party. 28. SEVERABILITY. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 29. NO THIRD -PARTY BENEFICIARY RIGHTS. No provision of this Agreement 9 Document No. 1062010 .2 OMNI CRA Morgan's 2829, Inc. Grant 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. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by the authorized representatives of both parties. 31. OWNERSHIP OF DOCUMENTS. Upon request by the CRA, all documents developed by GRANTEE pursuant to this Agreement shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. GRANTEE agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further undeistood by and between the parties that any document which is given by the CRA to GRANTEE pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by GRANTEE for any other purposes whatsoever, without the written consent of the CRA. 32. AWARD OF AGREEMENT. GRANTEE warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant 33. NON-DELEGABILITY. The obligations of GRANTEE under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. 34. CONSTRUCTION OF AGREEMENT, GOVERNING LAW, AND VENUE. This Agreement shall be construed and enforced in accordance with Florida law without regard to its conflicts of law provisions. In the event of litigation, controversies, or legal problems arising out of or as a result of this Agreement and/or the Project, shall be submitted to the jurisdiction of the State of Florida courts in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The venue shall be Miami -Dade County, Florida. Each party shall be responsible for its own attorney's fees, costs, and expenses. Moreover, GRANTEE acknowledges that it shall adhere to any and all 10 Document No. 1062010_2 OMNI CRA Morgan's 2829, Inc. Grant Agreement state, local, and federal laws, rules and regulations in undertaking the Project and in complying with this Agreement, including, but not limited to, the Code of the City of Miami, Florida, as may be amended from time to time: 35. WAIVER OF JURY TRIAL. GRANTEE and the CRA hereby knowingly, irrevocably, voluntarily, and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, claim, or Counterclaim based on this Agreement and/Or the Project, or arising out of, under, or in connection with this Agreement, the Project, any renewal(s) hereof, any amendment, extension, or modification of this Agreement, or any other agreement executed between the parties in connection with this Agreement; the Project, or any other course Of conduct, course of dealing, statements (whether verbal or written), or any other actions of any party hereto. This waiver is a Material iitduceinent for the CRA and the GRANTEE to enter into this Agreeinent, 36. TERMINATION OF CONTRACT FOR CONVENIENCE. The CRA retains the right to terminate this Agreement at any time for convenience, without penalty to the CRA. In that event; the CRA shall give five (5) days written notice of termination to GRANTEE. 37. NOTICE. All notices. or other eominunications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time, Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date Of actual receipt; whichever is earlier. -To the CRA: Omni Redevelopment District Community Redevelopment Agency 1401 North Miami Avenue Miami, FL 33136 Attn: Jason Walker, Executive Director With a copy to: Office of the City Attorney 444 S.W. 2nd Avenue 9th Floor, Miami, FL 33130 Attn: Victoria Mendez, General Counsel 11 Document No. 1062010_2 OMNI CRA Morgan's 2829, Inc. Grant Agreement To GRANTEE: Morgans 2829 Inc. 28 NE 29 ST, Miami, Florida, 33137 Attn: Barclay Graebner, as Registered Agent and President 38, INDEPENDENT CONTRACTOR GRANTEE, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractor's, and not agents or employees of the CRA, and shall not attain any rights or benefits Under the civil service or pension programs of the CRA, or any rights generally 'afforded its employees, further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 39: SUCCESSORS AND ASSIGNS, This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 40. AUTIIORITY. Both the CRA and GRANTEE certify that each possesses the legal authority to enter into this AgreeinentA resolution, motion or similar action has been duly adopted as an official act of each party as a governing body, authorizing the execution of this Agreement, and identifying the official representative of each to act in connection herewith and to provide such additional information as may be required by the terms of this Agreement, attached and incorporated herein as Exhibit "A" and Exhibit "E". 41. PUBLIC RECORDS. GRANTEE understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the CRA, subject to theprovisions Of Chapter 119, Florida Statutes, and any specific exemptions there from, and GRANTEE agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. GRANTEE' s failure Or refusal to comply With the provisions of this section shall result in immediate termination of the Agreeinent by the. CRA; 12 Document No. 1062010_2 OMNI CRA Morgan's 2829, Inc. Grant Agreement Pursuant to the provisions of Section 119.0701, Florida Statutes, GRANTEE must comply with the Florida Public Records Laws, specifically the GRANTEE must: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide therecords and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public. records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the GRANTEE upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the CRA in a format compatible with the information technology systems of the public agency: GRANTEE agrees that any of the obligations in this section will survive the term; termination and cancellation hereof. IF '1'Hi CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF .CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC 13 Document No. 1062010 2 OMNI CRA Morgan's 2829, Inc. Grant Agreement RECORDS AT 305-679-6870, IJONES@MIAMIGOV.COM, AND 1401 NORTH WHAMI AVENUE, MIAMI, FLORIDA 33136. 42. SURVIVAL. All obligations (including but not limited to indemnity and obligations to defend, release, and hold harmless) and rights a any party arising dining or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier tennination. 43. COUNTERPARTS; ELECTRONIC SIGNATURES: This Agreement may be executed in any number ofcounterparts, each of Which shall be deemed an original, but all of WHO Shall constitute one and the same instinnient. Facsiinile, .pcif and other electronic signatures to this Agreement shall have the same effect as original signatures. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] {Remainder of Page Intentionally Left Blank} 14 Document No. 1062010_2 OMNI CRA Morgan's 2829, Inc. Grant Agreement IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized as of the day and year above written. ATTEST: Morgans 2829 Inc. ATTEST: By: Barclay Graeb Title: OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") -•-- . By: k of the Board Jason Walkdt,cecutive Director APPROVED AS TO INSURANCE REQUIREMENTS: Terry M. Dlgitallysignedby Terry M. Quevedo Quevedo Date:2021A-0aao'7A1 By: iaat os Ann-Marie Sharpe, Director, Risk Management Department Document No. 1062010 2 APPROVED AS TO FORM AND CORRECTNESS: By: Sai.aa6 ..— 7 6/4/, Victoria M6naz, General Counsel 15 XEA 18-2582 EXHIBIT A RESOLUTION NO. CRA-R-18-0027 Document No. 10620102 'OMNI CRA MOrgan's.2829,Inc. Grant Agreement 9/14/2018 CRA-R-18-0027 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY. Miami FL OMNI CRA Resolution CRA-R-18-0027 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN; ALLOCATING GRANT FUNDS OF $400,000.00 TO MORGANS 2829, INC. FOR THE REHABILITATION OF THE PROPERTY LOCATED AT 130 NW 14 STREET, MIAMI, FLORIDA, SUBJECT TO THE AVAILABILITY OF FUNDS. Information Department: OMNI Community Redevelopment Agency Category: Grant Attachments Agenda Summary and Legislation 3484 Notice to the Public 2018-02-22 3484 Bid Waiver Memo 3484 Notice to the Public 3484 Morgan's Proposal 3484 Morgan's Backup Sponsors: Body/Legislation WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") engages in numerous activities in the community and is tasked with reducing slum and blight within its boundaries; and WHEREAS, on September 13, 2016, the CRA approved and adopted Resolution No. CRA-R- 16-0042 adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA; and WHEREAS, Morgans 2829, Inc., a for profit entity ("Morgans"), submitted a request for grant funding to rehabilitate the property located at 130 NW 14 Street, Miami, Florida ("Property"); and WHEREAS, the Property is located within the CRA boundaries; and WHEREAS, the 2009 CRA Redevelopment Plan ("Plan") on page 41, section D-2, lists the objective of the CRA is to make "Improvements to the Public Realm" by "[enhancing] the areas' visual attractiveness to businesses and residents"; and WHEREAS, the Plan also outlines working with private entities on page 42, Sections A-1 and A-3, to "Provide incentives for redevelopment of blighted properties" and to "Promote rehabilitation http//miamif.igm2 com/Citizens/Detail_LegiFile.aspx?ID=34848,highlightTerms=morgans&Print=Yes 1/7 9/14/2018 CRA-R-18-0027 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY.. and maintenance of existing viable uses and structures"; and WHEREAS, Section 4.4, B., D-5, at page 41; Section 4.4, C., D-1, at page 41; and Section 4.4, D., A-2, at page 42 of the Plan lists that providing employment opportunities and upward job mobility for residents, maximizing conditions for residents to live in the area, and the elimination of conditions which contribute to blight as stated redevelopment objectives; and WHEREAS, Morgans has submitted a proposal to rehabilitate the Property and requests grant funding for the rehabilitation and buildout of the Property in an amount of $400,000.00; and WHEREAS, the success of the project will result in accomplishing the stated objectives of the Plan; and WHEREAS, based on the recommendation and finding of the Executive Director, it is in the CRA's best interest, by an affirmative four -fifths (4/5ths) vote, to waive competitive sealed bidding procedures pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the CRA; and WHEREAS, based on the recommendation and finding of the Executive Director, it is in the CRA's best interest to authorize the Executive Director to execute and negotiate any and all necessary agreements, in a form acceptable to the General Counsel, with Morgans for the allocation of grant funds for the rehabilitation of the Property in an amount not to exceed $400,000.00 towards rehabilitation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of the Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written finding pursuant to Sections 18-85 and 18-86 of the City Code, as adopted by the CRA, are ratified, approved, and confirmed, and the requirements for competitive sealed bidding methods are waived as they are not practicable or advantageous to the CRA. Section 3. The Executive Director is authorized to execute any and all necessary agreements, in a form acceptable to the General Counsel, with Morgans for the allocation of grant funds in an amount not to exceed $400,000.00 for the rehabilitation of the Property, subject to the availability of funds. Section 4. Funds are to be allocated from Omni Increment Fund, "Other Grant and Aids - Funding derived from 2018 TIF revenue", Account Code No. 10040.920501.883000. Section 5. This Resolution shall become effective immediately upon its adoption. Meeting History OMNI Jan 17, 2018 5:00 PM Community Redevelopment Regular Meeting Agency Note for the Record: For minutes referencing Item 2, please see Item 1, RESULT: CONTINUED [UNANIMOUS] MOVER: Wifredo (Willy) Gort, Board Member, District One SECONDER: Ken Russell, Chair AYES: Ken Russell, Keon Hardemon, Wifredo (Willy) Gort ABSENT: Joe Carollo, Manolo Reyes Next: 2/22/2018 12:00 PM Feb 22, 2018 12:00 PM OMNI Regular Meeting http://miamifl.igm2.com/Citizens/Detail_LegiFile aspx?ID=34848highlightTerms=morgans&Print=Yes 2/7 9/14/2018 CRA-R-18-0027 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY. Community Redevelopment Agency Note for the Record: Item 2 was continued to the next scheduled OMNI Community Redevelopment Agency (CRA) meeting. Todd B. Hannon (Clerk of the Board): There is RE.2 that we need to -- Board Member Carollo: One additional -- last item. Mr. Chairman, you said it was 20 minutes, and it was not 20 minutes, so if we could agree to come back at 3, then, instead of 2:30? Chair Russell: Siri just took over the meeting. I'm open to a 3 o'clock re -adjournment [sic], if that's not -- Vice Chair Hardemon: Oh, talking about for the "C" -- for the City of Miami meeting? Chair Russell: For the City of Miami meeting. Board Member Carollo: Yeah, City of Miami meeting. Board Member Reyes: 3 o'clock. Chair Russell: Do you need an action on RE -- I mean, on RE.2? Jason Walker (Executive Director/Omni Community Redevelopment Agency): No, sir. That item will be deferred. Mr. Hannon: No, no, no. We need some kind of action -- Chair Russell: You need an action. Mr. Hannon: -- by the Commission to defer it. Chair Russell: I'll entertain a deferral of RE.2, if there is a motion. Board Member Reyes: Move. Chair Russell: It's been moved. Board Member Carollo: Second. Chair Russell: Is there a second? Vice Chair Hardemon: There's a second. Chair Russell: Seconded by Chairman [sic] Hardemon. Mr. Hannon: That's to the next Omni CRA (Community Redevelopment Agency) meeting. Chair Russell: Yes, sir. Mr. Hannon: Understood. Chair Russell: All in favor, say "aye." The Board (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Meeting adjourned. Thank you very much, gentlemen and ladies. RESULT: MOVER: SECONDER: AYES: CONTINUED [UNANIMOUS] Manolo Reyes, Board Member, District Four Keon Hardemon, Vice Chair Ken Russell, Keon Hardemon, Wifredo (Willy) Gort, Joe Carollo, Manolo Reyes Next: 4/18/2018 5:00 PM OMNI Apr 18, 2018 5:00 PM Community Redevelopment Regular Meeting Agency Note for the Record: Item 6 was continued to the next scheduled OMNI Community Redevelopment Agency (CRA) Meeting. http://miamifl.igm2.com/CitizenslDetail_LegiFile aspx?ID=3484&highlightTerms=morgans&Print=Yes 3/7 9/14/2018 CRA-R-18-0027 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY.., Note for the Record: For minutes referencing Item Number 6, please see Item Number 2. RESULT: CONTINUED [UNANIMOUS] MOVER: Wifredo (Willy) Gort, Board Member, District One SECONDER: Ken Russell, Chair AYES: Ken Russell, Keon Hardemon, Wifredo (Willy) Gort ABSENT: Joe Carollo, Manolo Reyes OMNI May 24, 2018 12:30 PM Community Redevelopment Regular Meeting Agency Chair Russell: Okay. We're about to start the resolution right now, if the -- Jason Walker (Executive Director, Omni Community Redevelopment Agency): Yes. Chair Russell: -- Executive Director will present it, and then questions. Mr. Walker: Yes, sir. Board Member Reyes: Yeah. I'm sorry, I'm sorry. Chair Russell: Thank you. Board Member Reyes: (UNINTELLIGIBLE). Next: 5/24/2018 12:30 PM Mr. Walker: It's a resolution of the Board of Commissioners of the Omni Redevelopment District Redevelopment Agency, by a four - fifths affirmative vote, after an advertised public hearing, ratifying, approving, and confirming the Executive Director's recommendation, and finding that competitive negotiation methods and procedures are not practicable or advantageous, pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended, as adopted by the CRA (Community Redevelopment Agency); waiving the requirements for competitive sealed bidding as being practicable or advantageous to the CRA; authorizing the Executive Director to execute any and all necessary agreements, in a form acceptable to the general counsel, for the purposes stated herein; allocating grant funds of $400,000 to Morgans 2829, Inc., for the rehabilitation of the property located at 130 Northwest 14th Street, Miami, Florida, subject to the availability of funds. Chair Russell: Commissioner Reyes, you have a question on this item? Board Member Reyes: That is -- that -- my question is, this is an existing building that is going to be rehabbed? Mr. Walker: Yes, sir. Board Member Reyes: Right. This is not a -- the last pocket that we have in that area, which is blighted. Mr. Walker: It's not the last. There will still be blight there afterwards. Chair Russell: There's a lot of blight left. Board Member Reyes: Isn't this --? Well, okay. Chair Russell: Is there anyone who can present on the item? I saw a graphic of the Morgans structure in my office. Mr. Walker: Yeah, it's coming down. I don't know why it's in your office. Vice Chair Hardemon: So moved to approve it. Chair Russell: It's been moved. Is there a second? Board Member Gort: Second. Chair Russell: It's been seconded by Commissioner Gort. You had a comment, Commissioner Gort? Board Member Gort: Discussion. My understanding is -- how are we going to make sure that the funds are going to be utilized to do the completion of the --? What steps are we taking to make sure that funds are spent the way it should be? Mr. Walker: So, first of all, this will be done on the -- first of all, the funds will only go to the rehab of the building -- Board Member Gort: Right. http://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?10=3484&highlightTerms=morgans&Print=Yes 4/7 9/14/2018 CRA-R-18-0027 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY Mr. Walker: -- itself. And the funds will be done on a reimbursable basis. Board Member Gort: Reimbursement basis. Mr. Walker: Yes. Board Member Gort: Okay. Mr. Walker: And we will have our own over-- construction oversight person to look at sign -off on all of the payment requests. Board Member Reyes: Okay. Board Member Gort: All right. Mr. Walker: And this is important -- we feel -- why is he going all the way around? We feel it's an important block. It's on one -- on 1st and Northwest 14th Avenue, right under the underpass, where a lot of activity takes place. We think the idea of bringing new attention to the area is good, and 1 want to show you the picture of the building. Board Member Gort: I have another question, Chair Russell: Yes, Commissioner Gort Board Member Gort: As we going to put a term -- are we going to put a term? Because after we spend $400,000, they fix it, that they won't flip it? Mr. Walker: Yes, absolutely. There will be -- I think we had a meeting yesterday. I think we're putting in a five-year -- is it five? Board Member Gort: Five years? Board Member Reyes: How many units in that building? Mr. Walker: Right now it's ten efficiencies; four are vacant and six are occupied. And by law, we have to find -- make a good effort to find spaces for the other six gentlemen to -- Board Member Reyes: By the time you finish with it, I mean, what will be the -- how many are they going to be efficiencies? Are they going to be apartments? Mr. Walker: This particular item, they will no longer be efficiencies. It will be fully -- a full-fledged restaurant on both floors. Board Member Reyes: You're saying that they're going to be efficiencies? What's the size? Mr. Walker: No, no, no. The efficiencies will be gone, and only a restaurant will be in its place. Board Member Reyes: Oh, it's going to be a restaurant? Mr. Walker: Yes. Board Member Reyes: Oh. That means -- but we are displacing how many people that live there? Mr. Walker: Six people we will relocate. Board Member Reyes: You're going to relocate them to where? Mr. Walker: We are in the process of, depending on this item -- Board Member Reyes: So you don't -- not going to start until those people are properly -- Mr. Walker: Absolutely, absolutely. Board Member Reyes: -- relocated to --7 Mr. Walker: Absolutely. And as a matter of fact, the owner -- there were ten -- has been holding off on renting the place out because of -- this item has been held for several months. He's not releasing any new apartments, and he's making a good effort. Morgans has said that they would make a good effort, and we, by law, have to make a good effort to find those six gentlemen places to stay once this thing is approved. Board Member Reyes: Okay. And why a restaurant, if I may ask? http:llmiamifLigm2.com/Citizens/Detail_LegiFile aspx?ID=3484&highlightTerms=morgans&Print=Yes 5/7 9/14/2018 CRA-R-18-0027 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY... Mr. Walker: Well, right now -- and I can have our Planning and Policy person, Adam, to explain it. Right now the building is a nonconforming building. Actually, It's not supposed -- Board Member Reyes: Yes, but is it owned by the City or is it owned by them? Mr. Walker: It's owned -- the ownership is with the Scott family of Overtown. They've owned it -- Board Member Reyes: Yeah. Mr. Walker: -- for the past -- Board Member Reyes: I know them. Mr. Walker: -- 25 years. The lease is between the Scott family, the owners, and Morgans. Board Member Reyes: Okay. Mr. Walker: And our grant is just going to the rehab of the building. Morgans will be putting their own money in to also help build it out, because it's going to take a lot more than -- Board Member Reyes: Okay. Mr. Walker: -- 400,000 to get this done. Board Member Reyes: What we're going to do is try start businesses in that area, right? Mr. Walker: Yes, sir Board Member Reyes: Okay. It's okay. Mr. Walker: Thank you. Board Member Reyes: (UNINTELLIGIBLE). Chair Russell: Are you comfortable? Board Member Reyes: Yes, sir, Chair Russell: Thank you very much. No, I'm looking forward to this. And the time frame? Mr. Walker: Richie, you want to --? Chair Russell: Please state your name and -- Richard Effs: Richard Effs. I'm one of the co -owners for Morgans. Don't run the restaurant; the wife does that. I'm just the backup guy. And what the question you had? Chair Russell: Time frame for the buildout, redevelopment, and have an actual restaurant in place and jobs for the community. Mr. Effs: Depends. Probably eight months. Depends on how the workers go. Chair Russell: So structurally, It's pretty good? Mr. Effs: Yeah, structurally, it's pretty good. Chair Russell: The (UNINTELLIGIBLE) are good. Mr. Effs: It's going back and refurbishing and knocking out walls and just doing -- making it into a restaurant. Chair Russell: And how many jobs will this provide, and will those jobs go to the community? Mr. Effs: Yeah, most of those jobs -- probably 120 people -- 60 to 120 people we'll hire, and some will come from the neighborhood if they're qualified. Chair Russell: Do we have any requirements within that? Mr. Walker: We have a basic requirement, which they have obviously gotten over, of one job for every 30,000 -- $35,000. http://miamifl.igm2 com/Citizens/Detail_LegiFile.aspx?ID=3484&highlightTerms=morgans&Print=Yes 6/7 9/14/2018 CRA-R-18-0027 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY Chair Russell: One job -- Mr. Walker: For every $35,000 that we give them. Chair Russell: One job from where? Mr. Walker: From the community. We start out with the Omni CRA. Chair Russell: Yep. Mr. Walker: And then if they can't -- they have to make best efforts within the Omni CRA. If they can't make that effort, then it's the Overtown CRA boundaries. Board Member Reyes: Sir -- excuse me. Chair Russell: Of course. Commissioner Reyes. Board Member Reyes: When you said, "the Omni area," the Omni area is too big, but this is in Overtown. Mr. Walker: Yes, sir. Board Member Reyes: I will prefer that you have the right to give -- offer these jobs mainly -- try to hire as many people from Overtown. Mr. Walker: Yes, sir. Board Member Reyes: You see. Because the Omni, it's a huge area, but Overtown, I mean, it's the one that needs -- I mean, there's a high index of unemployment, and try to -- if we're going to spend that money, you see, try to create jobs for people that live there. Mr. Walker: Yes, sir. Noted. Board Member Reyes: Yes, sir. Chair Russell: All right. Mr. Effs: Thank you. Chair Russell: There's been a motion. There's been a second. Any further discussion? Is there any comment from the public on this item? Hearing none, I'll close public comment. All in favor, say "aye." The Board (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RESULT: ADOPTED [UNANIMOUS] MOVER: Keon Hardemon, Vice Chair SECONDER: Wifredo (Willy) Gort, Board Member, District One AYES: Ken Russell, Keon Hardemon, Wifredo (Willy) Gort, Manolo Reyes ABSENT: Joe Carollo Select Language V Powered by Translate http://miamifi iqm2 com/Citizens/Detail__LegiFile aspx?ID=3484&highlightTerrns=morgans&Print=Yes 7/7 OMNI eliA Wigan's 2829, Grant Agreement EXHIBIT 13 PROJECT The Grant funding provided by the Omni CRA pursuant to this Agreement will be used as a grant to partially reimburse the GRANTEE for the rehabilitation and buildout of the Property for the opening of a new full service restaurant in the Omni Redevelopment Area and as further described in Resolution No. CRA-R-18-0027. Document No. 1062010_2 MORGANS FIND YOUR ROOTS Barclay Graebner Morgans 2829, Inc 28 NE 29th Street Miami FL 33132 786-838-5011 info@themorgansrestaurant. com Nov. 7, 2017 RE: Morgans Restaurant for relocation to 14th St. and NW 1st Ave. Letter of Transmittal FIND YOUR ROOTS Barclay Graebner Morgans 2829, Inc 28 NE 29th Street Miami FL 33132 Nov. 7"1, 2017 RE: Morgans Restaurant for relocation to 14'h St. and NW 1st Ave. To Whom It May Concern, We are extremely excited to submit our proposal to relocate our existing Morgans Restaurant to the designated commercial space at 14th St. and NW 1 ' Ave. Being that we already have a proven track record and concept with a HUGE Miami following, we believe we can make an immediate positive impact on the community with job creation, community awareness and community safety! We are eager to get started and hope to be selected for the Lease Agreement. Thank you for your consideration. Sincerely, Barclay Graebner Development Concert: We propose to transform thedesignated commercial space into the new Morgans Restaurant location!, Our intention is to move our existing concept into the new space. Because the Morgans Restaurant is already a very popular restaurant venue with a loyal following, we will make an immediate positive impact on the community. We have already built a huge "book of business" over the past 8 years and this Will carry over nicely to the new location; (We will close our current location with the opening of the new location). Mission Statement: To use the freshest high quality ingredients to create delicious modern comfort food. that is economically priced, provide exceptional customer service and enrich the community around us! )3enefits for the Community include: Job Creation Waiters; Busers, Chef/Cooks, Back Office; Administration, Bartenders, Security and More! Halo effect - New businesses bring in new clientele, fresh ideas, new commerce and help the community grow! Security — morefoot traffic and better visibility! Strategic & Manaaement Aooroach The Morgans Restaurant already has a loyal following and has a number of accolades inducting being voted one of the Best Brunch venues in Miami. On Saturdays and Sundays, one can witness the popularity of our Brunch with the long line that serpentines around the building as people from all over wait patiently to sample some of our house favorites which include the Chicken & Waffle Sandwich, Eggs Benedict, House made Sticky Buns, etc. Our current geographic demo is customers corning from South Beach, Aventura, North Miami, Coconut Grove, Key Biscayne and Downtown Miarril, These patrons will come to the new loCatiOn. As they dine at the new Morgans, they will discover the community and revival that is taking place. This will create a self -feeding loop of additional new businesses, bringing in new clientele, fresh ideas, and more Commerce. Approximately 25 full time and part time jobs will be created, Entertainment will include weekly live bands and wine tastings. Current Restaurants Morgans Restaurant 28 NE 29th Street Miami FL 33132 Self -funded Restaurant Built out/remolded the entire project - turnkey Sherwoods Bistro. 8281 NE 2nd AVe Miami, FL, 331 ps Self -funded Restaurant Tacos vs Burritos 1888 79th Street Causeway North Bay Village, FL 33141 Selfjunded Reetaurant Black Sheep 1884 79th Street Causeway North Bay Village, FL 33141 Self-fUnded Restaurant and Exbbriehce Barclay Graebner 7 Ovvner and founder of Moqans Hestcqurant, with over 15+ yea IrS experience in the fbbd/beivee�top indbstr'y. Founded and sold Blu Dog Caf6 in South Beach, Miami. Founder, She-rwoo'os Bistro in Little Haiti, Miami. Tacos Vs BurfRos on North Bay \�illagb,, B,I96.k Sheep or) North Bay Village. Disclosures No Disclosures to be reported References BankUnited 12290 Biscayne Blyd North Miami, FL 33181 Contact: Jayrny Bencligo (3o5) 815-6205 Bricyn Bakery Distributors 6437 NW 199th Terrace Hialeah, FL 33015 Contact: Brian (305) 710-1946 Produce Connection 2200 NW 23rd St Miami, FL 33142 Contact: Chris Fryes (786) 412-7989 Kehe Distributors PO .box 32082 New York, NY 10087 Contact: Susie Young (800) 223-2910 f o VG BUILDERS RESIDENTIAL & COMMERCIAL PROPOSAL DATE: 5/25/21 QUOTE # 21-219 CUSTOMER ID: BARCLY PREPARED BY: DG SUBMITTED TO: PROJECT: RENO Morgans on 14th Miami, FL SCOPE OF WORK J Produce architectural plans that include Restaurant / Bar build out at above Address Permit Expediting at city of Miami. "Complete renovation and change of use to a Restaurant/Bar" Bathrooms, Bar build out and Kitchen build -out Provide and install new ES Brand impact windows and doors. All new Electrical wiring and fixtures as needed All new Plumbing and fixtures as needed All new HVAC ductwork, Handler and Compressor as needed New Staircase and elevator/lift Provide and install new framing, insulation, drywall and plastering as needed Provide and install new flooring as needed AU Millwork as needed New signage at exterior(s) Painting Int/Ext as needed. TOTAL BUDGET $575,000.00 Payment Terms; TBD Note i This is a preliminary Scope of Work 1 Propose! based on client's requeats. Upon recoiling completed drawingt GC will provide detailed scope and adjusted costs as needed. All material is guaranteed to be as specified and the work will be completed in a workmanlike manner in accordance to specifiCations. Any and all alterations or deviations from the stated specifications involving extra costs and materials will be executed only upon written orders. These changes turn into an extra charge, over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond contractor's control. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. Acceptance of Contract As stated in the above specifications. The costs and specifications are satisfactory and are hereby accepted, I authorized the contractor to complete the work as specified and payments will be made as summarized above. CUSTOMER SIGNATURE OF ACCEPTANCE DATE SIGNED CEL.L305-506-7308 Daniel@DVGBuilders.com CGC 15/ 9237/ H12415 mdb miami design builders. Ina. August 10, 2018 Barclay Graebner 28 NE 29 Street Miami, FL 33137 Re: Restaurant Remodeling 130 NW 14 Street, Miami, FL 33136 Dear Ms. Graebner: Proposal No. 829 Per our conversation, please review this proposal for design and construction services at the above referenced property. Existing 2-story building (approx. 3000SF) to be remodeled for new restaurant and bar use. Plans shall be prepared by a Florida Licensed Engineer per the latest Edition of the Florida Building Code. 1.0 SCOPE OF WORK 1.1 Owner shall provide current Survey and Elevation Certificate. 1.2 Prepare Architectural and Site plans. 1.3 Prepare lighting, fire alarm, and electrical plans and calculations. 1.4 Prepare plumbing plans and calculations. 1.5 Prepare Structural plans and calculations 1.6 Provide Master Permit application and license 1.7 Apply for permits at the City of Miami and their Agencies 2.0 SCOPE OF WORK: 2.1 Remove and dispose existing walls and fixtures. 2.2 Install new plumbing, interceptor, and grease traps 2.3 Install new electrical wiring and fixtures 2.4 Install new mechanical hood and HVAC 2.5 Install new framing and impact windows 2.6 Install new stair and elevator lift 2.7 Install new wall and ceiling insulation 2.8 Install new floor tile 2.9 Apply finish and paint to new drywall 2.10 Install counters and cabinets 2.11 Install new exterior signage 2.12 Provide dumpster to dispose above referenced debris Barclay Graebmer, Owner Rocio Soto, President (786) 319-0061 8216 NW 5 Court CBC 058018 Miami, FL 33150 rociocontractor@gmail.com miami deiign builders. Inc. 3.0 WORK NOT INCLUDED 3.1 Any permit fees 3.2 Any permit fees, to be paid by Owner to City of Miami Building Dept. and/or their agencies 3.3 Asbestos, environmental, geo-technical, x-rays, and/or discovery of any kind. 3.4 Any items not listed in this proposal 4.0 FEES AND PAYMENT TERMS Our fee for the Scope of Work referenced above is $658,000. Payable per the following schedule: Upon acceptance of proposal $ 65,800 Upon permit approval $ 65,800 Upon demolition $ 65,800 Upon electrical rough inspection $ 65,800 Upon plumbing rough inspection $ 65,800 Upon mechanical rough inspection $ 65,800 Upon framing inspection $ 65,800 Upon window inspection $ 65,800 Upon drywall inspection $ 65,800 Upon completion $ 65,800 Total: $658,000 5.0 SUBMITTAL OF WORK We estimate that preliminary plans shall take three weeks from acceptance of proposal. Final plans shall take three weeks after approval of preliminary plans. We estimate permitting shall take six weeks. We estimate scope of work shall take three months from permit approval. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above this proposal. All agreements contingent upon strikes, accidents, and delays beyond our control. Owner shall carry all necessary insurance (i.e. hazard, flood, windstorm). Owner shall supply electrical power and water for above referenced work Contractor shall provide temporary toilet for construction personnel. We hope this proposal meets your approval. Sincerely, Rock) Soto, President Miami Design Builders, Inc. Accepted by: Barclay Graebner, Owner Date Proposal valid for 30 days. Payments not received within 5 days of invoice due date shall be considered past due and will accrue additional interest charge of 1.5% per month of the unpaid balance until paid in full. The work shall stop until all invoices have been paid in full. Should Miami Design Builders, Inc retain counsel to collect any sums due and owing. including appellate fees, the Party accepting this proposal is responsible for all reasonable attorney's fees and costs incurred in collecting sums due. (786) 319-0061 8216 NW 5 Court CBC 058018 Miami, FL 33150 rociocontractor@gmail.com Rne Line Contracting Inc flpmiami@yahoo.com www.flcmiami.com ESTIMATE ADDRESS Morgans on 14th Miami FL FineLftie CONTRACTING ESTIMATE # 18-065-Barclay DATE 08/09/2018 ACTIVITY QTY RATE AMOUNT 02 Site Work ESTIMATE CONTRACT ARCHITECT TO DRAW PLANS FOR NEW BAR BUILD OUT PLANS TO SUBMITTED TO THE CITY OWNER PAYS ARCHITECT FEES PERMIT EXPEDITING INCLUDED CHANGE EXISTING USE TO BAR/RESTAURANT KITCHEN/BATHROOMS/DINING/BAR BUILD OUT FRAMING TO FOLLOW NEW PLANS PROVIDED FOR NEW LAYOUT DRYWALL TO INCLUDE DRYWALL INSTALL - DURA ROCK IN WET AREAS - ALL DRYWALL CEILINGS & WALLS READY TO PAINT OR OTHER FINISHES STRUCTURAL - ELECTRICAL - PLUMBING - MECHANICAL AS PER NEW BUILD OUT PLANS MECHANICAL TO INCLUDE ALL NEW DUCTS - COMPRESSOR - AIR HANDLER AS PER PLANS ELECTRICAL - NEW WIRING - PANELS - AS PER PLANS PLUMBING - ALL NEW DRAIN LINES - FITTINGS AS PER PLANS MILLWORK AS PER PLANS TO INCLUDE CABINETS - DOORS - BASE OR OTHER TRIM EXTERIOR SIGN AT FRONT OF 1 625,000.00 625,000.00 • — ACTIVITY • . ' • - - ..•. • ' • BUILDING INTERIOR & EXTERIOR PAINTING INCLUDES ONE COAT OF PRIMER & TWO COATS OF FINISH PAINT - SPECIALTY FINISHES WILL INCUR HIGHER ,COSTS - LABOR & MATERIALS INCLUDED INSTALL NEW STAIR CASE & ELEVATOR- work corripleted as per engineer drawings THIS IS NOT A FINAL OR CONTRACT ESTIMATE -THIS IS A FIRST DRAFT FOR BUDGETING AND WILL BE AMENDED WITH MORE DETAIL ONCE FINAL WORKING DRAWINGS ARE PROVIDED AND FINISHES PROVIDED . ALL WORK TO BE DONE AS PER FLORIDA BUILDING CODE & INSPECTED BY CITY BUILDING OFFICIALS . • QTY- • • . . • RATE • • -.AMoUNT' • ,-• TOTAL Accepted By Accepted Date $625,000.00 MORGAN'S RESTAURANT 130 NW 14TH ST, :MIAMI, FL 33136 EXISTING 1ST.FLOOR PLAN MAY10.19IB Design2Form EXISTING 2ND FLOOR PLAN. SCAM ' SW.1. - - MORGAN'S RESTAURANT 130 NW 14TH ST, MIAMI, FL 33136 BEDROOM BEDROOM BEDROOM BEDROOM BEDROOM BATHROOM BEDROOM BEDROOM MAY 1D.201B Desjgn Form ._MORGAN'S. RESTAURANT a .,,I. III?ll�`�Ifl 111i.[l11_1 [IC:I)ll� IIIIIIIIillhIII; :130 NW 14TH ST, MIAM1,'FL 33136" ® •► .l. _ i LTA F-.`.'1✓:7 i MAY16.101B EXISTING NORTH ELEVATION _ EXISTING WEST ELEVATION . Desigp2Forni MORGAN'S RESTAURANT 130 NW 14TH ST, MIAMI, FL 33136 PROPOSED 1ST FLOOR PLAN - Ey1Y10, lD18 Desigo2Form 6TOMOE ROOM 5'-0'NS'•T ' PROPOSED 2ND FLOOR PLAN • 130 NW 14TH ST, MIAMI,.FL 33136 EXHIBIT C INSURANCE REQUIREMENTS Document No. 1062010_2 OMNI CRA Morgan's 2829, Inc. Grant Agreement OMNI CRA Morgan's 2829, Inc. Grant Agreement INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- MORGAN'S 2829, INC. (GRANTEE) Commercial General Liability A: Lirnits ofLiability Bodily Injury and Property Damage Liability ach Occurrence $1;009,000 General Aggregate Liniit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and-AdVertising Injury $1,000,000 • B. Endorsements Required City of Miami & OMNI CRA listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto. Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 Endorsements Required City ofMiami & OMNI CRA listed as an Additional Insured Document No. 10620 i0_2 OMNItiZA Morgan's 1829,'Ina. 6rint Agreement 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 1Vliami and the OMNI CRA with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Document No. 1002010_2 ACQRU® CERTIFICATE OF LIABILITY INSURANCE • DATE(MMI2oD2 THIS CERTIFICATE IS.:ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE ..REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.. THIS BY THE POLICIES AUTHORIZED EXTEND OR ALTER THE COVERAGE AFFORDED A CONTRACT BETWEEN THE ISSUING INSURER(S), . 'IMPORTANT: -if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED.provlsions or be endorsed. If SUBROGATION IS WA_ IVED, subject to tie terms and conditions of the policy, certain policies may require an endorsement vA statement on thls certificate does not confer rights'to the certificate holder In lieu_ of such endoisementis). . .. .. . PRODUCER Fllnsco.COm LLC Dba: Florida First insurarice Agency LLC 2515 Hollywood Blvd . Hollywood FL 33020 CONTACT NEE; .. miOnda Sankersingh PHONE- o Wit). (954) 929 6696 FAX NW•: (954) 929-6694 . WA.; rsankersingh@hotmail.com ' .. INSURER(S) AFFORDING COVERAGE NAIC # . :INSURER A:. Scottsdale Insurance Company . • INSURED Morgans 2829 Inc 28 Ne 29 Street Miami FL 33127 INSURERB: AscendantcOmmerclal Insurance, Inc INSURER C: IiISURER o INSURER E : .. INSURER F • • REVISION NUMBER:: • THIS IS TO'CERTIFY THAT THE POLICIES OF:INSURANCE LISTED: BELOW HAVE BEEN ISSUED TO THE -INSURED NAMED ABOVE FOR THE POLICY PERIOD • INDICATED. :NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION' OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT .TO WHICH THIS CERTIFICATE MAY BE ISSUED OR, MAY PERTAIN, THE INSURANCE' AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LIR . ADDL , TYPE OF INSURANCE.. JNgD SUBR1' - - WVDI . .POLICY NUMBER POLICY EFF' (MMYW IDDIYlJM • POLICY EXP MI MIODYYi LIMITS A X COMMERCIAL GENERAL LIABILRY CPS7298782 01/26/2021 01/26/2022_ EACH OCCURRENCE.. $ 1,000,000.00 DAMAGE TO RENTED PREMISES (Ea oceurrenco) $ 100,000.00 CLAIMS -MADE X OCCUR MED EXP. (Any one person) $ 5,000.00 . X Liquor Liability PERSONALaADV INJURY $ 1,000,000.00 GENERAL AGGREGATE .. $ 2,000;000.00 . GENT- X' . AGGREGATE UMrr APPLIES PER POLICY n JEC LOC OTHER: PRODUCTS -COMP/OP AGG $ 2,000,000:00 .. Liquor Liability Limit $ 1,000,000.00 AUTOMOBILE _ LUUlIUTY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY - SCHEDULED AUTOS • NON -OWNED AUTOS ONLY ,lEa accident) COMBINED SINGLE OMIT $ BODILY INJURY (Per person) .$' $ 'BODILY INJURY (Per'acddent) I ,PROPERTY DAMAGE (Peracddent) $. $ UMBRELLA LIAB EXCESSLIAB OCCUR UM CUS-MADE EACH OCCURRENCE . $ AGGREGATE $ $ . i DEO.. I . RETENTIONS B WORIcERS COMPENSATION AND EMPLOYERS' LIABILrTY - ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) • If yes. describe under DESCRIPTION OF OPERATIONS below YIN N N" N i A W C-76143-0 09/23/2020 09/23/2021 PER STATUTE OTH- - I ER ' . E.L. EACH ACCIDENT. . . $ 500,000.00 .. • E.L. DISEASE- EA EMPLOYEE- $ 500,000.00 E L. DISEASE - POLICY LIMIT $ 500,•000.00 - A Contents Improvements and Betterments -- • CPS7298762 01/26/2021 01/26/2022 . • Limit Linilt -Limit . $50;000.00 $700,000.00 $100,000.00 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, niay be attached Nmoro apace le' required)" Property Coverage is for.Location 1 only: This policy does not cover losses due to Windstorrn/Hurricane: Ail other perils deductible $1000.09. Locations covered: Location 1- 28 NE 29th Street, Miami FL 33137 ' Location 2- 570.1 Collins Avenue, Miami FL 33140 The Omni CRA are included as Additional Insured in accordance with the provisions of the General Liability and Liquor Liability. policy. Should any of the notie of cancellation may be delivered to above described polices be caneclledbefore the explratlon date thereof, the policy provisions will govem how notice • The Omni CRA 1401 N Miami Avenue, Second Floor Miami, FL 33136 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATivE Rhonda Sankersingh ©.1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACO AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Flinsco.com LLC Dba: Florida First Insurance Agency LLC NAMED INSURED Morgans 2829 Inc POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance the certificate holders In accordnce with the policy provislons of each policy. Coverage is on a Primary and Non:Contributory basis. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reservei The ACORD name and logo are registered marks of ACORD ACORd CERTIFICATE „OF LIABILITY INSURANCE min DA• B z ,2o ire) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED HOLDER, 'THIS BY THE POLICIES AUTHORIZED A CONTRACT BETWEEN THE ISSUING INSURER(S), IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions, or be endorsed. : If SUBROGATION IS WAIVED, subject to the terms and conditions of the .policy, certain policies may require an en dorsement: A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsement(s): PRODUCER Flinsco:com LLC Dba: Florida First insurance Agency LLC 2515 Hollywood Blvd Hollywood FL. 33020 . CONNANITEACT Rhonda Sankersingh PHONE - -. FAX Lac. No. . (954) 929-6696 ANc.FAX No) (954) 929-6694 ADDRENg; rsankersingh@hotmail.com INSURER(S)'AFFORDING COVERAGE 1 NAIC 8 INSURER A:. SCOttsdale Insurance Company INSURED Morgans 2829 Inc 28 Ne 29 Street Miami . FL 33127 . INSURER B : Ascendant Commercial insurance, Inc . INSURER C INSURER D :. INSURER E : - INSURER F BER: • 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID. CLAIMS. INSR LIR - TYPE OF INSURANCE - - ADDLSUBR * isD wvt) - - • POLICY NUMBER POLICY EFF IMM/DDIYYYY) . POLICY EXP. - IMM/DDIYYYYI' . . LIMITS - - , A X COMMERCIAL GENERALLLiABILIiY CPS7298782 01/26/2021 01/26/2022 _ . EACH OCCURRENCE . $ 1,000,000..00 PREM SES Es occurreD nce) . $ 100,000.00 •M CLAIMSADE X OCCUR !AEC EXP (Arnione person) $ 5,000.00 . X Liquor Liability . PERSONAL &ADV INJURY $ 1,000;000.00 • GEAERALAGGREGATE . $ 2,000,000.00 GEN'L X AGGREGATE POLICY OTHER: . LIMIT APPUES JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000.00 Uglior Liability Limit $ 1,000;000,00" AUTOMOBILELIABILlTY r ANY AUTO OWNED AUTOS ONLY HIRED ' AUTOS ONLY , - SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT )_Ea =Wenn -- $ . BODILY INJURY (Per nation) '$ BODILY INJLIR7(Pereccfdent) '$ PROPERTY DAMAGE (Peraccfdent) $ UMBRELLA LIAB . EXCESS UAB � OCCUR CLAiMS-MADE . EACH OCCURRENCE $ AGGREGATE $ $ : DED RETENTIONS ' .B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Ifyea describe under . DESCRIPTION OF OPERATIONS below -- Y!N N ' N r A WC-76143-0 09/23/2020 09/23/2021 - PER STATUTE ER I . ELFACHAGCIDENi $ 500,000.00. E.L: DISEASE - EA I MPLO $ 500,000.00 E.L. DISEASE - POLICY LIMIT $ 50.0,000.00 . A Contents improvements and Betterments — • • . CPS7298782 01/26/2021 01/26/2022. . . . Limit Lirnii . Limit . $50,000.00 $700,000.00 _ $100,000.09 DESCRIPTION OF OPERATIONS! LOCATIONS .r VEHICLES (ACORD 101, Additional Romerko Schedule, may be MMechod U more apace la reglilred) . Property Coverage is for Location 1 only: This policy does not cover losses due to Windstorm/Hurricane. All other penis deductible $1000.00. Locations covered: Location 1- 28 NE 29th Street, Miami FL 33137 Location 2- 5701 Collins Avenue, Miami FL 33140 The City of Miami are Included as Additional Insured in accordance with the provisions of the General Liability and Liquor Liability policy. Should any of the above described polices be caneclled before the expiration date thereof; the policy provisions will govern how notice of cancellation may be CELLATION City of Miami 444 SW 2nd Avenue, 4th Floor Miami, FL33130 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 Rhonda Sankersingh ACORD 25 (2016/03) ©1988.2015 ACORD CORPORATION. All rights reserved : The ACORD name and logo are registered marks of ACORD ACGREP AGENCY CUSTOMER ID: LOC 8: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Flinsco.cam LLC Dba: Florida First Insurance Agency LLC FawthiNsuako Morgans 2829 Inc MOM NUMBER CARRIER . _ NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THisApcirrHoNAi. REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER; 2t .FORM TITLE; Certificate of Liability Inatirance : . . iielNered to the certificate holders in accordnce with the policy provisions of each policy. Coverage Is on a Primary and Non-Ciiatiibutory batis. ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD T IIT Ttll7} POO S Barclay Graebner 28 NE 29th St, Miami, FL 33137 (305) 573-9678 Info@themorgansrestaurant.com 10th September 2020 To Whom It may concern No personal Vehicles will be utilized for business related purposes also Business owns no vehicles that would be utilized for such purposes Sincerely, Barclay Grabner OMNI d12.A. Morgan's 2829, Inc. Grant Agreement INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE. MORGAN'S 2829, INC. (GRANTEE) (CONSTRUCTION PHASE) • I. Commercial General Liabffity C. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury $1,000,000 $ 2,000,000 $ 1,000,000 $1,000,000 D. Endorsements Required City of Miami & OMNI CRA listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement III. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required $ 1,000,000 City of Miami & OMNI CRA listed as an Additional Insured Document No. 1062010_2 OMNI CRA Morgans 2829, Grant Agreement Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability B. Limits ofLiability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit W. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 Aggregate $2,000,000 City of Miami & OMNI CRA listed as an additional insured Excess Follow Form over all applicable liability policies contained herein V. Owners & Contractor's Protective • Each Occurrence General Aggregate $1,000,000 $1,000,000 City of Miami & OMNI CRA listed as named insured Document No. 1062010_2 OMNI CRA Motan's 2829, Inc. Grant Agreement VI. Payment and Performance Bond $ Full Value City of Miami & OMNI CRA listed as an Obligee VII. Builder's Risk/Installation Floater Causes of Loss: All Risk of Direct Physical Damage or Loss Valuation: Replacement Cost Deductibles: 5% Wind, Hail, and Flood, $25,000 AOP Coverage Extensions included City of Miami & OMNI CRA listed as an additional insured and loss payee The above policies shall provide the City of Miami and the OMNI CRA with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Document No. 10620102 Aeakba' ‘...,..•"--CERTIFIC ATE OF -LIABILITY INSU.I NCE DAT � DIYYVY) 13/2020 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 pollcy(loa) must have ADDITIONAL INSURED pi vlelons or be endorsed. If SUBROGATION IS WAIVED, subJect to' the terma and conditions of the policy, certain policies may require 'en endorsement. A statement on this certificate does not confer rights to the certificate holder Milk/ of such endotsement(s).. PRODUCER Interassurance 9190 Biscayne Blvd., Suite #201 Miami Shores, FL 33138 Phone (305) 758-8322 . Fax. (305) 758-4456 C . Adel No . 312..E3fi. (305) 758-8322 ' ac,Noie (305).758-4456 .A DRESS: adel@intersssuranc:com INSURERS) AFFORDING COVERAGE NA IC N INSUPPRA: INDIAN HARBOR INSURANCE COMPANY INSURED - DVG Builders, Inc 2930 SW 115TH AVENUE MIAMI FL 33165 INSURER B : - INSURERC:. NATIONAL UNION FIRE INS CO PA. . INSURER D: INSURER E : .. . ..INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 'THIS IS TO CERTIFY. THAT THE POLICIES OF INSURANCE LISTED BELOW. HAVE. BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD • INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM. OR CONDITION OF ANY CONTRACT.OR OTHER DOCUMENT W ITH 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 R TYPE OF INSURANCE ADDLSUBR INSR WVD - POLICY NUMBER POLICY EFF', (MMIDIY DYYY), POLICY EXP. IMMIDDIYYYYj, A M COMMERCIAL GENERAL LIABILITY Y Y 1700519476 07/3012019 07/30/2020 EACH OCCURRENCE . : _ $ 1,000,000.00 ■ CLAIMS -MADE 'J OCCUR S -•MED PDMGOENEoDen" el $ 100,000.00 EXP (Any one person) $ 5,000.00 S PERSONAL arADv n+Julrr. E 1,000,000.00 GENL AGGREGATE LONITAPPLIES PER: n POLICY • 28r- 0 LOC III OTHER- GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS • COMP/OP AGG $ 2,000,000.00 . $ B AUTOMOBILE LIABILITY.. - . (Ea accident) . COMBINED SINGLE LIMIT - $ S ANY AUTO SCHEDULED BODILYINJURY(Per pagan) $ In m AUTOS BODILY INJURY (Per accident) $ AUTOS ONLY 111 HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE 1Peraceldentl $ 0 $ C n UMBRELLA DAB 'n OCCUR • EJtcF_ss LIAB • CLAIMS -MADE Y Y 20 -19390 03/11/2020 03/11/2021 EACH OCCURRENCE $ 2,000,000.00 . AT AGGREGATE $ 2,000,000.00 • DED • RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY . - YIN ANY, PROPRIETORIPARTNERIEXEC OFFICER/MEMBER EXCLUDED? - UTNEj- l - I N 1 A mi 3TARil1TE S EOTRFI - L EE.ACH ACCDENT - $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) . Eyes, describe under - DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY.LIMIT $ E DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attzieh ACORD 101, Additional Remarks Schedule, B more apace le required) ' CITY OF MIAMI IS INCLUDED AS ADDITIONAL INSURED ON A PRIMARY 4 NON CONTRIBUTORY BASIS. CONTINGENT & CONTRACTUAL LIABILITY INCLUDED. THERE ARE NO EXCLUSIONS FOR EXPLOSION, COLLAPSE, AND/OR UNDERGROUND HAZARD. • CERTIFICATE HOLDER CITY OF MIAMI 444 SW 2ND AVE, 4TH FLOOR MIAMI, FL 33130 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES eE CANCELLED BEFORE THE EXPIRATION DATE THEREOF; NOTICE WILL BErDELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD.25 (2016/03) QF ©1988-2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks Of ACORD �ACOREO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) - 1/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF 'INFORMATION ONLY CERTIFICATE DOES. NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED HOLDER. THIS BY THE POLICIES AUTHORIZED A CONTRACT BETWEEN THE ISSUING INSURER(S), IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate deep not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SUNZ Insurance Solutions, LLC. ID: (Cornerstone) c/o Cornerstone Capital Group, Inc. P PR 10 WillOW Road Building 3, Suite 151 Maple Shade, NJ 08052 CONTACT farm. Jessi Crumb PHONE •.: FAX tAIC: Nd. ; 870-376-2871 INC No). . :E-MAIL - • -- 'ADDRESS: coi•recuests(alcornerstonepeo;com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: SUNZ Insurance Company- 34762 INSURED COrnerstone Capital_ Group, Inc. 10 Willow Road,. Building 3 Suite 151 Maple Shade NJ 08052 INSURERB: . INsuRiERc. . INSURER o e • INSURERS: INSURER F : . ES CERTIFICATE NUMBER: 53678487 REVISION NUMBER: THIS IS TO CERTIFY THAT THEPOLICIES 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 L7R .. TYPE OF INSURANCE . " . ADDLSUBR INSD wyti POLICY NUMBER •POUCYEFF- (MMIDDTYYYY) POLICY EXP (MMIDDIYW. Y)' ' . u . COMMERCIAL GENERAL LIABILITY —1CLAIMS-MADE OCCUR EACH 'OCCURRENCE $ 'DAMAGE PREEM SES (Ea occUrrencol $ MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GENI AGGREGATE LIMIT APPUESPER: 'JECT LOC • PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE i = LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY — _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE IJMIT (Ea accident) - $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per eccident) • $ $ . UMBRELLA LIAB EXCESS OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE . $ $ 1L/AB DED I . I RETENTION $ A WORKERS COMPENSATION AND EMPL.OYERS'LIASILDY Y/N ANYPROPRIETOR/PARTNER CUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below . - -N /A WC005-00001-020 " WI;,005-00001-019 .. .. .1/1/2020' .1/112019 1/1/2021 • 1/1/2020 .i s ATUIE I ER ' EL EACH ACCIDENT . $ 1,000,000 . - . E.L. DISEASE - EAEMPLOYEE $`1 000:000 ' " ' E.L DISEASE -POLICY LIMIT $1.000,000' . 'DESCRIPTION OF OPERATIONS / LOCATIONS I' VEHICLES (ACORD 101, Addltlonal Remarks Schedule, mey be attached If more space Is required) ' Coverage provided for all leased employees but not subcontractors of: DVG Builders Inc Client Effective: 1/6/2020 CERTIFICATE HOLDER • . CANCELLATION • 6210 City of Miami 444 SW 2nd Ave Miami, FL, 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Rick Leonard ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 53678487 1 Cornerstone Capital Group PEO 005 MASTER CERT 1 Jeesi Crumb 1 1/17/2020 4:34:50 PM (EST) 1 Page 1 of 1 AeoRif C. . . . ERTIFICATE OF LIABILITY INSURA hICE Is'ols,e. • • - . - *..' -- .. DATE (PAPAIDO1YYYY) THIS CERTIFICATE IS -ISSUED AS A MATTERQF INFORMATION ONLY ANDZONFERS CERTIFICATE DOES .NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND BELOW: THIS CERTIFICATE OF INSURANCE DOES.NOT CONSTITUTE A • REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER: NO RIGHTS UPON THE CERTIFICATE Pi:INTER THE COVERAGE -AFFORDED BY THE HOLDER. THIS POLICIES CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED . . • IMPORTANT: if the certificate holder Is art ADDITiONAL INSURED, the poliCy(les) must have ADDMONAL INSURED prOvIslon.s.or ba endorsed. tf SUBROGATION'S WAIVED; subject to tennsi and conditions of thripolIcy, certain Policies may require an endOrsentent Arstistemeet on . . . . . . . thIs certificate dose not confer rights to the certifidate-holder in Iles of such endonsemengs). . - • • PRODUCER Interassurance 9190 iillecaYite Blvd., Suite #201 Miring ShoreS, FL 33138 .. . Phone • • (365)758-8322 Fax.. (305) 758..4456 , CONTACT Adel Ni., - • - - • • NAPAE: ' • - - • ' ' . .. • - --71' . "Erki.patacci.Niro:Siti:. - . ra l'i„j,- (305) 758-4456 71n58-83262rarc • .-..(30,5) 'Aoofiess• • ane10terast' tiim :..: • - .. • INSURER(S) AFFORDING COVERAGE . .. NAIC - 'amuses A: 'INDIAN. HARBOR INSURANCE COMPANY • :.. 'INSURED - DVG• Builders, Inc 2930 SW 115TH AVENUE MIAMI11 Fl., 33165 - - .. • • . • . INSURER FP : . • ' .. . ' . . . .. ..tasuaie f : .. NATIONAL UNION FIRE INS CO PA _ , INSURER D INSURER E : .. - - ' - • - . INSURER F : ,.; - , . . . . . - COVERAGES • . CERTIFICATENUM EFt: . :• . - 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 WHICHTHIS CERTIFICATE MAY BE ISSUED .OR MAY PERTAIN THE INSURANCE AFFORDED BY.THE POLICIES DESCRIBED HEREINIS SUBJECT TO ALL THE TERMS, - ' . EXCLUSIONS AND CONDITIONS OF. SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN. REDUCED B'( PAID CLAIMS. . . • : - • . . . INSR ITFI • . TYPE OF INSURANCE . . • ADDLSUBR' INSR WVD - • POUCY NUMBER - • • ,- - POLICY EPP ) (MM/DD/TYYY) ;POLICY EXP.' iMIAIDD/TYYY1 . " i ammo" - " - . - --' • • • • .-r•°.•••• • - - A rd " COMMERCIAL GENERAL LIABILITY sr - II 'CLAIMS -MADE CA OCCUR II • - Y . Y 1700519476 , 07/30/2019 ._ . • 07/30/2020 • ' -EACH OCCURRENCE . $ 1,000,000.00 DAMAGE TO FtENTED - ' -PREMISES (Es occuriencei .. " $ loo,00lp.po . - MED EXP (Any ono peisan) $ . 6,000.00 ii . .. . _ - ..PERSONAL • s-AD•V• IljuRY•• $ . -.uu,-u00.00• GEN'L AGGREGATE LIMIT ApPLIES PER: n POLICY D. Plei II LOC b OTCIER . " • • . GENERAL AGGREGATE - -• - -$ 2,000,000.00 _ eRoDoGis .compiop-ied s .2,00,000.09.. . — $ B AUTOMOBILE uitaltrry ... : - --.. . . COMBINED SINGLE LIM IT lEs occident). - - • . 4, ., - - in ANY AUTO t SetiouLED BODILY INjURY (pee pints?) $ .. ii IN CALWITVFONLY • • AUTPS BODILY INJURY (Per accident) $ . . 0 HIRED 111 NON -OWNED AUTOSONLY - AUTOS ONLY PROPERTY DAMAGE . (Per accident) - - .• $ • . $ - . c n UP'113146141!PAB ' n OCCUR IIII . EXCESS. LIAR III Cum g-tiAos - Y : Y 20-19390 . . . ' 03/11/2020 . . . • . ' 03/11/3021 •- . , EACH OCCURRENCE . . . .. .. $ 2,000,000.00' : I • $ 000,0.00.00 ' AGGREGATE NI oEO NI RETENTION $ - • • - $ D WORKERS COMPENSATION , AND EMPLOYERS' LIABILITY . YIN ARTNE 'ANY PROPRIETOR/PR/EXEC " OFFICER/MEMBER EXCLUDED? - • LTTIVri (MendatiirrIn NH). $ yes, dStittdbe under. - • DESCRIPTION OF.OPERATIONS bilow NIA . . m PER • - ' sr 0 graTurg EN+ . •EL. EACH ACCIDENT •• E - . $ E.L. DISEASE - EA EMPLOYE $ E.L.DISEA. SE -. POLICY LIMIT - $ E ' , . - • . .. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101,AdditIonslRemirlis SchstItils, If spine mac5 is req.utred) -..: . . • . .. OMNI CRA IS INCLUDED AS ADDITIONAL INSURED ON A PRIMARY & NON CONTRIBUTORY BASIS. CONTINGENT:8 CONTRACTUAL LIABILITY INCLUDED.THEREARE NO EXCLUSIONS FoR•Expi.bsioN, COLLAPSE AND/OR UNDERGROUND HAZARDS. ' - . • .. . CERTIFICATE HOLDER CANCELLATION I OMNI CRA i401 N MIAMI AVE, 2ND FLOOR MIAMI, FL 33136 • - SHOULD ANY OF THE ABOVE DESCRIBED POLICIESSE CANCELLED BEFORE THE EXPIRATION DATE THEREOF; NOTICE WILL BE DELIVERED -IN ACCORDANCE WITH THE POLICYPROVISIONS. - . AUTHORIZED. REFRESENTATIVE - . 'm4:44g2,.--'. • ACORD 25 (2016/03) QF @-19138-2015ACORD CORPORATION. All rights reserved. The ACORD 'name and logo are tegiStired marks Of ACORD AWRL INISISU1 UV lb: HP CERTIFICATE OF LIABILITY INSURANCE DATE (FAIJI*NYY'ry lOneAns . . .. 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 POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES.NOT 'CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE QR PRODUCER, AND THE CERTIFICATE HOLDER.. IMPORTANT: If the certificate holder Ian ADDITIONAL INSURED, the PolICY(Iss) Must hairs ;ADDITIONAL INSURED provislonS or be' endorsed. U SUBROGATION IS WAIVED, subject to the terms and conditions of the policy; certain pellicles inay require an endorsement. •A statement on . • this does not confer rights.to the.certifiCate holder In ffeu Of such endorsernentis).. • . PRODUCER. INNOVATIVE INSURANCE CONSULTANTS INC. 6461 UNIVERSITY DRIVE, 9103 CORAL SPRINGS FL' 33067 BARRY S. GOLDSITEIN 954!.140i9551 kg.T. HAFIRY'S. GOLDSTEIN uvc, IPH°N10,-Eit . 954-340-9551 . FFAx ) 954-3404456 jsv- E4-1—§:lass.. .ARRY@• . 1F). NOV. .ATIVE4K-S1U— Fatt8E;NC6NDbli . . .. . INSURERISI AFFORDING COVERAGE NAM N cinema A :AMERICAN BUILDERS INS, coi 11240 unease INSURER C: .. INDUREDIS: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: RISl0N N BER: THIS IS TO CERTIFY THAT•THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT. CERTIFICATE MAY BE ISSUED OR MAY 'PERTAIN; EXCLUSIONS AND CONornoNS OF -SUCH .. _ OF INSURANCE LISTED BELOW HAVE.BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE TERM .OR COND)110N OFANY CONTRACT OR OTHER DOCUMENT.YVITH RESPECT THE INSURANCE AFFORDED BY .THE POLICIES DESCRIBED HEREIN IS SUBJECT TO POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID. CLAIMS. • . .NsR_ .. POLICY TO ALL . PERIOD. WHICH THIS THE TERMS, • ILTn 1 - - • ' . *PE OF INSURANC• E -- - flkPir ATI, • . . POLICY NU-MBEit ..- • . • I )11PAILIrfYgYF .1 • IMIPMMI ' . . LIMITS - - . ...._ . GEHL COMMERCIAL GeNERAL UABIrry , • •PRODUCTS . EACH OCCURRENCE. - . $ $ z• . i . . ,D CLAIMS-rdADE .. , OCCUR DA)AAGE TO RENTED n fREMISESIEsooeurrencel ,.. AGGREGATE LIMIT APPUES PElt . .. MED EXP (Any one mum In PERSONAL It ADV DUURY ' - GENERAL AGGREGATE POLIO fifa" - LOC - GOPAP)OP Ac74:3 . • •onfee: • AUT ....._ OMOBILE UABILATY ANY ALtro •. oiNNED r AUTOS ONLY I _ tAiff • 1 S ONLY _ . I SCHEDULED AUTOS MIS ' , - COMBLNED SINGLE UMIT LERvFA!4pM-_-_,., $ $ BODILY MAURY Mar 0(411ant , . . .. . .. • BODILY MIRY (Per esciSte)11• 3 ritralMtyni. IpMAGE , 1 . s - • - ' UMBRELLA LAB i 0 . EXCESS UAB CLAIMS -MADE "-- EA CH OCCURRENCE 0 _ . . AGGREGATE .DED I( RETENTION 4 ••••••• A " wonseascopikeismon AND EMPLOYERS: LIAIBUTY ANY. PROPRIETOWPARTNEREXECUTIVE KliggnAVI EA.. CLUDED? Ifye. describe under_ _ _ DESCRIPTION 'OF OPERATIONS . N.'/ A WCV0292414-00 " I.XT WAIVER •. •._ " 1ogozoig 10/01/2020 25_MgE 1 X IP • . • i 3 L • 3,054/014 EL EACHAcoi6ENT' . • , . • ..:_..-..— EL DISEASE • EA EMPLuTem . 1,000,000 - -. .. below .- :, '• EL DISEASE .:POLICT LIMIT 1,000,000 -•-' - . . .. .. .. . .. DESCRIPTION OF OPERATIONS) LocknonstlianCLeS CACORD 10.1, AddIMMil Ftimailm Bckidu/o, may bootlicked If mail: space b requIrrn - - - • CERTIFICATE HOLDER OMNIC-2 OMNI CRA 1401 N MIAMI AVENUE 2ND FLOOR MIAMI, FL 33136 CANCELLATION SHOULD ANY OF THE ABovg DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,: NOflCE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRE.IENTAINg OQA146 ACORD 25 (2015/03) 1958.2016 ACORD CORPORATION. All rights teieried. The ACORD name and logo are registered marks of ACORD RESIDENTIAL & COMMERCIAL 5/20/2020 To Whcm It May Concern: This letter is to clarify that DVG Builders, Inc does not and will not be using personal vehicles for employee transportation. Material delivery will be directly through the vendors/suppliers. Any questions please contact me. 2930 SW 115 Ave Miami, FL 33012 CELL305-506-7308 D.GARCIA@DVGBUILDERS.COM CGC 151 9237 H12415 E3 t. I L PP E R S RESIDENTIAL & COMMERCIAL 1 /20/2020 INSURANCE COI LETTER To Whom lt.May Concern: This letter is to clarify that DVG Builders, Inc. Does not haveany company automobiles under liability policy nor does is have an umbrella policy. Any questions please contact me. Regards, ei Garcia ER/QUAIJFRER 2930 SW 115 Ave Miami, FL.33012 CELL305.506-7308 D.GARCIA@DVGBUILDERS.COM CGC 1519237MHI241E OMNI CRA Morgan's 2829, Inc. Grant Agreement EXHIBIT. D VOLUNTARY AGREEMENT AND CONSENT OF PROPERTY OWNER Document NO. 1.062010_2 This instrument is prepared by: Victoria Mendez, 'General Counsel OFFICE OF THE CITY ATTORNEY City of Miami, Florida 444 S.W. 2 Avenue, 9th Floor Miami, Florida 33130-1910 To be returned to: •Jason Walker, Executive Director OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY 1401 N. Miarni Avenue Miami, Florida 33136 Space ReserFedior Clerk VOLUNTARY AGREEMENT. AND CONSENT OF •PROPERTY OWNER This VOLUNTARY AGREEMENT AND CONSENT OF PROPERTY OWNER j_tA (hereinafter called the "AGREEMENT AND CONSENT") is made and entered into this avolay ofU , 2021, by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, with a principal address at 1401 N. Mianii Avenue, Miami, Florida 33136 ("CRA"), and FRANCENIA H. SCOTT as Trustee of the FRANCENIA H. SCOTT REVOCABLE TRUST, created by instrument dated February 7, 2017 and existing under the laws of the State of Florida, with a principal address of 186 N.W. 86 Street, Miami, Florida 33150 ("PROPERTY OWNER"). WHEREAS, the PROPERTY OWNER is the fee simple owner of the PROPERTY described as follows: The West 28 feet of the North 70 Feet of Lot 16, Block 5, ALICE BALDWIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book B, at Page 87 and Plat Book 6, at Page 43 of the Public Records of Miami -Dade County and that certain area located at 130 N.W. 14 Street, Miami, FL 33136-2616 (Folio No. 01- 3136-009-0580); and WHEREAS, pursuant to the Grant Agreement entered into between the CRA and Morgan's 2829, Inc. ("GRANTEE"), the CRA shall reimburse GRANTEE an amount not to exceed $400,000.00 for the rehabilitation and buildout of the PROPERTY; and WHEREAS, the PROPERTY OWNER has been made aware of the Grant Award and Grant Agreement; and WHEREAS, this AGREEMENT AND CONSENT is an exhibit, attached and incorporated, in Section 9 of the aforementioned Grant Agreement; and WHEREAS, the rehabilitation and buildout of the PROPERTY, including any and all additional property improvements, shall inure to the special benefit and/or gain of the Property and the PROPERTY OWNER; and Document No. 1062910_2 Space Reserved for Clerk WHEREAS, the PROPERY OWNER warrants that there is no mortgage on the PROPERTY; WHEREAS, PROPERTY OWNER voluntarily proffers this AGREEMENT AND CONSENT and agrees that this will be a covenant running with the land and binding upon the PROPERTY OWNER, its successors in interest and assigns; WHEREAS, PROPERTY OWNER warrants that it is authorized to enter into this AGREEMENT AND. CONSENT and that it will not conflict with anyother rights, agreements, encumbrances, or interests on the PROPERTY; NOW THEREFORE, the parties agree to as follows: 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated into this AGREEMENT AND CONSENT. 2. COVENANT RUNNING WITH THE LAND. This AGREEMENT AND CONSENT shall constitute a covenant running with the land and be binding upon the Property Owner, its successors, heirs, representatives and assigns. 3. RESTRICTION. PROPERTY OWNER hereby declares to not sell, assign, pledge, transfer, hypothecate, or dispose of the PROPERTY or anyproprietaryor beneficial interest in the PROPERTY once the first disbursement is made by the CRA to the GRANTEE and for five (5) years after final disbursement is made by the. CRA to the GRANTEE. If within five (5) years the PROPERTY OWNER wishes to sell, :assign, pledge, transfer, hypothecate, or dispose of the PROPERTY or any proprietary or beneficial interest in the PROPERTY, the PROPERTY OWNER shall first obtain the CRA's written approval, which may be withheld by the CRA in its sole discretion, prior to undertaking such sale, assignment, pledge, transfer, hypothecation, or disposition of the PROPERTY or any proprietary or beneficial interest in the PROPERTY. If the CRA provides its written approval to the sale, assignment, pledge, transfer, hypothecation, or disposition of the PROPERTY or any proprietary or beneficial interest in the PROPERTY, the PROPERTY OWNER shall reimburse the CRA the full amount of Grant funds disbursed to the GRANTEE. In the event the PROPERTY OWNER sells, assigns, pledges, transfers, hypothecates, or disposes of the PROPERTY or any .proprietary or beneficial interest in the PROPERTY prior to the termination of this AGREEMENT AND CONSENT and without the CRA's written approval, the PROPERTY OWNER shall be liable to the CRA for the full amount of Grant funds disbursed to the GRANTEE. Document No. 1062010_2 Space Reserved for Clerk 4. TERMINATION. This AGREEMENT AND CONSENT and any obligations of the PROPERTY OWNER (except the duty to indemnify and defend under Section 5 which shall survive the termination of this AGREEMENT AND CONSENT) shall automatically terminate five (5) years after the CRA makes the final disbursement to the Grantee. The PROPERTY OWNER may request in writing that the CRA confirm in writing the date the final disbursement was made to the GRANTEE. 5. INDEMNIFICATION. The PROPERTY OWNER shall indemnify, defend, hold harmless the CRA, its officials and employees (i) from and against any and all third party clainis, liability, losses, and causes of action of any nature which may arise out of this AGREEMENT AND CONSENT or out of the PROPERTY OWNER'S omissions on the part of the PROPERTY OWNER or any of the PROPERTY OWNER'S agents, (ii) from and against any orders, judgments or decrees which may be entered against CRA with respect to this AGREEMENT AND CONSENT or out of the PROPERTY OWNER'S activities under this AGREEMENT AND CONSENT, including all acts or omissions on the part of the PROPERTY OWNER or any of the PROPERTY OWNER'S agents, and (iii) from and against all reasonable out of pocket costs, attorneys' fees expenses and liabilities incurred in the investigation or defense of any such third party claim, to the extent not caused by the gross negligence, bad faith or willful misconduct of the CRA or any of its employees, agents, licenses, permitted, contractors or representatives. The foregoing indemnities shall survive the cancellation, termination, or rescission of this AGREEMENT AND CONSENT. 6. NOTICE. All notices or other communications which shall or may be given pursuant to this AGREEMENT AND CONSENT shall be in writing and shall be delivered' by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever is earlier. To the PROPERTY OWNER: To the CRA: Document No. 1062010 2 FRANCENIA H. SCOTT REVOCABLE TRUST Francenia H. Scott 186 N.W. 86 Street Miami, Florida 33150 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY 1401 North Miami Avenue Space Reservedfor Clerk Miami, FL 3313.6 Attn: Jason Walker, Executive Director With a copy to: OFFICE OF THE CITY ATTORNEY 444 S.W. 2nd Avenue 9th Floor, Miami, FL 33130 Attn: Victoria Mendez, General Counsel 7. RECORDING. The CRA shall, at its own cost, record this AGREEMENT AND CONSENT in the public records of Miami -Dade County, Florida within thirty (30) days of the approval and complete execution of this AGREEMENT AND CONSENT and the Grant Agreement by and between the GRANTEE and CRA. The CRA shall promptly furnish a certified copy of the recorded AGREEMENT AND CONSENT to the PROPERTY OWNER at the address provided in Section 6. 8. AMENDMENTS. No amendment to this AGREEMENT AND CONSENT shall be binding on either party, unless in writing and signed by the authorized representatives of both parties. 9. CONSTRUCTION OF AGREEMENT AND CONSENT, GOVERNING LAW, AND VENUE. This AGREEMENT AND CONSENT shall be construed and enforced in accordance with Florida law without regard to its conflicts of law provisions In the event of litigation, controversies, or legal problems arising out of or as a result of this AGREEMENT AND CONSENT, shall be submitted to the jurisdiction of the State of Florida courts in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The venue shall be Miami -Dade County, Florida Each party shall be responsible for its own attorney's fees, costs, and expenses. 10. WAIVER OF JURY TRIAL. PROPERTY OWNER and the CRA hereby knowingly, irrevocably, voluntarily, and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, claim, or counterclaim based on this Agreement and/or the Project, or arising out of, under, or in connection with this Agreement, the Project, any renewal(s) hereof, any amendment, extension, or modification of this Agreement, or any other agreement executed between the parties in connection with this Agreement, the Project, or any other course of conduct, course of dealing, statements (whether verbal or written), or any other actions of any party hereto. 11. . COUNTERPARTS; ELECTRONIC SIGNATURES. This AGREEMENT AND CONSENT may be executed in any number of counterparts, each of which shall be Document No. 1062010 2 Space Reserved for Clerk deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf and other electronic signatures to this AGREEMENT AND CONSENT shall have the same effect as original signatures. [SIGNATURES APPEAR ON THE FOLLOWING AGE] VEMAINPERQF PAGE INTENTIONALLY 13LAIVKI Document No. 1062010L2 Space Reserved for Clerk. IN WITNESS WHEREOF, the PROPERTY OWNER and the CRA have each caused this AGREEMENT AND CONSENT to be executed and delivered on the date indicated above: Signed, Sealed and Delivered in the presence of WITNESSES STATE OF FLORIDA COUNTY OF MIAMI-DADE ) FRANCENIA H. SCOTT REVOCABLE TRUST Francenia H. Scott 186 N.W. 86 Street Miami, Florida 33150 Before me, the undersigned authority, personally appeared FRANCENIA H. SCOTT, as Trustee of the FRANCENIA H. SCOTT REVOCABLE TRUST; to me well known, or proven by providing the following identification t trtier , to be the persons described in and who executed the foregoing instrument and who acknowledged to and before me that they executed said instrument under oath, and for the purposes therein eXpressed. Witness my hand and official seal in the County and State last aforesaid this 2g day of FRANCES LLOP-NOY 's:Notery Public -State of Florida • *14 Commission # GG-905988 6;» My COMmission Expires August 21, 2023 PRINTED, STAMPED OR TYPED NAME OF NOTARY.PUBLIC My Commission Expires: Document No. 1002010_2 SIGNATURE OF NOTARY PUBLIC Space Reserved for Clerk ATTEST: Todd B. Ha • _ of the Board APPROVED AS TO INSURANCE REQUIREMENTS: Terry M. Digitally signed by Terry M.Quevedo DateQuevedo 2-04' -01 11:33:23 -04'00' By: OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") y: Jason Walk ecutive : ' -ctor APPROVED AS TO FORM AND CORRECTNESS: By: 9412446 ,L.. a/6/e Ann -Marie Sharpe, Director, Victoria M6nda, General Counsel Risk Management Department Document No. 1062010_2 XEA 18-2582 EXHIBIT E CORPORATE AUTHORIZATION Document No. 1062010 2 OMNI CRA Morgan's 2829, Inc. Grant Agreement CERTIFICATE OF AUTHORITY STATE OF FLORIDA ) SS / EIN: 80-0447501 COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that a meeting of the members of MORGANS, INC a Florida for -profit Comoration (the "Company"), whose mailing address is 28 NE 9th StreeyMiam, FL 33137 organized and existing under the laws of the State of Florida held on 020, the following resolution was duly passed and adopted: "RESOLVED; that; Barclay A. Graebner; a Manager of the Company be and is hereby alithotized to execute all Grant agreement, each made by the Omni Redevelopment District Comniunity. 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. IN WITNESS WHEREOF, the undersigned has hereunto set its hand as of the day and year first above wntten (Printed typed or stamped coinmissioned) MORGANS 2829,. INC. a Florida For-;tro vrporation By Print Name: Barclay A. Graebne Title: Manager Sworn to and subscribed before me this day of September 20 , y Barclay Graebner as Manager of MORGANS 2829, INC. on behalf of said entity who is ( personally known by me or has provided the following identification. Nobly Public -Stale of FL My COmmIsslon MG 340452 . tAy Coon ine 02: 2023 (Printed, typed or stamped commissioned Notary Stal My coi ission exi a4ei og, .?48,5 DIVISION OF CORPORATIONS 40.000111110.1s.0001MINIMINift JI YI IfA I Of (-)R� tr) f (0)! (J uu oar lur 1rr,,• ,•l 17,',1.1,1 n, Department of State / Division Qf CQrporalonS / arch Records / Searchby Entity Name / Detail by Entity Name Florida Limited Liability Company MORGANSI4 ST LLC Filing Information Document Number L18000181594 FEI/EIN Number N/A Date Filed 07/30/2018 State FL Status INACTIVE Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/25/2020 Event Effective Date NONE Principal Address 130 NW 14 ST MIAMI, FL 33136 Mailing Address 28 NE29 ST MIAMI, FL 33137 Registered Agent Name 8 Address EFFS, RICHARD 28 NE 29 ST MIAMI, FL 33137 Name Changed: 10/18/2019 Authorized Person(a) Detail Name & Address Title MGR GRAEBNER, BARCLAY 28 NE 29 ST MIAMI, FL 33137 Title MGR EFFS, RICHARD 28 NE 29 ST MIAMI, FL 33137 Annual Reports Report Year Filed Date 2019 10/18/2019 Document Image 1Q1tera19 - REINSTATEMEKT View image in PDF format ) 07/30/2018 — Florida Limited Liability View image in PDF burnt J Florida Department of State, DMsan of Corporations 9/14/2018 DeWI by EtM!ty Nemo Qsflii!Vmtnt W. Salt / tkr.ut a:i.alta[tti3c.! / isnu.Baut:at / t 11Lwr�r�rt:[�t l ON^ 10.13 http://search.sunbiz.orgfinqulry/CorporationSearch/SearrhResuttDetail?inquirytype=EntityNameddirectionType=lnNlalgsearchNemeOrder=MORGANS.. 1/2 9/14/2018 Detail by Entity Name Detail by Entity Name Florida Limited Liability Company MORGANSI4 ST LLC fltinelnfonnatiion Document Number L18000181594 FEIIEIN Number NONE Date Filed 07/30/2018 State FL Status ACTIVE EdnsiliesLAdsleats 130 NW 14 ST MIAMI, FL 33136 Mailtno Addossa 28 NE29 ST MIAMI, FL 33137 @aplatered Ay oat Name 8 Address EFFS, RICHARD 28 NE 29 ST MIAMI, FL 33137 Authorized Person(*) Detail Name & Address Title MGR GRAEBNER, BARCLAY 28 NE 29 ST MIAMI, FL 33137 Title MGR EFFS, RICHARD 28 NE 29 ST MIAMI, FL 33137 Annus[limas No Annual Reports Filed Document Imam Volpe erg w PLY lswp http://seam.sunblz.orgfinqulry/CorporaGonSearch/SearchResultDetail?Inquirytype=EntityName&directionType=initial8searchNemeOrder4AORGANS, .. 2/2