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HomeMy WebLinkAbout23450AGREEMENT INFORMATION AGREEMENT NUMBER 23450 NAME/TYPE OF AGREEMENT OMNI CRA & 1401 GROUP, LLC DESCRIPTION BUSINESS GRANT AGREEMENT/LOAN TO BUSINESS ENTITIES FOR PROPERTY RENOVATIONS FOR RESIDENTIAL USE/CRA-R-19-0041/MATTER ID:21-1425 EFFECTIVE DATE August 10, 2021 ATTESTED BY NICOLE EWAN ATTESTED DATE 8/10/2021 DATE RECEIVED FROM ISSUING DEPT. NOTE BUSINESS GRANT AGREEMENT BY AND BETWEEN THE. OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND 1401 GROUP, LLC. THIS BUSINESS GRANT AGREEMENT is entered into as ofthee/day of U,s ; 2021 by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, with -a principal address at 1401 N. Miami Avenue, Miami, Florida 33136 ("CRA"), and 1401 Group . LLC., a for -profit Florida corporation with a principal address at 1401 North Miami Avenue Miami, FL, 33136 (GRANTEE") RECITALS WHEREAS, GRANTEE submitted a grant application and proposals directly to the CRA requesting Fifty Thousand Dollars ($50,000,00) to underwrite the cost associated with the renovation of its property for residential use within the boundaries of the CRA; and WHEREAS, the CRA through CRA=R-19-0041, adopted October 30t`; 2019, by the Board of Commissioners of theCRA, attached and incorporated as Exhibit "A" ("Authorizing Resolution"), has authorized a Business Grant Program ("Program"-) for the purposes of business development in the OMNI Redevelopment Area ("Area"); and WHEREAS, pursuant to the Authorizing Resolution, the Program authorizes the Executive Director of the CRA ("Executive Director") to disburse funds from the Program ("Grants"), at his discretion, on a reimbursement basis or directly to vendors upon presentationof invoices and satisfactory documentation to qualifying businesses; and WHEREAS, GRANTEE and the CRA wish to enter into this Agreement to set forth the terms and conditions relating tothe use by GRANTEE of a grant in the not to exceed amount of Fifty Thousand Dollars ($50,000.0.0) ("Grant") for the Project as defined below; Page 1 of 18 NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: THE GRANT RECITALS. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. GRANT. Subject to the terms and conditions set forth herein and GRANTEE's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the GRANTEE the Grant to be used for the purpose and Project (as defined below), and as disbursed in the manner hereinafter provided. USE OF GRANT, The Grant shall be used by GRANTEE as follOWs: to underwrite some of the costs to provide upgrades and repairs to the property located within the CRA ("Project"), as described m Exhibit "B", attached and incorporated herein by this reference, which includes GRANTEE's CRA BuSiness Incentive and ASsistance Application. COMPLIANCE WITH POLICIES AND PROCEDURES. GRANTEE nnderstarids 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 arid agrees to comply with such requirements, and represents and warrants to the CRA that the Grant shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof Without limiting the foregoing, GRANTEE represents and warrants that it will comply with, and the Grant will be used in accordance with, all applicable federal; state; and local &ides, laws, rules and regulations. RECORDS, INSPECTIONS, REPORTS/AUDITS AND EVALUATION. To the extent required by law, the Inspection and Audit provisions set forth in Sections 18,101 and 18-102 of the Code of the City of Miami, as amended ("City Code"), are deemed as being incorporated by reference herein and additionally apply to this Agreement GRANTEE understands; acknowledges; and agrees that: Page 2 of 18 (a) the CRA must meet certain record keeping and reporting requirements with regard to the Grant and that in order to enable the CRA to comply with its record keeping and reporting requirements, GRANTEE shall maintain all records as required by the CRA; and (b) at the CRA's request, and no later than thirty (30) calendar days thereafter, GRANTEE Shall deliver to the CRA such reports and written statements relating to the use of the Grant as the CRA may require from time tci time; and (c) all costs and expenses of the Project shall be at actual cost with no markups; and (d) the CRA shall have the right to conduct audits of GRANTEE's records pertaining to the Grant and to visit and to inspect the Project, in order to conduct its monitoring and evaluation activities, and that GRANTEE shall cooperate with the CRA in the performance of these activities; and (e) GRANTEE's failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. REVERSION OF ASSETS. Upon the expiration, termination, or cancellation of the term of this Agreement, any unspent Grant funds shall immediately revert to the possession and ownership of the CRA and GRANTEE shall transfer to the CRA all unused Grant finds at the time of such expiration, termination, or• cancellation. INSURANCE REQUIREMENTS: Insurance Requirements for the Project are attached and incorporated herein as Exhibit "C". DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this Agreement, and at the time of execution of this Agreement, the CRA shall make available to GRANTEE, on a reimbursement basis, an amount not to exceed Fifty Thousand Dollars ($50,000.00) in Grant funds. Payments will be made only after GRANTEE has submitted to the CRA and the CRA has received and approved in writing such Project specific invoices, (a) which shall be accompanied by sufficient supporting documentation and contain sufficient details, to constitute a "Proper Invoice" as defined by Florida Statutes Section 218.73 and 218.74, and (b) which are subject to verification by the CRA of acceptable work product for the Project. In no Page 3 of 18 event shall payments to GRANTEE under this Grant Agreement exceed Fifty Thousand Dollars ($50,000.00), nor shall Grant funds be used in any form inconsistent with the terms, conditions, obligations, and requirements contained herein. TERM. The term of this Agreement shall commence on the date first above written and shall terminate upon full disbursement of either (a) Fifty Thousand Dollars ($50,000.00) or (b) such lesser amount should the final completion of the Project not require the entire not to exceed amount of Fifty Thousand Dollars ($50,000.00) from the Grant; provided, however, that all rights of the CRA to audit or inspect, to require reversion of assets, to enforce representations, warranties and certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees, expenses, and costs shall survive the expiration or earlier termination of this Agreement. REMEDIES FOR NON-COMPLIANCE. If GRANTEE fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms, conditions, obligations, or requirements contained herein, then the CRA shall have the right to take one or more of the following actions, irrespective of any remedies available to it in law and/or equity: (a) Withhold cash payments, pending correction of the deficiency by GRANTEE; (b) Recover payments made to GRANTEE; (c) Disallow (that is, deny the use of the Grant for) all or any part of the cost for the activity or action for the Project not in compliance; (d) Withhold further awards for the Project; and (e) Take such other actions and/or remedies that may be legally permitted. NON-DISCRIMENATION. GRANTEE, for itself and on behalf °fits contractors and sub- contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability in connection with its performance under this Agreement. Furthermore, GRANTEE represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability be excluded from the participation in, be denied benefits of, or be subjected Pap 4 of 18 to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. • CONFLICT OF INTEREST. GRANTEE has received copies of, or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by GRANTEE. GRANTEE covenants, represents and warrants that it will comply with all applicable conflict of interest provisions including, but not limited to, the: (a) Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. CERTIFICATIONS RELATING TO TILE 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. MARKETING. (a) GRANTEE shall consult with the CRA's Executive Director regarding all uses and displays of the recognition of the CRA. Pag0 5 of 18 (b) GRANTEE shall prominently display signage acknowledging the CRA's Grant contribution to the Project at GRANTEE's primary place of business, and for a period of two (2) years after expiration of this Agreement. (c) GRANTEE shall produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Project, in all forms of media and communications created by GRANTEE in relation to this Agreement and/or the Project, for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purposes, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or postings, or interviews. (d) The CRA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. (e) GRANTEE further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in GRANTEE's use of the CRA's name and logo, confers or may be construed as conferring GRANTEE any right, title, or interest whatsoever in the CRA's name, identifying information, and logo beyond the limited right granted in this Agreement. DEFAULT. If GRANTEE fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then GRANTEE shall be in default Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to GRANTEE while GRANTEE was in default shall be immediately returned to the CRA. GRANTEE understands and agrees that termination of this Agreement under this section shall not release GRANTEE from any obligations accruing prior to the effective date of tennination. 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 Page 6 of 18 provisions of this Agreement. My liability of the CRA and of the City under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. SPECIFIC PERFORMANCE. In the event of breach of the Grant Agreement by the CRA, the GRANTEE may only seek specific performance of the Grant Agreement and any recovery shall be United to the actual amount Of the Project costs not to exceed the amount of Grant funding authorized for the Project In no event shall the CRA be liable to GRANTEE for any additional compensation, other than that provided herein, or for any consequential or incidental damages; INDEMNIFICATION OF THE CRA AND THE CITY. GRANTEE hereby agrees to indemnify, protect, defend; save, release, and hold harmless the CRA, the City; and their respective officers, employees, agents, representatives, and principals from and against any and all *inn; 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 nen-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 princijraLs. DISPUTES. In the event of a dispute between the Executive Director of the CRA and GRANTEE as to the terms and conditions of this Agreement, the Executive Director of the CRA and GRANTEE shall notify each in writing of the dispute and proceed in good faith to resolve the dispute within thirty (30) calendar days of such written notice. If the dispute is not resolved within such thirty (30) calendar days, the dispute shall be submitted to the CRA's Board of Commissioners ("Board") for resolution within ninety (90) calendar days thereof, or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the parties. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe, or amplify the terms and provisions of this Agreement or the scope or intent thereof. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the Page 7 of 18 parties. There are no collateral or oral agreements or understandings between the CRA and GRANTEE relating to this Agreement or the Grant and/or Project Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect This Agreement shall not be modified in any manner except by an instrument in writing executed by the authorized representatives of the parties. The CRA's authorized representative is the Executive Director. GRANTEE's authorized representative is Pedro Topete in accordance with GRANTEE's corporate authorization, attached and incorporated as Exhibit "D", which includes GRANTEE's Corporate Status Update, CONSTRUCTION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement COVENANTS. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. CONFLICTING TERMS. In the event of conflict between the tents Of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing by the non -breaching party. 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 Page 8 of 18 to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. NO THIRD -PARTY BENEFICIARY RIGHTS. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by the authorized representatives of both parties. OWNERSHIP OF DOCUMENTS. Upon request by the CRA, all documents developed by GRANTEE shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. GRANTEE agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CRA to GRANTEE pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by GRANTEE for any other purposes whatsoever, without the written consent of the CRA. AWARD OF AGREEMENT. GRANTEE warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. NON-DELEGABILITY. The obligations of GRANTEE under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld• by the CRA, in its sole discretion. 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 Page 9 of 18 Of or as a result of this Agreement and/or the Project, shall be submitted to the jurisdiction of the State ofFlorida courts in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The venue shall be Miami -Dade County, Florida. Each party shall be responsible: for its own attorney's fees-, costs, and expenses. Moreover, GRANTEE acknowledges that it shall adhere to any and all state, local, and federal laws, rules and regulations in undertaking the Project and in complying with this Agreement, to include the Code of the City of Miami, Florida; as amended. WAIVER OF JURY TRIAL7 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 ofconduct, course Of dealing, statements (whether verbal or written); or any other actions of any party hereto. This waiver is a material inducement for the CRA and the GRANTEE to enter into this AgreeMent. TERMINATION OF CONTRACT FOR CONVENIENCE. The CRA retains the right to terminate this Agreement at any time for convenience, without penalty to the CRA. In that event, the CRA shall give five (5) days Written notice of termination to gRANTEE. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in Writing and shall be delivered by personal seniice, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth (5th) day after being posted, or the date of actual receipt, whicheVer is earlier. TOCRA Onuii Redevelopment District Community Redevelopment Agency 1401 North Miami Avenue Miami, FL 33:1.36 Attn: Executive Director With a copy to: Page 10 of 18 Office Ofthe City Attorney 444 S.W: 2nd Avenue, 9th Floor Miarni, FL 33130 Attn: Victoria Mondez, General Counsel To GRANTEE: Attn: Pedro Topete 1401 Group 140 I North Miami Avenue Miami, Florida 33136 INDEPENDENT CONTRACTOR GRANTEE, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CRA, or any rights generally afforded its employees, fitrther, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CM. SUCCESSORS AND ASSIGNS . This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns, AUTHORITY. Both the CRA and GRANTEE certify that each possesses the legal authority to enter into this Agreement A resolution, motion or similar action has been duly adopted as an official act of each party as a governing body, authorizing the execution of this Agreement, and identifying the official representative Of each to act in connection herewith and to provide such additional information as may be required by the terms of this Agreement. PUBLIC RECORDS GRANTEE understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the CRA, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and GRANTEE agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. GRANTEE' s failure or refusal to comply Page 11.of 18 with the provisions of this section shall result in immediate termination of the Agreement by the CRA. Pursuant to the provisions of Section 119.0701, Florida Statutes, GRANTEE must comply with the Florida Public Records Laws, specifically the GRANTEE must: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by. law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the GRANTEE upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the CRA in a format compatible with the information technology systems of the public agency. GRANTEE agrees that any of the obligations in this section will survive the term, termination and cancellation hereof.• IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE Page 12 of 18 ' --.••••• • CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-679-6870, IJONES@MIAMIGOV.CONI, AND 1401 NORTH MIAMI AVENUE, MIAMI, FLORIDA 33136. SURVIVAL. All obligations (including but not limited to indemnity and obligations to defend, release, and holdharmless) and rights of any party arisingduring or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. COUNTERPARTS, ELECTRONIC. SIGNATURES. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same. instrument. Facsimile, .pdf and other electronic signatures to this Agreement shall have the same effect as original signatures. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] {Remainder of Page Intentionally Left Blank} Page 13 of 18 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized as of the day and year above written. ATTEST: By: Name: FYre�j Uo�'—Nrrti ATTEST: odd :. Hannon, Clerk of the Board APPROVED AS TO INSURANCE REQUIREMENTS: 1401 Group LLC. OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163 356, Florida Statutes ("CRA") By: Jason W Executive Director APPROVED AS TO FORM AND CORRECTNESS: GomDigitally signed by Gomez, Frank ez, Date: 2021.011.05 �- y wL ' ,/ 13:28:43 PL l 71 1 B 6 B gy; Frank.,.�, By: ,,, / Ann -Marie Sharpe, Director, Victoria Mendez, General Counsel Risk Management Department Matter ID: 21-1425 DJ.G. Page 14 of 18 EXHIBIT OMNI CRA4t7194)041, adopted October 301, 2019 Page 15 018 8/3/2021 CRA-R-19-0041 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY ... Miami FL OMNI CRA Resolution CRA-R-19-0041 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") ALLOCATING $750,000.00 TO A BUSINESS GRANT PROGRAM FOR THE PURPOSES OF BUSINESS DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA FROM ACCOUNT NO. 10040.920501.883000; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS SOLELY IN HIS DISCRETION AS A GRANT, A LOAN TO BUSINESS ENTITIES, ON A REIMBURSEMENT BASIS TO BUSINESS ENTITIES, OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND/OR SATISFACTORY DOCUMENTATION TO QUALIFYING BUSINESSES IN ORDER TO DISBURSE FUNDS AS STATED HEREIN SUBJECT TO THE AVAILABILITY OF FUNDS; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN. Information Department: Category: Attachments OMNI Community Redevelopment Agency Grant Agenda Summary and Legislation 6721 2020 Business Incentive Grant Application 6721 2020 Business Microgrant Application Sponsors: Body/Legislation WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Omni Redevelopment Area ("Area") in accordance with the 2010 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, C., D-1, at page 41 of the Plan; Section 4.4, D., A02, at page 42 of the Plan; and Section 4.4, E., D-7, at page 42 of the Plan all list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives; and WHEREAS, Section 5 of the Plan titled "Projects and Strategies" also authorizes the CRA to further authorize "small business development through the creation of financial resource pools"; and WHEREAS, Page 97 of the Plan also authorizes the CRA to engage in the "encouragement of small business opportunities in the redevelopment area"; and WHEREAS, the Board of Commissioners of the CRA has previously allocated funds to programs that rehabilitate facades, small business improvements, and improvements to the quality of life within the Area; and WHEREAS, these programs have all been successful and have accomplished the goals and objectives of the Plan; and miamfFl igm2.com/Citizens/Detail_LegiFile.aspx7ID=6721&highlightTerms=CRA-R-19-0041&Print=Yes 1/2 8/3/2021 CRA=R-19-0041 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY :.. . WHEREAS, the Board of Commissioners wishes to allocate an additional $750,000.00 to a Business Program ("Program") to continue withsimilar programs in. the Area;. and WHEREAS, funds are available from Account No. 10040.920501.883000 for the Program, 2019-2020 Omni CRA budget line item 33 page 5; and WHEREAS, the Executive Director is requesting authority to disburse funds from the Program to eligible participants as a grant, as a loan, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation without theneed for further approval from the Board of Commissioners and within the Executive Director's sole discretion; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preambleof this Resolutionare adopted by reference hereto and incorporated hereinas if fully set forth in this Section. Section 2: The Program is hereby established with funds in the.. amount of $750,000.00 allocated from Account No. 10040.920501.883000,2019-2020 Omni CRA budget line item 33 page 5: Section 3. The Executive Director is authorized to disburse funds in his sole discretion as either a grant a loan, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation to qualifying businesses:. Section 4. The Executive Director isauthorized to negotiate and execute any and all documents necessary to effectuate the Program, all in a form acceptable to the General Counsel. Section 5. This Resolution shall becomeeffective immediately upon adoptions: Meeting History. Oct 30, 2019 5:00 PM OMNI Community -. Redevelopmnen Agency Regular Meeting RESULT:. ADOPTED [UNANIMOUS] MOVER:. Wifredo (Willy) Gort, Board Member, District One SECONDER: Keon Hardemon, Vice Chair, District Five AYES: Ken Russell, Keon Hardemon, Wifredo (Willy) Gort ABSENT: Joe Carollo, Manolo Reyes Select Language Powered by:Goigle Translate miam1fl:Igm2.com/Cltizens/Detail LeglFlle.aspx7ID=6721&highllghtTerms=CRA R-19-0041&Print=Yes EXHIBIT B- PROJECT DESCRIPTION Page 16 of 18 sat° Omni CRA 2019-2020 CRA Business Incentive & Assistance Program Program Guidelines • Procedures • Application Program Description° The CRA Business incentive & Assistance Program assists qualified business or property owners with building and property improvements that are directly related to opening of a new business, improving an existing business, remedying code violations, providing ADA access, assisting existing businesses struggling due to blight or natural disasters and eliminating blighting neighborhood conditions in the targeted areas of the Omnl CRA. Business incentive & assistance funds may be used for improvements to properties that are not eligible for grant funding from other sources available in the area, or to supplement grant funds awarded by other agencies. Funds may not cross Omni CRA District Boundaries and are targeted at specific areas in the Omnl CRA District. This program is a match assistance program requiring a 25% match from the property or business owner. The program has a project cap of $200,000. In addition to the required private match, the grant recipient is responsible for ati project costs that exceed $200,000 provided by the CRA. The CRA may recommend and approve business funding at a lesser amount than requested. Awards are given subject to the availability of funds and based on priorities outlined below. Funds from this program are paid on a reimbursement basis or directly to the contractors performing the work upon the provision of satisfactory invoices to the CRA. Ali Grantees requesting grant funding must have at least three estimates from different Florida licensed general contractors. Program Areas and Priorities: While both Downtown Miami and the Wynwood area have benefited from the boom in commercial and residential development, areas within the CRA district have not seen the benefit of this investment. Various business corridors of the Omni CRA suffer from neglected properties and a general aesthetic that is not conducive for businesses to thrive in the community. The Omni CRA has prioritized improvements to properties within the limits of the boundaries of the entire Omni CRA district (see In the Omni CRA, priorities Include projects that can use CRA funds to leverage other public and private investments and bring new business and restaurant/entertainment venues to distressed areas. in addition, this program seeks to bring needed improvement to the Multi -family residential units within the program boundaries. Since buildings with a high level of vacancy are eligible, the requirement of Certificates of Use, Occupational License and Fire Fee for each business location will be waived. Property owners using these funds cannot sell building for a period of five (5) years after rehabilitation work is complete. If the building is sold during the five-year period, the building owner will repay funds in full. Funds will be guaranteed by lien, mortgage or deed covenant tied to the property. All work must meet local neighborhood building/appearance codes and performed with applicable permits and inspections. Eligibility These funds are usually not made for routine maintenance and should be part of a larger scope of improvements to the property or area. Additionally, the property should have an active or soon -to -be active business or residential use located on the property. Businesses who receive Business incentive funds must create one full-time or equivalent job for every $30,000 In awarded grant funds. Completion: All projects shall be completed within a 6-month period from the date the contract is signed. Extensions beyond the 6-month completion date can only be made with the approval of the CRA Director. Such approval shall be in writing and noticed to all parties. Project Procedures! CRA= CRA Staff,• CNTR = Contractor; PROP = Property Owner; TNT = Tenant A) Application Process CRA meets with Tenant and/or Property Owner, verifies that the property is an eligible address and that the tenant/business and the improvements meet basic criteria for the CRA Business Incentive & Assistance Program. 1. Review Tenant Business Model — CRA 2. Review Improvement Activities funded by the program (Eligible Activities List) — CRA, TNT, PROP 3. Eligible Scope of Work and Budget is Prepared — CRA, TNT, PROP 4. Tenant and Property Owner prepare Application, attach Scope and Budget — TNT, PROP 5. BEFORE pictures are taken — CRA, TNT 6. Application is reviewed —CRA & CRA 7. letter of Grant Award or denial Is sent to Property Owner and/or tenant - CRA B) Contract Process A Contract outlining all conditions of receiving the grant, scope of work and all insurance requirements. Additional documents such as sub -contractor lists (for release of lien) and Work Authorization Form are used for project monitoring. 1. Tenant or Property Owner secures pricing (3 bids) and selects contractor (lowest bid wins) — TNT, PROP & CRA 2. Tenant submits contractor list and copies of estimates to CRA—TNT 3. DMP Prepares Contract with Scope of Work as exhibit — CRA 4. Contract is executed — CRA, TNT, CNTR 5. Work Authorization Form is executed — CRA, TNT, PROP 6. CRA may give 30% to the Contractor to begin the work (This amount is subject to the discretion of the CRA and may be amended) 7. Permits are pulled and work begins — TNT, CNTR 8. CRA monitors progress — CRA C) Project Completion Contractors are pald after all liens are released, the building permit is closed and a final invoice is submitted. 1. AFTER Pictures are Taken — TNT 2. Release of Lien letter for each contractor is obtained — TNT, CNTR 3. Closed Permit Report submitted —TNT, CNTR 4. Final Invoice Submitted for payment — CNTR 5. CRA makes the final payment to the Contractor Payment (2-4 weeks) — CRA Onln, CRA $uvriees Inarnt.ve & Assistance Program 2019 - 2020 Eligible Improvements: The general rule of thumb for improvements is that the improvement should remain with the property. Where special cases arise, the CRA staff will render a decision. Grant funds cannot be used for Fixtures, Furniture or Inventory. Generally acceptable improvements Include but is not limited to: • Paint/Pressure Clean • Signage • Tile • Masonry/Stucco • Outdoor Hardscape Improvements (Fountains, Walkways, Pavers, Fencing, etc.) • Outdoor Landscape • Outdoor Lighting • Windows/Doors • Awnings • ADA Compliance (Restrooms/Entrances) • Interior Renovations or Buildout • Plumbing Upgrades • Mechanical Upgrades • Electrical Upgrades • Life/Safety (Fire) System Upgrades • Grease traps Contractor Requirements: All Contractors, working in the CRA Business Incentive & Assistance Program including Painters, Awning Companies, Shutter Companies, and Sign Companies must provide copies of the following documents when providing an estimate/bid for the project: 1. Contractor Certificate of Competency or License 2. Contractor's Current Liability Insurance Certificate and Workers Compensation Certificate. If exempt from Workers Comp Contractor must provide copy of exemption for each employee that will be working. NOTE: If awarded a contract, both Insurances must have the CRA as the Certificate Holder with the address: 1401 N. Miami Ave., Miami FL 33136 and the Liability insurance MUST have the CRA as additional insured 3. Contractor and Manufacturer's Warranty (if applicable) 4. Building permit, Special Permit or Certificate of Compliance (except paint jobs) 5. Release of Lien (provided by CRA or Property Owner or Tenant) NOTARIZED Recipient will post and maintain In good condition a sign substantially similar to the sign hereto at the entrance of the Premises from the Effective Date (as defined herein) until three hundred sixty five (365) days after the Completion Date. t?rn. t RA Business incentive & Assistance Plagrpm 2019 1020 CRA Business Incentive & Assistance Application Applicant Contact Information F; re (muse Mew ice 4- Business Name Contact Name Pe clr G -V,ce ire Mailing Address 11101 N mi(x../i Ave,, lei c leo: M i nwl i , c i. 33t v,„, Telephone (o4b - 9S .- 4419 Fax Email Property Ownership and Corporation p1o.♦ope4eQ4'weVtcuse_r ket.c,o41 Information • Corporation Name 'TENANT- No Group. L.LC LAN►> e, - OMM1 call. Mailing Address 'W01 111. Mtp.w,i Ave_ fAi pm 1, FL 331340 Corporation Officers & Titles PEAic TcF 4. 4.e - Mngt AtoKbe. bjlioo. Kvatt'►n: na - Mnsr. Date & State of Incorporation Feb .24 . to13 F1air; Att. Tax ID# Project Location & Scope 52-0,2044 'µlee N, A iCwr,• A.e. i sl Tter; Wa.v.At , T; L :33 tlb Project Address Folio# Ol 313i'.OtS ii40 Year Built 11135 Leased Retail (Sq. Ft.) y� 84(p Total Retail (Sq. Ft.) 4, $y(, Description of the business Feoet 11Q1)1 veA vice letloaer, i. vtaniov space /.-105 (4.1A 1 boar Scope of Work for entire project. Fo i ( in{ t ri ov bul let - :A , i:n t UA i v, 5 wa1t% coon{ev5, ba{lnrcoevis low•b1�1 � g, e I cd ii G. l , wle tlnA,,, ca I upyaAe %. e x..t4tun l syc-(e A4 , ksiclic.1 eguirv,P0 Jr, POS sy4-tAn, c4a1a cab(' ec.a•4.,tM, kv.04%flirt, •ai•t1J(C1 tie“fitA F1K eS , Ile 4-Se4rr+e Estimated Costs for entire project Gee. atkac Lei be)Ae k , N c,,, c h 2oz U Estimated I Completion Date J idly .202 Estimated Start Date 2021 Omni CRA Business Incentive & Assistance Program Scope of CRA-Funding Request Description of Item Estimated Cost • Iw'TIWtcv bv1 ld-cc'} per 8e(uvvlevliS a• acLed Regvvs4 ret�bursP•�ne,n� • 10. 1. 044, 69 0 2. 3. 4. 5. 6. 10. TOTAL Acknowledgements As a current business owner in this community or a business seeking to improve business in this community, I wish to participatekthe OMNI CRA BUSINESS ASSISTANCE MICROGRANT. I acknowledge that I have received a copy of Microgra4Grant Program Procedures and will comply with all requirements should I be awarded a gran Sign / Print No i 1 of Bu ness Owner l iatvo Fe-6 Date I acknowledge that Tenant, is seeking assistance using the OMNI CRA BUSINESS ASSISTANCE & INCENTIVE GRANT PROGRAM and that the general terms of their lease conform to the terms above. Should the applicant win a grant award, 1 understand that funds will be used to make improvements to my property. Sign / Print Name of Property Owner 2O21 Omni CRA Business Incentive & Assistance Program Date / jet Omni C 11 A Business Improvement Grant Award Criteria The Omni CRA's mission to prevent conditions giving rise to slum and blight, to reduce crime, and to improve the quality of life for residents and visitors to the Redevelopment Area, makes the Business Improvement Grant Program an important tool in improving the district. Grants are generally awarded on a rolling basis as funding permits and the program is renewed each fiscal year. Omni CRA's Business Grant Applications are reviewed by CRA staff and recommended to the Executive Director for award based on a set of criteria, including but not limited to neighborhood of the business, specific commercial corridor of business, ownership of the property, historical track record of the business owners, employment projections and/or track record of the business, ability for business to attract visitors to the neighborhood, long term vision and connection to the neighborhood, ability of business to serve unmet needs of residents and stakeholders in the neighborhood, activation of underutilized spaces throughout the neighborhood, previous grants awarded to and projected aesthetic or street level improvements. Each project application is judged by the Executive Director on its individual merits, and how it fits into the CRA's dynamic vision for improvement of the neighborhood. Name of Business: 1401 ro u p L LC . Date of Application: 60 f 21 Executive Director's Notes: ApprovecA for AtSo,coo . I do hereby approve this business as a grant awardee. 1\7 14 M Jason Iker, Date Executive Director, Omni CRA Omni Community Redevelopment Agency Ken Russell, Chairman Jason Walker, Executive Director 1401 N Miami Ave. Miami, FL 33136 www.omnicra.com 305.679.6868 EXHIBIT C- INSURANCE REQUIREMENTS Page 17 of 18 I; INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE GRANTEE REQUIREMENTS BUSINESS GRANT. AGREEMENT 1401 GROUP LLC Commercial General Liability V A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit. $ 2,000,000. Products/Completed Operations $ 1,000,000.. Personal and Advertising Injury $1,000,000 B Endorsements Required City of Miami listed as an Additional Insured OMNI CRA listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement. II. Business Automobile Liability A. . Limits of Liability. Bodily Injury and Property Damage. Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B Endorsements Required City of Miami included as an Additional Insured OMNI CRA listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability. A. Limits of Liability $1,00.0,0.00 for bodily injurycaused 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 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than :"A." as to 'management, and no less, than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, 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. INSURANCE REQUIREMENTS .FOR A CERTIFICATE OF INSURANCE CONSTRUCTION REQUIREMENTS BUSINESS GRANT AGREEMENT 1401 GROUP LI* Commercial General Liability A Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements.Required City of Miami- listed as an Additional Insured OMNI CRA listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement $ 2,000,000: $,1,000;000 $1,000;000 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 of Miami included as an Additional Insured OMNI CRA listed 'as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy (Excess. Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 Aggregate $ 1,000,000 City of Miami & OMNI CRA listed as an additional Insured. Coverage is excess follow form over all liability polices contained herein. V. Owners & Contractor's Protective Each Occurrence $1,000,000 General Aggregate $1,000,000 City of Miami & OMNI CRA listed as the named insured VI Payment and Performance Bond $TBD City & OMNI CRA listed as obligees VII. Builders' Risk Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible:=$25000 All other Perils. 5% maximum on Wind/Hail and Flood City of Miami & OMNI CRA listed as loss payees A. Coverage Extensions: Asprovided by. carrier The above policies shall. provide the City of Miami with written notice of cancellation or material change from the insurernot 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, bythe latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick,New Jersey, or its equivalent. All policies and /or certificates ofinsurance are subject to review and verification by Risk Management prior to insurance approval. Allstate. You're En good lands CI CW A02 10 11 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to. the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and the. Named Insured: The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder. CITY OF MIAMI & OM_NI CRA 444 SW 2ND AVE 4TH FLOOR MIAMI, FL USA 33130 Named lr>sured: ATLANTIC COAST RESTAURANT & MECHANICAL SERVICES, LLC; DADE 7700 NW 37TH AVE MIAMI FL 33147-4423 . . Automobile Liability Insurer Name: Allstate Insurance •Cornpany . Policy Number -648913192 1 - Any Auto . ' . 2 - Owned Autos Only 3 - Owned Priv. Pass. Autos Only.: 4 -.Owned Autos Other Than Priv, Pass; Autos Only X 5 :Owned Autos Subject to :No Fault . . . 6 - Owned Autos Subject to a Compulsory UM Law X 7-Specifically Described Autos X 8 - Hired Autos.Only. X ,9 _ Nonowned Autos. Only _ Policy Effective_Date : 11- 01.- 2 02 0_ Policy Expiration Date: 11-.01- 2 021 Limits of Insurance: $1, 000, 000 Combined Single Limit (each accident) BI Per Person BI PerAccident. PD Per Accident Description of Operations/LocationsNehides/Endorsements/Special Provisions • InterestedPartyTypet Additional•Insured - All Other THIS CERTIFICATE DOES NOT GRANTANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. . IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST ;EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY. LANGUAGE OR ENDORSEMENT. Producer. BROWN & BROWN OF, FORT LAUDERDALE Authorised Representative: Date: 07-21-21 BU114-3 CI CW A02 10 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission Allstate Insurance Company Page 1 of 1 Additional Insured Copy Allstate ?aim ingood hands POLICY NUMBER: 64 8 9 1 3 1 92 COMMERCIAL AUTO CA20 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR. COVERED AUTOS LIABILITY' COVERAGE This endorsement modifies Insurance provided. under the follOWing: • AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE. FORM MOTOR CARRIER COVERAGEFORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this enclOrserrient. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the Policy unless another date is indicated Named Insured: ATLANTIC COAST RESTAURANT & Endorsement Effectime Date: 07 - 2 1 - 2 0 2 1 SCHEDULE Name Of person(s) Or Organization(s): CITY OF MIAMI .& OMNI CRA 444 SW 2ND AVE 4TH FLOOR. MIAMI, FL USA 3 3 1 3 0 Information required to Complete this Schedule, if notshown AbOlie; Will be shown in the.Declarations. Each person or organization shown in the Schedule is an 'insured' for Covered Autos LiobilityCoVerage, but only to the extent that person or organization qualifies as an Insured" under the Who Is An Irisured provision Contained in Paragraph Ai. of Section II Covered. Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.. of • Section Covered Autos Coverages of the Auto Dealers COverage Form. Bu114-3 CA 204810 13 • pinSurande Services Office, Inc., -Kif 1 Page 1 Of 1 MdltIonal Osured Copy A CCORD. C.ERTIFICATE OF LIABILITY INSURANCE 0162 • 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 CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. . . - IMPORTANT: 'If the certificate holder than ADDITIONAL INSURED, the poiiey(Les) must have ADDITIONAL INSURED'provislons. or be endorsed. If SUBROGATION IS WAIVED, subject to the:teens and conditions. of the policy, certain policies may require an endorsemA ent: statement on this certificate does, not confer rights to the certiflcateholder In Lieu Oise!! endorsement(s). ' PRODUCER' .. brown'& Brown of Florida, Inc. 1201 W Cypress Creek Rd •. Suite 130 •. . Fort Lauderdale . , FL 33309 cGNrACT •. . _ NAME: '.- -- .. _.._ .. _ - :PHONE....:,: (954) 776-2222 - . - ii�F� C��; Nola- ( ) 76.4446'• •' ' . . • A —"I-• •• . ceris©bbftlaud.com• • .INSURER(S)AFFORDINGCOVERAGE _ -. NAICa :'INSURERA a .Everest indemnity Insurance Company. •_ INSURED - Atlantic Coast Restaurant &-Mechanical Services LLC 7700 NW 37th A1ra Miami FL 33147 -INSURERa:. Allstate Insurance Company ' .. _ :.. .. .... .. _ 19232 - INauRER c:. •Scottsdale Insurance Company .. INSURER!) t :EFvA Mutual insurance Co: - .10385.. INSURER E:.. .. .. --- - --- • CERTIFICATE NUMBER:" REVISION NUMBER: THIS ISTO CERTIFY THATTHE 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 RESPECTTO WHICH THIS' CERTIFICATE MAYBE ISSUED.OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, • E)CCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. -• • . • ." _ •• • . . _ _ INSR TYPE OF INSURANCE..- •IND WVD ' . POLICY . OUCFF.. .MIDDIYYYYf, P- (MMr011lYYYY) . 'M�_ A X COMMERCIAL GENERAL L,ABB.rTY : Y _ -CF3GL00253201 . 11/0.1/2'020 .. 11/01/2021 • _ EACH OCCURRENCE . •' $ .1,000,000: : ' .. •1 CLAtMB•MADE Cd OCCUR PREMISESO(Ee�ocamii ] y 50000.. MED EXP (AnY cne person) _ ; $ 0 : ;,.. oNAldaDV INJURY _-_ : S _ 1,000,000 • • • • :GEN'LAGGREGATELIMITAPPLIESF'ER: POLICY ila GENERAL AGGREGATE .______,$_2,000;000: •_ LOC PRODi1CTs-COMP/OPAG0'. $-2,000;000 - _ R. OTHER _-- - :' ',Property damage -single S B - ;AUTOMOBILE . LABILITY ANYALITo AUTOS ONLY HIRED. . , AUTOS ONLY - SCHEDULED AUTOS NON -OWNED AUTOS ONLY' � - • Y - ' - .. 648913192 11/01/2020 - 11/01/2021 COMBINED SINGLE LIMIT • ' (E acddent)'•_ • _.. $' 1,000,000 - _ .. . X —.owNED. ' BODILY INJURY (Pei person)_ . $ ' _ 'BODILYINJURYPer axWent) $ .._- - : ^ PROPERTY DAMAGE ' . (Per eoddent): ' - - - -_ E .. - -- ` ..' -, PIP. :.: • ' .. .$ 10,000 - ' .. C uIa9RELLA L. . EXCEsa LIAR X• OCCUR• ?(LS0117244 11/01/2020 11/01Y2021 EACH OCCURRENCE . S 4A00,000 'X �AIMs MADE •.AGGREGATE' , . ,' . . . , $ ' 4,000,000 , - . L. DE6.I,, ,I.REIEr-noNS S. D ' WORKERS COMPENSATION AND, EMPLOYERS' uasl Irr ANYPROPRIETORIPARTNERIE)rECUTNE OFFICER/MEMBEREXCLUDED? (MandatorylnNH) ' • ITyea, describe under DESCRIPTION OF OPERATIONS ' .. YIN NIA " WC84000320032020A 11/01/2020 ' 11/01/2021 ,s�.e�JJ '/7) STATUTE I " (LER : - E.LEACH ACCIDENT. - S 1,000,000 • • . , • N E,L.DISEASE =EAEMPLOYEE $ 1000 000 ' . below . EL. DISEASE- POLICY LIMIT $ 11000,00.0 - DESCRIPTION OF OPERATIONS I LOCATION§ I VEHICLES ,(ACORD 10t, AddlUor al Remarks Schedulo;may be sltaebsd It tnors space Is required) The City. of Miami end OMNI CRA are additional insured on a primary and rion-ontdbutory basis with respect to General Liability end Auto Liability if . required by. Written contract City of Miami 8; OMNI CRA feted es an additional Insured with respect to Excess Ilatillity. 30 Day noilce of Cancellation applies except 10 days.for.non-payment of prerrilum with respect to General Liability, Auto Liability, end Workers Compensation. Excess Iiabilt(y follows underlying Ilmits. No contractual liability exclusion. No explosion, ccilapse, underground exclusion. •CANCELLATION . City of Miami Miami Riverside Center 444 SW. 2nd Ave; 4th floor .. Miami 1 FL 33130 • SHOULD ANY OF THE ABOVE DESCRIBED THEEXPIRATION DATE THEREOF, ACCORDANCE WITH THE POLICY POLICIES BE CANCELLED BEFORE NOTICE WILL BE DELIVERED IN • PROVISIONS: a;r ' AUTHORIZED REPRESENTATIVE — cy ACORD 215 (2018/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD EXHIBIT I) GRANTEES Certificate cif Corporate Authorization And Corporate Status Update Page 18 of 18 CERTIFICATE OF AUTHORITY STATE OF FLORIDA ) SS / EIN: 32-0624177 COUNTY OF MIAM1-DADE ) I HEREBY CERTIFY that a meeting of the Members of 1401 GROUP, LLC, a Florida Limited Liability Company (the "Conip anY"); whose mailing address is 1401 North MiamiAve., Miaini, FL 33136 organized and existing Under the laws of the State of Florida held on t „Of Al; 021, the following resolution was duly passed and adopted:: "RESOLVED, the folloWing; 1. 1401 GROUP, LLC is the registered owner and operator of a restaurant that is physically located within the boundaries of the is, CRA at 1401 North Miami Ave, Miami, FL 33130; DBA 'FIREHOUSE MARKET." 2. Pedr0 Topete is the authorized member and Galina Kvachnina is the manager of 1401 GROUP, Pedro Topete is authorized to execute all Grant Agreement; each Made by the Omni Redevelopment District Community Redevelopment Agency ("CRA") to 1401 GROUP, LLC and dated on or about the date hereof." I further certify that said resolution is now in full force and effect. IN WITNESS. wHEREpf, the undersigned has hereunto set its hand as of the day and ar first above Titten. (Printed typed or stamped coramissioned) 1401 dItGIJP, LL a Florid Limited J5lity COritpnity By: Print Name: Pedro Topete Title: AuthoriigdAfewber--, bay.: Priiit.blarne: Galina Kvaelinina Title: Manager Sworn to and subscribed before ine this .3 day of 2021, Pedro Topete, Authorized Member of 1401 GROUP, LLC, on behalf cif iaid entity who is X ) ers ally known by m ' or has provided the ifieei - • FRANcEs.LLopAoy. Notary Pubile•State ot:FlotiCia Commission # GG 906986. My Commission Expires -'441A0: • -Andust 21:, 2023 • .. (Printed, tped. or stamped commissioned Notary — State of Florida I I My commission expires 8 12.4 11023 DIVISION OF CORPORATIONS J i mo.' of .5;10:Warg 0.11,1)011.1'10i rorti;tiler+ nut, •d tb•nrhr a:+, rrr ogpartmenLof State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company 1401 GROUP LLC Filing Information Document Number L13000030124 FEUEIN Number 32-0624177 Date Filed 02/27/2013 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 01/05/2021 Principal Address 1401 North Miami Ave. Miami, FL 33136 Changed: 01/05/2021 Mailing Address 1401 North Miami Ave. Miami, FL 33136 Changed: 01/05/2021 Elgistered Agent Name & Address Gonzalez Nuncio, Omar 1401 North Miami Ave. Miami, FL 33136 Name Changed: 01/05/2021 Address Changed: 01/05/2021 Authorized Person(s) Detail Name & Address Title Authorized Member Topete, Pedro 1401 North Miami Ave. Miami, FL 33136 ,• 4u_ . a_ mutt manager KVACHNINA, GALINA 1401 North Miami Ave. Miami, FL 33136 Annual Reports Report Year 2019 2020 2021 Filed Date 05/01/2019 01/05/2021 01/05/2021 Document Image 91/05/2021 — REINSTATEMENT 47/16/2019 — LC Amendment 95/01/2019 — ANNUAL REPORT 06/21/2016 — ANNUAL REPORT 94/28/2017 — ANNUAL REPORT 04211.2016 — AMENDED ANNUAL REPORT 92/24/2016 — ANNUAL REPORT 02/25/2015 — ANNUAL REPORT 46/13/2014 — LC Amendment 03/26/2014 — ANNUAL REPORT 11/19/2013 — LC Amendment 02/27/2013 — Florida Limited Liability View image in PDF format View image In PDF format View knage In PDF format 1 J View image in PDF tomtit l View image in PDF format j View image in PDF format J View Image in PDF format J View image in PDF format View image In PDF format View image In PDF format View image in PDF format View Image in PDF format