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HomeMy WebLinkAbout23781AGREEMENT INFORMATION AGREEMENT NUMBER 23781 NAME/TYPE OF AGREEMENT OMNI CRA & SMART KITCHEN, LLC DESCRIPTION BUSINESS GRANT AGREEMENT/NEW KITCHEN BUILD OUT, PERMITTING, INFRASTRUCTURE & SOFTWARE/FILE ID: 8986/CRA-R-21-0012/MATTER ID: 21-2768 EFFECTIVE DATE February 1, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/1/2022 DATE RECEIVED FROM ISSUING DEPT. 2/1/2022 NOTE a 51 BUSINESS GRANT AGREEMENT BY AND BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND SMART KITCHEN, LLC. THIS BUSINESS GRANT AGREEMENT is entered into as of the day ofPbrurli-> 2022 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 SMART KITCHEN, LLC, a Florida limited liability company with a principal address at 1657 N Miami Avenue, Miami, FL 33136 ("GRANTEE"). RECITALS WHEREAS, GRANTEE submitted a grant application and proposals directly to the CRA requesting Seventy Five Thousand and 00/100 Dollars ($75,000.00) to underwrite the cost associated with the buildout of a commercial kitchen for delivery services to utilize to better serve the customers within the CRA's redevelopment area; and WHEREAS, the CRA through CRA-R-21-0012, adopted June 3`d, 2021, by the Board of Commissioners of the CRA, 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 presentation of 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 to the use by GRANTEE of a Grant in the not to exceed amount of Seventy Five Thousand and 00/100 Dollars ($75,000.00) ("Grant") for the Project as defined below; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: 1. RECITALS. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. 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 build out a new kitchen, including, but not limited to, architectural work, grease trap construction, air conditioning installation, electrical work, drywall installation, and hood installation (the "Project"), as more fully described in Composite Exhibit "B", which is attached hereto, and incorporated herein by this reference, which includes GRANTEE's CRA Business Incentive and Assistance Application. 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 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, as amended ("City Code"), are deemed as being incorporated by reference herein and additionally apply to this Agreement. GRANTEE understands, acknowledges, and agrees that: (a) The CRA must meet certain record keeping and reporting requirements with regard to the Grant and that in order to enable the CRA to comply with its record keeping and reporting requirements, GRANTEE shall maintain all records as required by the CRA; and (b) At the CRA's request, and no later than thirty (30) calendar days thereafter, GRANTEE shall deliver to the CRA such reports and written statements relating to the use of the Grant as the CRA may require from time to time; and (c) All costs and expenses of the Project shall be at actual cost with no markups; and Page 2 of 17 (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. 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 herein 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, on a reimbursement basis, an amount not to exceed Seventy Five Thousand and 00/100 Dollars ($75,000.00) 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 event shall payments to GRANTEE under this Grant Agreement exceed Seventy Five Thousand and 00/100 Dollars ($75,000.00), nor shall Grant funds be used in any form inconsistent with the terms, conditions, obligations, and requirements contained herein. 9. TERM. The term of this Agreement shall commence on the date first above written and shall terminate upon full disbursement of either (a) Seventy Five Thousand and 00/100 Dollars ($75,000.00) or (b) such lesser amount should the fmal completion of the Project not require the entire not to exceed amount of Seventy Five Thousand and 00/100 Dollars ($75,000.00) 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 Page 3 of 17 expiration or earlier termination of this Agreement. 10. 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. 11. NON-DISCRIMINATION. GRANTEE, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability in connection with its performance under this Agreement. Furthermore, GRANTEE represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 12. 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. 13. 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. Page 4 of 17 14. 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. 15. MARKETING. The GRANTEE shall comply with the following provisions related to the marketing of the Project: (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'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. Page 5 of 17 16. DEFAULT. If GRANTEE fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then GRANTEE shall be in default. Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to GRANTEE while GRANTEE was in default shall be immediately returned to the CRA. GRANTEE understands and agrees that termination of this Agreement under this section shall not release GRANTEE from any obligations accruing prior to the effective date of termination. 17. 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. 18. 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 limited 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. 19. INDEMNIFICATION OF THE CRA AND THE CITY. GRANTEE hereby agrees to indemnify, protect, defend, save, release, and hold harmless the CRA, the City, and their respective officers, employees, agents, representatives, and principals from and against any and all claims, actions, damages, liability and expense (including fees, costs, and expenses of attorneys, investigators and experts) in connection with loss of life, personal injury, or damage to property arising out of the performance or non-performance of this Agreement and the Project, except to the extent such loss, injury or damage was caused by the gross negligence of the CRA, the City, or their respective officers, employees, agents, representatives, and principals. 20. 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 Page 6 of 17 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. 21. 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. 22. 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 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 Gokhan Yuzbasioglu in accordance with GRANTEE's corporate authorization, attached and incorporated as Composite Exhibit "D", which includes GRANTEE's Corporate Status Update. 23. 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. 24. 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. 25. 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 Page 7 of 17 Agreement shall govern. 26. 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. 27. 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. 28. 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. 29. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by the authorized representatives of both parties. 30. 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. 31. 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. 32. 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 Page 8 of 17 may be withheld by the CRA, in its sole discretion. 33. 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 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. 34. 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 inducement for the CRA and the GRANTEE to enter into this Agreement. 35. 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. 36. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth (5th) day after being posted, or the date of actual receipt, whichever is earlier. To CRA: Omni Redevelopment District Community Redevelopment Agency 1401 North Miami Avenue Miami, FL 33136 Page 9 of 17 Attn: Executive Director With a copy to: Office of the City Attorney 444 S.W. 2nd Avenue, 9`h Floor Miami, FL 33130 Attn: Victoria Mendez, General Counsel To GRANTEE: Smart Kitchen, LLC 1657 N Miami Ave. Unit B Miami, Florida 33136 Attn: Gokhan Yuzbasioglu 37. 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; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 38. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 39. 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. 40. 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 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 Page 10 of 17 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 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Telephone No.: 305-679-6870 E-Mail: IJONES(a;MIAMIGOV.COM Address: 1401 NORTH MIAMI AVENUE, MIAMI, FLORIDA 33136. 41. SURVIVAL. All obligations (including but not limited to indemnity and obligations to defend, release, and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 42. 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. Page 11 of 17 [SIGNATURES APPEAR ON THE FOLLOWING PAGE] {Remainder of Page Intentionally Left Blank} Page 12 of 17 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: ATTEST: Smart Kitchen, LLC By: Name: Gokhan Y zbasiogl anager 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") Todd B. Hanno of the Board Jason Wblker, Executive Director Date: APPROVED AS TO INSURANCE REQUIREMENTS: APPROVED AS TO FORM AND CORRECTNESS: Gomez Digitally signed / by Gomez, Frank Frank Date: 2022.01.27 07:45:37-05'00' S� s 6 s By: By: `y / / Ann -Marie Sharpe, Director, Victoria Mendez, General Counsel Matter ID: 21-2768 D.J.G. Risk Management Department Page 13 of 17 EXHIBIT A OMNI CRA-R-21-0012, adopted June 3rd, 2021 Page 14 of 17 CRA-R-21-0012 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT CO... 11/10/21, 10:26 AM Miami FL OMNI CRA Resolution CRA-R-21-0012 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") CREATING A BUSINESS GRANT PROGRAM FOR THE PURPOSES OF BUSINESS DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA ("PROGRAM"); ALLOCATING EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) FOR THE PROGRAM; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, AS A GRANT, AS A LOAN TO BUSINESS ENTITIES OR 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. Information Department: OMNI Community Redevelopment Agency Category: Grant Attachments Agenda Summary and Legislation 8986 2021 Business Incentive Grant Application 8986 2021 Business Microgrant Application 8986 Business Grant Job Creation Log 8986 Emergency Grant Job Creation Log Body/Legislation Sponsors: WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Omni Redevelopment Area ("Area") in accordance with the 2009 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 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 improve the quality of life within the Area; and miamifl.igm2.com/Citizens/Detail_LegiFile.aspx91D=89868&highlightTerms=CRA-R-21-0012,8,Print=Yes 1/2 11/10/21, 10:26 AM CRA-R-21-0012 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT CO... WHEREAS, these programs have been successful and have accomplished the goals and objectives of the Plan; and WHEREAS, the Board of Commissioners wishes to allocate an additional $800,000.00 to a Business Program ("Program") to continue with similar programs in the Area; and WHEREAS, funds are available from 2020-2021 Omni Tax Increment Fund Budget line item 12 for the Program; 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 the need for further approval from the Board of Commissioners; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. The Program is hereby established with funds in the amount of $800,000.00 allocated from 2020-2021 Omni Tax Increment Fund Budget line item 12 for the Program. Section 3. The Executive Director is authorized to disburse funds, at his discretion, as a grant, as 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 is authorized to execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel. Section 5. This Resolution shall become effective immediately. Meeting History Jun 3, 2021 11:00 AM OMNI Community Redevelopment Regular Meeting Agency RESULT: ADOPTED [UNANIMOUS] MOVER: Joe Carollo, Vice Chair, District Three SECONDER: Ken Russell, Chair, District TWo AYES: Ken Russell, Joe Carollo, Jeffrey Watson ABSENT: Alex Diaz de la Fortilla, Manolo Reyes j►t Draft miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?1D=8986&highlightTerms=CRA-R-21-0012,8,Print=Yes 2/2 COMPOSITE EXHIBIT B- PROJECT DESCRIPTION Page 15 of 17 `\r Omni C R A 2021 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 Omni 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 Omni CRA District. This program is a match assistance program requiring a 25% match from the property or business owner. The program has an annual project cap of $200,000. In addition to the required private match, the grant recipient is responsible for all 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. All 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 map). 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 should 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 of the first disbursal. 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 — 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. Insurance requirements are documented and approved —TNT, CNTR, SUBS 5. Contract is executed — CRA, TNT, CNTR 6. Work Authorization Form is executed — CRA, TNT, PROP 7. 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) S. Permits are pulled and work begins — TNT, CNTR 9. CRA monitors progress — CRA C) Project Completion Contractors are paid 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 7n77 f)mni CRA Rrrcinacc Inrenti,p A Accictnnry Prnnrnm 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.) • Landscape • 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. 7n71 Omni CRA Rucinvcc inrantit,a R, IJccictnnry Prnrtrnm CRA Business Incentive & Assistance Application Applicant Contact Information Business Name Smart Kitchen LLC Contact Name Vanessa Fischer Mailing Address 941 NE 73rd St, Miami, FL 33138 Telephone 9179626830 Fax Email vanessa.evaf@gmail.com Property Ownership and Corporation Information Corporation Name Smart Kitchen LLC Mailing Address 1657 N Miami Ave, Unit B Miami, FL 33136 Corporation Officers & Titles Vanessa Fischer, Owner Date & State of Incorporation Tax ID# 84-2669120 Project Location & Scope Project Address 1657 N Miami Ave, Unit B Miami, FL 33136 Folio# Year Built Total Retail (Sq. Ft.) Leased Retail (Sq. Ft.) 1129 sf, usable 973 sf Description of the business Commercial kitchen for delivery aPps like UberEats etc. Scope of Work for entire project. New kitchen build out, permitting, infrastructure and software Estimated Costs for entire project 4 (2., b 6i D6z) Estimated Start Date December 2020 Estimated Completion Date July 2021 Omni CRA Rucinpa Inrantive /2. Accictrrnra Prnnrnm 7019 — 7f)7f7 Scope of CRA-Funding Request Description of Item Estimated Cost . Grease Trap System Air Condition work and installation Electrical work ▪ Drywall and FRP installation • Hood and installation Architectual drawings 10. TOTAL $ 40,350.00 $ 28,700.00 $ 20,600.00 . $ 13,870.00 . $ 21,466.50 $ 4,445.37 10. $ 129,431.87 As a current business owner in this community or a business seeking to improve business in this community, 1 wish to participate in the OMNI CRA BUSINESS ASSISTANCE MICROGRANT. I acknowledge that I have received a copy of the Microgrant Grant Program Procedures and will comply with all requirements should I be awarded a grant. Sign / Print Nome of Business Owner U / Vanessa Fischer Date 21 st May 2021 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, I understand that funds will be used to make improvements to my property. Sign / Print Name of Property Owner Date Omni CRA Riicinpcc InrentivP R Arcictnnre Prnornm 2n)9— 2n)() Omni C R 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: SYY1at+- 147,tiltrA Date of Application: 5i 2-i I 21 Executive Director's Notes: # ton ea daut 6 -- RUwl►vu.ts-e tvv4- -.a,r A/c � ot4 r14 ,[ wiNk r444 6,ree+sx, Trap I do hereby approve this business as a grant awardee. Jason W,Valker, Date Executive Director, Omni CRA Omni Community hedevelopment 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 16 of 17 INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE SMART KITCHEN LLC BUSINESS GRANT AGREEMENT GRANTEE I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 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 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 $1,000,000 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 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 ,, ` cRv® CERTIFICATE OF LIABILITY INSURANCE DAM(jWDD Y 021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER: THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be,endorsed..If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Behar Insurance PO Box 970173 Boca Raton FL 33497 NAME cr Alper Behar ac No, EA): 561-510.1442 ' i (ac, No): 561-807.0410 A DRESS: alper@beharinsurance.com INSURER(S) AFFORDING COVERAGE NAIL d INSURER A: Ascendant Commercial Insurance, Inc. 13683 INSURED Smart Kitchen LLC 1657 N Miami Ave Unit B Miami FL 33136 ----•—•— ----...- --- - ' INSURER B : INSURER C : INSURER D: INSURER E : INSURERF: nGvrcrnu \II tllDeD. - - • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 1NSR" TYPE OF INSURANCE ATJDrituek WWI INSD I WI POLICY NUMBER POLICY EFF, , (MM/DDFYYYY) POLICV EXP • (MMIDD/YYYY) LIMITS X -� COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR EACH OCCURRENCE $ 1,000,000 'DRMAGETO RENTED'-- 'PREMISES(Eabccurrence) $ 100,000 MED EXP (Any one person) $ 5,000 GL-69647-0 11/13/2021 11/13/2022 PERSONAL a ADV INJURY $ 1,000,000 A Y GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JECT I I LOC OTHER: PRODUCTS-COMP/OPAGG ;$ 1,000,000 AUTOMOBILE — — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED NON-OUTOS WNED AUTOS - .COMBINED bINULE LIMI I. (Ea accident) ;$ BODILY INJURY (Per person) .$ BODILY INJURY (Per accident) $ `PROPERTY DAMAGE (Per 'accident) ' $ -- $ - UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA STATl1TE • i I Xi H E.L. EACH ACCIDENT $ - E.L. DISEASE - EA EMPLOYEEI'$ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is required) City of Miami and Omni CRA is listed as Additional Insured. Policy a primary and noncontributory basis. CERTIFICATE HOLDER City of Miami 444 SW 2nd Avenue, 4th Floor 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 ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACT EP CERTIFICATE OF LIABILITY INSURANCE (`I"' DATE(MM'DDITYYY) - 11/17/2021 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,pol)cy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certfficate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Behar Insurance PO Box 970173 Boca Raton FL 33497 CONTACT - - NAME: Alper Behar (Nc No, Ext): 561.510-1442 ^ovc, No): 561-807-0410 aooRRLEss: aper@beharinsurance.com INSURERS) AFFORDING COVERAGE NAIL 0 INSURER A: Ascendant Commercial Insurance, Inc. 13683 INSURED Smart Kitchen LLC 1657 N Miami Ave Unit B Miami FL 33136 INSURER 8 : INSURER C : INSURER D : INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: ISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS L R TYPE OF INSURANCE INSD�YND POLICY NUMBER (UBR MMIDDLTCY�)F--POUCTEXP— (MMIDDIYYYY) LIMBS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE U OCCUR MED EXP (Any one person) $ 5,000 GL-69647-0 11/13/2021 11/13/2022 PERSONAL & Any INJURY $ 1,000,000 A Y GENERAL AGGREGATE $ 2,000,000 GEN'L Ac3GREGATE LIMIT APPLIES X iPOLICYJECT OTHER: PER: LOC PRODUCTS-COMP/OPAGG $ 1,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTONON-OWNED AUTOS LOMBI,NED SIN V LE LIMI I (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROM/ i Y DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAR f OCCUR I CLAIMS -MADE - EACH OCCURRENCE $ AGGREGATE 5 $ I DED I I RETENTION $ WORKERS COMPENSATION• AND EMPLOYERS'LIABILnY Y IN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER OCCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A I STATUTE I ER' E.L. EACH ACCIDENT 5 - E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS ! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Miami and Omni CRA Is listed as Additional Insured. Policy a primary and noncontributory basis. CERTIFICATE HOLDER CANCELLATION Omni CRA 1401 N Miami Ave Miami FL 33136-2012 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 ,444.4 D� ACORD 25 (2014/01) -2014 ACORD CORPORATION: AIt ngrns reserved. The ACORD name and logo are registered marks of ACORD SMARTKITC-F\ delivery perfect 16/11/2021 Dear Madam/Sir: We received your request for workers compensation and auto liability to be added on our insurance policy. Our company does not have a car and we did not start our operation yet. Therefore, we think this will not be necessary for the time being. We will be adding workers compensation to our insurance policy just before we start our operation. Kind regards Gokhan Yuzbasioglu Managing Partner 1657 N Miami Avenue unit B Miami , FL,33136 INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE SMART KITCHEN LLC BUSINESS GRANT AGREEMENT I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 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 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 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 $1,000,000 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. 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 ratedno 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. JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW " CONSTRUCTION INDUSTRY EXEMPTION This certrif'ies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 10/22/2021 PERSON: MARIO A BOLIVAR FEIN: 600530224 BUSINESS NAME AND ADDRESS: CONSTRUCTION CONSULTANTS, INC. 15588 SW 19TH LANE MIAMI, FL 33185 SCOPE OF BUSINESS OR TRADE: Cersractor-Projed Manager, Construction motive. Construction Mena w rx Construction Superintendent EXPIRATION DATE: 10/22/2023 EMAIL: BOLIVARMJ@ATT.NET IMPORTANT: Pursuant to subsection 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter try firinga certificate of election under title section may not recover benefits or compensalion under this chapter. Reston' to subsection 440.05(12), F.S., Certiicatet of election to be exempt issued under subsection (3) shall apply only to the corporate officer named on the notice of election to be exempt and apply only within the scope of the business or trade listed on the notice of election ta be exempt. Pursuant to subsection 440.05(13), F.S., notices of election to be exempt and certificates 04 election to be exempt shall be subject to revocation It, et any time after the fling of the notice or the issuance of the cwbf$cste, the person nemed on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department ehaa revoke a certificate at any time for }allure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01433230 OUESTIONS? (850) 413-1809 12/27/21 CONSTRUCTION CONSULTANTS, INC. CGC013770 15566 SW 19TH Lan; Miami, Florida 33185 Tel. (786)344-3908 email: bolivarmiAatt.net TO WHOM IT MAY CONCERN This is to certify that my company. Construction Consultants, Inc. registered in the State of Florida, does not own any automobiles or ay other vehicle. 1 ' cORti CERTIFICATE OF LIABILITY INSURANCE , _ .. . , DATO garessavyrn 05/28/2021 THIS cERTIFICATE NI ISSUED A$ A MATTER OF INFORMATION ONLY,AND CONFERS NO TGWU UPON THE CERVIDATE HOLDER. THIS DEEM/CATE DOES NOT APPIRMATNELY OR NEGATIVELY AMEND, 1SXTEND OR ALTER THE COVERAGE AFFORDED 'SY.THE POLICUla BELLOW. TIM CERTIFICATE OF RIRURANCE DOES NOT CONSTITUTE A CONTRACT DEMON THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERIIPIGATE HOLDER. _ IMPORTANT: !Hite eartilicurte hoidorts en ADDITIONAL. INSURED, Um polloy(ies) must have ApornoNAL INSURED provisions -or be endorsed. V DUEROGATION IS WAIVED, itititrot to the terms lad conctitions of the policy, ()often potiolos mar unpin on iondoissmont. A statornont on this otalloato doss not confer lifts to tin owtilloste holder In Roo of suck ondonnrno s). . PRODUCER Exosilence Insurance, LLC 3801 8W 107th Ave Milan) R. 33185 Adrian& L CisAo E me,,, OM 226.31300 _ I Fitex,14.2k p05)2283997 gm. Ams; certilicateseaaunderinlers.com . ttecURE313) Amnon ccremos • DisuRet A: AIX SPECIALTY INSURANCE CO 12833 Reales construction Consultants, Inc. 15568 SW leth Lane Miami FL 33185- _SHOLIAIDI el t • itsunste z solueseD : POSORISR E : - - COVERAGES CERTIFICATE NURSER: REVIDiON NUMBER: Tmis is TO CERTIFY THAT 1HE POLICIES OF INSURANCE USTED BELOW HAW BEEN ISSUED TO THE INSURED NAM ABOVE FOR THE POLICY PERIOD INDICATED. NOTIRITHSTANDING ANY REQUIREMENT, 'TEMA OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT VUTH RESPECT TO WHICH THIS CERTIFICATE MAY BE I85I OR MAY PistITAVI. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED -HEREIN IS SUBJECT TO ALL THE TERMS, • MOWRY:ORB AND moron OF SUcH PoUclEg: LBWS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS_ . .. . • OMR LTIS TYPE orinsumasoa • . ,AometuttskA mut WPM POLICY NU1196i • itagcm =WA A X aosoustoso.onisw.ususurr MANMADE . IrA come , SMAL10048252180 07/)1/2021 07/01/2022 Emil cidiouRRarcE-'• . s 1.000.000 DAMAGE TO MENTOS s 60.000 - • menses tr.. oxiimintivi. WO DP (My am tertai s 5,000 , PeR3ONAL 3 Am EMMY $ 1.000,000 - vtarL AGGREGATE LAW APPLES, HER POLICY ' 2..a LOC GENERAL NUMERATE • s 2,000,500 PRODUCTS -COIAP/OP AGO i 2,000,000 $" • AUTOMMLNLIARUIV- 7 • • ' ATff AUTO. AUTOS ONLY ..._.., IMO AUTOS ONLY ,...— SCREDUUED MHOS NONOYASED 'Auras ONLY • , ' p6=ISINGLe LIIIOT. - g .- 801XLY INJURY (Pir pow) 3 1301:10f MIRY (Periecktunt) 3 gr=erstif T!2"431E S - • -3 ' . UMBRELLA LtA3 mccess LIA5 accuR CLAMSAIADe EACH occURNENCE . 5 AdonEwas s * • DI 1 REnwrimis WORKERS COSIPOLSATION An EMMERT UAllaDY ANY MOPEXTOITJFAISTRUMECUTP/a n utAiamout VODUJOISO? OFFICt Plandstsry In KIII M ya-s, Mote undar ' - CtEsGRIF/ION OF OPERAT3OKS beom siA . Inria SLEACHNUtmesT $ EL DiStAsa- BA ElisluyniE • s • EL &MEM -PoucY MT 11 1 . 1 . CesclurnoN or OPORATV0P18 / La:MUM IYISOCLISS (ACORD101,AddRiond Ressadis Schad" asy be "WNW elnOnt lean k Moine* CERTIFICATE HOLDER Omni CRA 1401 N. Mimi Ave. FL.33136 ACORD 25 (2010533) CtANCELLATION • I— ' 01980.2015 ACORD CORPORATION. An rights reserved. The ACORD nem and logo are registered marks of ACORD 150R0 _ .. . Dios ERTIFICATE�OF,LIABILITY INSURANCE oer�erz�1 - TW8011E IB I MO.AB A etAflM Op;INFoRUNTION, ONIN ARO CONS' NO RIOTS: UPON MI COCiR�1CAT>t HOLDEIS •T corn IOAT6 OOB91WM.Y :'NOT JUIP M .Oit:NAQAT J V AY?4. D[1:ND ORPilsaft Y!i 'COUuNNON AmoRoic BY'Ri POLienNs MOS.1h$ INLITIFNIATI Of INNEANOR DOE NOT C01C _ f N A OONTRAOT BI1MR/! THE MOURN INIR ), Ap11IORSUM REPREBNNTAIUMORPRODpCiil;AN TlN 4QATQNOiNGIL II+RORTANT: N Ina Oseenono noidsrts nn.ApprnoiiM.*MNo%Us. pcikypss) moot lavo ADDITIONA1.11414REO pl atalolls ores indwell. If OU;1bOQATID1i 0 WAIYW, m tlli taros end ROO* i.af Via .*ROW *ISO ptectit nosy nigalit't1 olidorsienint. A gtotomant an thin cafillontodOiti<notoonfardonna totlN• MOs%Aoid_...afoudt ondoniimontM,. ,ExOntaxo losttonto,14,0 g801 SW101thAve R 33105 Conan:ODA Constant!. tits: iasee8W10111Lane tined .. . R. 33183- - • GOI ERAGE8 :' . " .. ' .. • `4 .. • :;ATE 1Rli!!N • aggor . mom LOta* • iiiisnossinvarditalcoiessos. lss Ala -AIX SPEZALTIVOURANCE CO ttrtwwts: soma 12833. ni aweta= wstlUt RD. • T108 18TO CERTIFY 1WT DiiE.POLc,OF INSURdNCE USTED 8130N HAVE BEEN 188BED TO ME'IMMO NAMED ADOYE FOR THE POUCY P131100 1TEICATED.. NOTIAITHRANDIND MY REOUZREIENT. IERIS OR.DONDIRDII OF ANY.OWW1* OR OTHER .00CURONT llmH AEEPEcr *men TM CERTIFICATE WAY BE: OR IOW PERTAK TIE INSURANCE A BY THE POLICED 066CR1® MESH IB,.Et8.1E0n TO ALL THE Tim& . EXOURIONSPID COMM NSOFSUDII POLICES. LIMITS SHOWN VRt 111WEBtEN MIS BYPAD AMR _ - :. . iliwaor a tiaasa• A x QAyAiUlY10E OCCUR AUTOINC iLalw!!ir-ANY CO dMl: f�:' ������ !' �I�ILiD Idith A�URpoZalZ.T ��pp /NiigaOW AUTOS OMY Hoban maowsLata. . .ClAPACUPOO CUIPLANY OTCRIFLICIRRY • in POi O�PIfCe1�CiO�ALt p'7. . paw : .. of c p11o"OPO A7l0NSter Mill me IL/w 81303.10018282100 morn Olab2021 MEIN O7/D1D.Oa2 ECM MOO BIPWyeaiswoil: wtirowll:aioktudnY Ptidouole-Co►pinPlwoo' .. i3Ooo,OOD. 50.000• .s.S,000:. i '1.000,000: s 2,000,000. s 2,000,00D S OCtYaYURYGarAma a.'. S COLYIHRYIRricddieq s_.. PROPERIYOiUWYBE • EACH OCCURRI3ICE Andiconn Mum fir- EtEnonaccm r EL OLliA.%.EAEIiwYEE titoaktA -Po tct►isrr to : DETSIM iIOMOPO iI[>04490MON IY CIOND*314diaiadllsimbiliordesabaspaisordircr.o.oivisaatpirlellia4 CERTINOATENOLOM !Wang DePt r. 414N11Y2edAlio Alit Floor .. ACORD .26 o* 1U. 13130 I. . - - 019Ee i3MOROCORPORATION.:AO!r "IDsi md. logo sin to tined Oaks o1A 0RD EXHIBIT D GRANTEE'S Certificate of Corporate Authorization And Corporate Status Update Page 17 of 17 CERTIFICATE OF AUTHORITY STATE OF FLORIDA SS / BIN: 84-2669120 COUNTY OF MIA1V4-DADE ) I HEREBY CERTIFY that a meeting of the members of SMART KITCHEN LLC, a Florida Limited. Liability Company (the "Company"), whose mailing address is 1657 N Miami Ave:, Unit B, Miami, FL 33136 organized and existing under the laws of the State of Florida held on ,)-(-) , of 2022, the following resolution was duly passed and adopted: "RESOLVED, that, Gahm Yuzbasioghi and Vanessa Fischer, managers of SMART KITCHEN LLC, hereby authorizes Gokhan Yuzbasioglu, manager to execute all Grant agreement, each made by the Omni Redevelopment District Community Redevelopment Agency ("CRA") to SMART KITCHEN LLC 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 written. (Printed typed or stamped commissioned) SMART KITCHEN LLC. a Florida Limited Liability Company By:. Print ai e: Gokha Yuzbasioglu Title: Manager By: / Print Name: Vanes Title: Manager Fischer Sworn to and subscribed before me this day Of 2022, Gokhan Yuzbasioglu, Manager of SMART KITCHEN LLC, on behalf of said entity Iho is ypersorially known by me or has provided the following identification Ptt. tkYe Notary Public State of Floreda Edith A.Vargas My CureeeiticiortM 001494 Experea OVA Notary Public State of F orida My commission expires 0 6 I I • • 11/8/21, 10:45 AM DMd by Entity Name DIVISION OF CORPORATIONS L0i1i0f1 of au vlh. iul 'gar to) fAAwlrlu 1► rl itSSr oc Qf c rporatlo/ Search Records / Search by Enti1v Name / Detail by Entity Name Florida Limited Liability Company SMART KITCHEN LLC Filing Information Document Number L19000195042 FEI/EIN Number 84-2669120 Date Filed 07/31/2019 Effective Date 07/30/2019 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 05/05/2021 Event Effective Date NONE Principal Address 1657 N Miami Ave Unit B Miami, FL 33136 Changed: 10/21/2021 Mailing Address 1657 N Miami Ave Unit B Miami, FL 33136 Changed: 10/21/2021 Registered Agent Name & Address ACCOUNTING & BUSINESS SERVICES, INC 8200 NE 2nd Ave Unit 1 Miami, FL 33138 Name Changed: 02/10/2021 Address Changed: 02/10/2021 Authorized Person(6) Detail Name & Address Title MGR httpsl/search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&se a rchNameOrder--SMARTKI... 1 /2 11/8/21, 10:45 AM Detail by Entity Name YUZBASIOGLU, GOKHAN 1025 92nd ST Apt 804 Bay Harbor Islands, FL 33154 Title MGR FISCHER, VANESSA 941 NE 73RD ST MIAMI, FL 33138 Annual Reports Report Year Filed Date 2020 04/28/2020 2021 02/10/2021 2021 10/21/2021 Ilasmmialmagn 10/21/2021 - AMENDED ANNUAL REPORT Q5/05/2021 - LC Amendment Q2/10/2021 - ANNUAL REPORT 04/28/2020 - ANNUAL REPORT 07/31/2019 - Florida Limited Liability View Image in PDF formal J View linage in PDF format J View Image In PDF format J View image In PDF fennel J View Inge in PDF lomret I 2151 httpsJ/sea rch.sunbiz. org/Inquiry/CorporationSearch/SearchResu ItDetail?inquirytype=EntityNa me&di rectionType=ln itial&searchNameOrder-SMARTKI... 2/2