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HomeMy WebLinkAbout23858AGREEMENT INFORMATION AGREEMENT NUMBER 23858 NAME/TYPE OF AGREEMENT OMNI CRA & WYNWOOD HAUS, LLC DESCRIPTION DECLARATION OF RESTRICTIVE COVENANTS/COSNTRUCTION OF AFFORDABLE & WORKFORCE UNITS/FILE ID: 7930/CRA-R-20-0015/MATTER I D:20-795 EFFECTIVE DATE April 12, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/12/2022 DATE RECEIVED FROM ISSUING DEPT. 4/12/2022 NOTE #2- Vo Prepared by and after recording return to: Victoria Mendez, Esq. City Attorney, City of Miami 444 S.W. 2nd Avenue Miami, FL 33130-1910 Tel: (305)416-1800 Property folio numbers: 01-3136-003-0140, 01-3136-003-0150, 01-3136-003-0160, 01-3136-003-0170, 01-3136- 003-,0180, and 01-3136-003-0190 DECLARATION OF RESTRICTIVE COVENANTS FOR WYNWOOD HAUS. LLC ,,4111 q This Declaration of Restrictive Covenants (the "Covenant") made this 1 ek day of A1�<` o ` , 2022 ("Effective Date") by WYNWOOD HAUS, LLC, a Florida limited liability company, its assigns or successors in interest, with a principal office located at 350 NE 24th Street; Suite 108; Miami, Florida 33137 (hereinafter referred to as "Developer"), is in favor of the OMNI COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created by the City of Miami (the "Ci�i ") pursuant to Florida Statutes Section 163.356, with a principal office located at 1401 N. Miami Avenue, 2nd Floor, Miami, Florida 33136 (hereinafter the "CRA"). RECITALS WHEREAS, the Developer is the owner of the property legally described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, the Developer hereby agrees and covenants that the following described property shall be subject to the provisions, covenants, and restrictions contained herein; and WHEREAS, this Covenant is made for the express benefit of the CRA, a public agency and body corporate created by the City of Miami (the "City") pursuant to Florida Statutes Section 163.356. It shall remain in full force and effect until released by the CRA or its successors in interest; and WHEREAS, on September 24, 2020, the CRA Board adopted Resolution No. CRA- R-20-0015 allocating a grant of One Million One Hundred Thousand ($1,100,00.00) to the Developer for the construction of the One Hundred (100) affordable and workforce units ("CRA-Assisted Units") as more fully described in the Rent Regulatory Agreement attached as Exhibit B. WHEREAS, on September 24, 2020, the CRA Board also adopted Resolution No. CRA-R-20-0014 authorizing an economic incentive agreement in the not to exceed amount of Twelve Million Nine Hundred Thirty Five Thousand_Six Hundred Seventy -Four and 61/100 ($12,935,674.61) with payments to begin upon Substantial Completion of the Project , and the Project receiving a certificate of occupancy or temporary certificate of occupancy and subject to the rents being restricted until July 7, 2047. WHEREAS, the Developer is developing a project that will, among other things, increase the supply of rental housing units for affordable and workforce households which consists of a newly constructed building at the following folios 01-3136-003-0140, 01-3136- 003-0150, 01-3136-003-0160, 01-3136-003-0170, 01-3136-003-,0180, and 01-3136-003- 0190, as legally described in Exhibit "A" (hereinafter referred to as the "Property"). The Project consists of a total of two hundred twenty-four (224) residential units. Included within said total units, the Project has One Hundred (100) affordable and workforce housing units referred to in the Rent Regulatory Agreement; and WHEREAS, the CRA's allocation of funds for the Project is subject to that certain Economic Incentive Agreement (the "TIF Agreement") and other documents of even date herewith between the CRA and the Developer (collectively the "Documents"); and WHEREAS, Developer desires to make a binding commitment to assure that the Bond Assisted Units and the Property in general are maintained and operated in accordance with the provisions of the TIF Agreement and this Covenant; and WHEREAS, Developer, as a condition for receiving the grant and economic incentive funding for this project Project is required to record in the Public Records this Covenant obligating the Developer, its successors, transferees, and assigns to maintain and operate the Property in accordance with the TIF Agreement and Rent Regulatory Agreement; and WHEREAS, the Developer hereby declares that this Covenant shall be and is a covenant running with the Property and, unless released by the CRA, is binding on the Property for the entire Affordability Period, and is not merely a personal covenant of the Developer; and NOW THEREFORE, Developer voluntarily covenants and agrees that the CRA- Assisted Units and the Property in general shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon Developer, and its heirs, successors and assigns as follows: Section 1. Recitals: The recitals and findings set forth in the preamble of this Covenant are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Use of Property: The Project shall be developed on the Property and there shall be approximately Five Thousand Two Hundred (5,200) square feet of ground floor retail, and Two Hundred and Twenty -Four (224) units of which One Hundred (100) units are CRA- Assisted Units. CRA-Assisted units shall remain affordable as outlined in the Rent Regulatory Agreement, during the affordability period which shall begin upon Substantial Completion of the Project (as defined in the TIF Agreement), and the Project receiving a certificate of occupancy or temporary certificate of occupancy until July 7, 2047 or the earlier termination of the TIF Agreement and/or Rent Regulatory Agreement as provided therein (as applicable, the "Expiration of the Affordability Period"). The CRA-Assisted Units shall be comprised as follows: Thirty Six (36) studios, Forty Five(45) one -bedroom one -bathroom and Nineteen (19) Two Bedrooms. Section 3. Term of Covenant: This Covenant is a covenant running with the land. This Covenant shall remain in full force and effect and shall be binding upon the Developer, its successors and assigns from the Effective Date until the Expiration of the Affordability Period. Upon the Expiration of the Affordability Period, this Covenant shall immediately lapse and be of no further force and effect without the necessity of any other written document or instrument. Notwithstanding the foregoing, upon the Expiration of the Affordability Period, the CRA shall prepare for recording an instrument evidencing the expiration of and other termination of this Covenant in the Public Records of Miami -Dade County, Florida. Section 4. Prohibited Conveyances: The Developer covenants and agrees not to encumber or convey its interest in the Project, Property, or any portion thereof, without CRA's prior written consent as required by the TIF Agreement. For the purposes of this Covenant, any change in the ownership or control of the Developer, which is not permitted under the TIF Agreement , shall be deemed a conveyance of an interest in the Project. Section 5. Default: The Developer covenants and agrees that in the event (i) of the sale or conveyance of any interest in the Project and/or the Property without CRA's prior written consent as required by the TIF Agreement (except as otherwise provided in the TIF Agreement), or (ii) that the Developer ceases to exist as an organization, the CRA may exercise the remedies as set forth in the TIF Agreement. Section 6. Inspection and Enforcement: It is understood and agreed that any official inspector of the CRA or the City of Miami shall have the right any time during normal working hours to enter and investigate the use of the Property to determine whether the conditions of this Covenant are in compliance, subject to the rights of Residential tenants under their leases. Section 7. Amendment and Modification: This Covenant may be modified, amended, or released as to any portion of the Property by a written instrument executed on behalf of the CRA and the Developer. Should this instrument be modified, amended, or released, the Executive Director shall execute a written instrument in recordable form to be recorded in the Public Records of Miami -Dade County, Florida, effectuating and acknowledging such modification, amendment, or release as necessary in order to comply with any CRA Requirements. Section 8. Definitions: All capitalized terms not defined herein shall have the meanings provided in the TIF Agreement. Section 9. Severability: Invalidation of one of the provisions of this Covenant by judgment of Court shall not affect any of the other provisions of the Covenant, which shall remain in full force and effect. Section 10. Recordation: This Covenant shall be filed of record among the Public Records of Miami -Dade County, Florida, at the sole cost and expense of the Developer. Section 11. Deed Restriction/Covenant Running with the Land. Any and all requirements of the laws of the State of Florida that must be satisfied in order for the provisions of this Covenant to constitute a deed restriction and covenant running with the land shall be satisfied in full, and any requirements or privileges of estate are intended to be satisfied, or in the alternate, an equitable servitude has been created to insure that these restrictions run with the land. For the term of this Covenant, each and every contract, deed, or other instrument hereafter executed conveying the Property or portion thereof shall expressly provide that such conveyance is subject to this Covenant and Rent Regulatory Agreement, provided, however, that the covenants contained herein shall survive and be effective regardless of whether such contract, deed, or other instrument hereafter executed conveying the Property or portion thereof provides that such conveyance is subject to this Covenant. Section 12. Governing Law and Venue. This Covenant shall be construed and enforced pursuant to the laws of the State of Florida, excluding all principles of choice of laws, conflict of laws and comity. Any action pursuant to a dispute under this Covenant must be brought in Miami -Dade County and no other venue. All meetings to resolve said dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism, will take place in this venue. The parties both waive any defense that venue in Miami -Dade County is not convenient. Section 13. CRA TIF . Developer acknowledges and agrees that this Covenant is intended to evidence and memorialize the use of CRA TIF and Grant Funds from the CRA for the paramount public purpose of providing affordable housing in the City of Miami, Florida pursuant to the Rent Regulatory Agreement. Developer acknowledges and agrees that the Developer entering into this Covenant is a material inducement to the CRA making the aforementioned Grant and pledge of TIF. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have caused this Declaration of Restrictive Covenants to be executed by their undersigned officials as duly authorized. WITNESSES: J l� Print Name: M Met Print Name: Al! STI—ANLD STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) DEVELOPER: WYNWOOD HAUS, LLC, a Florida limited liability company By: WYNWOOD HAUS JV, LLC, a Delaware limited liability company, its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC, a Florida limited li, .' ity company, its Operati By: Name: ) ego Bonet Cassuto Title: Manager The foregoing instrument was acknowledged before me, by means of R physical presence or ❑ online notarization, this t/7day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus Holdings. II, LLC, a Florida limited liability company, as operating member of Wynwood Haus JV, LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida limited liability company, who is known to me or who has produced as identification. `P B; SCHUCK J tate of Florida -Notary Public ission pYPU # GG 223512 ?riu - ComCommission Expires MY May 30, 2022 �Y otary Public - State of Florida) (Prin ype, or Stamp Commissioned Name of otary Public) Personally Known OR Produced Identification Type of Identification Produced IN WITNESS WHEREOF, the parties hereto have caused this Declaration of Restricive Covenants to be executed by their undersigned officials as duly authorized. ATTEST: Anil -Marie S Director of STATE OF FLORIDA COUNTY OF MIAMI-DADE CRA: OMNI COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency ancorporate cr . ed pursuant to Flo ' . a Statutes Sectio i . .356 ("CRA") Jeer; E. tive Director APPROVED AS TO FORM AND CORRECTNESS Date: *- Viria Mendez General Counsel The foregoing instrument was acknowledged before me by means of o physical presence or o online notarization, this 11 day of MAA741 , 2022, by 664-Me! A. MW , e?oeLtttIZ 04114,Lef OMNI COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Florida Statutes Section 163.356, on behalf of the agency. He/she is personally known to me or has produced as identification. My Commission Expires: otary Public, State of Florida o���y p��/„ FRANCES LLOP-NOY � V.= `- Notary Public -State of Florida `• �B �= Commission M GG 905986 I t' =P` My Commission Expires August 21, 2023 Page 10 of 10 Exhibit A Legal Description Of The Property LOT 11, LOT 12, LOT 13, LOT 14, LESS THE WEST 10 FEET THEREOF, LOT 15, LESS THE WEST 10 FEET THEREOF, AND LOT 16, LESS THE WEST 10 FEET THEREOF, OF AMENDED MAP, SEITTER ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 60, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS RIGHT OF WAY CONVEYED BY THAT CERTAIN RIGHT OF WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 32522, PAGE 2719, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOTS 11, 12, 13 AND 16, OF AMENDED MAP, SEITTER ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 60, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING OF THE SOUTHEAST CORNER OF SAID LOT 11: THENCE SOUTH 89°38'10" EAST ALONG THE SOUTH LINE OF SAID LOTS AND THE NORTH RIGHT OF WAY LINE OF NE 17 TERRACE, DISTANCE OF 239.86 FEET; THENCE NORTH 00°51'09" EAST ALONG'A LINE 10.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 16, A DISTANCE OF 32.71 FEET TO A POINT OF A CURVE CONCAVE TO THE NORTHEAST (A RADIAL LINE THROUGH SAID LINE BEAR SOUTH 89°08'5" EAST); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGEL OF 90°29' 19" AND AN ARC DISCTANCE OF 39.48 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89°38' 10" WEST ALONG A LINE 7.50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOTS, DISTANCE OF 214.65 FEET TO A POINT ON THE EAST LINE OF SAID LOT 11; THENCE SOUTH 00°51'09" WEST, A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. ADDRESS: 1765 N. Miami Avenue, Miami, FL Page 7 of 8 RFA 20-795 v2 39494785.3 Exhibit B RFAMFB Cov vl 39494785.3 Page 8 of 8 Beneficial Interest and Disclosure of Ownership Affidavit 1. This Affidavit is submitted to the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a Public Agency and Body Corporate created pursuant to Section 163.356, Florida Statutes, whereupon the undersigned authority, personally appeared, Diego Bonet Cassuto, as Manager ("Corporate Representative") of WYNWOOD HAUS HOLDINGS II, LLC, a Florida limited liability company, the operating member of Wynwood Haus JV, LLC, a Delaware limited liability company, as sole member of WYNWOOD HAUS, LLC, a Florida limited liability company, whose mailing address is 1200 Ponce De Leon Blvd. Suite 900, Coral Gables FL 33134, and (if applicable) its Federal Employer Identification Number (FEIN) is: 83-4414740, subject to the penalties prescribed for perjury, deposes and says: 2. The Corporate Representative has read the contents of this Affidavit, has actual knowledge of the facts contained herein, and states that the facts contained herein are true, correct, and complete. 3. The following is a list of every "person" (as defined in Section 1.01(3), Florida Statues to include individuals, children firms, associates, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and combinations) as of the date hereof holding 5% or more of the beneficial interest in the disclosing entity: (If more space is needed, attach separate sheet): Wynwood Haus Holdings II, LLC. 4. This affidavit may be signed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same document binding on all of the parties, notwithstanding that not all of the parties have signed the same counterpart. Any signature delivered by a party by facsimile, email or other electronic transmission shall be deemed to be an original signature to this affidavit. IN WITNESS WHEREOF, the undersigned has hereunto set its hand as of the day and year first above written. STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) WYNWOOD HAUS, LLC, a Florida limited liability company By: WYNWOOD HAUS JV, LLC, a Delaware limited liability company, its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC, a Floridaa l' ited` i b}lity company, its Og arre' ting M By: Name:.iego Bonet Cassuto Title: Manager The foregoin instrument was acknowledged before me, by means of ®'physical presence or 0 online notarization, this day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus Holdings II, LLC, a Florida limited liability company, as operating member of Wynwood Haus JV, LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida limited liabi1 ycompany, who is known to me or who has produced as identificati My Commis 39732802.2 CHUCK J NI State of Florida -Notary Public Commission # GG 223512 My Commission Expires May 30, 2022 lorida Exhibit A Members (Owners) of Wynwood Haus Holdings II, LLC 1. TSG Wynwood Haus Open, LLC, a Florida limited liability company 2. LG Wynwood Holdings, LLC, a Florida limited liability company 39751262.1 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any contract, the making of any grant, the making of any loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant, loan, or cooperative agreement. (2) If any funds other than appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. WYNWOOD HAUS, LLC, a Florida limited liability company By: WYNWOOD HAUS JV, LLC, a Delaware limited liability company, its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC, a Floridalimite'..'•.i i •mpany its Operati By: Name: Diego Bonet Cassuto Title: Manager * Note if applicable: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 39733179.2 CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT CHAPTER 112, FLORIDA STATUTES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. The undersigned, being first duly sworn, states: 1. The full legal name and business address of the person or entity contracting or transacting business with the City of Miami is: WYNWOOD HAUS, LLC 2. The business is formed as a: Florida limited liability company. 3. The business was formed or incorporated in the following year and state: 2019, Florida. 4. The business is registered in the following state(s): Florida. 5. FOR CORPORATIONS: A. The following trustees, advisory board members or purchasing agents of the CRA, City or their spouses or children are officers or directors of the corporation: NONE B. The following trustees, advisory board members or purchasing agents of the CRA, City or their spouses or children or any combination thereof hold directly or indirectly more than 5% but less than 10% ownership in the corporation's stock: NONE C. The following trustees, advisory board members or employees of the CRA, City or their spouses, children or parents hold directly or indirectly 10% or more of the ownership in the corporation's stock: NONE D. The following trustees, advisory board members or employees of the CRA, City are employees of or in a contractual relationship with the corporation: NONE 6. This affidavit may be signed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same document binding on all of the parties, notwithstanding that not all of the parties have signed the same counterpart. Any signature delivered by a party by facsimile, email or other electronic transmission shall be deemed to be an original signature to this affidavit. [SIGNATURES CONTINUED] 1 39733055.2 WYNWOOD HAUS, LLC, a Florida limited liability company By: WYNWOOD HAUS JV, LLC, a Delaware limited liability company, its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC, a Florid it4l liability company, its By: Name: Diggro-Bonet Cassuto Title: Manager STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me, by means of pB'physical presence or ❑ online notarization, this day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus Holdings II, LLC, a Florida limited liability company, as operating member of Wynwood Haus JV, LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida li ited liability company, who is known to me or who has produced as ide.'tification. My Commission Expires CHUCK J NIEVES PY Plig <<;-, State of Florida -Notary Public Commission # GG 223512 aq oP My Commission Expires May 30, 2022 39733055.2 2 CERTIFICATE OF DEBARMENT AND SUSPENSION (a) Authority and requirement to debar and suspend: After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to such party to be heard, the Executive Director, after consultation with the City Attorney as General Counsel, shall have the authority to debar a contractual party for the causes listed below from consideration for award of CRA contracts. The debarment shall be for a period of not fewer than three years. The Executive Director shall also have the authority to suspend a contractor from consideration for award of City contracts if there is probable cause for debarment. Pending the debarment determination, the authority to debar and suspend contractors shall be exercised in accordance with regulations, which shall be issued by the Chief Procurement Officer after approval by the Executive Director, the City Attorney, and the CRA Board or City Commission. (b) Causes for debarment or suspension include the following: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public (Federal, state, or local) or private contract or subcontract, or incident to the performance of such contract or subcontract. 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3. Conviction under state or federal antitrust statutes arising out of the : submission of bids or Proposals. 4. Violation of contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a contract or to perform within the time limits provided in a contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. 5. Debarment, proposed for debarment, declaration of ineligibility, voluntary exclusion from covered transactions, or suspension of the contractual party by any federal, state, local, or other governmental entity. 6. False certification pursuant to paragraph (c) below. 7. Any other cause judged by the Executive Director to be so serious and compelling as to affect the responsibility of the contractual party performing CRA and City contracts. 8. One or more public transactions (Federal, state, or local) terminated for cause or default. 9. Civil judgment rendered for the commission of fraud. Additionally, the undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel are not presently indicted for otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with the commission of any of the violations set forth above. 39733219.2 (c) Certification: All contracts for goods and services, sales, and leases by the CRA and City shall contain a certification that neither the contractual party nor any of its principal owners or personnel has been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5). The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel has been convicted of any of the violations set forth above, or debarred or suspended as set forth in paragraph (b) (5). IN WITNESS WHEREOF, the undersigned has hereunto set its hand as of the day and year first above written. WYNWOOD HAUS, LLC, a Florida limited Liability company By: WYNWOOD HAUS JV, LLC, a Delaware limited liability company, its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC, a Florida limitesllrlyty compa its Operat. By: Name: ego Bonet Cassuto Title: Manager STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) The foregoin instrument was acknowledged before me, by means of LCJphysical presence or 0 online notarization, this day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus Holdings II, LLC, a Florida li ited liability company, as operating member of Wynwood Ha JV, LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida limited lia" company, who is known to me or who has produced as ide AL, o' t of Florida My Commission Expires CHUCK J NI EVES �01PPV FHB/= State of Florida -Notary Public Commission # GG 223512 "t1l�c My Commission Expires May 30, 2022 39733219.2 CERTIFICATE OF AUTHORITY (LIMITED LIABILITY CORPORATION) STATE OF FLORIDA ) ) SS/ EIN: (83- 4414740) COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that a meeting of the principals of WYNWOOD HAUS, LLC, a Florida limited liability company (the "Company"), whose mailing address is 1200 Ponce De Leon Blvd. Suite 900, Coral Gables, FL 33134, organized and existing under the laws of the State of Florida held on March 4, 2022, the following resolution was duly passed and adopted: "RESOLVED, that: 1. Wynwood Haus LLC is the owner of property located within the boundaries of the CRA at: 1765 North Miami Avenue 2. Wynwood Haus, LLC is wholly owned and operated by Wynwood Haus JV, LLC. 3. Wynwood Haus JV, LLC is owned and operated by Wynwood Haus Holdings II, LLC. 4. Diego Bonet, with an address at 350 NE 24th Street Suite 108, Miami Florida 33137, and Camilo Lopez, with an address at 4100 N Miami Avenue, Fl 33127, are both listed as Managers of Wynwood Haus Holdings II, LLC. 5. Diego Bonet the Manager of the Wynwood Haus Holdings II, LLC be and is hereby authorized to apply for, accept and execute all documents in connection with (1) that certain $1,100,000.00 grant and $12,935,674.61 TIF, made by the Omni Redevelopment District Community Redevelopment Agency ("CRA") to the Company and dated on or about the date hereof." I further certify that said resolution is now in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] Page 1 of 2 39732907.2 IN WITNESS WHEREOF, the undersigned has hereunto set its hand as of the day and year first above written. STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE WYNWOOD HAUS, LLC, a Florida limited liability company By: WYNWOOD HAUS JV, LLC, a Delaware limited liability company, its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC, a Florida 1i s ' bility company, its O.•er By: Name: Diego Bonet Cassuto Title: Manager The foregoing instrument was acknowledged before me, by means of C8physical presence or ❑ online notarization, this day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus Holdings II, LLC, a Florida li ited liability company, as operating member of Wynwood Haus JV, LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida limited liability company, who is known to me or who has produced as identification My Commission Expires ,,,TaV//i CHUCK J NIEVES _� State of Florida -Notary Public nni ._ Commission # GG 2 2351 2 My Commission Expires May 30, 2022 39732907.2 Page 2 of 2 ital‘nae . f Florida SWORN STATEMENT ON PUBLIC ENTITY CRIMES SECTION 287.133(3)(a), FLORIDA STATUTES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a Public Agency and Body Corporate created pursuant to Section 163.356, Florida Statutes. by : Diego Bonet Cassuto, as Manager of Wynwood Haus JV, LLC, the operating member of Wynwood Haus Holdings II, LLC, the sole Member of WYNWOOD HAUS, LLC for WYNWOOD HAUS, LLC whose business address is: 1200 Ponce De Leon Blvd., Suite 900, Coral Gables, FL 33134 and (if applicable) its Federal Employer Identification Number (FEIN) is: 83-4414740. 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)9g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or the United States, including, but not limited to, any bid or contract for goods and services to be provided to any public entity or an agency or political subdivision of any other state or of the United States involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction or a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of aplea of guilty or nolo contendere. 4. I understand than an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a Team with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an entity. 1 39733085.2 6. Based on information and belief, the statement that I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] VNeither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, not any affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. This entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] 7. This affidavit may be signed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same document binding on all of the parties, notwithstanding that not all of the parties have signed the same counterpart. Any signature delivered by a party by facsimile, email or other electronic transmission shall be deemed to be an original signature to this affidavit I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [SIGNATURES CONTINUED] 2 39733085.2 IN WITNESS WHEREOF, the undersigned has hereunto set its hand as of the day and year first above written. WITNESSES: WYNWOOD HAUS, LLC, a Florida limited liability company By: WYNWOOD HAUS JV, LLC, a Delaware limited liability company, Print Name: 11Q(O, 1Qc(,Zikc11 its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC, a Florida limi ility company, its Opera Print Name: QIeS. WYNWOOD HAUS, LLC Address: Attn: DIEGO BONET 1200 Ponce De Leon Blvd. Suite 900 Coral Gables, FL 33134 STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) By: Name: 1 iego Bonet Cassuto Title: Manager The foregoing instrument was acknowledged before me, by means of physical presence or ❑ online notarization, this day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus Holdings II, LLC, Florida limited liability company, as operating member of Wynwood Haus JV, LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida limited Liability company, who is known to me or who has produced as identification. My Commission Expires: �,,a�P�, CHUCK J NIEVES P B <<;-,State of Florida -Notary Public Commission # GG 223512 ; wo My Commission32�2Pires May 30 3 39733085.2 ary ' ublic, State of Florida CERTIFICATE OF AUTHORITY (LIMITED LIABILITY CORPORATION) STATE OF FLORIDA ) ) SS/ BIN: (83- 4414740) COUNTY OF M1AMI-DADS ) I HEREBY CERTIFY that a meeting of the principals of WYN\VOOD HAUS, LLC, a Florida limited liability company (the "Company"), whose mailing address is 1200 Ponce De Leon Blvd. Suite.900, Coral Gables, FL 33134, organized and existing under the laws of the State of Florida held on March 4, 2022, the following resolution was duly passed and adopted: "RESOLVED, that: 1. Wynwood Haus LLC is the owner of property located within the boundaries of the CRA at: 1765 North Miami Avenue 2. Wynwood Haus, LLC is wholly owned and operated by Wynwood Haus JV, LLC. 3. Wynwood Haus JV, LLC is owned and operated by Wynwood Haus Holdings 11. LLC. 4. Diego Bonet, with an address at 350 NE 24' Street Suite 108, Miami Florida 33137, and Camilo Lopez, with an address at 4100 N Miami Avenue, Fl 33127, are both listed as Managers of Wynwood Haus Holdings II, LLC. 5. Diego Bonet the Manager of the Wynwood Haus Holdings II, LLC be and is hereby authorized to apply for, accept and execute ail documents in connection with (I) that certain S1,100,000.00 grant and S12,935,674.61 TIF, made by the Omni Redevelopment District Community Redevelopment Agency ("CRA") to the Company and dated on or about the date hereof." I further certify that said resolution is now in full force and effect. 39732907 2 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] Page 1 of 2 IN WITNESS WI IEREOF, the undersigned has hereunto set its hand as of the day and year first above u ritten. STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE 1 WYNWOOD HAUS, LLC, a Florida limited liability company - By: WYNWOOD HAUS JV, a Delaware limited liability company, its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC, a Florida ileil4iqbUity company, its Ori1ing Meer By: Name: Diego Bonet Cassuto Tide: Manager The foregoing instrument was acknowledged before mc, by means of physical presence or 0 online notarization, this r day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus Holdings II, LLC, a Florida li tited liability company, as operating member of Wynwood Haus JV. LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida limited liability company, who is known to me or who has produced as identification My Commission Expires CHUCK J NIEVES State of Florida -Notary Public Commission it GG 22351 2 My Commission Expires May 30, 2022 Page 2 of 2 39732907,2 e Florida (a) CERTIFICATE OF DEBARMENT AND SUSPENSION Authority and requirement to debar and suspend: After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to such party to be heard, the Executive Director, after consultation with the City Attorney as General Counsel, shall have the authority to debar a contractual party for the causes listed below from consideration for award of CRA contracts. The debarment shall be for a period of not fewerthan three years. The Executive Director shall also have the authority to suspend a contractor from consideration for award of City contracts if there is probable cause for debarment. Pending the debarment determination, the authority to debar and suspend contractors shall be exercised in accordance with regulations, which shall be issued by the Chief Procurement Officer after approval by the Executive Director, the City Attorney, and the CRA Board or City Commission. (b) Causes for debarment or suspension include the following: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public (Federal, state, or local) or private contract or subcontract, or incident to the performance of such contract or subcontract. 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or Proposals. 4. Violation of contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a contract or to perform within the time limits provided in a contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. 5. Debarment, proposed for debarment, declaration of ineligibility, voluntary exclusion from covered transactions, or suspension of the contractual party by any federal, state, local, or other governmental entity. 6. False certification pursuant to paragraph (c) below. 7. Any other cause judged by the Executive Director to be so serious and compelling as to affect the responsibility of the contractual party performing CRA and City contracts. 8. One or more public transactions (Federal, state, or local) terminated for cause or default. 9. Civil judgment rendered for the commission of fraud.. Additionally, the undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel are not presently indicted for otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with the commission of any of the violations set forth above. 39733219:1 (c) Certification: All contracts for goods and services. sales, and leases by the CRA and City shall contain a certification that neither the contractual party nor any of its principal owners or personnel has been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5), The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel has been convicted of any of the violations set forth above, or debarred or suspended as set forth in paragraph (b) (5). IN WITNESS WHEREOF, the undersigned has hereunto set its hand as of the day and year first above written. STATE OF FLORIDA COUNTY OF IMAM I-DA DE ) ) ss: } WYNWOOD HAUS, LLC, a Florida limited liability company By: WYNWOOD 1HAUS JV, LLC, a Delaware limited liability company, its Sole Member • By: WYNWOOD HAUS HOLDINGS 1I, LLC, a Florida limiteyiliats ii t v comps its Operas By: Name: A ego Bonet Cassuto Title: Manager The forel oina9 instrument was acknowledged before me, by means of La physical presence or 0 online notarization, this day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus Holdings i1, LLC, a Florida lifnited liability company, as operating member of Wynwood ITaus JV, LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida limited liapdry company, who is known to me or who has produced as idenlit• My Commission Expires CHUCK J NIEVES ;face of Florida -Notary Pub Cvrnnussiun P GG 223512 My Commission Explras May 30, 2022 397332I9 2 fi Florida 1 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with the awarding of any contract, the making of any grant, the making of any loan. the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant, loan, or cooperative agreement. (2) tf any funds other than appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than S 100,000 for each such failure. WYNWOOD HAUS, LLC, a Florida Limited liability company 13y: WYNWOOD ItAUSJV, LLC.. a Delaware limited liability company. - its Sole Member By: WYNWOOD ITAUS HOLDINGS Ii, LLC, a Florida limite. r mpany its Operati By: Name: Diego 1 onet Cacsuto Title: Manager * Note if applicable: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over S 100,000 (per QMB). 397331792 • �,{• "•' ate.: A .-4! • , V K - •, . -- CONFLICT 0 F NTEREST DTSCL0StRE .AFFIDAVIT CILAi'ITR Il , FLORID STATITTES SIGNED 4,'ND aORN TO IN THE PRESENCE OF N TAR ' PE RUC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATS. Twax and busa$-$$ a $ .-f zc t/. ss -with the C ._f Midtra WINA tk) txn`rnc%3 r3r n d Z a F{ FiaNI ThiSilltS WU foamed �bcair,e,d, iratist, FOR CORPORATIONS eta ttla the C a,C6 or 'r =playt of t RA .e: t;: NONE STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) WYNWOOD HAUS, LLC, a Florida limited liability company By: WYNWOOD HAUS 1V, LLC, a Delaware limited liability company, its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC, a Fiori a exi liability company, its By: Name: Dig Bonet Cassuto Title: Manager The foregoing instrument was acknowledged before me, by means of physical presence or 0 online notarization, this day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus holdings II, LLC, a Florida limited liability company, as operating member of Wynwood Haus 1V, LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida litpited liability company, who is known to me or who has produced as id- -tification. ily Commission Expires 39733055 2 CHUCK J NIEVES Erato ct Florida-Nosary Public Gommiseion w GG 223512 My Commission Expires ' May 30, 2022 2 otWlorida SWORN STATEMENT ON PUBLIC ENTITY CRIMES SECTION 287.133(3)(a), FLORIDA STATUTES TIIIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY a Public Arrencv and Body Corporate created pursuant to Section 163.356, Florida Statutes. by : Diego Bonet Cassuto, as Manager of Wynwood Haus JV, LLC, the operating member of Wynwood Haus Holdings 11, LLC, the sole Member of WYNWOOD HAUS, LLC for \VYNWOOD IIAUS, LLC whose business address is: 1200 Ponce De Leon Blvd., Suite 900, Coral Gables, FL 33134 and (if applicable) its Federal Employer Identification Number (FEIN) is: 83-4414740. 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)9g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or the United States, including, but not limited to, any bid or contract for goods and services to be provided to any public entity or an agency or political subdivision of any other state or of the United States involving antitrust. fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction or a public entity crime, With or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand than an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees,members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall he a prirna facie case that one person controls another person. A person who knowingly enters into a Team with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. t understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an entity. N733085 2 6. Based on information and belief, the statement that I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.( VNeither the entity submitting this sworn statement, nor any officers. directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, not any affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. This entity submitting this sworn statement, or one or more of its officers. directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted ofa public entity crime subsequent to July I, 1939. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989_ However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Adrninistrative Hearings and the Final Order entered by the Bearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order( 7. This affidavit may be signed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same document binding on all of the parties, notwithstanding that not all of the parties have signed the same counterpart. Any signature delivered by a party by facsimile, email or other electronic transmission shall be deemed to be an original signature to this affidavit I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF TILE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE TILRESIIOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. )SIGNATURES CONTINUED) 34733085 2 IN WITNESS WIIEREOF, the undersigned has hereunto set its hand as of the day and year first above written. WITNESSES: )137C16to Cf Print Name: f't'Qti�lOrict<Dn Print Name: N' N'AN.L.,- WYNW00D HAUS, LLC Address: Attn: DIEGO BONET 1200 Ponce De Leon Blvd. Suite 900 Coral Gables, FL 33134 STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) WYNWOOD IIAUS, LLC, a Florida limited liability company By: WYNWOOD HAUS 1V, LI.C, a Delaware. limited liability company, its Sole Member By: WYNWOOD HAUS HOLDINGS II, LLC. a Florida hmi t��ility- company, its Op g Metytfer By: Name: Diego Bonet Cassuto Title: Manager The foregoing instrument was acknowledged before me, by means of "'physical presence or 0 online notarization, this day of March, 2022, by Diego Bonet Cassuto, as manager of Wynwood Haus Holdings LI, LLC, Florida limited liability company, as operating member of Wynwood Haus JV, LLC, a Delaware limited liability company, as sole member of Wynwood Haus, LLC, a Florida limited liability company, who is known to me or who has produced as identification, My Commission Expires: CHUCK J NIEVES Stato of Flonda•Natary Public Commissions GG 223512 My Commission Expires May 30 . 2022 39733U832 ry; Public, State of Florida Beneficial Interest and Disclosure ofOwnership Affidavit 1. this Affidavit is submitted to the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a Public Agency and Body Corporate created pursuant to Section 163.356, Florida Statutes, whereupon the undersigned authority, personally appeared, Diego 13onet Cassuto, as Manager ("Corporate Representative") of WYNIVOOD HAUS IIOLDINGS II, LLC, a Florida limited liability company, the operating member of Wynwood Iiaus JV, LLC, a Delaware limited liability company, as sole member of WYNWOOI) I LADS, LLC, a Florida Limited liability company, whose mailing address is 1200 Ponce De Leon Blvd. Suite 900, Coral Gables FI. 33134, and (if applicable) its Federal Employer Identification Number (FEIN) is: 83-3414740, subject to the penalties prescribed for perjury, deposes and says: '_. The Corporate Representative has read the contents of this Affidavit, has actual knowledge of the facts eontuined herein, and states that the facts contained herein are true. correct, and complete. 3, The following is a list of every "person" (as defined in Section 1.01(3), Florida Statues to include individuals, children firms, associates, John ventures, partnerships, estates, trusts. business trusts. syndicates, fiduciaries, eorporations and all other groups and combinations) as of the date hereof holding 5% or more of the beneficial interest in the disclosing entity: Of more space is needed, attach separate sheet): Wynwood !taus Holdings 1I, L.LC. 4. This allidavit muy he signed in several counterparts. each of which shrill be an original and all of which together shall constitute but one and the same document binding on all of the parties, notwithstanding that not all of the parties have signed the same counterpart. Any signature delivered by a party by facsimile. email or other eleetrenic transmission shall be deemed to be an original signature to this affidavit. IN WITNESS WHEREOF,•the undersigned has hereunto set its hand as of the day and year first above written. STATE OF FLORIDA COUNTY OF MIAMI-DAD1 ) ) ss: WI/WOOD HAUS, LLC, a Florida limited liability company By: WYNWOOD HALLS JV, LLC, a Delaware limited liability company, its Sole Member By: WYNIVOOD IIAUS HOLDINGS IL LLC, a Florida!' itcri liiib lity company, its acing Mr By: Name: ego Bonet Cassuto Title: Manager The foreg�oin , instrument was acknowledged before me. by means of Ira phye, sical presence or 0 online, notarization. this .J7'• day of March, 2022,, by Diego Bonet Cassuto, as manager of Wynwood I taus Holdings 1I, LLC, a Florida limited liability company, as operating member of Wynwood llaus JV, LLC, a Delaware limited Liability company, as sole member of Wynwood Klaus, LLC, a Florida limited habit' company. who is known to me or who has produced as idcntifrca s n My Commission r ices - 39732802 CHUCK J NIE S:att; of Ftoritta Notary Publ c Commission r+ GG 223512 My Commission Expires May 30.-2022 SAUL EWING ARNSTEIN & LEHR"P MEMORANDUM To: Isiaa Jones, Esq. From: Luis Flores Date: March 10, 2022 Subject: Wynwood Haus/CIA Documents (Executed) 555 In connection with the above -referenced matter, enclosed please find the following documents signed by an authorized representative of the property owner, Wynwood Haus LLC, for the Wynwood Haus project: 1. Rent Regulatory Agreement 2. Declaration of Restrictive Covenants 3. Economic Incentive Agreement fStapctt atti i l-► CakC 4. Sworn Statement on Public Entity Crimes 5. Certificate of Authority 6. Certificate of Debarment and Suspension 7. Conflict of Interest Disclosure Affidavit 8. Certification Regarding Lobbying 9. Beneficial Interest and Disclosure of Ownership Affidavit Please do not hesitate to contact me at 305-428-4520 if you have any questions regarding the enclosures. LF 39770760.1