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HomeMy WebLinkAbout26330AGREEMENT INFORMATION AGREEMENT NUMBER 26330 NAME/TYPE OF AGREEMENT SMOOTHIE GIRLS 4 FL, LLC DESCRIPTION GRANT AGREEMENT/BUSINESS GRANT REQUEST PACKAGE FOR $310,000 EFFECTIVE DATE October 21, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/21/2026 DATE RECEIVED FROM ISSUING DEPT. 10/22/2026 NOTE GRANT AGREEMENT This GRANT AGREEMENT ("Agreement") is made as of this 21 day of O C-W O W- 2026 ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("SEOPW CRA" or "Grantor"), and SMOOTHIE GIRLS 4 FL, LLC, a Florida Limited Liability Company ("Grantee") (collectively, the "Parties"). RECITALS A. WHEREAS, the SEOPW CRA is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West Community Redevelopment Plan Update, as amended and restated (the "Plan"); and B. WHEREAS, pursuant to Section 163.340(9), Florida Statutes, "community redevelopment means projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slum and blight"; and C. WHEREAS, Section 2, Section 2, Goal 4, of the Plan, lists the "creat[ion of] jobs within the community," as stated redevelopment goal; and D. WHEREAS, Section 2, Goal 6, of the Plan, focuses on "improv[ing] the quality of life for residents," as a stated redevelopment goal; and E. WHEREAS, Section 2, Principle 6, of the Plan, discusses "address[ing] and improv[ing] the neighborhood economy and expand[ing] the economic opportunities of present and future residents," as a stated redevelopment principle; and F. WHEREAS, Grantee is the current tenant of approximately 1,277 leasable square feet of commercial/retail space situated on the ground floor of the mixed -used building at 249 Northwest 6th Street, Suite 102, Miami, Florida 33136 ("Property"), within the Redevelopment Area, and seeks financial assistance to further support the build -out cost phase of "Tropical Smoothie Cafe #FL-412" at the Property (the "Project"); and G. WHEREAS, Grantee submitted a proposal, attached and incorporated herein as Exhibit "A," requesting a grant from the SEOPW CRA in order to undertake the Project; and H. WHEREAS, the Board of Commissioners of the SEOPW CRA ("Board"), by Resolution No. CRA-R-26-0015, attached hereto as Exhibit `B," passed and adopted on April 9, 2026, authorized the issuance of a grant, in an amount not to exceed Three Hundred Ten Thousand Dollars and Zero Cents ($310,000.00) (the "Grant"), to Grantee to underwrite costs associated with the Project; and I. WHEREAS, the Parties wish to enter into this Agreement to set forth the terms and conditions relating to the use of the Grant ("Purpose"). NOW THEREFORE, in consideration of the mutual promises of the Parties contained herein and other good and valuable consideration, receipt and sufficient of which is hereby acknowledged, the SEOPW CRA and Grantee agree as follows: Page 1 of 18 1. RECITALS. The Recitals to this Agreement are true and correct, and are incorporated herein by referenced and made a part hereof. 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the SEOPW CRA hereby agrees to make available to Grantee funds not to exceed the authorized amount, pursuant to CRA-R-26-0015, to be used exclusively for the Purpose stated herein and disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant shall be used to underwrite costs associated with the Project, in accordance with the approved Scope of Work and Budget ("Project Budget"), attached hereto as Exhibit "C." As indicated on Section 5(e) of the 2007 Interlocal Agreement, the Grant shall be used solely towards the Property infrastructure. Grantee is aware that the SEOPW CRA is not obligated to expend additional funds beyond the authorized amount defined herein. 4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate upon the earlier of full disbursement of Three Hundred Ten Thousand Dollars and Zero Cents ($310,000.00), or earlier as provided for herein; provided, however, that the following rights of the SEOPW CRA shall survive the expiration or early termination of this Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 5. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the terms and conditions contained in this Agreement, the SEOPW CRA shall make available to Grantee up to the Grant amount. In no event shall payments to Grantee under this Grant agreement exceed the Grant amount. Payments shall be made to Grantee or directly to vendors on behalf of Grantee, only after receipt and approval of requests for disbursements. Grantee acknowledges and accepts that the disbursed funds shall be used exclusively for the improvement of the infrastructure on the Property. b. PRE -APPROVAL OF EXPENSES. Grantee agrees to submit to the SEOPW CRA all requests for the expenditure of Grant funds for pre -approval by the SEOPW CRA. Failure to submit said requests prior to incurring expenses may result in Grantee bearing the costs incurred. The SEOPW CRA shall review said requests to ensure that the expense(s) sought to be incurred by Grantee is an expense within the approved Project Budget, attached hereto as Exhibit "C," and the SEOPW CRA reserves the right to deny any and all requests it deems to be outside of the approved Project Budget. c. REQUESTS FOR DISBURSEMENT OF GRANT. All requests for the disbursement of funds by Grantee shall be submitted in writing to the SEOPW CRA by Grantee's authorized representative prior to the termination of this Agreement. All such requests must be accompanied by supporting documents reflecting the use of funds and/or expenditures incurred, and that the request is being made in accordance with the approved Project Budget, as reflected in Exhibit "C," for expenditures incurred during the Term of this Agreement. For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Program shall be in Grantee's name, and not in the name of the SEOPW CRA in light of Grantee's inability to bind the SEOPW CRA to any legal and/or monetary obligation whatsoever. The SEOPW CRA reserves the right to request additional supporting documentation for any expenditures, and the SEOPW CRA reserves the right to deny any and all requests it deems to be outside of the approved Program Budget. Grantee's failure to provide additional supporting documentation or explanation regarding expenses incurred, when requested by the SEOPW CRA, shall serve as grounds for immediate termination of this Agreement, and Grantee solely shall bear all costs associated with any expenditures not approved by the SEOPW CRA. Grantee understands and Page 2 of 18 acknowledges that the SEOPW CRA shall not disburse grant funds for any expense that has not been previously approved by the SEOPW CRA in accordance with Section 5(b) above, and that such expenses shall be borne solely by Grantee. d. CASH AND MOBILE PAYMENT TRANSACTIONS PROHIBITED. The Parties agree that no payment will be made to Grantee as a reimbursement for any Project -specific expenditure paid in cash or via mobile payment application(s), including, but not limited to, Cash App, Zelle, PayPal, and Venmo. Grantee acknowledges that cash and mobile payment transactions are insufficient per se to comply with record -keeping requirements under this Agreement. e. APPROVAL OF BUDGET MODIFICATIONS. Grantee agrees to submit any and all budget modifications, in writing, including line -item expenditures and descriptions, which exceed the approved budgeted amount, to the Executive Director for approval. f. NO ADVANCE PAYMENTS. Unless authorized by the Executive Director, the SEOPW CRA shall not make advance payments to Grantee or Grantee's vendors for services not performed or for goods, materials or equipment, which have not been delivered to Grantee for use in connection with the Project. g. UNFORESEEN COSTS AND/OR CHANGE ORDERS. During the course of the Project, should unforeseen costs and/or change orders arise that are not within, or exceed, the approved Project Budget, Grantee shall immediately request cost approval by submitting a written request to the SEOPW CRA, stating the reason for the unforeseen cost and/or change order with supporting documentation prior to incurring said cost(s). Failure to submit said request(s) to the SEOPW CRA, and obtain express approval, prior to incurring expenses shall result in Grantee bearing all costs incurred. Grantee acknowledges that the SEOPW CRA has no obligation to fund unforeseen costs or change orders that are not within, or exceed, the approved Project Budget, or which will cause the amount of the Grant to be exceeded. h. RETAINAGE. The SEOPW CRA shall retain ten percent (10%) of all invoice amounts and shall release the same to Grantee or its general contractor upon Project completion, specifically upon issuance of a Certificate of Completion or of Occupancy from the City of Miami's Building Department for such portion of the Project. 6. JOB CREATION DURING CONSTRUCTION. a. LABORER PARTICIPATION. Grantee agrees to cause its general contractor and all subcontractors to hire forty percent (40%) of the labor for the construction of the Project from workers residing in the City of Miami, giving first priority to workers residing in the Redevelopment Area, which encompasses part of zip code 33136, and second priority to workers residing within all bounds of the Overtown Community. b. REPORT REQUIREMENTS. Grantee shall be required to submit to the Executive Director monthly reports detailing evidence of compliance with the laborer participation requirement ("Participation Report"). The Participation Report shall contain such information as the Executive Director may reasonably require for the Executive Director to determine whether Grantee is in compliance with the laborer participation requirement. c. DISPUTES. In the event of any disputes between the Executive Director and Grantee as to whether any a laborer resides in the City of Miami, and whether Grantee has complied with the priority requirements, the Executive Director and Grantee shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved within ten (10) days, either party may submit the dispute to the Board for resolution. The decision of the Board shall be binding on the Parties. Page 3 of 18 7. RESTRICTIVE COVENANT. Intentionally omitted. 8. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee acknowledges and accepts that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines and other requirements affecting the SEOPW CRA's activities in issuing the Grant. The SEOPW CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply, and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 9. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Agreement, the SEOPW CRA shall have the right to take one or more of the following actions: a. Withhold all payments, pending correction of the deficiency by Grantee; b. Recover all payments made to Grantee; c. Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Project; and/or e. Take such other remedies that may be legally permitted. 10. RECORDS AND REPORTS/AUDITS AND EVALUATION. a. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The Parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the SEOPW CRA's Audit Rights (defined in Section 10(c) below), Grantee acknowledges and accepts i) the SEOPW CRA's right to access Grantee's records, legal representatives' and contractors' records, and ii) Grantee's obligation to retain and to make those records available upon request, and in accordance with all applicable laws. Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, Grantee's contractors and subcontractors must make available, upon the SEOPW CRA's request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Project for a period of five (5) years after the expiration, early termination or cancellation of this Agreement. b. REPORTS. Grantee shall deliver to the SEOPW CRA reports relating to the use of the Grant as reasonably requested by the SEOPW CRA, from time to time. Failure to provide said reports shall result in grant funds being withheld until Grantee has complied with this provision. Thereafter, continued failure by Grantee in providing such reports shall be considered a default under this Agreement. c. AUDIT RIGHTS. The SEOPW CRA shall have the right to conduct audits of Grantee's records, pertaining to the Grant, and to visit the Project, in order to conduct its monitoring and evaluation activities. Grantee agrees to cooperate with the SEOPW CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. d. FAILURE TO COMPLY. Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the SEOPW CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA. Page 4 of 18 11. UNUSED FUNDS. Upon the expiration of the term of this Agreement, Grantee shall transfer to the SEOPW CRA any unused Grant funds on hand at the time of such expiration. 12. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the SEOPW CRA for review and approval in accordance with the terms set forth in this Agreement. Grantee, through its authorized representative shall certify that work reflected in said invoices has, in fact, been performed in accordance with the approved Project Budget set forth in Exhibit "C." b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Project in accordance with the approved Project Budget set forth in Exhibit "C," as well as Section 5(e) of the 2007 Interlocal Agreement. All expenditures of the Grant shall be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and separate accounts and accounting records shall be maintained. d. POLITICAL ACTIVITIES. Grantee acknowledges that no expenditure of Grant funds shall be used for political activities. e. LIABILITY GENERALLY. Grantee shall be liable to the SEOPW CRA for the amount of the Grant expended in any manner inconsistent with this Agreement. f. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the part of, and has been, or will be, duly executed and delivered by Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other agreement or instrument to which Grantee is a party; or (iii) contravenes or results in any breach of, or default under any other agreement to which Grantee is a party, or results in the creation of any lien or encumbrances upon any property of Grantee. 13. NON-DISCRIMINATION. Grantee, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or any other protected class prescribed by law 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, disability or any other member of a protected class 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. 14. CONFLICT OF INTEREST. Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Agreement by Grantee. Grantee covenants, represents and warrants that it will comply with all such conflict of interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Miami -Dade County Code, Section 2-11.1. Page 5 of 18 15. CONTINGENCY. 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, or change in regulations. The SEOPW CRA shall not be liable to Grantee for any amendment or termination of this Agreement pursuant to this Section. 16. MARKETING. a. PUBLICATION. In the event Grantee wishes to engage in any marketing efforts, Grantee shall, solely upon approval by the SEOPW CRA and in accordance with Section 16(b) below, produce, publish, advertise, disclose, or exhibit the SEOPW CRA's name and/or logo, in acknowledgement of the SEOPW CRA's contribution to the Project, in all forms of media and communications created by Grantee for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or interviews. b. APPROVAL. The SEOPW CRA shall have the right to approve the form and placement of all acknowledgements described in Section 16(a) above, which approval shall not be unreasonably withheld. c. LIMITED USE. Grantee further agrees that the SEOPW 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 SEOPW CRA's name and logo, confers or may be construed as conferring upon Grantee any right, title, or interest whatsoever in the SEOPW CRA's name and logo beyond the right granted in this Agreement. d. SEOPW CRA CONSTRUCTION SIGN. Grantee shall display, and cause to be displayed, at the Property, in a prominent, most visible area to the public, a sign displaying the SEOPW CRA logo, and the SEOPW CRA's monetary contribution to the Project ("Construction Signage"). Grantee shall display, and cause to be displayed, the Construction Signage until the Project is complete. The Construction Signage shall be paid for by Grantee and all Construction Signage specifications will be provided by the SEOPW CRA. The SEOPW CRA shall approve the location of the Construction Signage prior to its installation. 17. DEFAULT. If Grantee fails to comply with any term or condition of this Agreement, or fails to perform any of Grantee's obligations hereunder, and Grantee does not cure such failure within thirty (30) days following receipt of written notice from the SEOPW CRA that such failure has occurred, then Grantee shall be in default. Upon the occurrence of such default hereunder the SEOPW 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 SEOPW CRA directly to Grantee and utilized by Grantee in violation of this Agreement shall be immediately returned to the SEOPW CRA. Grantee understands and agrees that termination of this Agreement under this section shall not release Grantee from any obligation accruing prior to the effective date of termination. 18. NO LIABILITY. In consideration for the Grant, Grantee hereby waives, releases and discharges the SEOPW CRA, the City of Miami, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to the Grantee, its officers, directors, members, employees, agents, representatives, with respect to any of the provisions of this Agreement or performance under this Agreement. 19. INDEMNIFICATION OF THE SEOPW CRA. Grantee agrees to indemnify, defend, protect and hold harmless the SEOPW CRA and the City of Miami from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any Page 6 of 18 injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Agreement or the Project, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of Grantee or its employees, agents or subcontractors (collectively, referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the SEOPW CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the SEOPW CRA; or (ii) the failures of Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement. Grantee expressly agrees to indemnify and hold harmless the SEOPW CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Project, as provided above, for which Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. 20. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance coverage as provided in Exhibit "D," attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the SEOPW CRA, or the City of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance, indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Project under this Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA. Completed Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any time upon request by SEOPW CRA file duplicate copies of the policies of such insurance with the SEOPW CRA. If, in the reasonable judgment of SEOPW CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different in kind, SEOPW CRA reserves the right to require the provision by Grantee of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following SEOPW CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, SEOPW CRA shall pay Grantee expenses incurred for the Project, prior to the date of termination but shall not be liable to Grantee for any additional compensation, or for any consequential or incidental damages. 21. PAYMENT AND PERFORMANCE BOND; QUALIFICATION OF SURETY. Grantee agrees that it shall require that the general contractor selected to perform the work described in Exhibit "C" to furnish a Payment and Performance Bond ("Bond") within fifteen (15) calendar days of approval of the award. The Bond shall contain all the provisions of set forth in the Performance/Payment forms attached hereto as Exhibit "E." Each Bond shall be in the amount of one hundred percent (100%) of the Contract value, guaranteeing to the SEOPW CRA the completion and performance of the Work, as more defined and covered in the Contract Documents, as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project(s). Each Bond shall continue in effect for one (1) year after the Final Completion Date and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Contractor will, upon notification by the SEOPW CRA, correct any defective or faulty work or materials which appear within one (1) year after Final Completion of the Project(s). The SEOPW CRA and the City of Miami must be listed as dual obligees on the Bond. Page 7 of 18 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time to time, the Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide City and the SEOPW CRA with evidence of such recording. Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety shall provide the SEOPW CRA with evidence satisfactory to the SEOPW CRA, that such excess risk has been protected in an acceptable manner. 22. DISPUTES. In the event of a dispute between the Executive Director of the SEOPW CRA and Grantee as to the terms and conditions of this Agreement, the Executive Director and Grantee shall proceed in good faith to resolve the dispute. If the foregoing parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the Parties agree to resolve any disputes between them arising from the alleged violation of the terms of this Agreement, in accordance with Section 18-105, of the Code of the City of Miami, as amended ("City Code"), as adopted by the SEOPW CRA. 23. INTERPRETATION. a. 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. b. 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 SEOPW CRA and Grantee relating to the Agreement. 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 parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. c. CONTRACTUAL INTERPRETATION. 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. d. 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 Page 8 of 18 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. e. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. f. 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. g. 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. h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto. 24. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 25. DOCUMENT OWNERSHIP. Upon request by the SEOPW CRA, all documents developed by Grantee shall be delivered to the SEOPW CRA upon completion of this Agreement, and may be used by the SEOPW 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 SEOPW CRA to Grantee pursuant to this Agreement shall at all times remain the property of the SEOPW CRA, and shall not be used by Grantee for any other purpose whatsoever, without the written consent of the SEOPW CRA. 26. AWARD OF AGREEMENT. Grantee warrants that it has not employed or retained any person employed by the SEOPW 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 SEOPW CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of Grant. 27. NON-DELEGABILITY. The obligations of Grantee under this Agreement shall not be delegated or assigned to any other party without the SEOPW CRA's prior written consent, which may be withheld by the SEOPW CRA, in its sole discretion. 28. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 29. TERMINATION. The SEOPW CRA reserves the right to terminate this Agreement, at any time for any reason upon giving five (5) days written notice of termination to Grantee. If this Agreement should be terminated by the SEOPW CRA, the SEOPW CRA will be relieved of all obligations under this Agreement. In no way shall the SEOPW CRA be subjected to any liability or exposure for the termination of this Agreement under this Section. Page 9 of 18 30. 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 day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. To SEOPW CRA: Southeast Overtown/Park West Community Redevelopment Agency James D. McQueen, Executive Director 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: JMcQueen@miamigov.com With copy to: To Grantee: Vincent T. Brown, Esq., Staff Counsel Email: VTBrown@miamigov.com Smoothie Girls 4 FL, LLC c/o Dannie Augustin, Authorized Representative 3901 West Broward Boulevard Unit #121394 Fort Lauderdale, Florida 33312 Email: dannieaugustin@yahoo.com 31. INDEPENDENT CONTRACTOR. Grantee, its contractors, subcontractors, employees, agents, and participants in the Program shall be deemed to be independent contractors, and not agents or employees of the SEOPW CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the SEOPW CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the SEOPW CRA. Dannie Augustin <dannieaugustin@yahoo.com> 32. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 33. MULTIPLE COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. The facsimile or other electronically delivered signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. 34. ANTI -HUMAN TRAFFICKING AFFIDAVIT. Grantee confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. Grantee shall execute and submit to the SEOPW CRA an Affidavit in compliance with Section 787.06(13), Florida Statutes, attached an incorporated hereto as Attachment "A." If Grantee fails to comply with the terms of this Section, the SEOPW CRA may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the SEOPW CRA be liable to Grantee for any consequential or incidental damages. 35. MISCELLANEOUS. Page l0 of 18 a. In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Time shall be of the essence for each and every provision of this Agreement. c. All exhibits attached to this Agreement are incorporated in, and made a part of this Agreement. [Signature Page Follows] Page 11 of 18 IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the SEOPW CRA and Grantee have executed this Agreement. Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Vincent T. Brown, Esq. General Counsel Sign Name Print Nam e Address: Sign Name: de" Print Name ,4ErrG tu6cts/-r Address: 874 AH4 2.4,3 AOC/ rem b htbe. K�A►r��rt. .7371t, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes James D. McQueen Executive Director APPROVED AS TO INSURANCE REQUIREMENTS: By: David Ruiz Interim Director of Risk Management SMOOTHIE GIRLS 4 FL, LLC, a Florida Limited Liabikt-Ee pany By: Page 12 of 18 Authorized Representativ IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the SEOPW CRA and Grantee have executed this Agreement. ATTEST: By: Todd B. Hannon Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Vincent T. Brown, Esq. General Counsel Sign Name Print Name: I / '4. • Address: i / i!i�.1 • a (/ ('•tld'+� SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes By: James D. McQueen Executive Director APPROVED AS TO INSURANCE REQUIREMENTSr—signed by: FralAk aawml) David RuizG73a5i,b3 i8t14tT... Interim Director of Risk Management By: SMOOTHIE GIRLS 4 FL, LLC, a Florida Limited Liability Company, Authorized Representative Sign Name: Print Name:V[ _Cgrx_rgliaL SE Address: t1 q Nil 2 M 1 . S� (tigg't Palle i t'i �,�l3 Page 12 of 18 Exhibit "A" Grantee's Approved Proposal Page 13 of 18 January 20, 2026 Overtown Community Redevelopment Agency Miami, Florida RE: Grant Funding Request — Tropical Smoothie Cafe — Overtown Dear Members of the Overtown CRA Review Committee, Smoothie Girls 4 FL respectfully submits this request for $310,000 in grant funding to support the development of Tropical Smoothie Cafe — Overtown, located at 249 NW 6th Street, Suite 102, Miami, FL 33136. Smoothie Girls 4 FL is a multi -brand, multi -unit franchise ownership group led by Dannie and Genese Augustin, with a combined 16 years of franchise ownership and operational experience. The proposed Overtown cafe will be the company's fourth Tropical Smoothie Cafe and second in Miami -Dade County, representing a continued commitment to investing in local communities. The project will involve the complete interior build -out of a vanilla shell space, including kitchen installation, customer seating, ADA-compliant upgrades, life safety systems, and exterior signage. Construction is expected to begin in March 2026, with a projected opening in June 2026. This project aligns with the Overtown CRA's goals of economic revitalization and job creation. Upon opening, the cafe will create one full-time management position and approximately ten part-time jobs, with an emphasis on hiring local residents. The cafe will also expand access to healthy, affordable food options for Overtown residents, employees, and visitors. Grant funds in the amount of $310,000 will be used toward eligible build -out and equipment costs. Smoothie Girls 4 FL is further investing in the project through business loan financing to support inventory, smallwares, working capital, insurance, and operating systems. Thank you for your time and consideration. We respectfully request your favorable review of this application and welcome the opportunity to provide any additional information. Sincerely, Dannie Augustin Managing Member, Smoothie Girls 4 FL Genese Augustin Managing Member, Smoothie Girls 4 FL Smoothie Girls 4 FL I Tropical Smoothie Cafe — Overtown Grant Request Package Address: 249 NW 6th St, Suite 102, Miami, FL 33136 Submitted by: Dannie and Genese Augustin, Owners Submission Date: January 20, 2026 Requested Amount: $310,000 1. Business Overview Smoothie Girls 4 FL is a multi -brand, multi -unit franchise operator led by Dannie and Genese Augustin, who collectively brings over 16 years of franchise management experience. The company currently owns and operates three successful Tropical Smoothie Cafe locations in South Florida, with the Overtown site being their fourth. This new cafe will be located at 249 NW 6th Street, Suite 102, Miami, FL 33136. At Smoothie Girls 4 FL, our mission is to empower healthier lifestyles by offering high -quality, made -to -order smoothies, wraps, and bowls. We aim to create an inviting, vibrant space that fosters community engagement, encourages wellness, and provides accessible, nutritious meal options for residents, professionals, and visitors alike. Target Market: The Overtown cafe will serve a diverse customer base, including local residents, downtown professionals, students, and health -conscious individuals seeking nutritious, affordable meal options in a fast -casual dining environment. This location represents an expansion, with an anticipated opening date of June 2026. 2. Project Details The project will transform a vanilla shell space into a fully functional Tropical Smoothie Cafe. The scope includes interior build -out, kitchen installation, customer seating, ADA compliance upgrades, fire alarm system installation, and signage. Scope of Work Includes: Interior Build -Out: Comprehensive construction of the kitchen, dining, and seating areas to maximize space efficiency and enhance customer experience. ▪ Kitchen Installation: Acquisition and installation of state-of-the-art commercial kitchen equipment tailored to meet the operational demands of the cafe. ▪ ADA Compliance: All necessary modifications to ensure the cafe meets Americans with Disabilities Act (ADA) standards, providing accessibility for all customers. ▪ Fire Alarm and Safety Systems: Installation of fire alarm systems in full compliance with local regulations to ensure the safety of customers and staff. • Signage: Professional signage to enhance visibility and attract customers to the cafe. Lease Status: The lease for this space was executed December 9, 2024. Estimated Timeline: • Construction Start: March 2026 • Projected Opening: June 2026 3. Community Impact The Tropical Smoothie Cafe in Overtown will play an essential role in the neighborhood's revitalization efforts by contributing to local economic growth, job creation, and healthier lifestyle choices. Our business will create new employment opportunities and provide the community with nutritious meal options in a modern, convenient setting. Economic and Employment Impact: ▪ Job Creation: The project will create 1 full-time position and 10 part-time jobs, with a strong emphasis on hiring local talent from the Overtown community. • Local Economy: We anticipate that the cafe will contribute to increased foot traffic and local spending in the Overtown business district, supporting other local businesses in the area. Community Benefits: ▪ Healthier Dining Options: By offering nutritious, made -to -order smoothies, bowls, and wraps, we will provide a healthy alternative to the fast food options that are often prevalent in urban areas. ▪ Inclusive Employment: We are committed to hiring locally, providing jobs and training for community members in the Overtown area, which helps foster economic mobility. • Community Engagement: Smoothie Girls 4 FL plans to engage with local schools, community centers, and health -focused organizations to promote wellness and healthy eating habits. 4. Financial Summary Build -out $251,528 Fire Alarm System $12,500 Signage $4,736 Permit Fees $9,572 Equipment $25,664 Payment and Performance Bond $6,000 Total Project Cost $310,000.00 Requested Grant Assistance: We are seeking $310,000 to fully fund the project. This will cover all costs associated with the build -out, equipment, and necessary permits. Business Contribution: The owners, Dannie and Genese Augustin, will contribute $200,000 in the form of a loan to cover inventory, small equipment, working capital, insurance, and POS systems. Additional Funding Sources: We will also secure bank financing and owner investments to ensure the project is fully funded. 5. Supporting Documentation (Appendix) To support our application, we have assembled a comprehensive set of materials that provide further detail on the project and its feasibility. These documents demonstrate our preparation for the build -out and meet the requirements for review by the Overtown CRA. Included in Appendix: • Architectural Drawings: Detailed floor plans and elevations for the proposed Tropical Smoothie Cafe — Overtown build -out, including ADA compliance layout, kitchen, and seating configuration. • Equipment Quotes: Itemized quotes from approved Tropical Smoothie Cafe vendors covering kitchen equipment, refrigeration, POS systems, and installation costs. • Construction Quotes: General contractor estimates outlining the full scope of interior build -out, finishes, fire alarm system, and permitting. • Entity Registration: Verifying active registration for Smoothie Girls 4 FL. Additional items such as the executed lease agreement, W-9, and updated site photos will be provided as they become available. Conclusion Smoothie Girls 4 FL is poised to bring a high -quality, health -conscious dining option to the Overtown community, while contributing to the area's broader revitalization and economic development efforts. With 16 years of proven franchise management expertise, a commitment to community engagement, and a vision for promoting healthier lifestyles, we are confident that this project will have a meaningful, lasting impact. We appreciate your consideration of this grant request and look forward to the opportunity to contribute to the growth and success of the Overtown neighborhood. Appendix A — Architectural Drawings OFFICE WIRING DETAL ve ININIAawnnn.an1Ps. T-STAT LOCATIONS _ OUTLET CONFIGURATION kgsru.e�6� L w_ SPEAKER LOCATIONS OATH OUTLET LOCATION ........... . VDE0.814RVE¢LANCE LOCS r._t'.!:n.. .... _.._....._...._. iiiiiiritErINIAREIREENEAAEGWI Dustin Curtis r.. €¢Rp ii3= A��rx BVI Equiprnept Quote TriMark MARLINN I ,n I �i f41 v, fJ I! I I 1 .b I.. { ..r -r -r -r Quot 11/04/2 Bill to:Project: From: Tropical Smoothie Cafe #FL-412 FL-412 Miami - Walk-in, ice, Refrig TriMark Marlinn LLC Dannie Augustin Only 11.4.25 Justin Chapman 249 Northwest 2nd Ave 249 Northwest 2nd Ave 6100 W. 73rd. St. Suite 301 Miami, FL 33136 Ste 1 Miami, FL 33136 Bedford Park, IL 60638 (850) 321-0591 (Contact) 630-308-8848 Item Qty **Prices may not reflect applicable tariffs. Any increase in costs resulting from tariffs shall be added to the total price included in this Quote. Trimark will provide advanced notice of any price Increase due to tariffs" Description Dustin Cutts trg A4.2 Sell Sell Total 1A.2 1 ea WALK COOLER/FREEZER Nor -Lake FAST-TRAK INDOOR Walk -In Cooler/Freezer Combination (2 compartments) 14' 0" long, 6' 0" wide, 7' 7" high. Finishes: 26 Gauge Corrosion Resistant Stucco Embossed Coated Steel - Interior wall, Exterior wall, Interior ceiling .100 Smooth Aluminum - Interior floor Foamed Sealer 4 3/8" for (1) Cooler (35.0"F) Freezer (-10.0'F) Details: (1) 30" X 78" Walk -In Door left-hand swing Includes door closer, cam lift hinges (one spring loaded on 36" wide and smaller doors), NL9800 deadbolt key/padlock handle with inside release, magnetic gasket, heater wire, double sweep gasket, LED vapor proof light, Heated Air Vent (standard on all freezer compartments) and NL508 combination digital thermometer and switch w/pilot light. (1) Standard Strip Curtain (1) CPF075PC-S-0* NEW CAPSULE PAK ECOTM -10' F Operation, Capsule -Pak Refrigeration System w/ Medium Size Opening, Indoor Only, Ceiling Mount, R-290 Refrigerant, 2.00 AWEF Rating, 115v Electrical, NEMA 5-20P Cord, 11.4 Total Amps With Integrated LogiTemp Controller ( system capacity 2900 BTU's/hour at 90.0'F ambient temperature.) Refrigeration is "sized" for holding product only (1) 75 Series - Optional Five Year Extended Compressor Warranty (1) 18 Month Labor/Service Warranty Cooler (35.0'F) Details: $25,664.00 $25,664.00 FL-412 Miami - Walk-in, Ice, Refrig Only 11.4.25 Tropical Smoothie Cafe #FL-412 Initial: Page 1 of 9 TriMark Marlinn 1LC Item Qty Description Sell 22/04/2025 Sell Total F T - — (1) 30" X 78" Walk -In Door left-hand swing Includes door closer, cam lift hinges (one spring loaded on 36" wide and smaller doors), NL9800 deadbolt key/padlock handle with inside release, magnetic gasket, heater wire, double sweep gasket, LED vapor proof light, Heated Air Vent (standard on all freezer compartments) and NL508 combination digital thermometer and switch w/pilot light. (1) Standard Strip Curtain (1) CPBO5OPC-S-0• NEW CAPSULE PAK ECU' 35" F Operation, Capsule -Pak Refrigeration System w/ Medium Size Opening, Indoor Only, Ceiling Mount, R-290 Refrigerant, 5.61 AWEF Rating, 115v Electrical, NEMA 5-15P Cord, 6.9 Total Amps With Integrated LogiTemp Controller ( system capacity 4000 BTU's/hour at 90.0"F • ambient temperature.) Refrigeration is "sized" for holding product only; (1) 50 To 60 Series - Optional Five Year Extended Compressor Warranty (1) 18 Month Labor/Service Warranty 1 ea Configuration ”Freezer LEFT & Cooler RIGHT** 1 ea Both Doors Hinged *LEFT' ***NO RAMP and SELF-CONTAINED REFRIGERATION ON TOP OF BOX* ***REQUIRES 11'0" CLEARANCE FOR REFRIGERATION**' •••INSTALL OF COOLER- BY GENERAL CONTRACTOR &/OR AUTHORIZED REFRIGERATION INSTALLER*** <By G/C> 21 1 ea ICE MAKER, NUGGET COMPRESSED Model No. 861094 Scotsman Prodigy"' Ice Maker, NUGGET® Style, air-cooled, self- contained condenser, up to 956-Ib production/24 hours, Auto - alert" indicating lights, stainless steel finish, R-404A refrigerant, 208-230v/60/1-ph,12.2 amps "Cord and Plug provided by E.C./G.C.•• 3 year parts & labor warranties 5 year parts on compressor $6,560.00 $6,560.00 21.1 1 ea ICE BIN Model No. 861095 Ice Bin, w/top-hinged front -opening door, up to 893-lb ice storage capacity, for top -mounted ice maker, corrosion resistant metal alloy exterior, polyethylene liner, includes 6" legs $1,662.00 $1,662.00 21.2 1 ea ICE SANITIZER SYSTEM Model No. 861096 IMSB Guardian Ice Machine Sanitizer System By RGF. "Sanitizes wiring & plumbing will be Installed in Each Ice Machine $975.00 $925.00 FL-412 Miami - Walk -In, Ice, Refrig Only 11.4.25 Tropical Smoothie Cafe #FL-412 Initial: Page 2 of 9 CARIBE SIGNS 12251 SW 128 CT 14105 M1AMI,FL 33186 INVOICE =8914 Date: 6 2.5 JOP Side..:249 V' 6 ST COUSTOMER:Tropical Smoothie Cafe 249 N'VV 6 ST Suite 110C Miami -FL 33137 1- One set of Led Channel Letters to read " Tropical 16" Sinodthie 10" CAFE 22" Mounted on a Raceway Painter in silver 2-Permit Runner fee is to be paid to Renato 950.00 3- All City permitb fee is to be paid by Coustomer TOTAL:4.736.00 50% DEPOSIT:2.36S.00 BALANCE:2.3 68O( 1- FL-412 Miami - Walk-in, Ice, Refrig Only 11.4.25 Tropical Smoothie Cafe #FL-412 Initial: Page 3 of 9 Appendix C — Construction Quotes TROPICAL SMOOTHIE PROJECT ESTIMATE # 25030039 PROJECT NAME TROPICAL SMOOTHIE CAFE ADDRESS 249 NW 6TH STREET DATE JULY 7 2025 SCOPE OF WORK INTERIOR TENANT IMPROVEMENT OF A NEW SMOOTHIE CAFE LOCATED WITHIN SHELL BUILDING. LICENSE NUMBER CGC1530787 tA j sst bstet: la fssf 249 NW 6TH SUITE 11OC MIAMI, FL 33136 STORE FL-412 Sti!<CIG bettor' ST. F E .. �� GENERAL CONDITIONS (01) $ 22 742.00 nsurance Superintendent Workers Comp. Project safety, such as equipment and supplies Tools and Equipment Dumpster Permits by Owner Miscelaneous expenses Cleaning 3uilder Risk by owner EXISTING CONDITIONS $ 5,980.00 xer METALS (05):WOOD AND PLASTICS (06) AND THERMAL $ 12,540.00 Metal Frame all interior walls/soffits & hard ceilings by plans . dated G5/30/2025 Backing & Plywood Roof Penetration ( charged separtely it It is needed) OPENING AND WINDOWS (08) FINISHES (09) $ 82,184.60 DRYWALL 5/8 GYPSUM 5' Drywall Partition Full Height 7' Drywall Partition Fu'I Height 5' Drywall Partition Half HP ,ht Armstrong ce8ing WI -I Fine Fissured White CEILING 24524" Washable Vinyl White Ceiling 24"x48" Washable Vinyl White Ceiling 24"x24" B1 Stain Grade Pine 1"x4" strips special wealnut B2 3-5/8" Metal Stud Installed with Flanges Facing the wall, Shiny, non textured finish 20 cauge B3 Ceramic Cove Base White 3"x6" B4 Quarry Tile Base 5"x6" Sanded FRP FRP Panels BASEBOARD FLOOR FT -1 Luxury Vinyl Plank Exoguard FT-2 Quarry Tile Ashen Gray PAINT Satin Paint Whitetail color Satin Paint Emotional color Satin Paint Breaktime color Ceiling Paint WOOD W1 1"x2" Trim Board Painted P-1 W2 Stain Grade Pine Painted P-1 W34' x 8' Bead Board Panel Painted P-1 W4 1 "x4" Stnps Stain tirade Pine Petrified o-+ W5 1"x6" Knotty Pine Framing Grade Wood Planks Sherwin Williams W6 1"x6" Knotty Pine Framing Grade Wood Planks Sherwin Williams W7 1"x1" Knotty Pine Framing Grade Wood Planks Sherwin Williams Fire Rated Penetrations SPECIALTIES DIVISION (10) $ 2,600.00 Interior Signs Restroom signs, restroom accessories Fire Extinguishers SPECIAL CONSTRUCTION (13) FIRE SPRINKLESS $ 7,425.00 cu s rsing our vendor If we need to use andlord mandatory vender will be adjusted FIRE ALARM MECHANICAL (15) Mechanical Scope of Work 1-Furnish and insta I new single wall round cutwork with extenor r6 2-Fumish and insta 1 new Supply/retum diffusers with flex connections 3-Re use existing 5 ton heat pump Re use existing bathroom exhaust fan $ 14,675.00 5-Furnish and insta I new motorized fresh air damper with galvanized ductwork 6-Furnish and insta I new 7 day programable thermostat 7-Total labor with a I materials WALK IN COOLER/ FREEZER COMBO UNIT $ 6,755.00 Installation Only Note: (We can provide the combo and with drawings for $44656.54) PLUMBING 44,656.54 OPTIONAL $ 18,530,00 Run new 1 1/2 cold water line and 1' + 3/4 pipe icpvc) Install new EWH mounted above MOP sink Install hot water line and hot water return Install backflow preventer (double check valve) Install and provide HW retum pump Run new 3/4 condensate line Run new 3' inches vent pipe and provide 2' vent pipes branches for Install fixtures costumer provide Landlord wil provide all waste pipe underground to bathrooms, floor Concrete slab not included Permit fees not nduded erovie all plumbing materials If exceed more, price vnll increase. if it less pnce will be less ELECTRICAL (16) 53,170.00 Lights as Ailowance of 55,899.19 Based on Specified Package or Equal. Lights Installation & Power Switchgear Panel A & TX 45 KVA Feeders for above equipment's Power for Devices Fire Alarm Stub -Ups & Boxes if seeded LOW VOLTAGE • OPTIONAL $ -TP-Lrk TL-SG2428P JetStream 28-Port Gigabit Smart Switch with 24-Port PoE- 14,091.85 OPTIONAL TP-Link ER7212PC Omada 3-in-1 Gigabit VPN Router TP TP-Link EAP650 AX3000 Ceding Mount Wi-Fi 6 A -Link EAP650 AX3000 Ceiling Mount Wi-Fi 6 Access P ccess Point oin RA RACK ER18 18 Space Enclosed Rack w/ A CK ER18 18 Space Enclosed Rack w/ Activ ctive Cooling RA RACK L CK LAACEBAR Horiz CEBAR Horizontal Rack Lacer Bars (10 P ontal Rack Lacer Bars (10 Pack) ack) Furman D14PFP 10-0uttet Rack -Mountable Power Distribution (No Surge Protection) Savant HST-SIPA1ECO-00 IP Audio 1 Ecosystem Host Ekira R6.5LCR22 Red Label Series 6.5' In -Ceiling Speaker (QTY 3) LLTN8716D-P16N TN87160-P16N DHWD43PURZ LTCMIP1382WE-CMIP1382WE-28MDA (QTY 8) Labor and Installation of Camer Labor and Installation of Cameras (QTY 8) Labor and Installation of Speak Labor and Instaflatimn of Speakers (QTY Labor and Pr Labor and Programming Labor and Installation of netw Labor and Installation of network point ork points Cat6 s Cat (QTY 26) Savant SSL ant SSL-IP-IPAUDIOE-1 YR Sa AUDIOE-1YR Sawant SUBTOTAL $ 226,601.60 5-Furnish and insta I new motorized fresh air damper with galvanized ductwork 6-Furnish and insta 1 new 7 day programable thermostat 7-Total labor with a I materials WALK IN COOLER/ FREEZER COMBO UNIT $ 6,755.00 Installation Only Note' We can provide the combo unit with drawings for S44656.54) l $ 44.656.54 OPTIONAL 1 PLUMBING $ 18,530.00 Run new 1 12 cold water line and 1' + 3,4 pipe (cpvc) Install new EWH mounted above MOP sink Install hot water line and hot water return Install backflow prevent& (double check valve) Install and provide HW retum pump Run new 3/4 condensate line Run new 3' inches vent pipe and provide 2' vent pipes branches for nstall fixtures costumer provide Landlord will provide all waste pipe underground for bathrooms, floor Concrete slab not included Permit fees not included orovie all plumbing materials If exceed more, once will increase. if it 'ess price will be less. ELECTRICAL (16) $ 53,170.00 Lights as Allowance of S5,899.19 Based on Specified Package or Equal. Lights Installation & Power Switchgear Panel A & TX 45 KVA Feeders for above equipments Power for Devices Fire Alarm Stub -Ups & Boxes if needed. LOW VOLTAGE - OPTIONAL $ • -TP-Link TL-SG2428P JetStream 28-Port Gigabit Smart Switch with 24-Port PoE+ $ 14,091.85 OPTIONAL I TP-Lank ER7212PC Omada 3-in-1 Gigabit VPN Router TP TP-Link EAP650 AX3000 Ceiling Mount Wi-Fi 6 A -Link EAP650 AX3000 Ceiling Mount Wi-Fi 6 Access P ccess Point oin RA RACK ER18 18 Space Enclosed Rack wf A CK ER18 18 Space Endosed Rack wl Activ dive Cooling RA RACK L CK LAACEBAR Horiz CEBAR Horizontal Rack Lacer Bars (10 P ontal Rack Lacer Bars (10 Pack) ack) Furman 010-PFP 10-Outlet Rack -Mountable Power Distribution (No Surge Protection) Savant HST-SIPA1ECO-00 IP Audio 1 Ecosystem Host Elura R6.5LCRZ2 Red Label Senes 6.5' In -Ceiling Speaker (QTY 3) LLTN8716D-P16N TN8716D-P16N DHWD43PURZ LTCMIP1382WE-CMIP1382WE-28MDA (QTY 8) Labor and Installation of Gamer Labor and Installation of Cameras (QTY 8) Labor and Installation of Speak Labor and Installation of Speakers (QTY Labor and Pr Lahr and Programming Labor and Insta8abon of netw tabor and Installation of network point ork points Cat6 s Cat (QTY 26) Sawant SSL ant SSL-IP-IPAUDIOE-1YR Sa AUDIOE-1YR Sawant SUBTOTAL $ 226,601.60 $ 3.5% 75% Overhead $ 7,931.06 Contractor FE $ 16,995.12 TOTAL NOTE 1: As an Option we quoted the Walking Cooler/Freezer Combo and the Low Voltage. ALL WORK TO BE PERFORMED DURING NORMAL WORKING HOURS BUSINESS DAYS DUMSPTER LOCATION & ACCESS IS TO BE PROVIDED BY CLIENT NOT RESPONSIBLE FOR ANY EXISTING OR CONCEALED CONDITIONS ANY ITEMS NOT SPECIFIED IN THIS PROPOSAL ARE NOT TO BE ASSUMED INCLUDED $ 251,527.78 ANY ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATION, INCLUDING BUT NOT LIMITED TO ANY SUCH ALTERATION OR DEVIATIOF CHANGE ORDERS WILL BE PAID 50% AT THE TIME OF REQUEST/ SECOND PAYMENT OF 50% WHEN JOB BE FINISHED. PAYMENTS ARE DUE NO MORE THAN 7 (SEVEN) DAYS FROM DATE OF INVOICE. IF PAYMENT IS NOT MADE WITHIN 14 (FOURTEEN) DAYS OF' IF IT IS ANY INCREASE ON MATERIAL THAT EXCEED THE 10 % OF COST , NEEDS TO BE ASSUMED BY CUSTOMER ( HOWEVER, CALIMA INVES NOT RESPONSIBLE OR LIABLE FOR WEATHER/PERMIT/INSPECTION/HOLIDAYS OR OTHER CONTRACTORS DELAYS. 20% OF CONTRACT FEE WILL CHARGED TO ANY SUBPERMIT TIED TO THE MASTER PERMIT ADDITIONAL DRAWINGS OR SHOP DRAWINGS AF By signing this document, the customer agrees to the services and conditions outlined in this document_ Tropical Smoothie Caffe October 30, 2025 Page 1 of 1 'Tropical Smoothie Caffe 249 NW 6`h Street. Fire Alarm Proposal `A POW@R V ID@SIGI'1 Power Design is pleased to offer the following pricing for the Life Safety scope for this project as follows: Project Description Summary Project Location Project Type Miami, Florida Residential !Tied to the Main High -Rise building. Proposal T pe Unit Built -out. Pricing Summary — Small Turnkey Fire Alarm System: Gamewell/FCI Installation of Fire Alarm Devices to meet code requirements. Programming of the main building's Fire Alarm Panel to reflect the changes corresponding to Tropical Smoothie Caffe. PDI will not program panel installed by others. Drawings: Provide a new set of drawings with updated backgrounds. Signed And Sealed by the EOR. Fire Alarm Inspection: Power Design Technician to be present during Fire Alarm Inspections and fulfill completion of the work. Equipment Rental: Lifts, pallet jacks, etc. Permitting, Permit and Inspections Fees: Total Excluded X X $ 12,500.00 Included X Payment Schedule On projects under $20,000 of total value, the total approved pricing proposal shall be paid in its totality up -front. Please contact the System team below with any questions. Lisset Carratala Fire Alarm Project Executive Imcarratala@powerdesigninc.us Marco Lobalna Fire Alarm Project Manager mlobaina@powerdesigninc.us Power Design Inc 11600 9o, St North Saint Petersburg, Ft, 33716 GA #EN211276 Leonardo Pascual Systems Construction Manager Ipascual@powerdesigninc.us Appendix D —Entity Registration Electronic Articles of Organization For Florida Limited Liability Company Article I The name of the Limited Liability Company is: SMOOTHIE GIRLS 4 FL, LLC L24000238691 FILED 8:00 AM May 22 2024 Sec. Of State crico Article II The street address of the principal office of the Limited Liability Company is: 3901 WEST BROWARD BLVD. UNIT 121394 FORT LAUDERDALE, FL. US 33312 The mailing address of the Limited Liability Company is: 3901 WEST BROWARD BLVD. UNIT 121394 FORT LAUDERDALE, FL. US 33312 Article III The name and Florida street address of the registered agent is: DANNIE AUGUSTIN 3901 WEST BROWARD BLVD. UNIT 121394 FORT LAUDERDALE, FL. 33312 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: DANNIE AUGUSTIN DIVISION OF CORPORATIONS jivi rji I Uf .org i c ri_PUri i.v.irirj I 1 fir./' rr000 an official .:uur of Florida Iaeb is Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company SMOOTHIE GIRLS 4 FL, LLC Filing Information Document Number L24000238691 FEI/EIN Number 33-2810551 Date Filed 05/22/2024 Effective Date 05/22/2024 State FL Status ACTIVE Principal Address 249 NW 6th St UNIT 121394 Suite 110C Miami, FL 33136 Changed: 04/05/2025 Mailing Address 3901 WEST BROWARD BLVD. UNIT 121394 FORT LAUDERDALE, FL 33312 Registered Agent Name & Address AUGUSTIN, DANNIE 3901 WEST BROWARD BLVD. UNIT 121394 FORT LAUDERDALE, FL 33312 Authorized Person(s) Detail Name & Address Title MGR AUGUSTIN, DANNIE 3901 WEST BROWARD BLVD., UNIT 121394 FORT LAUDERDALE, FL 33312 Title MGR AUGUSTIN, GENESE 3901 WEST BROWARD BLVD., UNIT 121394 FORT LAUDERDALE, FL 33312 Annual Reports Report Year Filed Date 2025 04/05/2025 Document Images 04/05/2025 --ANNUAL REPORT View image in PDF format 05/22/2024 -- Florida Limited Liability. View image in PDF format Florida Department of State, Dwislon of Corporations Exhibit "B" Resolution No. CRA-R-26-0015 Page 14 of 18 Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-26-0015 819 NW 2nd Ave 3`d Floor Miami, FL 33136 www.seopwcra.com File Number: 19141 Final Action Date:4/9/2026 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION(S) 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA, AND WAIVING SAID PROCEDURES, AWARDING A GRANT, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED TEN THOUSAND DOLLARS AND ZERO CENTS ($310,000.00) ("FUNDS"), TO SMOOTHIE GIRLS 4 FL, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("GRANTEE"), WITH A PRINCIPAL ADDRESS AT 249 NORTHWEST 6TH STREET, SUITE 110C, MIAMI, FLORIDA 33136 ("PROPERTY"), TO UNDERWRITE COSTS ASSOCIATED WITH THE DESIGN AND CONSTRUCTION BUILD -OUT OF THE "TROPICAL SMOOTHIE CAFE" AT 249 NORTHWEST 6TH STREET, SUITE 102, MIAMI, FLORIDA 33136 ("PURPOSE"); AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING, FROM THE CORRESPONDING ACCOUNT NO. 10050.920101.883000.0000.00000 "OTHER GRANTS AND AIDS"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO COUNSEL, INCLUDING, BUT NOT LIMITED TO, A RESTRICTIVE COVENANT TO BE RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR SAID PURPOSE; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment Plan ("Plan"); and WHEREAS, pursuant to Section 163.340(9), Florida Statutes, "community redevelopment means projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slum and blight"; and WHEREAS, Section 2, Goal 4, of the Plan, lists the "creat[ion of] jobs within the community," as a stated redevelopment goal; and City of Miami Page 1 of 3 File ID: 19141 (Revision: A) Printed On: 4/13/2026 File ID: 19141 Enactment Number: CRA-R-26-0015 WHEREAS, Section 2, Goal 6, of the Plan, focuses on "improv[ing] the quality of life for residents," as a stated redevelopment goal; and WHEREAS, Section 2, Principle 6, of the Plan, discusses "address[ing] and improv[ing] the neighborhood economy and expand[ing] the economic opportunities of present and future residents," as a stated redevelopment principle; and WHEREAS, Smoothie Girls 4 FL, LLC, a Florida Limited Liability Company ("Grantee"), has secured a prime commercial leased property located at 249 Northwest 6th Street, Suite 102, Miami, FL 33136 ("Property"), where it has plans to undergo the design and construction build -out phase of the "Tropical Smoothie Cafe"; and WHEREAS, Grantee is requesting financial assistance, in an amount not to exceed Three Hundred Ten Thousand Dollars and Zero Cents ($310,000.00), to support the build -out phase ("Purpose"); and WHEREAS, the Board of Commissioners wishes to award grant funds, in an amount not to exceed Three Hundred Ten Thousand Dollars and Zero Cents ($310,000.00) ("Funds"), to the Grantee for said Purpose; and WHEREAS, the Board of Commissioners finds that adopting this Resolution would further the redevelopment goals and objectives of the SEOPW CRA; and WHEREAS, based on the recommendation and findings of the Executive Director, attached and incorporated herein as Exhibit "A," it is in the SEOPW CRA's best interest for the Board of Commissioners to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures, pursuant to Section(s) 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, to allocate said Funds, subject to availability, and to authorize the Executive Director to negotiate and execute any and all agreements necessary, all in forms acceptable to Counsel, with Grantee for said Purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section(s) 18-85 and 18-86 of the City Code, as adopted by the SEOPW CRA, by a four -fifths (4/5'h) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings, attached and incorporated herein as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous to the SEOPW CRA, and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. The Executive Director is hereby authorized' to disburse the Funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation from Other Grants and Aids - Account No. 10050.920101.883000.0000.00000, subject to funding availability, for the Purpose stated herein. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. City of Miami Page 2 of 3 File ID: 19141 (Revision: A) Printed on: 4/13/2026 File ID: 19141 Enactment Number: CRA-R-26-0015 Section 4. The Executive Director is authorized) to negotiate and execute an agreement, including any and all necessary documents, all in forms acceptable to Counsel, for said Purpose. Section 5. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need for public hearing, by filing a corrected copy of same with the City of Miami City Clerk. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ce Bsaa.R;-Btai "Co nsel 4/2/2026 A City of Miami Page 3 of 3 File ID: 19141 (Revision: A) Printed on: 4/13/2026 Exhibit "C" Approved Project Budget Page 15 of 18 Smoothie Girls 4 FL I Tropical Smoothie Cafe — Overtown Grant Request Package Address: 249 NW 6th St, Suite 102, Miami, FL 33136 Submitted by: Dannie and Genese Augustin, Owners Submission Date: January 20, 2026 Requested Amount: $310,000 1. Business Overview Smoothie Girls 4 FL is a multi -brand, multi -unit franchise operator led by Dannie and Genese Augustin, who collectively brings over 16 years of franchise management experience. The company currently owns and operates three successful Tropical Smoothie Cafe locations in South Florida, with the Overtown site being their fourth. This new cafe will be located at 249 NW 6th Street, Suite 102, Miami, FL 33136. At Smoothie Girls 4 FL, our mission is to empower healthier lifestyles by offering high -quality, made -to -order smoothies, wraps, and bowls. We aim to create an inviting, vibrant space that fosters community engagement, encourages wellness, and provides accessible, nutritious meal options for residents, professionals, and visitors alike. Target Market: The Overtown cafe will serve a diverse customer base, including local residents, downtown professionals, students, and health -conscious individuals seeking nutritious, affordable meal options in a fast -casual dining environment. This location represents an expansion, with an anticipated opening date of June 2026. 2. Project Details The project will transform a vanilla shell space into a fully functional Tropical Smoothie Cafe. The scope includes interior build -out, kitchen installation, customer seating, ADA compliance upgrades, fire alarm system installation, and signage. Scope of Work Includes: • Interior Build -Out: Comprehensive construction of the kitchen, dining, and seating areas to maximize space efficiency and enhance customer experience. ▪ Kitchen Installation: Acquisition and installation of state-of-the-art commercial kitchen equipment tailored to meet the operational demands of the cafe. • ADA Compliance: All necessary modifications to ensure the cafe meets Americans with Disabilities Act (ADA) standards, providing accessibility for all customers. ▪ Fire Alarm and Safety Systems: Installation of fire alarm systems in full compliance with local regulations to ensure the safety of customers and staff. ▪ Signage: Professional signage to enhance visibility and attract customers to the cafe. Lease Status: The lease for this space was executed December 9, 2024. Estimated Timeline: • Construction Start: March 2026 • Projected Opening: June 2026 3. Community Impact The Tropical Smoothie Cafe in Overtown will play an essential role in the neighborhood's revitalization efforts by contributing to local economic growth, job creation, and healthier lifestyle choices. Our business will create new employment opportunities and provide the community with nutritious meal options in a modern, convenient setting. Economic and Employment Impact: Job Creation: The project will create 1 full-time position and 10 part-time jobs, with a strong emphasis on hiring local talent from the Overtown community. Local Economy: We anticipate that the cafe will contribute to increased foot traffic and local spending in the Overtown business district, supporting other local businesses in the area. Community Benefits: ▪ Healthier Dining Options: By offering nutritious, made -to -order smoothies, bowls, and wraps, we will provide a healthy alternative to the fast food options that are often prevalent in urban areas. • Inclusive Employment: We are committed to hiring locally, providing jobs and training for community members in the Overtown area, which helps foster economic mobility. ▪ Community Engagement: Smoothie Girls 4 FL plans to engage with local schools, community centers, and health -focused organizations to promote wellness and healthy eating habits. 4. Financial Summary Build -out $251,528 Fire Alarm System $12,500 Signage $4,736 Permit Fees $9,572 Equipment $25,664 Payment and Performance Bond $6,000 Total Project Cost $310,000.00 Requested Grant Assistance: We are seeking $310,000 to fully fund the project. This will cover all costs associated with the build -out, equipment, and necessary permits. Business Contribution: The owners, Dannie and Genese Augustin, will contribute $200,000 in the form of a loan to cover inventory, small equipment, working capital, insurance, and POS systems. Additional Funding Sources: We will also secure bank financing and owner investments to ensure the project is fully funded. 5. Supporting Documentation (Appendix) To support our application, we have assembled a comprehensive set of materials that provide further detail on the project and its feasibility. These documents demonstrate our preparation for the build -out and meet the requirements for review by the Overtown CRA. Included in Appendix: • Architectural Drawings: Detailed floor plans and elevations for the proposed Tropical Smoothie Cafe — Overtown build -out, including ADA compliance layout, kitchen, and seating configuration. • Equipment Quotes: Itemized quotes from approved Tropical Smoothie Cafe vendors covering kitchen equipment, refrigeration, POS systems, and installation costs. • Construction Quotes: General contractor estimates outlining the full scope of interior build -out, finishes, fire alarm system, and permitting. • Entity Registration: Verifying active registration for Smoothie Girls 4 FL. Additional items such as the executed lease agreement, W-9, and updated site photos will be provided as they become available. Conclusion Smoothie Girls 4 FL is poised to bring a high -quality, health -conscious dining option to the Overtown community, while contributing to the area's broader revitalization and economic development efforts. With 16 years of proven franchise management expertise, a commitment to community engagement, and a vision for promoting healthier lifestyles, we are confident that this project will have a meaningful, lasting impact. We appreciate your consideration of this grant request and look forward to the opportunity to contribute to the growth and success of the Overtown neighborhood. Exhibit "D" Insurance Requirements Page 16 of 18 INSURANCE REQUIREMENTS SMOOTHIES GIRL 4, LLC 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 SEOPW CRA listed as an additional insured Primary Insurance Clause Endorsement a. City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, Florida 33136 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 SEOPW CRA listed as an additional insured LETTER WILL BE ACCEPTED IF NO AUTO INSURANCE IS ANTICIPATED III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit LETTER WILL BE ACCEPTED IF BORROWER HAS LESS THAN (4) EMPLOYEES The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. INSURANCE REQUIREMENTS CONSTRUCTION PHASE SMOOTHIES GIRL 4 FL, LLC I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements Required $1,000,000 $2,000,000 $1,000,000 $1,000,000 City of Miami & SEOPW CRA listed as an additional insured Contingent and Contractual Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Attn: Risk Management Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, Florida 33136 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 & SEOPW CRA listed as an additional insured III. Worker's Compensation Limits of Liability (Part A): Statutory, per State of Florida Employer's Liability A. Limits of Liability (Part B) $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 Waiver of subrogation IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 Aggregate $2,000,000 City of Miami & SEOPW CRA listed as an additional Insured. Coverage is excess follow form over all liability policies contained herein. VI. Professional Liability/Errors & Omissions Any licensed design professional work such as that provided by architects, engineers, construction consultants, etc., shall maintain professional liability insurance: Each Claim $1,000,000 Policy Aggregate $1,000,000 If claims made, retro Date applies prior to contract inception. Coverage is to be maintained and applicable for a minimum of 3 years following contract completion. VII. Payment and Performance Bond City & SEOPWCR listed as Obligees VIII. Builders' Risk $336,806 Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Total Cost of Renovation Deductible: $5000 Maximum 5% Maximum on Wind/Hail and Flood A. Coverage Extensions: City of Miami & SEOPW CRA listed as loss payees Including Storage and transport of materials, equipment, supplies of any kind to be used on or incidental to the project. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Exhibit "E" Form of Performance and Payment Bond Page 17 of 18 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We Bofam Construction Company Bond no. 6022131048 , as Principal, hereinafter called Contractor, and United States Fire Insurance Company , as Surety, are bound to the Southeast Overtown / Park West Community Redevelopment Agency and the City of Miami, Florida, as Obligees, hereinafter called the SEOPW CRA and CITY, in the amount of Two Hundred Eighty Two Thousand Eight Hundred 8 00/100 Dollars ($ 282,800.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, pursuant to Bid/Contract/ITB/RFP No: June #B26-019 awarded the 17th day of , 2026 , with the SEOPW CRA and CITY, which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract." THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and the SEOPW CRA and CITY for construction of Tropical Smoothie Cafu - Tenn( lmpmvrmunl R Ouild•Qul, location 249 NW Gilt Street. Unit 110C. Mlami. FL 33130 the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays the SEOPW CRA and CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that the SEOPW CRA and CITY sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by the SEOPW CRA and CITY to be, in default under the Contract, the SEOPW CRA and CITY having performed the SEOPW CRA and CITY obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 1 FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if the SEOPW CRA and CITY elects, upon determination by the SEOPW CRA and CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and the SEOPW CRA and CITY, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by the SEOPW CRA and CITY to Contractor under the Contract and any amendments thereto, less the amount properly paid by the SEOPW CRA and CITY to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the SEOPW CRA and CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 29th day of June WITNESSES: , 20 26 Contractor/Surety: Bofam Construction Company, Inc. (Secretary) By: (CORPORATE SEAL) IN THE_l RES NICE OF: LQN. / (Name of .otp ration) `` 01111,1111/ `. co . �i C0 • s t.�,c��� r l ~`iJr Gbolahan A. Akinrin, President • 'fit •,,'J�.....•• .•�a�; ,//j r3N1l �,`\\ (Print Name and Title) INSURANCE COMPANY: United States Fire Insurance Company l By: J f Jess)_aCalderon, Attorney -In -Fact Address: 305 Madison Avenue (Street) Morristown, NJ 07960 (City/State/Zip Code) Telephone No.: (305) 552-5417 Bond no. 6022131048 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We Bofam Construction Company , as Principal, hereinafter called Contractor, and United States Fire Insurance Company , as Surety, are bound to the Southeast Overtown/ Park West Community Redevelopment Agency and the City of Miami, Florida, as Obligees, hereinafter called the SEOPW CRA and CITY, in the amount of Two Hundred Eighty Two Thousand Eight Flundrud & 00/100 Dollars ($ 282,800.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, pursuant to Bid/Contract/ITB/RFP No. #B26-019 awarded the 17th day of June , 20 26 , with the SEOPW CRA and CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract." THE CONDITION OF THIS BOND is that if Contractor: 1. Pays the SEOPW CRA and CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that the SEOPW CRA and CITY sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection; 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment; 2.3. No action for the labor, materials, or supplies may be • instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given; and 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. 3 FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 29th day of June ATTEST: (Secretary) (Corporate Seal) IN THE1PRE E\NCE OF: =s__.: 1 Contractor/Surety: By: By: 4 2026 Bofam Construction Company, Inc. (N .me -of Corporation) 7*1 (Sig nature) Gbolahan A. Akinrin, President (Print Name and Title) INSURANCE COMPANY: United States Fire Insurance Company (-) iJ ssica Calderon, Attorney -In -Fact Address: 305 Madison Avenue (Street) Morristown, NJ 07960 (City/State/Zip Code) Telephone No.: (305) 552-5417 CERTIFICATE AS TO CORPORATE PRINCIPAL: (Page 1 of 1) I, tea•-.,r\�e ��� t4c, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that ljsr,v-'.c 11•.�5‘tS4 i n. , who signed the Bond(s) on behalf of the Principal, was then Secr-e of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) `S nnooth:e Corporation STATE OF FLORIDA SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared DCINVA•11 ICL,(.'j c4_d 1_ #4 to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named 4 0 P(i •. ANDREA VENICE SMITH f`: Notary Public - State of Florida &• Commission # HH 290869 'ry?bF nr - My Comm. Expires Nov 15, 2026 Bonded through National Notary Assn. 0 therein in favor of the SEOPW CRA and CITY. Subscribed and Sworn to before me this /f day of l-,b1y( 20 2%. My commission expires: (05 /2o26 otary Public, State of Florida at Large Bonded by 5 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Date of Issue Issuing Bank's No. Beneficiary: Applicant: Southeast Overtown/ Park West Amount: Community Redevelopment Agency in United States Funds 819 N.W. 2nd Avenue, 3rd Floor Expiry: Miami, Florida 33136 (Date) Bid/Contract/RFP Number: We hereby authorize you to draw on (Bank, Issuer name) at (branch address) by order of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the Southeast Overtown/ Park West Community Redevelopment Agency ("SEOPW CRA") Executive Director, or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the SEOPW CRA and CITY and (Contractor, Applicant, Customer), pursuant to Bid/Contract/RFP No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) 6 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the SEOPW CRA AND THE CITY OF MIAMI with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the SEOPW CRA AND THE CITY OF MIAMI that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature 7 Attachment A Anti -Human Trafficking Affidavit Page 18 of 18 ATTACHMENT A - ANTI -HUMAN TRAFFICKING AFFIDAVIT The undersigned affirms, certifies, attests, and stipulates as follows: 1. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). 2. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the SEOPW CRA or one of its agencies, authorities, boards, trusts, or other SEOPW CRA entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." 3. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a) I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct; and b) I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity/Individual: .;'11nc,- \ G,(l5 L't L. , 1-LC Name::bc,r•rv.-G Auy,,Sfiir Title: IYIA•,4,g3tv. Yvltmber Signature: J Office Address: 3 D ht . €ro-yo card( 131 vd 135 V + Lgs+v,d.erci•Lkt , L 333 t 2 Email Address: Smoot). � � c�r ic q' t o Main Phone Number: Qr 0 J ) 1- Or ) g %l.con, CERTIFICATE OF AUTHORITY (IF CORPORATION — INC. — OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of LA FL. , LLC., a corporation/LLC organized and existing under the laws of the State of f londc. , held on thelQ day of At,��i , 202t", a resolution was duly passed and adopted, authorizing (Name) ,,,ft•e. tAyu,S4'1n as (Title) 'Se crc ferry of the corporation/LLC to execute agreements on behalf of the corporation/LLC and providing that their execution thereof, attested by the secretary of the corporation/LLC, shall be the official act and deed of the corporation/LLC. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this Zl day of P\49yS} , 20l. Secretary: Print: 1N2�.„v.n e, -A L`fJ NOTARIZATION STATE OF 719,r1(101,. ) ) SS: COUNTY OF I1 ( 01.441/ — �t,�l ) THE FOREGOING INSTRUMENT as acknowledged before me by means of [[44] physical presence or [ ] online notarization on this day of jekat ar.5.1" , 202 by Vartitie Ildf (t0n as , on behalf of said entity, who is ( ) personally known to me or ()() has produced the following identification %j 11i VC ' �GP,vt SIGNATURE OF NOTARY PUBLIC, STATE OF P .. COMMISSION EXPIRES ON ��' '' ANDREA VENICE SMITH Notary Public - State of Florida Commission # HH 290869 My Comm. Expires Nov 15, 2026 Bonded through National Notary Assn. COMMISSION NO. (IF ANY) NAME AND TITLE OF NOTARY PUBLIC (PRINTED, STAMPED OR TYPED) COUNTY OF CERTIFICATE OF AUTHORITY (IF LIMITED PARTNERSHIP — L.P.) I HEREBY CERTIFY that at a meeting of the Board of Directors of , , a partnership organized and existing under the laws of the State of duly passed and (Title) provides that their execution , held on the day of , 20, a resolution was adopted, authorizing (Name) as of the partnership to execute agreements on behalf of the partnership and thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20_ Partner: Print: Names and addresses of vartners: Name Street Address City State Zip NOTARIZATION STATE OF ) ) SS: ) THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this day of , 20_, by as , on behalf of said entity, who is ( ) personally known to me or ( ) has produced the following identification SIGNATURE OF NOTARY PUBLIC, STATE OF COMMISSION EXPIRES ON COMMISSION NO. (IF ANY) NAME AND TITLE OF NOTARY PUBLIC CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). NOTARIZATION STATE OF ) ) SS: COUNTY OF ) THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this day of , 20 , by as , on behalf of said entity, who is ( ) personally known to me or ( ) has produced the following identification SIGNATURE OF NOTARY PUBLIC, STATE OF COMMISSION EXPIRES ON COMMISSION NO. (IF ANY) NAME AND TITLE OF NOTARY PUBLIC CERTIFICATE OF AUTHORITY (IF INDIVIDUAL OR SOLE MEMBER LLC) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Signed: Print: NOTARIZATION STATE OF ) ) SS: COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this day of , 20, by as , on behalf of said entity, who is ( ) personally known to me or ( ) has produced the following identification SIGNATURE OF NOTARY PUBLIC, STATE OF COMMISSION EXPIRES ON COMMISSION NO. (IF ANY) NAME AND TITLE OF NOTARY PUBLIC