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CRA Resolution 018-2024RESOLUTION NO.018-2024 A RESOLUTION OF THE CHAIRPERSON AND BOARD OF DIRECTORS OF THE NORTH BEACH COMMUNITY REDEVELOPMENT AGENCY ("NORTH BEACH CRA"),APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT WITH NORMANDY ISLE INVESTMENTS,LLC,FOR PARTICIPATION IN THE COMMERCIAL FACADE IMPROVEMENT PROGRAM (THE "PROGRAM"),IN AN AMOUNT NOT TO EXCEED $20,000,SUBJECT TO FUNDING APPROPRIATION AND APPROVAL DURING THE BUDGETARY PROCESS. WHEREAS,the North Beach CRA Redevelopment Plan,adopted by North Beach CRA Resolution No.003-2021 and City Commission Resolution No.2021-31709,encourages the funding of improvements and beautification projects in the public realm,because an attractive streetscape contributes to a walkable community,improves resident and visitor quality of life,and benefits businesses by increasing foot traffic;and WHEREAS,on April 12,2022,the Ad Hoc North Beach CRA Advisory Committee unanimously passed a motion to recommend the City Commission explore an architectural design or facade improvement program for the Normandy Fountain business district;and WHEREAS,on December 14,2022,the City Commission referred,to the Finance and Economic Resiliency Committee,a discussion of the Commercial Facade Improvement Program (the "Program");and WHEREAS,on May 24,2023,the Finance and Economic Resiliency Committee recommended approval of the Program;and WHEREAS,on June 28,2023,via North Beach CRA Resolution No.009-2023,the North Beach CRA Board of Directors approved the Program,to enhance and improve the existing building stock in the vicinity of Normandy Fountain,by helping subsidize private property beautification,maintenance,and resiliency upgrades for commercial properties;and WHEREAS,on May 15,2024,via North Beach CRA Resolution No.016-2024,the North Beach CRA Board of Directors amended the Program to include Collins Avenue;and WHEREAS,Program guidelines (framework,design guidelines,eligibility criteria,and application process),as approved by the North Beach CRA Board via Resolution No.009-2023, will dictate applicant eligibility requirements,eligible and ineligible improvement criteria,program cycle,and evaluation criteria,and grant awards;and WHEREAS,the North Beach CRA FY 2024 budget includes beautification programming for the Normandy Fountain area in the amount of $520,000 for Program funding;and WHEREAS,the Program is administered as a matching grant,requiring applicants to invest their own money into the Redevelopment Area,and the grants may increase overall project scope,allowing for more impactful improvements;and WHEREAS,Normandy Isle Investments,LLC has applied to the Program,seeking funding to install a new awning,exterior light fixtures,painting for the storefront exterior,and installation of an impact glass storefront;and WHEREAS,on May 22,2024,the North Beach CRA Advisory Committee reviewed and discussed the Normandy Isle Investments,LLC application materials and passed a unanimous motion recommending approval of the application. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CHAIRPERSON AND BOARD OF DIRECTORS OF THE NORTH BEACH COMMUNITY REDEVELOPMENT AGENCY,that the Chairperson and Board of Directors of the North Beach Community Redevelopment Agency hereby approve and authorize the Executive Director to execute an agreement with Normandy Isle Investments LLC,for participation in the Commercial Facade Improvement Program,in an amount not to exceed $20,000,subject to funding appropriation and approval during the budgetary process. PASSED and ADOPTED this 26"day of June,2024. ATTEST: JAN 2 2 2025 Rafael E.Granado,Secretary APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 1J3/2esReoevelentAgencyDate General Counsel N N orth Beach Community Redevelopment Agency (NBCRA )2 M IAMI BEACH COMMISSION MEMORA NDUM 0:Honorable Mayor and Members of the City Commission FROM:Rickelle Williams,Interim Executive Director DATE:June 26,2024 TITLE:A R E S O L U T IO N O F TH E C H A IR P E R S O N A N D B O A R D O F D IR E C T O R S O F THE N O R T H B E A C H C O M M U N IT Y R E D E V E L O P M E N T A G E N C Y ,A P P R O V IN G A N D A U T H O R IZ IN G T H E E X E C U T IV E D IR E C T O R TO EX E C UTE AN AGREEMENT W IT H N O R M A N D Y IS L E S IN V E S T M E N T LLC .,F O R PA R T IC IP A T IO N IN T H E C O M M E R C IA L FA C A D E IM P R O V E M E N T P R O G RA M (T H E "P R O G RA M "),IN A N A M O U N T N O T T O E X C E E D $20 ,000 . R E C O M M E N D A T IO N The Administration recommends that the Chair and Board of Directors of the North Beach Community Redevelopment Agency ("NBCRA")adopt the resolution and authorize the Executive Director to execute an agreement with Normandy Isle Investments,LLC,for participation in the Commercial Facade Improvement Program (the "Program"). B A C K G R O U N D /H IS T O R Y The NBCRA Redevelopment Plan ("Redevelopment Plan"),adopted by NBCRA Resolution No. 003-2021 and City Commission Resolution No.2021-31709,heavily promotes funding improvements and beautification projects in the public realm,because an attractive streetscape contributes to a walkable community,improves resident and visitor quality of life,and benefits businesses by increasing foot traffic. To maximize the impact of CRA dollars,the Redevelopment Plan's Business Attraction & Retention strategy encourages the use of incentive-based programs to inspire property owners to reinvest in their buildings.For example,the Redevelopment Plan cites facade improvement programs as a resiliency tool to assist property owners address deterioration from age and weather. The Normandy Fountain/Rue Vendome Plaza,remodeled with a recent city streetscape improvement project,serves as the community and commercial center on Normandy Isle. Currently,the aging commercial storefronts occupied by businesses within the vicinity of the plaza are not representative of the Redevelopment Plan's vision for a vibrant,pedestrian-oriented shopping district. On April 12,2022,the Ad Hoc North Beach CRA Advisory Committee unanimously passed a motion to recommend the City explore an architectural design or facade improvement program for the Normandy Fountain /Place Vendome business district,as reported in Letter to Commission (L TC)175-2022 dated May 3,2022. On December 14,2022,at the request of the City Administration,the City Commission referred to the Finance and Economic Resiliency Committee a discussion of the Program. On May 24,2023,the Finance and Economic Resiliency Committee recommended approval of the Program. Page 1819 of 1862 On June 28,2023,via NBCRA Resolution No.009-2023,the North Beach CRA Board of Directors approved the Program,to enhance and improve the existing building stock in the vicinity of Normandy Fountain/Rue Vendome Plaza,by helping subsidize private property beautification, maintenance,and resiliency upgrades for commercial properties. On May 15,2024,via NBC RA Resolution No.016-2024,the North Beach CRA Board of Directors amended the North Beach CRA Commercial Facade Improvement Program to include Collins Avenue within the Program boundary. ANA LYSIS Facade improvement is a relatively short-term mechanism to upgrade the visual appeal of the commercial district.This potential "quick win"provides a sizable return on investment as it builds public confidence and creates a place where people want to live,work,and play.The value of such an impactful investment is not overlooked.Improvements to commercial and residential facades foster a safe,stable,and thriving community. The purpose of the Program is to substantially improve the visible appearance of commercial properties and the adjacent streetscape;enhance the functionality and sustainability of businesses within a main commercial area;and focus upon cultivating an improved visual experience and sense of place through enhancements. Program Guidelines were approved by the NBC RA Board of Directors via NBCRA Resolution No. 009-2023.applications may be submitted via MBbiz.GoSmart.org with additional information at www.miamibeachfl.gov/northbeachcra. FY 2024 Program Funding Pursuant to NBC RA Resolution No.012-2023 and Commission Resolution No.2023-32783,as amended by NBCRA Resolution No.014-2023 and Commission Resolution No.2023-32839,The Fiscal Year (FY)2024 allocation for the Program was $170,000,with an additional $350,000 carried over from the previous year,totaling approximately $520,000. Grant Award The Program is structured as a reimbursable matching grant incentive,available only to commercial properties in the Program area (with geographic expansion of the Program contemplated for a later date).Following the application and approval process,eligible property owners/businesses are reimbursed up to 70%of project costs,up to an amount not to exceed $20,000,for eligible improvements made to the street-facing exterior of properties. Eligible Improvement Types Exterior improvements must be completed within 12 months of award,subject to administrative extensions,and must comply with Miami Beach City Code and Florida Building Code standards. Eligible expenses include hard and soft costs,except the in-kind cost of the applicant's own time and labor.Eligible improvements include:restoration of original and/or historic construction materials;facade and masonry renovation or repair;stucco restoration;painting ;windows (impact-rated),framing,glass,and/or doors;awnings ;exterior lighting;signage;parking and driveway installation,repair,or enhancements;accessibility upgrades;soft costs such as design fees,contracting services,building permits and surveys. Application Requirements •Submission of a completed application form; •Color photographs of current facade from sidewalk or street; •Conceptual design and specific scope of work; •Proof of fire and extended insurance for property; •Proof of insurance and necessary business licenses for selected contractor; Page 1820 of 1862 •Item ized project cost estim ate; •Docum entation of propert y ow ner's consent fo r tenant im pro vem ents; •Docum entation that the subject pro pert y is current on C ity and C ounty taxes and fees; and •D ocum entation that the business has an active and valid C ity Business Tax Receipt (B T R ). N o rt h Beach C R A Board Evaluation C riteria •Businesses and propert ies ow ned by M iam i Beach residents; •Businesses and propert ies ow ned by vetera ns; •Projects that support sm all business retention and expansion in the North Beach C RA ; •For vacant com m ercial properties,identification of an end use (office,retail,etc.)and tenants secured (at a m inim um ,a letter of intent); •Pro jects that align w ith the design standards established for the neighborhood and, w hen applicable ,w hich m ay include historic preserv ation; •Projects w ith im pro vem ents of high-quality design and/or value based on recognized professional standards or best practices; •Projects that incorporate C rim e Prevention Through Environm ental Design (C PTED); •Pro jects w ith heightened vehicular and pedestrian visibility;and •Pro jects that have a clear construction tim eline and can be com pleted within six (6)to 12 m onths. A P P LI C A N T :NO RM A ND Y IS LE IN V E ST M E N TS ,LLC A pplicant Norm andy Isle Investm ents,LLC is located at 12 03 71st Street.The pro perty is ow ned by D aniel &Laura V eitia in M iam i Beach.T hey also ow n Urban Resource,which has been located in the N orm andy Fountain Business D istrict since 2008.In addition to their professional serv ices, they are sponsors of the M iam i Beach Bandshell and founding m em bers of the Norm andy Fountain Business Association.T he Applicant has provided contractor work estim ates fo r the propo sed serv ices.Exhibit A (Program Application) The proposed agreem ent w ill pro vide fo r a pro ject currently anticipated to cost appro xim ately $25 ,5 98.07.Per Pro gra m G uidelines,the N BC R A is responsible for reim bursem ent of $19 ,19 8.55 (70%)and the applicant w ill be responsible fo r the rem aining $6,399.52 (30%). Pro po sed Scope of W ork •New installation of a 50'aw ning at the fro nt of the business and at the business exterior. •R eplacem ent of under-aw ning lighting fixtures. •Pressure cleaning of the storefront and sidewalk and a fresh coat of paint to the facade exterior. •Installation of store front im pact glass and door. O n M ay 14 ,2024 the N B C RA A dvisory C om m ittee review ed and discussed the application m aterials,and voted to recom m end the appro val of the application. FISCAL IMPACT STATEMENT Pursuant to the N B C R A C om m ercial Facade Program G uidelines,the N BC RA Board of Directors m ay authorize an aw ard of up to $20,000 per applicant.The total cost of the current A pplicant's propo sed facade im pro vem ent pro ject is $25,598.07,of w hich the N B C RA will fund $19 ,198.55, and the applicant w ill pay $6 ,399 .52 to com plete the project.The N B CRA grant funds will be disbursed,on a reim bursem ent basis,upon receipt of applicant expenses at the com pletion of pro ject. Does this O rdinance require a Business Im pact Estim ate? (FO R O R D IN A N C E S O N LY ) Page 1821 of 18 62 T he Business Im pact Estim ate (B IE)was published on.See BIE at: http s://ww w _m iam ibeachfl_gov/city-hall/city-clerk /m eeting-notices/ FINA NCIA L INFORM ATION CO NCLUSIO N The A dm inistration finds that support ing the Applicant's facade restoration will add value to surrounding pro pert ies and enhance the neighborhood character within the Redevelopm ent Area. R evitalization of Norm andy Fountain area w ill be achieved with increm ental progress and strategic initiatives such as the Pro gram help fulfill Redevelopm ent Plan objectives of creating econom ic developm ent opportunities for businesses and pro perty ow ners. A ccordingly,the A dm inistration recom m ends that the Chairperson and M em bers of the Board of D irectors of the Nort h Beach C RA adopt the resolution and authorize the Executive Director to execute an agreem ent w ith Norm andy Isle Investm ents,LLC ,fo r participation in the Com m ercial Facade Im pro vem ent Pro gram . Applicable Area Nort h Beach Is this a "Residents Right to Know"item, pursuant to City Code Section 2-17? No Is this item related to a G.O.Bond Project? No Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481, includes a principal engaged in lobbying?No If so,specify the nam e of lobbyist(s)and principal(s): Departm ent Econom ic D evelopm ent Sponsor(s) Co-sponsor(s) Page 1822 of 1862 North Beach Community Redevelopment Agency A G R EE M ENT C O M M E R CIA L FA C A D E IM P R O VE M E NT PR O G RA M This Agreement ("Agreement")for the North Beach Community Redevelopment Agency Commercial Facade Improvement Program ("Program")is entered into this day of ,20,by and between the North Beach Community Redevelopment Agency existing under the laws of the State of Florida,having its principal offices at 962 Normandy Drive,Miami Beach,Florida,33141 (hereinafter the "North Beach CRA"),and Normandy Isle Investments,a LLC having its principal place of business at 1191 71"Street,Miami Beach,Florida,33141 (hereinafter the "Applicant"or "Participant"). Art icle I /Pro g ram Sum m ary 1.Applicant/Participant: Applicant/Participant Contact: Local Business Address: City,State,Zip: Phone,fax,e-mail: Project Description: Folio Number: Norm andy Isle Investm ents LLC Dan ie l V ietia 1203 71 S treet M iam i Beach FL 33141 30 5-21 9-3408 Painting,Aw ning,Exterio r Lighting,Im pact w indow &door 02-3210-013 -1490 2.Reimbursement Amount/Fiscal Impact:Matching up to 70%of the Participant's expenses (N o t to exceed $20,000 per ap p lication (the "G rant")) 3. 4 . Program Guidelines: Disbursement Request Form: See Exhibit 1,attached hereto See Exhibit 2,attached hereto 5.Grant/Reimbursement effective date:Following North Beach CRA approval,the Grant recipient will receive an award letter and on this day of ,20_,for execution,outlining the Grant details,project deadline,and expectations. Performance Period/Term:All work related to improvements must begin within six (6)months and be completed within twelve (12)months from the effective date of this agreement. Page 1 of 21 Page 1823 of 1862 Article II /General Conditions A.Program R eq u irem ents i.The parties to this Agreement are the Applicant/Participant listed in Article I and the North Beach Community Redevelopment Agency.The North Beach CRA has delegated the responsibility of administering this Agreement to the Executive Director or the Executive Director's authorized designee,who shall be the City of Miami Beach (the "City")Economic Development Director. ii.The Program is being offered to Participant in connection with the approval of an application to participate in the Program (the "Project").Participant is required to comply with the Program Guidelines incorporated herein by reference and set forth in Exhibit "1", attached hereto;and all applicable Federal,State,County and City laws. iii.The Grant is awarded with the understanding that the Program will enhance and upgrade the visual appeal of the commercial district.To demonstrate that the award is fulfilling,or has fulfilled,its purpose the Applicant/Participant is required to provide bi-monthly updates to the North Beach CRA staff throughout the project permitting and construction process. All work related to improvements must be completed within twelve (12)months of award notification.The Grant recipient must provide the following to the North Beach CRA for review prior to reimbursement of expenses: •Copies of receipts and/or paid invoices. •Proof of payment (copy of checks or bank statements or ACH); •Contractor license documentation;and •Photos of completed work iv.The Incentive is awarded with the understanding that the Project will enhance,diversify, and develop the City's economic climate.To demonstrate that the incentive is fulfilling,or has fulfilled,its purpose,the Participant must furnish the North Beach CRA with all personnel documents necessary to verify the Participant's compliance with the Program requirements.This documentation must be received by the North Beach CRA staff within the twelve (12)month Performance Period.North Beach CRA staff may monitor and conduct an evaluation of the Project,which may include,without limitation,onsite visits to observe the Project. v.The total amount of the Grant award is determined as specified in Exhibit 1,and payment of any portion thereof shall be subject to and contingent upon Participant's compliance with the terms and conditions set forth in this Agreement.To be eligible for the Grant, Participant must submit a Disbursement Request form,attached hereto as Exhibit 2,to Page 2 of 21 Page 1824 of 1862 the Executive Director's designee at the address contained in Section 8 of Article II. vi.In awarding this Grant,the North Beach CRA assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount.Fifty (50%)percent of the Grant award is eligible to be disbursed upon satisfactory completion of fifty (50%) percent of the approved project improvements.Project costs incurred before execution of the agreement and/or the Grant award are ineligible for reimbursement. 1.ACCOUNTING AND FINANCIAL REVIEW:Participant shall keep accurate receipts and records of all expenses and financial documents relating to the Program in accordance with reasonable accounting standards and shall retain such receipts and records for the later of at least four (4)years after completion of the Program,or at least two (2)years after the expiration of the Performance Period specified in article I-6.These receipts and records and documents pertaining to the Program shall be retained in Miami Beach,Florida in a secure place,in an orderly fashion.At the request of the North Beach CRA,during regular business hours,Participant shall provide the Executive Director or Executive Director's designee reasonable access to its files,records and personnel,during regular business hours,for the purpose of making financial audits,evaluations or verifications related to the Program,as the North Beach CRA deems necessary.Furthermore,the North Beach CRA may,at its expense,audit or have audited,all personnel and financial records related to the Program. 2.INSPECTOR GENERAL AUDIT RIGHTS: A.Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may,on a random basis,perform reviews,audits, inspections and investigations on all City contracts,throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B.The Office of the Inspector General is authorized to investigate City affairs and empowered to review past,present,and proposed City programs,accounts,records,contracts and transactions.In addition,the Inspector General has the power to subpoena witnesses,administer oaths,require the production of witnesses,and monitor City projects and programs.Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power to audit,investigate,monitor,oversee,inspect,and review operations,activities,performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of Participant,its officers, agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption.Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. Page 3 of 21 Page 1825 of 1862 C.Upon ten (10)days written notice,Participant shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit,investigate, monitor,oversee,inspect,and review operations activities,performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals, activities of Participant,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D.The Inspector General shall have the right to inspect and copy all documents and records in Participant's possession,custody or control which in the Inspector General's sole judgment, pertain to performance of the contract,including,but not limited to original estimate files,change order estimate files,worksheets,proposals and agreements from and with successful subcontractors and suppliers,all project-related correspondence,memoranda,instructions, financial documents,construction documents,(bid/proposal)and contract documents,back- change documents,all documents and records which involve cash,trade or volume discounts, insurance proceeds,rebates,or dividends received,payroll and personnel records and supporting documentation for the aforesaid documents and records. E.Participant shall make available at its office at all reasonable times the records,materials,and other evidence regarding the acquisition (bid preparation)and performance of this Agreement, for examination,audit,or reproduction,until three (3)years after final payment under this Agreement or for any longer period required by statute or by other clauses of this contract.In addition: i.If this Agreement is completely or partially terminated,Participant shall make available records relating to the work terminated until three (3)years after any resulting final termination settlement;and ii.Participant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals,litigation,or claims are finally resolved. F.The provisions in this section shall apply to Participant,its officers,agents,employees, subcontractors,and suppliers.Participant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Participant in connection with the performance of this Agreement. G.Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by Participant or third parties. Page 4 of 21 Page 1826 of 1862 3.INDEMNIFICATION:Participant shall indemnify,defend and hold harmless the City,the North Beach CRA and its respective officers,employees,agents,and contractors,from and against any and all actions (whether at law or in equity),claims,liabilities,losses,expenses,or damages,including,without limitation,attorneys'fees and costs of defense,for personal,economic,or bodily injury,wrongful death, or loss of or damage to property,which the City,the North Beach CRA,and its respective officers, employees,agents and contractors may incur as a result of claims,demands,suits,causes of action or proceedings of any kind or nature arising out of,relating to,or resulting from the performance of this Agreement by Participant or its officers,employees,agents,servants,partners,principals or contractors. Participant shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits,or actions of any kind or nature in the name of the City or the North Beach CRA,where applicable,including appellate proceedings,and shall pay all costs,judgments,and attorneys'fees which may issue thereon.Participant expressly understands and agrees that any insurance protection required by this Agreement,or otherwise provided,shall in no way limit its obligation,as set forth herein, to indemnify,defend and hold harmless the City,the North Beach CRA,and its respective officers, employees,agents,and contractors as herein provided.Participant's obligation to indemnify the City and/or the North Beach CRA pursuant to the foregoing shall survive the expiration or termination of this Agreement.Participant recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration,provided by the North Beach CRA in support of the obligation in accordance with the laws of the State of Florida.Nothing herein shall be construed to waive any of the City's or the North Beach CRA's rights set forth in Section 768.28,Florida statutes.Nothing contained in this Agreement shall be deemed a waiver of sovereign immunity by the City or the North Beach CRA.This paragraph shall survive the expiration or early termination of this Agreement. 4.ASSIGNMENT:AMENDMENT:Participant shall not be permitted to assign this Agreement,and any purported assignment will be void,and shall be treated as an event of default pursuant to this Agreement.No modifications or amendments may be made to this Agreement unless made in writing and signed by both parties. 5.DEFAULT/TERMINATION PROVISIONS: A.In the event Participant fails to comply with any of the covenants,terms or provisions of this Agreement including,without limitation,Participant's failure to:(i)comply with the Program Guidelines,as set forth in Exhibit 1,attached hereto;(ii)complete the Project,as expressly contemplated in the Project Description;(iii)timely submit any reports or documentation,when due,as required under this Agreement;or (iv)comply with any other term or condition of this Agreement,the Executive Director or the Executive Director's designee shall issue written notice to the Participant and provide Participant with thirty (30)days to cure the default.If,at the Executive Director's sole discretion,the breach is cured within that period,continued participation in the Program may be allowed.If,however,the Participant fails to cure the breach, or again breaches this Agreement during the Performance Period,no further cure period shall be allowed and the Executive Director may terminate this Agreement with written notice to the Page 5 of 21 Page 1827 of 1862 Participant,thereby relieving the North Beach CRA of any further obligation to Participant under this Agreement. B.Where a Participant is delinquent in paying its taxes,fines,or any other fees due to the City of Miami Beach in its capacity,or in connection with any other agreements between the City of Miami Beach and Participant,the North Beach CRA shall withhold Grant funds until the Participant is current.Where a Participant is more than one (1)year delinquent,the Participant's Incentive award shall be canceled,and the Participant shall be disqualified from participating in the Program,and the North Beach CRA shall have no further obligation to the Participant under this Agreement. C.Termination for Fraud or Material Misrepresentations:Additionally,if the default is of a nature that cannot be cured,such as fraud or a material misrepresentation in connection with Participant's performance under this Agreement,the termination shall be effective upon receipt of the termination notice and no cure period shall apply. D.Further,in the event that the North Beach CRA,in the Executive Director's designee's sole discretion,finds that the Grant funds were ineligible payments under the terms of the Agreement, whether as a result of fraud,misrepresentation,or negligence of Participant,Participant shall be required to repay to the North Beach CRA all or a portion of the Incentive payments received by Participant,as of the date that the written demand is received ("Demand for Recapture"),within thirty (30)days from receipt of the Demand for Recapture. E.Participant further acknowledges and agrees that any Default may,at the North Beach CRA's sole discretion,render Participant ineligible for any future Grants or Grant funds. F.These provisions shall not waive or preclude the North Beach CRA from pursuing any and all remedies at law and in equity. G.Notwithstanding any provision of this Agreement to the contrary,and without regard to whether North Beach CRA has exercised the Default provisions thereof,the North Beach CRA reserves the right,at its sole and absolute discretion,to discontinue funding of the Grant if it is not satisfied with the progress of the Project. 7.FLORIDA PUBLIC RECORDS LAW: A.Participant shall comply with Florida Public Records law under Chapter 119,Florida Statutes, as may be amended from time to time. B.The term "public records"shall have the meaning set forth in Section 119.011(12),which means all documents,papers,letters,maps,books,tapes,photographs,films,sound recordings,data Page 6 of 21 Page 1828 of 1862 processing software,or other material,regardless of the physical form,characteristics,or means of transmission,made or received pursuant to law or ordinance or in connection with the transaction of official business of the North Beach CRA. C.Pursuant to Section 119.0701 of the Florida Statutes,if Participant meets the definition of "Contractor"as defined in Section 119.0701(1)(a),Participant shall: i.Keep and maintain public records required by the North Beach CRA to perform the service; ii.Upon request from the North Beach CRA's custodian of public records,provide the North Beach CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law; iii.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed,except as authorized by law,for the duration of the contract term and following completion of this Agreement if Participant does not transfer the records to the North Beach CRA; iv.Upon completion of this Agreement.transfer,at no cost to the North Beach CRA,all public records in possession of Participant or keep and maintain public records required by the North Beach CRA to perform the service.If Participant transfers all public records to the North Beach CRA upon completion of this Agreement,Participant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If Participant keeps and maintains public records upon completion of this Agreement,Participant shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the North Beach CRA,upon request from the North Beach CRA's custodian of public records,in a format that is compatible with the information technology systems of the North Beach CRA. D.REQUEST FOR RECORDS;NONCOMPLIANCE i.A request to inspect or copy public records relating to the North Beach CRA's contract for services,must be made directly to the North Beach CRA.If the North Beach CRA does not possess the requested records,the North Beach CRA shall immediately notify Participant of the request,and Participant must provide the records to the North Beach CRA or allow the records to be inspected or copied within a reasonable time. ii.Participant's failure to comply with the North Beach CRA's request for records shall constitute a breach of this Agreement,and the North Beach CRA,at its sole discretion,may:(1) unilaterally terminate this Agreement;(2)avail itself of the remedies set forth under this Page 7 of 21 Page 1829 of 1862 A greem ent;and/or (3)avail itself of any available rem edies at law or in equity. iii.If Part icipant fails to pro vide the public records to the North Beach C RA within a reasonable tim e,Part icipant m ay be subject to penalties under s.119.10. E.C IV IL ACT IO N i.If a civil action is filed against Part icipant to com pel pro duction of public records relating to the Nort h Beach C RA 's contract fo r services,the court shall assess and aw ard against Participant the reasonable costs of enfo rcem ent,incl uding reasonable attorn eys'fees,if: a.The court determ ines that Part icipant unlaw fully refused to com ply with the public records request w ithin a reasonable tim e;and b.A t least 8 business days before filing the action,the plaintiff pro vided written notice of the public records request,incl uding a statem ent that Participant has not com plied with the request,to the N orth Beach C RA and to Participant. ii.A notice com plies w ith subparagraph (i)(b)if it is sent to the North Beach CR A's custodian of public records and to Part icipant at Part icipant's address listed on its agreem ent with the North Beach C R A or to Part icipant's registered agent.Such notices must be sent by com m on carrier delivery service or by registered,G lobal Express Guaranteed,or certified mail,with postage or shipping paid by the sender and with evidence of delivery ,which m ay be in an electronic fo rm at. iii.If Participant com plies w ith a public records request within 8 business days after the notice is sent is not liable fo r the reasonable costs of enfo rcem ent. F.IF PA RTIC IPA NT HAS QUESTIONS REGARDING THE APPLICATION OF CHA PTER 119,FLORIDA STATUTES,TO PARTICIPANT'S DUTY TO PR OVID E PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH A TTENTION:RA FAEL E.GRANADO,SECRETARY 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 EM A IL:RA FAELGRANADO@ MIAMIBEACHFL.GOV PHONE:305-673-7 411 Page 8 of 21 Page 1830 of 1862 8.WRITTEN NOTICES:A ny no tices required under this A greem ent w ill be eff ective w he n delivered to the N o rt h Beach C R A in w riting and addressed to the Executive D irector's designee : H e athe r S haw Interim Econo m ic D evelopm ent D irector 17 55 M eridian A venue ,Suite 200 M iam i Be ach,FL 33 13 9 Tel:305-673-7572 ext.6563 Em ail:heathe rshaw @ m iam ibeachfl.gov A ny notices required und er this A greem ent to Part icipant shall be delivered in w riting to Part icipant's de signated contact. Article Ill /Miscellaneous Provisions 9.NO DISCRIMINATION:P art icipant also accepts and agrees to com ply w ith the fo llow ing Special C o nd itio ns: A.Pa rt ici pant he reby agrees that it w ill com ply w ith Title V I of the C ivil R ights A ct of 19 64 (42 U .S.C . 2000d et seq .)pro hibiting discrim ination on the basis of race,color,national origin,handicap,or sex. B .Part ici pant hereby ag ree s that it w ill com ply w ith the C ity of M iam i Beach H um an R ights O rdina nce as codified in C ha pter 62 of the C ity C ode,as m ay be am ended from tim e to tim e,prohibiting discrim ination in em ploym e nt,ho using and public accom m odations on account of actual or perceived race ,co lor,natio nal orig in,relig io n,sex,intersexuality,gender identity,sexual orientation,m arital and fam ilial status,age ,disability,ancestry ,height,w eig ht,dom estic part ner status,labor organization m e m bership ,fam ilial situatio n,or political affi liation. C .T he N o rth Beach C R A endo rses,and Partici pant shall com ply w ith,the clear m andate of the A m e ricans w ith D isabilitie s A ct of 19 90 (A D A )to rem ove barriers,which prevents qualified individuals w ith disab ilities fr om enjo ying the sam e em ploym ent opportunities that are available to persons w ithout disab ilitie s. D .T he N o rt h Beach also end o rses the m andate of the R ehabilitation Act of 19 73 and Section 504 and pro hibits discrim ination on the basis of disability and requires that Part icipant pro vides equal access and equa l opport unity and se rv ices w ithout discrim inatio n on the basis of any disability. 10.GOVERNING LAW AND EXCLUSIVE VENUE AND ATTORNEY'S FEES:T his Agreem ent shall be gove rn e d by,and construe d in accordance w ith,the law s of the State of Florida ,both substantive and rem e dial,w itho ut regard to princip le s of confli ct of law s.T he excl usive venue fo r any litigation arising out of this A greem e nt sha ll be M iam i-D ade C ounty,Florida,if in State court ,and the U .S .D istrict C ourt , S o uthe rn D istrict of Flo rida ,if in federa l court .In connection w ith any litigation arising out of this Page 9 of 21 Page 18 3 1 of 18 62 A gree m e nt,each part y shall bear their ow n costs and attorn ey's fees. 11.JURY TRIAL WAIVER.BY EN T ER IN G INT O T H IS AG R EE M E NT,THE NO RTH BE A CH C RA A N D PA R T IC IP A N T EX P R E S S LY W A IV E AN Y R IG HT S EITHE R PAR TY M AY HAVE TO A TR IA L BY JU R Y O F A N Y C IV IL LI T IG A T IO N R E LA TED TO ,O R A R ISING O U T O F,T HIS AG R EEM E NT. 12.POTENTIAL TAX CONSEQUENCES:Participant acknow ledges and agrees that the Gra nt m ay constitute taxable incom e fo r incom e tax purposes and be subject to taxation.Participant shall be solely responsible fo r consulting its tax specialist and for the paym ent of any tax that m ay arise in connection w ith P articipant's involvem ent in the Program . 13.MISCELLANEOUS: 13 .1 C o nstruction of A greem ent.T he parties hereby acknow ledge and agree that each has had an oppo rt unity to be represented by or consult w ith independent legal counsel and that any rule of construction w hich pro vides that am biguities are to be construed against the dra fter shall not apply in the interpretation or construction of this A greem ent.Headers and section titles in this Agreem ent are fo r co nvenience of reference only and do not m odify ,define,or lim it the pro visions thereof.In the event any term or provision of this Agreem ent be determ ined by appro priate judicial authority to be illegal or otherw ise invalid,such provision shall be given its nearest legal m eaning or construed as de leted as such authority determ ines,and the rem ainder of this Agreem ent shall rem ain in full fo rce and effect. 13 .2 C o unterpart s T his A greem ent m ay be executed in one or m ore counterparts,each of w hich shall be de e m ed an original,but all of w hich together represent one instrum ent binding on the Parties, notw ithstanding that all of the Part ies are not signatories to the sam e counterpart.The Parties further agree that this A greem ent m ay be signed and subm itted via facsim ile or electro nic m ail. 13 .3 N o B enefici aries.T he term s of this Agreem ent inure to the benefit of only those Parties nam ed he rein .T his A greem ent is not intended to and shall not be construed to give any third party any interest or rights,including w itho ut lim itation third-party beneficiary rights,with respect to or in conne ctio n w ith any agreem ent or pro vision contained herein or contem plated hereby. 13 .4 N o W aiver.No w aiver of any breach or failure to enfo rce any of the term s,covenants,conditions or othe r provisions of this Agreem ent by either party at any tim e shall in any way affect,lim it,m odify or w aive either party's right thereafter to enfo rce or com pel strict com pliance with every term , covena nt,condition or other provision hereof. 13 .5 C o m p liance w ith Law s.T he Part icipant agrees to abide by and be govern ed by all applicable Fe de ral,State,C ounty and C ity law s,including but not lim ited to M iam i-Dade C ounty's C onflict of Intere st and C ode of Ethics O rdinance,as am ended,which is incorporated herein by reference as if fully set fo rt h he rein,and C hapter 2,A rticle V II of the C ity C ode,as am ended,which is incorpora ted Page 10 of 21 Page 18 32 of 18 62 he rein by reference as if fully set fo rth herein. 13 .6 C aptio ns.C aptions,as used in this A greem ent,are fo r convenience of reference only and should not be de em e d or construed as in any w ay lim iting or extending the language or provisions to w hich such captions m ay refer. 13 .7 Inde pe nde nt C ontractor Status.It is expressly understood and intended that the Part icipant,as the recipie nt of G rant funds,is not an off icer,em ployee or agent of the Nort h Beach CR A ,its M e m be rs and Executive D irector,no r of the North Beach CRA personnel adm inistering the G ra nt. Furt he r,fo r purposes of this A greem ent,the Pro ject or activity,the part ies hereto agree that the Part icipant,its offi cers,agents,and em ployees are independent contra ctors and solely responsible fo r the Proje ct.T he Part icipant shall take all actions as m ay be necessary to ensure that its officers, age nts,em ployees,assignees and/or subcontractors shall not act as,nor give the appearance that they are,age nts,servants,jo int venturers,collaborators or part ners of the N o rt h Beach CRA ,its M em be rs and Executive Di rector or the N orth Beach C R A personne l adm inistering the G rant.N o part y or its off ice rs,elected or appointed off icials,em ployees,agents,independent contractors or consultants shall be conside red em ployees or agents of any other part y,nor to have been authorized to incur any expe nse on be half of any othe r party,nor to act for or to bind any other party,nor shall an em ployee claim any right in or entitlem ent to any pension,w orkers'com pensation benefit , une m ploym e nt com pensatio n,civil serv ice or other em ployee rights or privileges granted by operation of law or othe rw ise ,except throug h and against the entity by w hom they are em ployed. 13 .8 Fo rce M a je ure Eve nt.A "Fo rce M ajeure"event is an event that (i)in fact causes a delay in the pe rf orm ance of the Part icipant's or the N o rt h Beach C R A 's obligations under the Agreem ent,and (ii) is beyond the reasona ble contro l of such party unable to perf orm the obligation,and (iii)is not due to an inte ntio na l act,erro r,om ission,or negligence of such party,and (iv)could not have reasonably been fo resee n and prepared for by such part y at any tim e prior to the occurrence of the event.Subject to the fo rego ing criteria ,Force M ajeure m ay incl ude events such as war,civil insurr ection,riot,fires, epide m ics,pa nde m ics,terro rism ,sabotage,explosions,em bargo restrictions,quarantine restrictio ns,tra nsportatio n accidents,strikes,stro ng hurricanes or torn adoes,earthqua kes,or other acts of G o d w hich prevent perf orm ance.Force M aje ure shall not incl ude incl em ent weather. [THE REM AINDER O F THIS PAG E IS INTENTIO NA LLY LEFT BLA NK] Page 11 of 21 Page 18 33 of 18 62 IN W ITNESS W HEREO F,the parties hereto have executed this Agreement. FO R NO RTH BEACH CRA: ATTEST: By: Rafael E.G ranado,Secretary Date FO R PARTICIPANT: ATTEST: By: Print Name and Title Date NORTH BEACH COMMUNITY REDVELOPMENT AGENCY Rickelle W illiams,Interim Executive Director Authorized Signature Print Name and Title Page 12 of 21 Page 1834 of 1862 Exhibit 1 NORTH BEACH CRA COMMERCIAL FACADE IMPROVEMENT GUIDELINES Background and Purpose The North Beach Community Redevelopment Agency ("North Beach CRA")Commercial Facade Improvement Program ("Program")is a matching grant incentive program available for business owners and commercial property owners to help pay the costs of physical improvements to the building facade of their place of business.The Program is available to commercial buildings in North Beach's Normandy lsles/Vendome Plaza neighborhood,located within the Normandy Isles National Register Historic District, please reference the Program Boundary Map and/or contact the North Beach CRA to determine eligibility.The neighborhood's architecture contributes to the area's historic character and reflects the Miami Modern (MiMo)architectural style,with notable influences by French-born urban planner Henri Levy. The Program focuses on cultivating an improved visual experience and sense of place through external enhancements to existing buildings.Program funding awards consist of matching grants of up 70%the cost of eligible projects,up to an amount not to exceed $20,000 per application provided on a reimbursement basis for expenses paid on completed work.The program aims to (1)assist business and property owners to improve,repair,and preserve older buildings;(ii)stimulate investment in and revitalization of private property;and (iii)highlight historic architecture to foster a sense of place that is attractive and welcoming to the entire community,whether visitor,resident,shopper,or merchant. Eligibility Eligible Any building owner or commercial tenant of a nonresidential building located with the Program's geographic area is eligible to apply. All applications from building tenants require the signature and approval of the building owner.Exterior improvements must begin within six (6)months from date of executed agreement and be completed within twelve (12)months following execution of the agreement.The award letter and application agreement will specify the deadline for when the work needs to be completed.All improvements must comply with Miami Beach Municipal Code and Florida Building Code standards. Ineligible •Properties that are exclusively residential or do not contain ground floor commercial use. •Properties containing prohibited or non-conforming uses. •Properties whose primary purpose is a place of worship. •Properties encumbered by judgement liens,delinquent mortgage,and tax obligations,and/or building or code violations. Page 18 35 of 18 62 'NORTH BEACH CRA -COMMERCIAL FACADE IMPROVEMENT PROGRAM APPLICATION •Vacant,unim proved land. •Pro perties 'for sale"or listed on the M LS. ELIGIBLE FACADE IMPROVEMENTS A building facade is defined as one vertical side of a building regardless of the num ber of stories.Only those portions of the building that are visible from a public street are eligible fo r the Pro gram .To be eligible for grant reimbursem ent,expenses must be related to im provem ents made to the street-facing exterior of properties,incl uding: •Restoration or rehabilitation of the building's original and/or historic construction m aterials (and rem oval of false facade elem ents). •Stucco and/or clapboard restoration. •Painting (colors must be appro ved adm inistratively). •W indow s (im pact-rated),fram ing installation,glass,and/or door repair or replacem ent. •Signage. •Aw nings (incl uding the repair or removal of old awnings and canopies and/or installation of new aw nings). •Exterior lighting installation,repair,or replacement. Facade or masonry renovation or repair. •Parking facility and/or drivew ay or installation,repair,or enhancements. •Installation of brick,textured,and/or sustainable/perv ious pavement;and •Accessibility upgrades. •Soft costs such as design fees (architecture,engineering,plans),contracting services,building permits and surv eys.Payments for the Participant's own labor or other in-kind costs are NOT eligible. INELIGIBLE FACADE IMPROVEMENTS •Im provem ents inconsistent w ith the direction of the North Beach CRA Board or application guidelines. •Im provem ents perform ed prior to execution of final agreement with North Beach CRA. •Interior renovations and new construction of additional floor area or habitable space. •Paym ents for the applicant's own labor or other in-kind costs. •Any service or im provem ents performed by a non-licensed contractor. •Storm w ater enhancements. •Decorative fencing or privacy fencing. •Removal of architecturally significant features. •Installation or repair of statues and fountains. •G eneral maintenance that should be perform ed as part of ro utine up-keep. The fo llow ing descriptions represent considerations for improvem ents and are not intended to be incl usive of all permissible improvement types: 14 For additional information and access to the Program's online application,please visit the North Beach CRA website,www.miamibeachfl.gov/northbeachcra.You may also contact the North Beach CRA by telephone at 305.673.7572 or schedule in person appointments at the North Beach CRA District Office located at 962 Normandy Drive (Tuesday and Thursday from 9:30 a.m.-330 p.m) Page 18 36 of 18 62 I N O R T H BEA C H C RA -C O M M E R CIA L FA C A D E IM PR O VEM E N T PRO G RA M A P P LI CA TIO N I Facade •New storefronts,display windows,and exterior architectural elements. •Removal of elements that cover original architectural design and details. •Replacement of architectural elements that have structural deficiencies. •Exterior painting and new lighting. •Dem olition required for the approval of the facade im provements. •Roof impro vem ents that are visible and contribute to the architectural aesthetics of the building. (Com plete roof repair or replacement is not perm itted.) •Im provements that enhance access,such as handicapped ramps. Signage Upgra ded signs are one of the most com m on and effective ways of drawing attention to a business.An effective sign is memorable and showcases the quality and personality of a business.The simpler the sign,the more attention it will receive.Eligible improvem ents could incl ude (1)building or street-edge signage and (2)electrical work directly related to the exterior of the building or the installation of appro ved signage. Aw nings Aw nings help define storefronts and em bellish the streetscape.They provide shade to pro tect m erchandise from the sun and shelter customers from bad weather.Eligible im pro vements could incl ude the rem oval of old awnings and the production and installation of new awnings and canopies. Li ghting Decorative extern al light fixtures attached to the building or freestanding.Improved lighting enhances the visual appeal of storefronts and increases public safety along the entire street.Strategic use of warm,ambient lighting can enhance product display and im prove advertising to custom ers while contributing to an attractive,safe street front. Fram ing,w indows,and entrances Together,fram ing,display windows,and entrances com prise the "store front system"and should be compatible and inviting.Materials,color,and scale should work together to create a pleasant design that lures custom ers and enhances the comm ercial corridor. Storefronts w ith ample window space add more natural lighting and allow customers to see into the store,perm itting the merchandise to speak fo r itself.Window displays pro vide an opportunity to intro duce creativity and leave a lasting im pression on passersby. Entrances com posed of large glass panels pro vide for maxim um visibility and are welcom ing to custom ers.Make it easy to see into your store.Clear windows and minimal signage w ill lure custom ers inside. Restoration of historic or original construction Highlighting historic detail is an easy way to create a memorable storefront and reinforce district identity.Restoring historic architectural details is often more unique and attractive 15 For additional information and access to the Program's online application,please visit the North Beach CRA website,www.miamibeachfLgov/northbeachcra.You may also contact the North Beach CRA by telephone at 305.673.7572 or schedule in person appointments at the North Beach CRA District Office located at 962 Normandy Drive (Tuesday and Thursday from 9:30 a.m.-3:30 p.m). Page 1837 0f 1862 NORTH BEACH CRA -COMMERCIAL FACADE IMPROVEMENT PROGRAM APPLICATION than introducing contemporary elements.Modifications which are consistent with original building design and evidenced by an approved building permit approved by the City of Miami Beach may qualify for administrative,fast-track approval. Miscellaneous •Landscaping and irrigation when considered integral to the facade treatment of the building. •Permanent site furnishing that provides a welcoming,pedestrian-friendly atmosphere,such as benches,trash cans,bike racks,etc.Improvements to the pedestrian and transportation functionality of the property. •Improvements necessary for fire safety and/or ADA accessibility compliance. Requirements for application submittal Grant funds may be allocated to projects satisfying one or more of the Program criteria. An application will be considered,where preliminary approval of the following requirements has been satisfied.The North Beach CRA reserves the discretion to accept, reject or request modification of any application. •Submission of a completed application form •Color photographs of current facade from sidewalk or street •Conceptual design and specific scope of work •Proof of fire and extended insurance for property •Proof of insurance and necessary business licenses for selected contractor •Documentation of property owner's approval and permission for tenant improvements •Documentation that the subject property is up to date on all City of Miami Beach and Miami-Dade County property taxes. •Documentation that the business located at the subject property has an active and valid City of Miami Beach Business Tax Receipt (BTR) •The North Beach Community Redevelopment Agency ("North Beach CRA") Executive Director or designee may approve grant applications for Commercial Facade Improvement grant awards of $5,000 or less;grant award requests in excess than $5,000 must be accompanied by written Verification and eligibility determination •North Beach CRA staff shall verify all information as necessary. •Once an applicant has been determined to meet eligibility requirements,an initial inspection of the property will be conducted by staff to evaluate suitability and determine if there are any code violations or life and safety issues requiring remediation. •Applicants will be notified in writing regarding eligibility status,including explanation for application denial,if applicable. 16 For additional information and access to the Program's online application,please visit the North Beach CRA website,www.miamibeachfl.gov/northbeachcra.You may also contact the North Beach CRA by telephone at 305.673.7572 or schedule in person appointments at the North Beach CRA District Office located at 962 Normandy Drive (Tuesday and Thursday from 9.30 a.m.-3:30 p.m). Page 1838 of 1862 N O R T H BEA C H CR A -C O M M E RC IA L FA CA DE IM PRO V EM ENT PRO G RA M A PP LI CA TIO N A pproval and notifications G rant aw ards m ay only be authorized by the Nort h Beach CRA Board fo llow ing a recom m e nd atio n by the N ort h Beach CRA Executive Director.To obtain matching grant fund ing,ap p licants m ust m eet all pro perty eligibility and pro gram requirem ents in effect at the tim e of funding approval. P ro g ram cycle T im eline {T entative) •App licatio ns to the Program will be accepted on a ro lling basis. •N o rt h Beach C RA staff will review applications and make prelim inary aw ard reco m m e ndations over the fo llow ing 3-4 weeks.If the project is not recom m ended fo r aw ard of grant funding,the applicant will also be notified. •G rant applications will be evaluated on a first-com e,first-qualified,first-serv ed basis.G rant aw ards are lim ited by funding availability. •Follow ing prelim inary recom m endation fo r aw ard,staff will schedule a meeting with app licant to ensure cl ear understanding of pro gram guidelines,and obligations and responsibilities of all parties. •Each application recom m ended fo r aw ard by the staff m ust be considered and ap pro ved by the N ort h Beach CRA Board,w ho authorizes aw ards pursuant to ado ptio n of a resolution. •Fo llo w ing N orth Beach CRA Board appro val,the grant recipient will receive an aw ard le tter and grant agreem ent for execution outlining the grant details,project de ad line,and expectations. •G rant recipient will have six (6)m onths from date of executed agreem ent to begin pro je ct,and tw elve (12 )m onths to com plete the scope of work fo llow ing execution of the ag reem ent.The grant recipient is required to pro vide bi-m onthly updates to N o rt h Be ach C R A staff thro ughout the project perm itting and construction pro cess. Add itio na l docum ents m ay be required by Nort h Beach CRA staff as requested. •A fter the im provem ents are com pleted,the grant recipient must pro vide the follow ing to the N ort h Beach CRA for review ,prior to reim bursement of expenses: co pies of receipts and/or paid invoices,pro of of paym ent (copy of checks or bank state m ents),contractor license docum entation,and photos of com pleted work. A pplicatio n Evaluation Criteria T he N ort h B each C RA Board will consider the fo llow ing criteria when evaluating applicatio ns: •B usine sses and pro perties ow ned by M iam i Beach residents. •B usine sses and properties ow ned by veterans. •P rojects that support sm all business retention and expansion in the Nort h Beach C R A. •P ro je cts with heightened vehicular and pedestrian visibility. •P ro jects that support,encourage,prom ote,or m aintain affor dable or workforce ho using. •P ro je cts that incorporate Crim e Prevention Thro ugh Enviro nm ental Design (C P TED ). •P ro je cts w ith im provem ents of high-quality design and/or value based on reco g nized professional standards or best practices. 17 For additional information and access to the Program's online application,please visit the North Beach CRA website,www.miamibeachfl.gov/northbeachcra.You may also contact the North Beach CRA by telephone at 305.673.7572 or schedule in person appointments at the North Beach CRA District Office located at 962 Normandy Drive (Tuesday and Thursday from 9:30 a.m.-3:30 p.m). Page 1839 of 1862 N O R T H BEA C H C RA -C O M M E R CIA L FA CA D E IM P RO VEM E NT PR O G R A M AP PLI CA TIO N •Projects that align with the design standards established for the neighborhood and, when applicable,which m ay include historic preservation. •For vacant commercial pro perties,identification of an end use (office,retail,etc.) and tenants secured (at least a letter of intent);and •Projects that have a clear construction tim eline and can be completed within six (6)to twelve (12)m onths. Grant Aw ards •The m axim um contribution awarded per applicant or pro perty is $20,000. •The Program will m atch,on a reim bursem ent basis,up to seventy percent (70%) of the total project costs,up to an am ount not to exceed $20,000. •Fifty percent (50%)of the grant award is eligible to be disbursed upon satisfactory com pletion of fifty percent (50%)of the approved project impro vem ents,or at 100% of project completion,whichever the grant recipient determ ines. •Project costs incurred befo re application approval and/or the grant award are ineligible for reim bursement,therefo re applicants are strongly discouraged from com m encing construction prior to applying for the Pro gram and receiving express appro val from North Beach CRA staff and the North Beach CRA Board. •No property may receive more than the maxim um allowed grant award,as set forth within these guidelines,within a five (5)year period. •Any entity whether tenant or pro perty owner that subm its a second application befo re the five (5)year program term will be put on a waiting list. •Pro perty owners must adhere to a two (2)year waiting period before new applications for another property address can be subm itted. •Amendm ents to these guidelines may be incorporated from tim e to time by the North Beach CRA.Vested authority shall be granted to the North Beach CRA Executive Director or his/her designee to authorize minor waiver or amendm ent to these guidelines.All m ajor am endm ents to or deviation from these guidelines shall be approved by the North Beach CRA Board. 18 For additional information and access to the Program's online application,please visit the North Beach CRA website,www.miamibeachfl.gov/northbeachcra.You may also contact the North Beach CRA by telephone at 305.673.7572 or schedule in person appointments at the North Beach CRA District Office located at 962 Normandy Drive (Tuesday and Thursday from 9:30 a.m.-3:30 p.m). Page 1840 of 1862 NORTH BEACH CRA -COMMERCIAL FACADE IMPROVEMENT PROGRAM APPLICATION Eligible Facade Improvement Boundary Map The initial North Beach CRA Commercial and Residential Program Area is generally described as being bounded by Normandy Court to the north,Bay Drive to the east, Biarritz Court to the south,and Rue Notre Dame to the west.Please see below map. 19 For additional information and access to the Program's online application,please visit the North Beach CRA website,www.miamibeachfLgov/northbeachcra.You may also contact the North Beach CRA by telephone at 305.673.7572 or schedule in person appointments at the North Beach CRA District Office located at 962 Normandy Drive (Tuesday and Thursday from 9:30 a.m.-330 p.m). Page 1841 of 1862 NORTH BEACH CRA -COMMERCIAL FACADE IMPROVEMENT PROGRAM APPLICATION COMMON FACADE ARCHITECTURAL ELEMENTS This image depicts architectural elements commonly associated with building facades.It is provided for Windows Do not block windows with signs or other materials. Lighting Use subtle gooseneck lights to illuminate signs and building features. Sign Keep sign wording simple and clear. Use consistent let- tering and limit the number of colors used to two or three. Transom Sash Avoid filling this space with an air conditioner,which can drip and harm the appearance of your store's entrance. I -. g . I r I I I I I I --.~ •..--- '-...'I I I I I I L ..rt I I /\/I /I I h l II..I I \ I ILvalI-L □□-L--- al~ ---□□I l I I Cornice Central architectural element that tops the facade.Do not cover with signage. Awning Use sturdy fabric or canvas awnings. Avoid vinyl waterfall awnings,which deteriorate quickly. Street Number Make street number easy to read ana locate over entrance to help customers find you. Display Window Make an excellent window display the centerpiece of your storefront.Avoid blocking display with signs. illustration purposes only and not intended to provide design recommendations or requirements. 20 For additional information and access to the Program's online application,please visit the North Beach CRA website,www.miamibeachfl.gov/northbeachcra.You may also contact the North Beach CRA by telephone at 305.673.7572 or schedule in person appointments at the North Beach CRA District Office located at 962 Normandy Drive (Tuesday and Thursday from 9:30 a.m.-3:30 p.m). Page 1842 of 1862 Exhibit 2 DISBURSEM ENT REQUEST FORM P art ic ip an t Info rm atio n Partici pant: Participant C ontact(s): Local Business Address: C ity,State,Zip: Phone,fax,e-m ail: Folio num ber: Project Type Total cost of pro ject: C o m m erci a l Facade Im p rovem en t Project -to be verified by North Beach CR A staff Type of Facade D escription Im provem ent A.= I Total C ost fo r C om m ercial Facade Im pro vem ent Let this serve as a fo rm al request fo r disbursem ent of the grant aw ard fo r the current year of the C om m ercial Facade Im pro vem ent Pro gram .I acknow ledge that the North Beach CRA will calculate the actual incentive based on C om m erci al Facade Im provem ent Program guidelines. Part icipant C ontact and T itle:_ "]][)]}, D ate :---------------------------------- Page 21 of 21 Page 1843 of 1862