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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-080 Economic Development Grant Award to ADE Advantage LLC for McNab PlazaTemp. Reso. #13811 June 24, 2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022 - via A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO APPROVE A GRANT AGREEMENT AND $250,000.00 GRANT AWARD WITH PLAZA OWNER ADE ADVANTAGE LLC FOR THE FAQADE AND EXTERIOR IMPROVEMENT GRANT ECONOMIC DEVELOPMENT PROGRAM FOR A COMPREHENSIVE RENOVATION TO MCNAB PLAZA, 7015-23 N UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, the City of Tamarac Economic Development Program undertakes activities to promote commercial redevelopment and stimulate investment to remedy blight in the City of Tamarac in support of the Tamarac Economic Development Strategic Plan goals; and WHEREAS, the City Commission adopted the economic development Developer Incentive Program (Resolution No. R-2021-069) on June 23, 2021, which included approval of the program guidelines for the Commercial Plaza Owner Fapade and Exterior Temp. Reso. #13811 June 24, 2022 Page 2 of 4 Improvements Grant Program with a grant award up to $250,000.00 (maximum 80% of total project cost); and WHEREAS a staff Grant Review Panel (GRP) was appointed to review and evaluate grant applications to be recommended to the City Commission for grant award and Grant Agreement approval and having determined that this project meets the program eligibility criteria and satisfies the desired transformative commercial property economic development impact, and the GRP thereby voted to unanimously approve the McNab Plaza project located at 7015-23 N University Drive at the June 23, 2022 GRP public meeting and is recommending this project for City Commission consideration and Grant Agreement approval; and WHEREAS, The economic development Developer Incentives Grant Program is a targeted and strategic focused investment by the City to facilitate transformative change and incentivize private sector investment in Tamarac's commercial corridors and redevelopment areas, and projects are recommended for Grant Agreement approval for their overall economic and community impact to revitalize outdated properties, attract new businesses, and increase the commercial tax base; and WHEREAS, the plaza owner applicant will invest an estimated $3.88 million in the renovation project that will bring transformative commercial revitalization to a prominent intersection of two commercial corridors in the heart of Tamarac, the northwest corner of University & McNab, within the Medical Mile District Redevelopment Area; and WHEREAS, the approximately 6-acre site, McNab Plaza at 7015-23 North University Drive has been a vacant property for the past four years since Winn Dixie Temp. Reso. #13811 June 24, 2022 Page 3 of 4 departed and once this comprehensive plaza renovation is finished, the completed fapade and exterior improvements will result in a transformed and revitalized property including a completely new modernized facade with upgraded landscaping, lighting and parking lot improvements, and multi -tenant property with two to three new tenants including an anchor grocer business; and WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interests of the business owners, residents, and visitors of the City of Tamarac to award a two -hundred and fifty -thousand ($250,000.00) economic development grant award to be paid upon project completion as stipulated in the Grant Agreement for the Plaza Owner Fagade & Exterior Improvements Grant program for transformative renovations to a plaza property and authorizes the City Manager and City Attorney to execute the Grant Agreement with plaza owner ADE Advantage LLC ("Grant Agreement'). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1: The foregoing recitals are true and correct and hereby adopted as the legislative and administrative findings of the City Commission; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2: The City Manager is authorized to enter into the Grant Agreement, a copy of which is attached hereto as Exhibit "A", and expend budgeted funds on behalf of the City and to take all necessary steps to implement the Grant Agreement. Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #13811 June 24, 2022 Page 4 of 4 Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 13th day of july, 2022. MICH LLE J. GOME MAYOR ATTEST: KIMBERLY DILLON, CMC ACTING CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ: DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE ME ,AND RELIANCE OF THE CITY OF TAMARAC ONLY. JO N R JR. CVFY AT ORNEY CITY OF TAMARAC ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT FACADE & EXTERIOR IMPROVEMENTS GRANT FOR COMMERCIAL PLAZA OWNERS THIS CITY OF TAMARAC FACADE & EXTERIOR IMPROVEMENTS ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT (the "Agreement") is made and entered into this .� of J u L �J , 2022, by and between the CITY OF TAMARAC, a Florida municipal corporation, 7525 NW 88th Ave, Tamarac, FL 33321 ("City" or the "Grantor"), and ADE Advantage, LLC, a Florida limited liability company, with an address of 1140 NE 163d St., Suite 28, N. Miami Beach, FL 33162 (the "Grantee"). WITNESSETH: WHEREAS, the City of Tamarac Economic Development Program undertakes activities to promote commercial redevelopment and to stimulate investment to remedy blight in the City of Tamarac in support of the Tamarac Economic Development Strategic Plan; and WHEREAS, in fiirtherance of its goals, the City of Tamarac adopted the economic development Developer Incentive Program (Resolution No. R-2021-069) to provide grants to eligible recipients; and WHEREAS, the GRANTEE owns the commercial property in the City of Tamarac, and has applied for a grant under the Facade & Exterior Improvements Grant Program for Commercial Plaza Owners; and WHEREAS, the staff Grant Review Panel has reviewed the proposed project and recommends to the City Commission to enter into an Agreement with the GRANTEE to provide a grant for commercial property improvement and revitalization and to define the relationship between the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the value of which is hereby acknowledged by both patties, the parties agree as follows. SECTION 1. RECITALS The recitals set forth above are incorporated herein and made a part of this Agreement. Page 1 of 13 SECTION 2. THE PROPERTY 2.1 GRANTEE hereby represents and warrants that the Property is owned by GRANTEE. The McNab Plaza property is located at 7015-23 N. University Drive, Tamarac, FL 33321, legally described as: Legal Description is attached and incorporated herein as composite Exhibit "A," the "Property." 2.2 GRANTEE shall provide proof of ownership of the Property prior to disbursal of any funds by the City of Tamarac. 2.3 GRANTEE shall have control over the leasing of the Property; provided, however, because of the City's significant investment in this property as evidenced by this Agreement, and in consideration thereof, the City wants to ensure that future tenants reflect the economic development goals for the City and therefore, the City shall have the right to administratively review and approve tenants prior to such prospective tenants signing a lease, which approval may not be unreasonably withheld, for a period of five (5) years beginning on the Effective Date. SECTION 3. THE GRANT 3.1 The City of Tamarac hereby agrees to allocate to GRANTEE, subject to the terms and conditions set forth herein, a sum not to exceed Two -Hundred and Fifty Thousand 00/100 Dollars ($250,000.00) (the "Grant"). The full amount of the Grant shall be used solely for exterior renovations to The Property. The use of all funds shall be governed by the Application and the Renovation Proposal attached and incorporated herein as composite Exhibit "A" (collectively, the "Scope of Work"). 3.2 The City's Grant obligation is limited to awarding and reimbursing the Grant upon successful project completion. The City does not assume any liability for GRANTEE'S personnel decisions, business decisions or policies, including but not limited to the hiring of staff, paying of staff salaries, licensing or insuring of contractors, or the expenditure of overhead costs. The City shall not be a party to, nor is it liable for any contractual payments to any contractors, architects, or other third parties. Payments to any contractors, architects, or other third parties shall remain solely the responsibility of GRANTEE. 3.3 Changes in the use of the Grant proceeds or amendments to the project's budget must be approved, in writing, by the City Manager or staff designee. Requests for changes to the project's budget must be in writing by the GRANTEE to the Economic Development Manager and include a detailed justification for the request. 3.4 The Grant proceeds disbursement shall be made on a reimbursement basis according to the "Project Description" outlined in the Fagade & Exterior Improvements Grant Program application attached hereto as composite Exhibit "A". Incentive grant finds shall not be dispersed prior to inspection and receipt of Page 2 of 13 final approvals required by the City's Building Department, and any other required final approval, if applicable. Grant funds may be used solely for exterior capital improvements to the Property and reimbursement of such Grant funds shall be subject to the City's receipt of documentation establishing prior payment by the GRANTEE of improvements, including receipts, invoices, canceled checks, and such other documents as the City of Tamarac may require. The submission for reimbursements must be submitted to the Economic Development Manager and shall include a letter summarizing the funding request. Disbursements of the Grant proceeds may be made on a reimbursement basis or paid directly to the Service Provider, in accordance with the Scope of Work attached to application and provided applicant first approves of payment to Service Provider. 3.5 The City shall not be liable for reimbursement for payments for services beyond the Scope of Work or any other City -authorized improvements. The City shall not be liable for improvements which are made after the Term of this Agreement. SECTION 4. INSURANCE 4.1 The Grant awarded to GRANTEE is subject to the following Insurance requirements: 4.1.1 The City of Tamarac's receipt of an original certificate of insurance for the following forms of insurance: (a) Worker's Compensation insurance for all employees of the GRANTEE, as required by Chapter 440, Florida Statutes, as may be amended from time to time. (b) General Liability insurance annually in an amount not less than $300,000 combined single limits per occurrence for bodily injury and property damage which lists the City of Tamarac as an additional insured. 4.1.3 The insurance coverage required must include those classifications listed in standard liability insurance manuals, which most nearly reflect the operations of the GRANTEE. 4.1.4 Companies issuing all insurance policies required above must be authorized to do business under the laws of the State of Florida, with the following qualifications: 4.1.5 The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida," issued by the State of Florida Department of Insurance and be a member of the Florida Guaranty Fund; 4.1.6 Certificates of Insurance must provide that the GRANTEE will make no material adverse change, cancellation, or non -renewal of coverage without thirty (30) days advance written notice to the City of Tamarac. Page 3 of 13 4.2 GRANTEE shall be solely responsible for ensuring any contractors and/or subcontractors hired to complete the Scope of Work (as defined in Section 5.1 herein) have and maintain, throughout the term of this Agreement, the insurance required under this Section 4. For the avoidance of doubt, the City shall not be liable for GRANTEE'S failure to ensure its contractors and/or subcontractors comply with the insurance requirements under this Section 4. SECTION 5. SCOPE OF WORK 5.1 Grantee shall use funds provided by the City of Tamarac solely in accordance with the Application and the Renovation Proposal(s) attached and incorporated herein as composite Exhibit "A" (collectively, the "Scope of Work."). 5.2 Any amendments to composite Exhibit "A" desired by GRANTEE shall be submitted in writing to the Economic Development Manager. Any such proposed amendments must be accompanied by written justification. Before any amendment becomes effective, such amendment must be approved by the City Manager or Economic Development Manager in writing. SECTION 6. TERM, COMMENCEMENT AND COMPLETION DATES 6.1 The Effective Date of this Agreement shall be the date of execution by the last of the parties. 6.2 The term of this Agreement shall be for eighteen (18) months from the Effective Date (the "Term"); provided, hoivever, that the provisions of Section 2.3 and Section 8.1 shall survive the expiration of the Term. 6.3 Work provided in the Scope of Work shall commence no later than six (6) months from the Effective Date and shall be fully completed no later than thirty (30) days prior to the expiration of the Term of this Agreement. Final approvals and requests for reimbursement must be received prior to the expiration of the Term. 6.4 In the event work provided in the Scope of Work has not commenced within six (6) months of the Effective Date, the City reserves the right to place the Grant funds back into the program account and to reassign such funds to other projects within its sole discretion. The City may consider an extension request if GRANTEE can successfully demonstrate good -faith progression of the project. SECTION 7. RECORDS 7.1 INSPECTION. All of GRANTEE'S books, records and documents related to the grant shall be made available for inspection and/or audits by the City of Tamarac and any other organization conducting reviews for the City, upon 24 hours -notice throughout the Term of this Agreement. In addition, GRANTEE must retain all records related to the grant in proper order for at least three (3) years following the expiration of the Agreement. The City shall have access to such records for the purpose of inspection or audit during the three (3) years period. This Section shall survive the expiration of this Agreement. 7.2 PUBLIC ACCESS. GRANTEE shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or Page 4 of 13 under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the City or GRANTEE in conjunction with this Agreement. SECTION 8. SPECIAL CONDITIONS 8.1 MAINTENANCE. GRANTEE hereby covenants that it will continually ensure that the exterior of the Property is maintained in full compliance with the City's code compliance provisions. In the event GRANTEE or the Property is cited by City Code Compliance, GRANTEE shall fully comply with the City's Code Compliance Division to promptly cure such citation within fourteen (14) days. The terms and conditions of this Section 8.1 shall survive for a period of five (5) years from the date of completion of improvements. If GRANTEE breaches any provision of this Section 8.1, GRANTEE shall be obligated to repay the full amount of the grant to the City. 8.2 MATERIAL CHANGE OF CIRCUMSTANCES. GRANTEE shall immediately notify the City of Tamarac of any material change of circumstances of the project, including the Scope of Work. For the purpose hereof, material change of circumstances shall include, but not be limited to, the failure of GRANTEE to diligently and actively pursue commencement or completion the Scope of Work, failure to fulfill the terms of this Agreement or the other Grant Documents, any change, assignment, or transfer of ownership of the Property, voluntary or involuntary bankruptcy, or an assignment for the benefit of creditors. A material change of circumstances shall constitute a default under this Agreement for which the City shall have the right to pursue any remedy provided in this agreement or the other Grant Documents, or by law or in equity. 8.3 ASSIGNMENT. GRANTEE shall not assign, transfer, or otherwise dispose of any of its rights or obligations under this Agreement without prior written consent of the City. The City reserves its right to terminate this Agreement without further liability or obligation in the event GRANTEE attempts to assign, transfer, or otherwise dispose of its rights or obligations under this Agreement. 8.4 RULES, REGULATIONS AND LICENSING REQUIREMENTS. GRANTEE hereby represents and warrants that GRANTEE and its staff possess the licenses and permits required to conduct its affairs including federal, state, city and county. GRANTEE shall comply with all federal, state, and local laws, ordinances and regulations applicable to carrying out the Scope of Work including, but not limited to, conflicts of interest, building, zoning, land and property use regulations. GRANTEE shall be solely responsible for ensuring any contractors and/or subcontractors hired by GRANTEE to carry out the Scope of Work maintain any and all licenses such contractor and/or subcontractor is required by law to have to perform work under this Agreement. Failure by GRANTEE'S contractors and/or subcontractors to maintain such licenses shall be considered a material breach of this Agreement. 8.5 PERSONNEL. GRANTEE shall notify the City of all changes in personnel within five (5) working days of the change. All personnel of the GRANTEE are solely employees of the GRANTEE and not employees or agents of the City of Tamarac. Page 5 of 13 8.6 INDEMNIFICATION. GRANTEE shall indemnify and hold harmless the City of Tamarac, Florida, and their Commission members, employees or agents from any claims, liability, losses and causes of action that may arise out of any activity related to this Agreement or GRANTEE'S use of the funds. GRANTEE shall pay all claims and losses of any nature related to this Agreement or GRANTEE'S use of the funds, and shall defend all suits, in the name of the City of Tamarac when applicable and shall pay all costs and judgments that may arise from GRANTEE'S use of the funds or any other obligation arising out of this Agreement, except those caused by the sole negligence of City employees or officers. The GRANTEE 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 City 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 rights set forth in Section 768.28, Florida Statutes. This paragraph shall survive the termination of this Agreement. Nothing contained in this Agreement shall be deemed a waiver of sovereign immunity by the City of Tamarac. 8.7 NOTICES. All notices required in this Agreement if sent to the City of Tamarac shall be mailed to: And to: City of Tamarac ATTN: Kathleen Gunn, City Manager 7525 NW 88 Avenue Tamarac, FL 33321 Email: Kathleen.Gunn@Tamarac.org Phone: (954) 597-3510 City of Tamarac ATTN: Lori Funderwhite, Economic Development Manager 7525 NW 88 Avenue Tamarac, FL 33321 Email: Lori. Funderwhite@Tamarac.org Phone: (954) 597-3513 With a copy to: Fox Rothschild, LLP ATTN: John Heein, Esq., City Attorney West Tower, 777 S. Flagler Dr. West Palm Beach, FL 33401 Email: jherin@foxrothschild.com Phone: (561) 835-9600 Page 6 of 13 All written notices if sent to the GRANTEE shall be mailed to the address in paragraph one of page one above. 8.8 NONDISCRIMINATION. GRANTEE represents and warrants to the City of Tamarac that GRANTEE does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with GRANTEE'S performance under this Agreement on account of race, gender, religion, color, age, disability, national origin, marital status, familial status, sexual orientation or political affiliation. GRANTEE further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. GRANTEE further agrees that it will ensure that all contractors and subcontractors, if any, will be made aware of and will comply with this Section 8.8. 8.9 ADA REQUIREMENTS. GRANTEE expressly agrees that it must meet all requirements of the Americans With Disabilities Act ("ADA"), which includes posting a notice informing GRANTEE'S employees that they can file any complaints of ADA violations directly with the Equal Employment Opportunity Commission ("EEOC"), One Northeast First Street, Sixth Floor, Miami, Florida 33132. 8.10 INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, the GRANTEE shall be and act as an independent contractor. GRANTEE agrees that nothing herein shall be construed as in any way creating or establishing the relationship of partners or joint venturers between the City and GRANTEE as an agent, representative, or employee of the City for any purpose in any manner whatsoever, and GRANTEE further agrees that it shall not represent to any third parties that such is the case. 8.11 COSTS. GRANTEE shall obtain and pay for all permits, licenses, federal, state and local taxes chargeable to its operation. 8.12 ENTIRE AGREEMENT. This Agreement expresses the entire agreement of the parties and no party shall be bound by any promises, negotiations, or representations, whether verbal or written, made prior to the date hereof which are not incorporated herein. 8.13 MODIFICATION. This Agreement may not be modified, except in a writing signed by all parties hereto. 8.14 GOVERNING LAW; VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and all legal actions necessary to enforce the Agreement shall be held in Broward County, Florida, or, if Federal, said action shall be brought in the Southern District of Florida. If any legal action or other proceeding is brought for the enforcement of this Agreement, the successful prevailing party or parties shall be entitled to recover reasonable attorneys' fees and court costs. Page 7 of 13 8.15 WAIVER OR BREACH. It is hereby agreed by the parties that no waiver or breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any covenant. 8.16 PLEDGES OF CREDIT. GRANTEE shall not pledge the City of Tamarac's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 8.17 SEVERABILITY; WAIVER. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 8.18 SUCCESSORS AND ASSIGNS. The GRANTEE hereby binds itself and its partners, successors, executors, administrators and assigns to the City of Tamarac, in respect to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City of Tamarac which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City of Tamarac and the GRANTEE. 8.19 AGENTS. Should a GRANTEE choose to engage the services of an agent (individual or company) to assist or represent applicant in this aspect of the process, all such expenses for the agent's service shall be borne by the GRANTEE. Such expenses are not reimbursable under the terms of any of the City of Tamarac's incentive programs nor are such expenses reimbursable under this Agreement. City funds cannot be applied to services other than architecture, engineering, etc. related to the construction of the exterior improvements of the building. The City hereby represents and warrants that the City has dealt with no agent of GRANTEE, and GRANTEE hereby agrees to hold the City of Tamarac harmless from any claim, suit, or demand for commissions made by or on behalf of any agent or representative of GRANTEE in connection with this application for improvements to GRANTEE'S property. 8.20 SCRUTINIZED COMPANIES. By execution of this Agreement, in accordance with the requirements of Sections 287.135 and 215.473, Florida Statutes, GRANTEE certifies that GRANTEE is not participating in a boycott of Israel. GRANTEE further certifies that GRANTEE is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has GRANTEE been engaged with business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material Page 8 of 13 breach of this Agreement. The City shall provide notice, in writing, to GRANTEE of the City's determination concerning false certification. GRANTEE shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, GRANTEE shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If GRANTEE does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 8.21 PUBLIC RECORDS CUSTODIAN. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88U' AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK(UAMARAC.ORG 8.22 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., GRANTEE and its contractors and subcontractors, if any shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. GRANTEE shall require each of its contractors to provide GRANTEE with an affidavit stating that the contractor does not employ, contract with, or subcontract with an unauthorized alien. GRANTEE shall maintain a copy of the contractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, GRANTEE, or any contractor/subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a contractor knowingly violated the provisions of this section; but GRANTEE otherwise complied, shall promptly notify GRANTEE and GRANTEE shall immediately terminate the contract with the contractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. GRANTEE acknowledges that upon termination of this Agreement by the City for a violation of this section by GRANTEE, GRANTEE may not be awarded a public contract for at least one (1) year. GRANTEE further acknowledges that GRANTEE is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. GRANTEE or contractor shall insert in any contracts the clauses set forth in this section; Page 9 of 13 requiring the contractors to include these clauses in any lower tier subcontracts. GRANTEE shall be responsible for compliance by any contractor or lower tier contractor with the clauses set forth in this section. 8.23 MERGER. This Agreement constitutes the entire Agreement between the GRANTEE and City, and negotiations and oral understandings between the parties are merged herein. 8.24 NO CONSTRUCTION AGAINST DRAFTING PARTY. Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 8.25 FORCE MAJEURE. 8.25.1 Neither the City nor GRANTEE shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 8.25.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. SECTION 9. DEFAULT AND REMEDIES. 9.1 GRANTEE'S DEFAULT. GRANTEE'S (A) failure to comply with any of the provisions of this Agreement, or (B) sale, transfer, or assignment of ownership of the Property without the prior written consent of the City shall constitute a default (each, an "Event of Default") upon the occurrence of which the City of Tamarac may, in its sole discretion: (i) withhold, temporarily or permanently, all, or any unpaid portion of the grant upon giving written notice to GRANTEE, and/or (ii) terminate this Agreement and demand a frill refund of the Grant. Upon an Event Page 10 of 13 of Default as provided herein, the City of Tamarac shall have no further obligations or liabilities to GRANTEE under this Agreement. 9.2 REPAYMENT OF FUNDS. GRANTEE shall repay the City of Tamarac for all unauthorized, illegal or unlawful expenditure of funds, including unlawful and/or illegal expenditures discovered after the expiration of the Term of this Agreement, including if this Agreement is terminated in accordance with Section 9.1 above. GRANTEE shall also reimburse the City of Tamarac (i) in the Event of Default hereunder, (ii) in the event any funds are lost or stolen, and/or (iii) if work was not completed as provided in the Scope of Work and the budget attached hereto as composite Exhibit "A". Any portion of the Grant which is to be repaid to the City shall be paid by delivering a cashier's check for the total amount due, payable to the City of Tamarac, within thirty (30) days of the City's demand therefore. The City reserves any and all rights to which it is entitled to maintain any cause of action against GRANTEE in the event GRANTEE does not repay City within thirty (30) days pursuant to the provisions of this Section 9. 9.3 TERMINATION OF THIS AGREEMENT. The City of Tamarac may terminate this Agreement with or without cause or for its convenience. Termination of this Agreement by the City shall relieve the City of Tamarac of any fiirther obligations hereunder. Such termination shall not release GRANTEE from its obligations under this Agreement including, but not limited to, obligations relating to the completion of activities funded while the Agreement was in effect but not completed prior to the date of termination, or repayment of any funds GRANTEE is obligated to repay. 9.4 LIMITATION ON RIGHTS AND REMEDIES. Nothing contained herein shall be construed as limiting or waiving any rights of the City to pursue any remedy which may be available to it in law or in equity. Nothing contained herein shall act as a limitation of the City of Tamarac's rights in the event that GRANTEE fails to comply with the terms of this Agreement. 9.5 CITY OF TAMARAC'S DEFAULT. In the event the City fails to comply with the terms of this Agreement, GRANTEE shall provide the City of Tamarac with notice detailing the nature of the default, whereupon the City shall have thirty (30) days within which to initiate corrective actions and ninety (90) days within which to cure the default. Should the City fail to cure the default, GRANTEE'S sole remedy is to terminate this Agreement. The effective date of any such termination shall be the date of the notice of termination given by GRANTEE to the City of Tamarac. [REMAINDER INTENTIONALLY LEFT BLANK] Page I 1 of 13 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. GRANTEE WITNESSES: Corporate Name: 4E APIMAIZA41F) L(- L Print Name: -TENEj C �V Print Name: _i�Oli PPj 1�Jf-d1e-Z STATE OF FLORIDA COUNTY OF BROWARD By: Z. , Print Name: Title: M ANfl C 91Q\ Date: — 6, d 2 2. The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this 4-b day of _��fK' 20 by �r1S �� who has produced known to is ersonally kto me or identification. (type of identification) as NOTARY'S SEAL: dWSOBLIng&A-OFFLORIDA `'"•�"fc: K4MA.HERNANDEZ MY COMMISSION # HH 009234 arm Pam` EXPIRES: June 11,2024 B.1,M7b.N1tWNbkUnd.Wty. (Name of Acknowledge Typed, Printed or Stamped) Commission Number Page 12 of 13 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. • `-, ESTABLISHED :0�z•' SEAL ' GRANTOR: CITY OF TAMARAC, a Florida municipal corporation By: Print Name*� Title:�,�, Date: O` Ill ZA Ut, Page 13 of 13 AGREEMENT EXHIBIT CERTIFICATION The CITY OF TAMARAC (City), a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac FL 33321, and, a ADE Advantage, LLC (State of Incorporation). The following terms are hereby added to the original Agreement pursuant to Section 448.095, Florida Statutes, as amended from time to time. 1. E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., GRANTEE shall make sure that all contractors and its subcontractors working on the project shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subcorisultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. ADC &ECIrr qC, L LC Company Name r . Signature of Authorized Representati% r i s hl Type/Print NMfie (®i3012,022 Date McNab Plaza ,�, 7015-23 N. University Drive, Tamarac, FL 33321 EXHIBIT A -GRANT AGREEMENT The City For Your Life APPLICATION / PROJECT SCOPE STEP 3: Assemble Application Supporting Documentation — Fagade and Exterior lmprovements Document Checklist Description Applicant Initials Narrative description of existing conditions, proposed 1 Project Description/ development/improvement to the property, including a detailed Scope breakdown of exterior improvements for which reimbursement is being requested from the Program TN Business Plan or Executive Summary, including a narrative describing the 2 Business Plan business, Partnership and/or ownership information with equity positions, its operations, and its business principles TN 3 Financial Pro Forma Detailed 3-year budget projections of revenues and expenses (may not be necessary for property owners) TN 4 Historical Financials Historical financials for 3 years (in a sealed envelope —existing businesses only and may not be required for property owners) TN 5 Proof of Ownership Copy of Warranty Deed showing ownership of the property by the business owner TN Two bids/quotes from 2 licensed contractors, provided directly from 6 Contractor Bids vendor to City of Tamarac [Note, an executed contract copy must be submitted with Grant Agreement execution for approved projects] TN 7 Existing Conditions Current photograph of existing property conditions TN 8 Business Licenses Copy of applicable, current Business Licenses; Tenant list TN 9 Property Taxes Proof that property is free and clear of all municipal and county liens, judgments, or government encumbrances TN 10 Project Sketch or rendering of proposed improvements TN Improvements �9 05/20/2022 Applicant Signature Date Please click on the Paper clip of this webpage to add attachments. Page 1 of 2 TAMARAC The City For Your Life STEP 4: Submit Application Form & Supporting Documentation —Fag ade and Exterior hnprovements Date of Application:05/20/2022 1. Address of project requesting Fa§ade and Exterior Improvement Grant Funds: 7015-23 N. University Drive, Tamarac, FL 33321 2. Name of Applicant: AIDE Advantage LLC 3. Address of Applicant:1140 NE 163rd Street, Suite 28, N. Miami Beach, FL 33162 Phone:305-987-0038 Email:tony@newgroupmanagem Fax: 305-949-1060 ent.com 4. Does the applicant own project property? YES: NO: If "no" box is checked, when will property be in control (own or long- term lease) of the applicant? Indicate the owning entity of the property (i.e. name on property title): 5. Project Description? Facade renovation with landscape and parking lighting upgrades 6. Total Project Cost: $ 3,881,419.00 7. Total Grant Request $ 250,000.00 Applicant Signature: 05/20/2022 Date: K.y cU91�: Property to be improved must be free of all municipal and county liens, judgments, or government encumbrances of any kind. This provision can be waived by the City of Tamarac if development plans for said property address facade/exterior-related City Code violations and meet the goals and objectives as set forth in the Tamarac Comprehensive Plan Economic Development Element (2018-2022). Upon grant approval, said property must remain free of all municipal and county liens, judgments, or government encumbrances of any kind under the term of the agreement. Page 2 of 2 ADE ADYAIrrAGE, ,uc 1140 N.E. 163rd Street, Suite 28, N. Miami Beach, FL 33162 May 20, 2022 Ms. Lori Funderwhite Economic Development Manager City of Tamarac 7525 NW 881h Ave. Tamarac, FL 33321 Re: Letter of Intent Proposed Development/Improvement to secure Fagade and Exterior Improvement Grant 7015-23 N. University Drive Property ID # 4941-04-68-0010 Dear Ms. Funderwhite: As you may know, we have owned the above referenced property for almost 15 years now. Over the years, there has been only a minor fagade update with very minor site change to better adapt for ADA access and Winn Dixie's prototypical entrance. However, with Winn Dixie's departure almost four years ago, the center has been left vacant with a huge retail void, zero foot traffic, and a very dated fagade look. Being a substantial envelope of 60K+ square foot building, it has been difficult to secure any interest from any prospect operators to even consider this space without any significant transformation. Hence, we are seeking City's grant approval from the Fagade and Exterior Improvement Grant to help revamp this center's exterior look and make this center more attractive for today's retailers to come in and revive this critical corner of the City's Incentive Zone. We would like to replace the current fagade with a noticeable change that is impactfiul and transformational to the surrounding commercial areas, thereby igniting a new momentum of growth and redevelopment throughout the rest of the corridor on McNab Road. Proposed changes among others include the following: • Demo the exiting frontage without disturbing supporting columns and beams of the existing structure. • Three prominent entrances will replace the existing single entrance. • Rather than the current single plane fagade, the new modern facade will have a more three-dimensional look with logical protrusions and cavities to further promote grandeur where appropriate. • Metal awnings will be added for weather protection as well as to augment the new fagade look. • Different patterns of simulated wood panels and cultured stones will be used to further modernize the overall look Page 2 ADE Advantage LLC Letter of Intend City of Tamarac Economic Department Office May 20, 2022 • New storefront windows from floor to ceiling will be added for better lighting and visibility for all bays, including the added transom windows above logical entrances for greater prominence. • All storefront windows, doors, and automatic sliding doors will be upgraded to hurricane impact resistant grade. • Ultra -modern long linear LED light sconces will further accent the building throughout all entrances. • An intriguing corner glass dome will be added to further instill curiosity and captivate patrons to come around the corner. • A new false side entrance will be added to greet patrons as they enter the center from University Drive. • All site lightings will be upgraded to modern LED fixtures, providing an average of at least 4 to 5 foot candle lighting everywhere on site and significantly improving nighttime visibility. • New landscape beds will be added in appropriate areas near all three entrances. • Restore original landscaping with lusher greens and plants for a renew overall look, including replacement of any fallen or dead trees. It is important to note that the proposed new elevation designs are set with modern traits that we hope will continue to captivate patrons for many years to come, making this center a renewed viable place for retail businesses to thrive and a guaranteed place for employment opportunities. These improvements are a win -win situation for all. Thank you for your time in considering all facts surrounding our plans. We respectfully request this Grant Application be unanimously approved. Respectfully submitted, Tony Ng ADE Adv ntaRe LLC Business Plan / Entity Structure: Our current plan is to get all three bays leased out to retailers with the fagade work proposed. We have secured a supermarket operator to take the west bay while currently negotiating with other prospects to finalize the occupancy of the remaining bays. Our intent is to seek fiinding from this Grant along with equity fiords from other sister companies to make this redevelopment happen. Current entity stricture is a single purpose entity formed to own this real estate property and composed of solely four family members. There's currently no loan on this property with all equity divided among 4 members below. Our business goals remain the same as when it was formed to continuously promote growth and maintain viability of the real estate asset being held. ADE Advantage, LLC, a Florida limited liability company Members Percentage of Ownership Doris Ng 49% Manson Ng 17% Mantic Ng 17% Manward Ng 17% v' o• L ��i mil.✓✓s' �E. �. ,><�n.,{�F'� F. ig r 1 k Google sh -r` ,wi �.{*•.��.' {�� � ... .._-l. .. r�Jvr.91T G�]�..-L1-r•.1 1r..r.r r, .,.�.t..r� •rJ,'y��u y `"'mac, ' � - �! � . . � ii��'�r " r } i. r� .• r 1 err=���°�,;;>•�•+', r • . Z R lyp� T_ S TOP I ORIGINAL Contractor Estimate #1 McNab Plaza - Fgade Renovation Bid Form AMOUNT Late Bids General Conditions $ 160,004.00 $ 160,004.00 Perimeter Fencing $ 4,104.00 $ 4,104.00 Selective Demolition $ 187,029.00 $ 187,029.00 Underground Site Work (electric conduits, water & sewer, etc.) $ 11,600.00 $ 11,600.00 Site Chages (grading, drains, etc.) $ 67,390.00 $ 67,390.00 Pavement and Sidewalks $ 129,486.00 $ 129,486.00 Structural Steel $ 402,900.00 $ 402,900.00 Misc. Steel (e.g. gates at dumpster pad, etc.) $ 128,082.00 $ 130,468.00 Concrete cutting / new concrete $ 138,582.00 $ 138,582.00 Masonry $ 89,690.00 $ 89,690.00 Framing and Sheating $ 619,000.00 $ 559,900.00 Exterior Stucco and EIFS $ 239,700.00 $ 150,000.00 Metal Louvers & Canopies & Shade Structures $ 94,968.00 $ 94,968.00 Architectural Panels (wood siding, horizontal metal, etc.) $ 293,060.00 $ 243,828.00 Decorative Stone work $ 31,632.00 $ 31,632.00 Metal Ceiling System $ 12,333.00 $ 12,333.00 Millwork Roofing $ 411,860.00 $ 411,860.00 Drywall and Framing (demising walls) $ 150,200.00 $ 150,200.00 Doors and Frames $ 28,406.00 $ 28,406.00 Overhead Doors $ 6,895.00 $ 6,895.00 Storefronts $ 200,000.00 $ 200,000.00 Finishes - Walls & Floors Painting $ 41,895.00 $ 41,895.00 Specialties $ 1,670.00 $ 1,670.00 Plumbing $ 14,520.00 $ 14,520.00 Mechanical $ 4,000.00 $ 4,000.00 Electrical $ 319,250.00 $ 319,250.00 Lighting Package included above included above Fire Sprinkler - (turn -key, including engineering) $ 111,072.00 $ 111,072.00 Fire Alarm $ 14,150.00 $ 14,150.00 Landscape $ 81,087.00 $ 81,087.00 Irrigation Changes $ 2,500.00 $ 2,500.00 Others: Subtotal $ 3,997,065.00 $ 3,801,419.00 Overhead & Profit $ 80,000.00 $ 80,000.00 Liability Insurance included included Grand Total: $ 4,077,065.00 $ 3,881,419.00 Completion Date: (in calendar days) 182 182 Contractor's Performance Bond n/a n/a (2,386.00) 59,100.00 89,700.00 49,232.00 195,646.00 195,646.00 STONEGATE CONTRACTING GROUP PROJECT: COUNTY LINE PLAZA OUTPARCEL Date: 11/9/2021 6253-6301 County Line Road Miramar, FL 33169 Exclusions and Scope of Work Clarifications Building Permit fee excluded. Subcontractor permit fees included. Impact fees excluded. FPL Fees or any other utility fees if any by Owner Builder's Risk Insurance excluded Bond excluded. Water meters excluded. Threshold inspector excluded. Prevailing wages excluded. The excavation, treatment and disposal of contaminated soil as defined by the environmental protection agency, that may be encountered during the course of the project shall not be considered incidental to the work and the cost of remediation is specifically excluded. Demucking excluded. Due to the volatility of the market, we would require a final review of our quote at time of award to confirm that there has been no material increases since the date when we submit our bid. We do not include expediting fees for Bar Joists. Aluminum Impact Resistant Storefront Windows and Doors using 3100 Series framing as manufactured by Truelite with a bronze anodized finish, standard door hardware as tested (lock, closer, Push/pulls & threshold) and green 9/16" Laminated SB70 Low-E glass. No lever handles. Signage excluded. Fire Sprinkler system not included (See add alternate below). Lighting Fixture package is not specified. We included Lighting Fixture package subject to Architec's approval. If not approved please deduct $6,000.00 Communication stubs for data & Teleohone conduit and pull string. Wiring excluded (by others) Telephone conduit from building to site demarc is excluded. Unable to get the location. Weatherproof telephone termination cabinet by others. FPL primary is excluded (if required). One 1" empty PVC conduit from telephone service area to each Bay is included. Two 3'/2" empty PVC conduits from power service area Bay # 1 are included. One 2'/2" empty PVC conduits from power service area to Bay #4, 5 & 6 are included. Fire alarm system included. Any applicable code items that may be required by local authorities and have not been shown on the project documents are not included. ADD Alternate 1 To provide and install a Fire Sprinkler system with permit fee add: $27,788.00 Contractor Estimate #2 IG()N Icon Constructors, Inc. March 29th, 2022 Tony Ng ADE Advantage LLC. 1140 N.E. 1631d Street, Suite 28 N. Miami Beach, FL. 33162 Re: Proposal for Facade Remodeling and Demising of Existing 7015 Building At McNab Plaza 7015 N. University Drive Tamarac, FL 33321 Dear Client, Icon Constructors, Inc. is pleased to present this proposal to furnish labor, material, equipment and supervision as required as detailed in the Facade Remodeling's set of drawings dated 08/26/21, All construction to adhere to the plans and specifications provided by Island Designs, Inc. The proposal for this construction project was determined based upon the subcontractor bids and building material cost obtained by Icon Constructors in of March 2022. However, the market for subcontractor and building material cost are currently volatile and sudden price increases are occurring daily. Thus, Icon Constructors can only guarantee the proposal sum for a period of 30 days. Exclusions • Permit Fees, Building Risk • Irrigation. Qualifications: • Joist and Deck Package Must Order By 04/21/2022 or price subject for review • Available Delivery September/October Sincerely, Jose Lopez Estimator. McNab Plaza - Fagade Renovation Bid Form AMOUNT General Conditions $ 385,213.32 Perimeter Fencing $ 10,545.00 Selective Demolition $ 200,000.00 Underground Site Work (electric conduits, water & sewer, etc.) $ 67,850.00 Site Chages (grading, drains, etc.) $ 141,170.00 Pavement and Sidewalks $ 153,624.00 Structural Steel $ 519,204.00 Misc. Steel (e.g. gates at dumpster pad, etc.) Included Concrete cutting/ new concrete $ 297,000.00 Masonry Included Framing and Sheating $ 579,693.00 Exterior Stucco and EIFS $ 144,000.00 Metal Louvers & Canopies & Shade Structures $ 343,552.50 Architectural Panels (wood siding, horizontal metal, etc.) $ 253,178.94 Decorative Stone work $ 54,980.00 Metal Ceiling System Millwork Roofing (included $22527 masonry insulation) $ 737,612.00 Drywall and Framing (demising walls) $ 79,735.00 Doors and Frames $ 27,695.00 Overhead Doors $ 11,700.00 Storefronts $ 230,137.00 Finishes -Walls & Floors excluded Painting $ 38,929.34 Specialties Plumbing $ 17,500.00 Mechanical $ 58,500.00 Electrical $ 384,990.00 Lighting Package Fire Sprinkler- (turn -key, including engineering) $ 68,400.00 Fire Alarm Landscape $ 88,519.35 Irrigation Changes excluded Others: Subtotal $ 4,893,728.45 Overhead & Profit $ 342,560.99 Liability Insurance Grand Total: $ 5,236,289.44 Completion Date: (in calendar days) Contractor's Performance Bond CFN # 107923002, OR BK 45408 Page 380, Page 1 of 6, Recorded 05/30/2008 at 09:54 AM, Broward County Commission, Doc. D $51747,50 Deputy Clerk 3360 Plaza Owner Information This Instrument Was Prepared By: Peter L. Desiderio, Esq. Steams Weaver Miller Weissler Alhadeff& Siuerson, P.A. 200 East Las Olas Boulevard, 21" Floor Fort Lauderdale, Florida 33301 Record and Return To: Deluxe Title and Escrow, Inc. Attn: Tony Pomprinya 10800 Biscayne Blvd., Suite 988, Miami, Florida 33161 Property Appraiser Identification No.: 494104 68 0010 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this 12 day of Hate , 2008, between SB University L.L.C., a Florida limited liability company, as to an undivided 11`3 interest, NB University L.L.C., a Florida limited liability company, as to an undivided 1/3 interest, and Cheryl McNab Florida Property Inc., a federal corporation incorporated under the laws of Canada (formerly known as 35 1053 1 Canada Inc., a federal corporation incorporated under the laws of Canada), as to an undivided 1/3 interest, as tenants in common (collectively, the "Grantor"), whose mailing address is 2005 West Cypress Creek Road, Suite 202, Fort Lauderdale, Florida 33309, Attn: Samuel Butters ("Seller'); and ADE Advantage, LLC, a Florida limited liability company (the "Grantee"), whose mailing address is 1140 N.E. 163rd Street, Suite 28, North Miami Beach, Florida 33162, Attn: Doris Ng. WITNESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the following property (the "Property") lying and being in Broward County, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof. SUBJECT TO: 1. All easements, conditions, covenants, restrictions, reservations, limitations and agreements and other matters of record, provided that this instrument shall not reimpose same. 2. Real estate taxes for the year 2008 and all subsequent years. 3. Existing applicable governmental building and zoning ordinances and other governmental regulations. 4. Matters that would appear on a current and accurate survey of the Property. 5. Tenants under leases and/or in possession. CFN # 107923002, OR BK 45408 PG 381, Page 2 of 6 TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor does hereby specially warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION, OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY OR ANY IMPROVEMENTS THEREON (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). GRANTEE EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY AND ANY rMPROVEMENTS THEREON ARE CONVEYED "AS IS" AND "WITH ALL FAULTS," AND GRANTOR EXPRESSLY DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES, OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HEREIN ABOVE PROVIDED AND LIMITED), CONCERNING THE PROPERTY AND ANY IMPROVEMENTS THEREON, INCLUDING WITHOUT LIMITATION, (i) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY AND ANY IMPROVEMENTS THEREON, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY SUCH IMPROVEMENTS, AND (iii) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCHIMPROVEMENTS. [EXECUTIONS ON FOLLOWING PAGES) CFN # 107923002, OR BK 45408 PG 382, Page 3 of 6 WITNESS THE EXECUTION HEREOF as of thi 0 day of , 2008. WITNESSES: 1>10 Val" .� •�CG�� Print; r45e. J STATE OF )"�4 o Hill) A ) COUNTYO1�owiQRa ) GRANTOR: SB University L.L.C., a Florida limited liabili any By: Samuel Butters, Managing Member ACKNOWLEDGMENT The foregoing instrument was sworn to, subscribed, and acknowledged before me this;W day of 2008, by Samuel Butters, as Managing Member of SB University L.L.C., a Florida limited liabili ompany, on behalf of the limited liability company.. He is ponally known to me or presented a driver's license as identification and did not take an oaersth. / c Notary Stamp/Seal: Notary Signa e: a t u r�-e_�/�2Goet� Notary Print: Notary Public, State of Commission No.: iFlorida My Commission Expires: CFN # 107923002, OR SK 45408 PG 383, Page 4 of 6 WITNESSES: X. rint:t4bc-(-IAfrc STATE OF )rL • /e/ O R COUNTY OF40ROWARD NB University L.L.C., a Florida limited liability company By: J" Nathan Butters, Managing Member ACKNOWLEDGMENT -fd The foregoing instrument was sworn to, subscribed, and acknowledged before me thiso�0 day of 2008, by Nathan Butters, as Managing Member of NS University L.L.C., a Florida limited liabili company, on behalf of the limited liability company. He isoaersonally known to me or presented a driver's license as identification and did not take an th. �J Notary Stamp/Sea]: Notary Signatuicx l r (— Notary Print: Notary Public, State of Commission No.: y` mN 1`1"" Slate of FlorWa My Commission Expires: y � � !a, ::1.nm�;up,iD0508355 °'w t•�' Et,'ee_NiJSt1JtJ CFN # 107923002, OR BK 45408 PG 384, Page 5 of 6 MES: Pr. nt: N cl s o r, i '`— Print: S c, L — Cheryl McNab Florida Property Inc., a federal corporation incorporated under the laws of Canada(formerly known as 3510531 Canada Inc, a federal corporation incorporated under the laws of Canada) Stephen C. Kahn, President ACKNOWLEDGMENT The foregoing instnunent was sworn to, subscribed, and acknowledged before me this f�Z day of 1' t� 2008, by Stephen C. Kahn, as President of Cheryl McNab Florida Property Inc., a federal corporation incorporated under the laws of Canada (formerly known as 3510531 Canada Inc, a federal corporation incorporated under the laws of Canada), on behalf of the federal corporation incorporated under the laws of Canada. He is personally known to me or pmsented idontif+eeEier� and-did-nat-talcs.-sa-aatl}--C1,�^ Notary Stamp/Seal: Notary Signature: _- Notary Print: Notary Public, Commission No.: I - My Commission Expires: ORTON C ry91i•iCi,;; Panjslor and '$0ficc ;d Commissioner kr i)rihs c in Wd for fiw Fru: inw 6 CFN # 107923002, OR BK 45408 PG 385, Page 6 of 6 Exhibit "A" Legal Description Exhibit A Parcel 'A' of UNIVBRSITy AND McNAB PLAT, according to the Plat thereof recorded in Plat Book 135, et Page 2, of the Public Records of Broward County, Florida. LESS AND MXCBPT THE FOLLOWING; A portion of Parcel 'A', of UNIVERSITY AND MCNAB PLAT, according to the Plat thereof recorded in Plat Book 135, at Page 2, of the Public Records of Broward County, Florida, being morn particularly described as follows: Beginning at the Eaeterlymoat Southeast corner of said Parcel 'A'; thence North 89 degrees 01 minutes 50 seconds West, along a South lino of Parcel -A•; 225.46 feet; thence Notch 00 degrees 12 minutes 16 second. West, along a line 225 feet West of and parallel with the Ease line of Said Parcel "A•, 168.88 foec; thence North 89 degrees 47 minutes al seconda East. 225.41 feet to a point on said east line of said Parcel "A', same being the West right-of-way line of University Drive; thence South 00 degrees 12 minutes 16 Seconds East, along said East line of said Parcel •A', same being the said West rLght-of-way ltne of oniversity Drive, 193.50 feet to the Point of Beginning. Said lend$ lying in the City of Tamarac, being in eroward County, Florida Paroal 7S Non-exclusive easement for parking, ingress and egreso over the following A portion of Tract 17 of Section 4, Township 49 South, Raoge 41 East of FORT LAUDERDALE TRUCK FARMS, according to the plat thereof, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida and more fully described as follows: Beginning at the Southwest corner of Parcel "A UNIVERSITY AND MCNAB PLAT, according to the plat thereof as recorded in Plat Book 135, Page 2 of the Public Records of Broward County, Florida; thence South 00`12'16" East on the Southerly ettension ofthe West line ofsaid Parcel "A", a distance of 14.00 feet to a point on the North right-of-way line of McNab Road; thence North 89'01'50" West on said North right-of-way line said right-of-way Line being 53.00 feet North of (as measured at right angles) the South line of said Section 4, a distance of 165.00 feet; thence North 21'58' IO" East, a distance of 16.00 feet; thence North 05"58'10" East, a distance of24.45 feet to a point of wive; theneeNortheasterly on said curve to tyre right with it radius of 50.00 feet, a central angle of 85"00'00', an aro distance of 74.18 foot to a point of tangency; thence South 89'01'50' East, a distance of 54.57 feet thenco North 00.12'16' West, a distauco of 160.00 feet; thence North 89'4744' East, a distance of 51.00 feet to a point on the Wort line of said Parcel 'A'; thence South 00' 12' 16" East on said West line, a distance of 232.00 feet to the POINT OF BEGINNING. ➢arcs rIi Those non-exclualve easements appurtenant to and benefitting the above described Parcel I, as created, granted and described in that certain Amended and Restated Declaration of Restrictions and Basement. executed by McHab Joint Venture, a Florida general pertnershlp (joined by other.) dated November 24, 1998 and recorded November 30, 1998 under Clerks Pile No. 98-686634 and In Official Records Book 29025 at Pages 967 r2t eon• of the Public Records of Broward County, Florida (the -Amended and Restated Declaration') over and across the •Conrnon Areas' located within the 'First Union Out Parcel- and "Parcel XI- of the -Shopping Cancer" (also referred to as the "Future Development Parcel'), as Such parcels are described and as such terms are defined in said Amended and Restated Declaration. l:\ W-PLD1058381001 V)eed_NicNab.doc v BROWARD COUNTY 2021 Paid Real Estate Folio: 187079 Notice of Ad Valorem Tax and Non -Ad Valorem Assessments Property ID Number Escrow Code Assessed Value Exemptions Taxable Value Millage Code 494104-68-0010 I I See Below I See Below I See Below I 3112 AIDE ADVANTAGE LLC 1140 NE 163 ST STE 28 NORTH MIAMI BEACH, FL 33162 7015 N UNIVERSITY DR UNIVERSITY AND MC NAB PLAT 135-2 B PAR A LESS POR DESC AS:BEG ELY MOST SE COR SAID PAR A;W 225.46, N 188.88,E 225.41,S 193.50 TO POB,AND LESS BEG NE COR SAID PAR A, S 140.03,W 225.41, N 80.92, E 12.23,N 36.33, W 12.23,N 27.40 TO N/I PAR A. E 225.47 TO POB Corrected PAYMENTS MUST BE MADE IN US FUNDS AND DRAWN ON US BANK ACCOUNT. AD VALOREM TAXES Taxing Authority Millage Assessed Val Exemptions Taxable Val Taxes Levied BROWARD COUNTY GOVERNMENT COUNTYWIDE SERVICES 5.51340 4,029,300 0 4,029,300 22,215.14 VOTED DEBT 0.15560 4,029,300 0 4,029,300 626.96 BROWARD CO SCHOOL BOARD GENERAL FUND 4.81800 5,400,000 0 5,400,000 26,017.20 CAPITAL OUTLAY 1.50000 5,400,000 0 5,400,000 8,100.00 VOTER APPROVED DEBT LEVY 0.14410 5,400,000 0 5,400,000 778.14 SO FLORIDA WATER MANAGEMENT EVERGLADES C.P. 0.03650 4,029,300 0 4,029,300 147.07 OKEECHOBEE BASIN 0.11460 4,029,300 0 4,029,300 461.76 SFWMD DISTRICT 0.10610 4,029,300 0 4,029,300 427.51 NORTH BROWARD HOSPITAL 1.27700 4,029,300 0 4,029,300 5,145.42 CHILDREN'S SVCS COUNCIL OF BC 0.46990 4,029,300 0 4,029,300 1,893.37 CITY OF TAMARAC TAMARAC OPERATING 7.20000 4,029,300 0 4,029,300 29,010.96 FL INLAND NAVIGATION 0.03200 4,029,300 0 4,029,300 128.94 Total Millage: 21.36720 Ad Valorem Taxes: $94,952.47 NON - AD VALOREM TAXES Levying Authority Rate Amount 31 TAMARAC FIRE 27,049.00 31 TAMARAC STORMWATER ASSMT @ 142.2700 16,416.54 Non - Ad Valorem Assessments: $43,465.54 $138,418.01 Combined Taxes and Assessments: If Postmarked By Mar 21, 2022 Please Pay $0.00 tt ----------------------------------------------------------------------------------------------------- BROWARD COUNTY 2021 Paid Real Estate Folio: 187079 Notice of Ad Valorem Tax and Non -Ad Valorem Assessments Paid 11/25/2021 Receipt # WWW-21-00096926 $135,526.14 Paid By AIDE Advantage LLC Make checks payable to: BROWARD COUNTY TAX COLLECTOR Property ID Number GOVERNMENTAL CENTER ANNEX 494104-68-0010 115 S. ANDREWS AVENUE, ROOM # A100 FORT LAUDERDALE, FL 33301-1895 Corrected PAYMENTS MUST BE MADE IN US FUNDS AND DRAWN ON US BANK ACCOUNT AIDE ADVANTAGE LLC 1140 NE 163 ST STE 28 NORTH MIAMI BEACH, FL 33162 PAY YOUR TAXES ONLINE AT: hrnwarci_rounty-taYas rnm If Postmarked By Please Pay Mar 21, 2022 $0.00 Please Pav Only One Amount