HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-080 Economic Development Grant Award to ADE Advantage LLC for McNab PlazaTemp. Reso. #13811
June 24, 2022
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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;
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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%
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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