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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-136 Economic Development Program - Comprehensive Renovation to McNab Commercial PlazaTemp. Reso. #13874 December 14, 2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A $250,000.00 FAQADE AND EXTERIOR IMPROVEMENT GRANT AGREEMENT WITH MILLENNIUM ESTATES, LLC AS PART OF THE CITY'S ECONOMIC DEVELOPMENT PROGRAM FOR A COMPREHENSIVE RENOVATION TO MCNAB COMMERCIAL PLAZA, 8005 W. MCNAB ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER ERRORS; 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 Fagade and Exterior 140548972.1 Temp. Reso. #13874 December 14, 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 Commercial Plaza project located at 8005 W. McNab Road at the November 17, 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 $320,000 in the renovation project that will bring transformative commercial revitalization to a prominent commercial corridor, McNab, and targeted redevelopment area; and WHEREAS, McNab Commercial Plaza is a two-story retail and office center with approximately 119,764 square feet of commercial property with about 32,586 square feet of interior area; and 140548972.1 Temp. Reso. #13874 December 14, 2022 Page 3 of 4 WHEREAS, the property was constructed in 1988 and is 34 years old and in need of renovation; and WHEREAS, once finished, the proposed fagade and exterior renovation project will result in a transformed and revitalized plaza property, including a refreshed fapade with upgraded landscaping, lighting, monument and tenant signage, and parking lot improvements; 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 enter into a $250,000.00 Facade and Exterior Improvement Grant Agreement with Millennium Estates, LLC ("Grant Agreement") to be paid upon project completion for transformative renovations to McNab Commercial Plaza. 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 approves the Grant Agreement, attached as Exhibit 1 ", and the City Manager is authorized to sign the Grant Agreement, 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. Section 4. Any scrivener or typographical errors that do not affect intent of this 140548972.1 Temp. Reso. #13874 December 14, 2022 Page 4 of 4 Resolution may be corrected with notice to and authorization of the City Attorney and City Manager without further process. Section 5. 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 6. This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 14th day of December 2022. ATTEST: I i KI ERLY ILLO , CMC CITY CLERK A'4 & -J r(G I / MICHIELLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ: ES DIST 1: COMM. BOLTON -LJ E-5, DIST 2: COMM. WRIGHT DIST 3: COMM. VILLALOBOS L DIST 4: COMM. DANIEL Sets APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. JWN F . HEIRIN, J C ITY AIFTORNEY 140548972.1 CITY OF TAMARAC ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT FA(rADE & 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 , 2022, by and between the CITY OF TAMARAC, a Florida municipal corporation, 7525 NW 88th Ave, Tamarac, FL 33321 ("City" or the "Grantor"), and MILLENNIUM ESTATES LLC, a Florida limited liability company, with an address of 8059 W. McNab Road, Tamarac, FL 33321 (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 furtherance 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 It 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 parties, 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 Commercial Plaza property is located at 8005 W. McNab Rd, 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. 2.4 GRANTEE shall retain ownership of the Property, while maintaining the Property in accordance with the approved Scope of Work, for a period of twenty-four months (2 years) from grant disbursement or must repay the full amount of the grant received as stipulated in Section 9.2. 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. Page 2 of 13 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 funds shall not be dispersed prior to inspection and receipt of 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; Page 3 of 13 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. 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, however, that the provisions of Section 2.3, Section 2.4, 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 Page 4 of 13 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 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. Page 5 of 13 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. 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, Econ Dev Manager 7525 NW 88 Avenue Tamarac, FL 33321 Email: Lori.Funderwhite@Tamarac.org Phone: (954) 597-3513 With a copy to: City Attorney's Office ATTN: Hans Ottinot, Esq., City Attorney 7525 NW 88 Avenue Tamarac, FL 33321 Email: I lans.Ottinot(a>Tamarac.M Phone: (954) 597-3527 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 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERKrTAMARAC.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 9of13 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 full 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 further 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 11 of 13 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. WITNESSES: �+ Pd �i OP►oU Print Name: Print Name: 1 �- STATE OF FLORIDA COUNTY OF BROWARD GRANTEE Corporate Name: Millennium Estates LLC gd By: Print Name: Egemen Toprak Title: Owner Date: Z. 2 The foregoing instrument was acknowledged before me, by means of p�f hysical presence or ❑ online notarization, this ��j day of e c e_ n jCj!::� 20 Zf - by SnLE ` EA i -T-3 i?9AK He/she is personall own to r who has produced (type of idenh ica on as identification. NOTARY'S SEAL: S� NOTARY PUBLIC, STATE OF FLORIDA FUAT ORNARII f�Vlq Notary Public -State of Florida Commission * HH 167705 (Name of Acknowledger Typed Printed or Stamped) P' M Commission Expires Y August 22, 2025 ,/ /[770 S /l��F l7 Commission Number Page 12 of 13 GRANTOR: CITY OF TA C, a Florida munici al corporation By: Print Name: 0 Title: 6 Date: lyl 0 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 subcontractorlsubconsultant 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. I(1(1►11e,�n� E5+61VIL LL( - Company Narne �1 Signature of Authorized Representative E%Zfvt4n�.� Type/Print Name t, J Zg j 20 22, Date Grant Application: McNab Commercial Plaza Mcnab Commercial Plaza 8005 W. Mcnab Road, Tamarac, FL 33321 Parcel ID 494104200050 City of Tamarac Plaza Facade and Exterior Improvement Program (Revision 3) Owner Millennium Estates LLC TAMARA McNab Plaza _�� - -L— The City For Your Life STEP 3: Assemble Application Supporting Documentation - Fagade and Exterior hnprovements Checklist Narrative description of existing conditions, proposed 111111a15 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 ET 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 ET 3 Financial Fro Forma Detailed 3-year budget projections of revenues and expenses (may not be necessary for property owners) ET 4 Historical Financials Historical financials for 3 years (in a sealed envelope — existing businesses j only and may not be required for property owners) ET I 5 Proof of Ownership Copy of Warranty Deed showing ownership of the property by the j business owner ET 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] ET i Existing Conditions Current photograph of existing property conditions ET 8 Business Licenses Copy of applicable, current Business Licenses; Tenant list ET 9 Property Taxes Proof that property is free and clear of all municipal and county liens, j judgments, or government encumbrances ET 10 Project Improvements Sketch or rendering of proposed improvements JET I Applicant Signature 04/05/2022 Date Please click on the Paper Clip of this webpage to add attachments. 10 •a sw:.r,— •w.. ,., r+�&•rr„x s aw ,...,� ,, ,_. - ,rtar � ;. m::a:�•:..:•:a _. �....s . �... ,c.,:.z:.:-:.,,..:�.�a.�x.�r ,. ,;..e ..:rTx:�a:a.�srs•�-: �.v. �a.e; ..c.�a..., ...• TAMARAC The City For Your Lite STEP 4: Submit Application Form & Supporting Documentation - Fagade and Exterior Improvements Date of Application:04/05/2022 1. Address of project requesting Fayade and Exterior Improvement Grant Funds: 8005 W MCNAB ROAD TAMARAC FL 33321 2. Name of Applicant: EGEMEN TOP RAK (MILLENNIUM ESTATES) 3. Address of Applicant:8059 W MC NAB ROAD TAMARAC FL Phone:7863529613 Email:EGEMENTOPRAK87@GM Fax: AIL,COM 4. Does the applicant own project property? YES: 41 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): MILLENNIUM ESTATES LLC 5. Project Description? FACADE AND EXTERIOR IMPROVEMENT PROGRAM 6. Total Project Cost: $ 320.000 7. Total Grant Request $ 250.000 Applicant Signature: 04/05/2022 Date: 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 fa4ade/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. I. Project Description/Scope: The subject property is a Two -Story Retail and Office Center, contains approximately 119,764 square feet of commercial property improved with a two- story retail center, containing approximately 32,586 square feet of interior area. The building originally constructed in 1988 and since the day the plaza has been built, construction industry and architectural design for commercial properties changed and improved vastly. Due to subject property being approximately 34 years old, we would like to present current conditions of the plaza and present list of improvements that would bring a value to residents of City of Tamarac. Currently, the property has a brownish exterior paint with a textured finish. Over the years, trends have changed and due to these changes, current paint color and the finish makes the property look design wise outdated. One of the key points of property to look attractive, neat landscaping needs to be in place and due to broken and damaged irrigation system in almost all areas we see no trace of grass. In addition, on the exterior, led linear lights have been used on the corridors and walkways. Many lights have no cover and some of them are not working properly. This results property to look unmaintained. PROJECT SCOPE List of Exterior Improvements requested for the Program: a) Smooth Finish Stucco and new Paint- (Anthracite Earth -Tones will be selected) b) Re -Painting Railings c) Replace and Install Exterior Lighting Fixtures, Incl Photometric Study d) Restoration of Current Awning e) Replace/Restore Current Irrigation System f) Replace Dead Trees g) New Grass and Landscaping h) New Monument Signage i) Tenant Signages - New j) Replace Broken Spanish Tiles k) Buffer Wall Repairs 1) Concrete Island Removal m) Restore Broken Parking Lot Curbs n) Pour a Walkway from Parking Lot to Corridor o) Island Expansion with Landscaping Additionally, p) Repairing Dumpster Enclosure Doors to match/metal material q) Screen Rooftop Equipment by Parapet Walls Upon Grant Agreement approval, applicant shall submit applications to receive approval for: 1) Site Plan Approval (Minor) to include parking and landscaping detail (prior to Building Permit approval, and 2) Comprehensive Sign Plan to include monument and tenant signage plazawide. 2. Business Plan: Mcnab Commercial Plaza run its operations as a Two -Story Retail and Office Center located in the City of Tamarac. The plaza purchased in August 2017 purchased by Egemen Toprak under Millennium Estates LLC. 3. Tenant List: Tenant Name Unit Number Cristoss LLC 8001 Hair Designers 8005 Siddheswari LLC 8013 John Ekstrom 8021 Weiner Chiropractic 8025 Fashion Alterations 8029 Rapha Medical Center 8037 Shear Beauty Studio 8041 Great Health Choice 8043 World Alive Worship 8045 Great Health Choice 8049 Max Funding LLC 8051 3A Insurance 8053 Li Tech 8055 Yovel Foundation 8057 Complete Income Tax 8059-1 Curtis Turner Law Office 8059-2 Rodnan Jr Aime 8059-3 Anna Rivera 8059-4 Natty Studio LLC 8059-5 Cindy Garcia 8059-7 Akeema Green 8059-8 Min Cristiano El Toque 8061-8063 Golf Traders 8083-8085 Current Photos jq(c Image 1 — Outdated Exterior Facade Color Image 2 — Poor Landscaping due to missing Irrigation Image 3 — Example of Dead Threes Image 4 — Varied Design Selection for Tenant Signs Image 5 — Outdated Awning Design 'Ru� a V.Wml '�l � � 1t� ,� �, !:z ''; � "¢^: r �1 i ,. • ?�+ ,,; �; j ` \ __ \, �� _ ^ ;� w::rt 1 G .�y,�. +! i•� ' � . lit �t,s fN+r i � t,�;,�n��.., c t yfi,��, `��� .�Y• r t 1�.,`�� 1 �+.- ,v � t,�� ' ry t� - �� i�(� J Rrv#Fcr, �`�� 1 •� �7�+ �i��aTM *; 'k• i�r � � ;d1i� h 1 Ctf; ^ t .�:(! � I. ';'M y �'^ �olr w •fa � � .-�: i ri �f '• _�,•� {' •� ��•� �� �t � t�., it 'I nM ry t n' I 4 , V/ it01 •.v ,y `I 472�g�¥A� _ m��k� \ \ ! ` a O8 a N n ¥ 7m Ada NDA ,mm § _ : ( ! § E) \ \ k !02 @ a!| §/ § m| ® $ § -0 Q � §§�\§ | iL § ( 2 |I |K ( §2 , ��.. \ � � w"'°°Ins°o'"s°• wor W Illnsuo�usd®olul�llewa LIED�LD(45Li Xd'Hd NI1lf1SN0O NS m -- LZ£££ 1=1 -OV'dVvvvi 8t/N�W M9008..b2dld 8b'NOW 011'S31tl1S3iNnINN�311IWO - ` a z w �lt;�uL cGi y WNW QU W4 p U Z �O z z i iie� l$ Z Q J IL O 2 W 0 Contractor Estimate #1 CBC#12614C 5 Estimate 4521-22 Name / Address Project Name / Address Millennium Estates LLC Mcnab Plaza Attn: Mr Egemen Toprak 8005 W Macnab Road Tamarac, FL 33321 Payment Terms NET 15 Description Qty U/M Rate Total Exterior Stucco (East/West/North/South Elevation) 1,430 SQYD $ 38.00 $ 54,340.00 Exterior Paint (East/West/North/South Elevation) 16,000 SF $ 2.50 $ 40,000.00 Monument Signage (10' x 9') 1 PC, $ 27,000.00 $ 27,000.00 Channel Letter for Tenants (18", Yellow Acrylic) 65 PCS $ 369.23 $ 24,000.00 Remove and Replace Exterior Lighting Fixtures (incl wires and conduits) 44 PCS $ 318.18 $ 14,000.00 Photometric Study 1 LPSM $ 4,500.00 $ 4,500.00 Fix and Paint Exterior Railings 290 LF $ 22.00 $ 6,380.00 New Irrigation System 1 LPSM $ 16,500.00 $ 16,500.00 Replace Dead Trees 3 PCS $ 2,616.67 $ 7,850.00 Landscaping (Grass throughout the property) 15,000 SF $ 0.65 $ 9,800.00 Awning Restoration (Replace Rafters) 560 LF $ 29.46 $ 16,500.00 Replace Damaged Spanish Tiles 80 PCS $ 65.00 $ 5,200.00 Expansion of Islands (Parking Lot, South Section) 4 LPSM $ 4,250.00 $ 17,000.00 Buffer Wall Crack Repairs 320 LF $ 23.00 $ 7,360.00 Parking Lot Curbs (Remove, Pour and Paint) 1382 LF $ 33.00 $ 45,606.00 Pour a Walkway from Parking Lot to the Property 167 SF $ 17.96 $ 3,000.00 Design and Engineering 1 LPSM $ 16,500.00 $ 16,500.00 Permit Fees I LPSM $ 12,500.00 $ 12,500.00 Survey I LPSM $ 2,500.00 $ 2,500.00 Remove Concrete Island (Next to Golf Store) 1 LPSM $ 6,500.00 $ 6,500.00 Drawings for Permits I LPSM $ 9,500.00 $ 9,500.00 Total $ 346,536.00 In any litigation involving the invoice, proposal or agrecnwnt the prevailing parry shall recover reasonable attorney fees and all costs incurred, including fees and costs spent litigating the amount of the fees. Any amount that is not paid withing 30 days from the date of this invoice, proposal, or agreement shall acme interest at the rate of Ig%annually ie, highest rate allowed by law. LO 0 • • — 18 in 1 in _-, '1 3 in 13 in ��-1 3 in CLOD W cc ci ui ULMCO Ul , C=� u10 ZL AILI.Contractor Estimate # V"" CONTRACTNG State Licensed and Insured CGC1521540 PE# 60795 7111 Taft ST Hollywood, FL 33024 Tel: (786) 985-5952 Fax: (754) 816- 5911 www.psncontracting.com info(o)psncontractinq.com 10/21 /2022 MILLENNIUM ESTATES LLC ATTN: Egemen Toprak E-M AIL: eaementoprak87@gmail.com Re: Mcnab Commercial Plaza Facade Improvement We are pleased to submit our proposal for Mcnab Commercial Plaza located at 8005 W. Mcnab Road Tamarac, FL 33321. k' i' LUMP SUM $317,500.00 Three Hundred Seventeen Thousand and Five Hundred Dollars • Exterior Paint with Smooth Stucco Finish ................ $84,000 • Re -Paint Railings .............................................. $6,000 • Install Exterior Lighting Fixtures ........................... $12,500 • Photometric Study ................. .............. ...... $3,500 • Current Awning Restoration .................................... $14,500 • Replace Irrigation System .................................... $14,000 • Replace Dead Trees ............................................. $8,SUU • Landscaping...................................................... $10,500 • Monument Signage.............................................. $26,000 • Design Cost ...................................................... $14,000 • Shop Drawings ................................................... $12,500 • Tenant Signage................................................... $11,500 • Decorative Spanish Tiles ........................................ $6,000 • Buffer Wall Repair ................................................ $6,500 • Concrete Island Removal ......................................... $10,000 • Parking Lot Curbs ................................................. $44,500 • Walkway............................................................ $3,500 • Engineering........................................................ $4,000 • Survey............................................................... $2,500 • Island Expansions with Landscaping ........................... $13.000 • Permit and Inspection Fees ....................................... $10,000 3 � v L W c a d m m y Z c m c u T y G e o « E i i m a w o o Ll c MWX 3" a Se Y c m w E o a .o ry m C N z o v a 6 C O (OI V C C 9 w u m G W N a > o m Z H N o o a ? a V v v .a o � n •m L c o a v 10 ,—�', � o u •� w m r o a o a c c N a o 0 0 0 0 0 0 0 0 0 0 V O E rl M Q N Vi N N V� N N N N N N to �/1 Vf N N N a tz o ° of M O O O O O O O C O C O 00 O O M M T OOp O O 8 N M O N O N O pp O n n N W M pO O C N N 8 N N N - N N O N 00 V8` O O - N Vf N N Vf Vp1 O pN pN pN `VQ'� p pN U '^ � J jL x O N 41 N Z ca LL m H C N +� .0 L O O U bC0 N ci a,> LL d Q r �n bfl J o x w op > 1 u ° E o v o — F- LL o o� c C a w .@ > c v m 7 Z ° Y� N Q •y oA �n U) f0 UI C 3 C C V C >O U xCL U Y U > V C C C �..' ` 2 J QJ pCq T x W f0 Z OON Y Oci aJ ',on0 a Yco Nu E V li x W E (On K F N Wu GC .L Tco D �] OuC ) CCoq WVo. 7 N 0_ STANDARD CONDITIONS: 1. This proposal shall be incorporated into a mutually acceptable contract document. Payments will be made based upon this proposal if works starts before an executed Agreement. 2. PSN Contracting, LLC will hold the Owner, GC (General Contractor) and Architect/Engineer harmless, to the amount of the insurance provided, from claims caused by our negligence only. PSN Contracting, LLC assumes no responsibility for full or partial negligence of Owner, GC, Architect/Engineer, Subcontractors of others and any others, or Designs, Plans and Specifications of others. 3. PSN Contracting, LLC agrees to perform our work in compliance with the Construction Safety. If PSN Contracting, LLC discovers conditions that are potentially dangerous to its employees, but are the responsibility of others to correct, we will immediately advise the GC of the hazards. Failure by GC to eliminate the hazard will justify the withdrawal of our employees from the hazardous area until corrections are made and shall allow PSN Contracting, LLC to be reimbursed for all additional costs resulting from the delay. 4. PSN Contracting, LLC will provide General Liability, Worker's Compensation insurance, and any other insurance required for this project. 5. If PSN Contracting, LLC work is impacted by interruptions, obstructions, schedule acceleration, delays, or out of sequence work, beyond our reasonable control: A. PSN Contracting, LLC contract price will be increased to cover costs incurred (i.e., overtime or shift premium, decreased production rates, extended general conditions, etc.). B. PSN Contracting, LLC will not be responsible for damages, consequential damages, or liquidated damages. C. PSN Contracting, LLC schedule will be extended appropriately. 6. PSN Contracting, LLC will not perform extra work without written notice from an authorized agent of the GC. Extra work performed, based upon unit prices, must be complete before our base bid substantial completion date. 7. If PSN Contracting, LLC work is impacted by interruptions, obstructions, schedule acceleration, delays, or out of sequence work, beyond our reasonable control: 4 A. PSN Contracting, LLC contract price will be increased to cover costs incurred (i.e., overtime or shift premium, decreased production rates, extended general conditions, etc.). B. PSN Contracting, LLC will not be responsible for damages, consequential damages, or liquidated damages. C. PSN Contracting, LLC schedule will be extended appropriately. 8. PSN Contracting, LLC will not perform extra work without written notice from an authorized agent of the GC. Extra work performed, based upon unit prices, must be complete before our base bid substantial completion date. 9. Shop drawings for field & office use to be provided in a timely manner by GC. 10. Material to be placed by approved shop drawings only. 11. All inspections cost and fees covered by GC. 12. Traffic Control devices, flagmen and policemen, barricades, temporary walkways by others. 13. Restroom facilities to be provided by GC. 14. Temporary power or generator provided by GC. 15. Staging and pre -tying close to work area. 16. Trash and garbage disposal will be provided by others. 17. All necessary materials to be moved up close to the work area by GC 18. Employee parking should be provided by GC or Owner 19. Any heavy equipment, lifts or swing stage are also by GC (Excluding scissor lift for interior applications. 5 0 .a = � gI If e Y 4 I- '�dl z Instr# 114559944 , Page 1 of 2, Recorded 08/15/2017 at 08:30 AM Broward County Commission Deed Doc Stamps: $21000.00 Plaza Owner Information Prepared by: Abbie R. Salt, Esq. 710 NE 126 Street North Miami FL 33161 Tax Folio: 49-41-04-20-0050 WARRANTY DEED THIS WARRANTY DEED, made this 9th day of August, 2017, BETWEEN McNAB COMMERCIAL PLAZA, LLC a Florida Limited Liability Company whose post office address is 14340 Biscayne Blvd., North Miami Beach, FL 33181 Grantor` and MILLENNIUM ESTATES, LLC a Florida Limited Liability Company whose post office address is 19667 Turnberry Isles, Apt. 15A. Aventura, FL 33180 Grantee*; '(Whenever used herein the terns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trust and trustees) WITNESSETH that said grantor, for and in consideration of the sum of Ten and nol100 Dollars ($10.00), and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in BROWARD County, Florida, to wit: Lots 5,6 and 7, Block 34, McNAB COMMERCIAL SUBDIVISION NO. 2, according to the Plat thereof as recorded in Plat Book 73 at Page 28 of the Public Records of Broward County, Florida, less and except the Southerly 2 feet thereof, further less and except that portion of Lot 7 as contained in that certain order of taking recorded in Official Records Book 27341 at Page 983 of said Public Records. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the Grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple, that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2016. Instr# 114559944 , Page 2 of 2, End of Document In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. fitness 6G�`�. Witnes ae_,r� �� ;, , �� `� STATE OF FLORIDA COUNTY OF MIAMI-DADE McNab Commercial Plaza, LLC A FI invited Liab' y Company 1 ' by: eja n . Jaco i, MGR 14340 Biscayne Blvd., N. Miami Beach, FL 33181 The foregoing instrument was acknowledged before me on this 9th day of August, 2017 by Benjamin R. Jacobi, as Manager of McNAB COMMERICIAL PLAZA, LLC a Florida Limited Liability Company who produced Driver's License as identification and who �iid not take anoath. z&Z—Z =� NOTARY PUBLIC e�`�R • Puei r ABBIE R. SALT „ MY COMMISSION t FF 136428 EXPIRES: June 25, 2018 Eorv�oa BonCtdThNBuO�efNo��ryServke9 BROWARD COUNTY 2021 Paid Real Estate Folio: 185777 Notice of Ad Valorem Tax and Non -Ad Valorem Assessments Property ID Number Escrow Code Assessed Value Exemptions Taxable Value Millage Code 494104-20-0050 I I See Below I See Below I See Below I 3112 MILLENNIUM ESTATES LLC % HIRZEL DREYFUSS & DEMPSEY PLLC 2333 BRICKELL AVE STE A-1 MIAMI. FL 33129 8005 W MCNAB RD MG NAB COMMERCIAL SUB NO 2 73-28 B LOTS 5,6 & 7 BLK 34 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 3,410,660 0 3,410,660 18,804.33 VOTED DEBT 0.15560 3,410,660 0 3,410,660 530.70 BROWARD CO SCHOOL BOARD GENERAL FUND 4.81800 3,410,660 0 3,410,660 16,432.56 CAPITAL OUTLAY 1.50000 3,410,660 0 3,410,660 5,115.99 VOTER APPROVED DEBT LEVY 0.14410 3,410,660 0 3,410,660 491.48 SO FLORIDA WATER MANAGEMENT EVERGLADES C.P. 0.03650 3,410,660 0 3,410,660 124.49 OKEECHOBEE BASIN 0.11460 3,410,660 0 3,410,660 390.86 SFWMD DISTRICT 0.10610 3,410,660 0 3,410,660 361.87 NORTH BROWARD HOSPITAL 1.27700 3:410,660 0 3,410,660 4355.41 CHILDREN'S SVCS COUNCIL OF BC 0.46990 3,410,660 0 3,410,660 1:602.67 CITY OF TAMARAC TAMARAC OPERATING 7.20000 3,410,660 0 3,410,660 24,556.75 FL INLAND NAVIGATION 0.03200 3,410,660 0 3,410,660 109.14 Total Millage: 21.36720 Ad Valorem Taxes: $72,876.25 NON - AD VALOREM TAXES Levying Authority Rate Amount 31 TAMARAC FIRE 16,230.00 31 TAMARAC STORMWATER ASSMT @ 142.2700 8,046.79 Non - Ad Valorem Assessments: $24,276.79 $97,153.04 Combined Taxes and Assessments: If Postmarked By Nov 30, 2021 Please Pay $0.00 N rn �U C_1 N J co N w o E Co r— .3 cfl E o uc 0 0 N T �a M ----------------------------------------------------------------------------------------------------- BROWARD COUNTY 2021 Paid Real Estate Folio: 185777 Notice of Ad Valorem Tax and Non -Ad Valorem Assessments Paid 11/15/2021 Receipt# WWW-21-00056780 $93,266.92 Paid By Millennium Estates LLC Make checks payable to: BROWARD COUNTY TAX COLLECTOR Property ID Number GOVERNMENTAL CENTER ANNEX 494104-20-0050 115 S. ANDREWS AVENUE, ROOM # A100 FORT LAUDERDALE, FL 33301-1895 PAYMENTS MUST BE MADE IN US FUNDS AND DRAWN ON US BANK ACCOUNT MILLENNIUM ESTATES LLC % HIRZEL DREYFUSS & DEMPSEY PLLC 2333 BRICKELL AVE STE A-1 MIAMI, FL 33129 PAY YOUR TAXES ONLINE AT: h—A-M �nimfit_Tavac cnm If Postmarked By Please Pay Nov 30, 2021 $0.00 Please Pav Only One Amount m z G o 0 0 a a a a c c e 'C 'C x ry t- v 0 0 0 r_ m qlper; � y � g o R o 0 0� N p' .•� S � S 4 n n c y C w ar z a z o m x w N O N • v Ln O �1 Cl. aL+ m ri v r O @ V% 2 N N O aLD a y m n cr ho c o c O m Z "i C o o g U c'i i N N a y o = V1 pO H 00 N H ti G a c W E V J e a E V a N C m c o 4A e e.o r n W n