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
TAMARAC
The City For Your Life
Egemen Toprak
Owner
Millennium Estates, LLC
8059 W McNab Rd.
Tamarac, FL 33321
Levent Sucuoglu
City Manager
March 25, 2024
SENT VIA EMAIL:
egementoprak87@gmail.com
RE: Termination of City of Tamarac Grant Agreement with Millennium Estates, LLC
(Resolution No. R-2022-136)
Dear Mr. Toprak:
In recent conversations with you, City staff has been advised that the Minor Site Plan and
permit approvals have not been issued for your plaza renovation project approved on
December 23, 2022, which means that the pending deadline (that had been extended once
already in the First Amendment to Grant Agreement issued on September 30, 2023) will not be
met for starting construction.
As such, by way of this letter, the City of Tamarac hereby exercises its right to terminate the
Grant Agreement with Millennium Estates, LLC, for failure to comply with the terms stipulated
for project commencement date. See section 9.3 of the Agreement. The termination is
effective immediately.
Please note that City staff intends to soon seek City Commission reauthorization for a revamped
Developer Incentives Program for plaza owners. If the program is approved, we encourage you
to reapply as retail plaza revitalization is one of the City's primary economic development goals.
Thank you for your attention to this matter. Please govern yourself accordingly.
Sincerely,
�1
event Sucuoglu
ity Manager
C: Kimberly Dillon, City Clerk