HomeMy WebLinkAboutR-2011-052 Downtown Dania Beach Development Change Order Road Extension RESOLUTION NO. 2011-052
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DANIA BEACH FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE A CHANGE ORDER TO THE DEVELOPMENT
AGREEMENT WITH DOWNTOWN DANIA BEACH
DEVELOPMENT, LLC; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 29, 2009, Downtown Dania Beach Development,
LLC ("Downtown"), the City of Dania Beach, Florida (the "City"), and the Dania Beach
Community Redevelopment Agency(the "CRA"), entered into that certain Development
Agreement ("Development Agreement") for development of the City Center Project (the
"Project"); and
WHEREAS, the parties now find it necessary to issues a change order to the
Development Agreement to change certain terms, and have negotiated a Change Order to
Development Agreement, a copy of which is attached as Exhibit "A" (the "Change
Order"); and
WHEREAS, the City Commission finds that approval of the Change Order is in
its best interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated into this
Resolution by this reference.
Section 2. The Change Order to the Development Agreement for the
development of the Project between the City,the CRA and Downtown together with such
non-material changes as may be acceptable to the City Manager and approved as to form
and legality by the City Attorney, is approved.
Section 3. The City Manager is authorized to execute the Change Order on
behalf of the City and to execute any required agreements or documents, to implement
the terms and conditions of the Change Order and to execute any extensions or
amendments to the Development Agreement, subject to the approvals as to form and
legality by the City Attorney.
Section 4. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on May 24, 2011.
ATTEST:
lie— 9�Ex�
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
�o�ARCYS FI�rC'rl-
0
APPROVED AS TO F RM CORRECTNESS: -- —
THOAW J. A1-4§EtRCV
CITY ATTORNEY
2 RESOLUTION#2011-052
Change Order—Three
To: City of Dania Beach City Commission
Dania Beach Community Redevelopment Agency
Project: Dania Beach City Center Redevelopment
Developer: Downtown Dania Beach Development LLC
Date: May 23, 2011
The Change Order will authorize the following change to the Agreement:
The Work as set for the in the Agreement is amended to include the items set forth on
Exhibit "A" attached to this Change Order and by this reference made a part of this
Change Order.
This Change Order constitutes a full, final and complete compensation to the Developer
for all costs, expenses, overhead, and profit, and any damages of every kind that the
developer may incur in connection with the above reference changes in the Work, and
any other effective on the any of Work under this Agreement. The Developer
acknowledges and agrees that (a) the Guaranteed Maximum Price of$6,843,000.00 under
the agreement, as amended by Change Order One ($143,000.00); Change Order Two
($700,000.00) will be changed by this Change Order Three in the additional amount of
$700,000.00, and (b) the schedule for performance of Work will be changed by this
Change Order Two as described in Exhibit "A". Developer expressly waives any claims
for any additional compensation, damages or time extensions in connection with the
above-referenced changes. Except as expressly modified in this Change Order, all terms
of the Agreement shall remain in full force and effect and shall cover the performance of,
and payment for, any work authorized under this Change Order. Any defined terms not
defined in this Change Order shall have the meanings set forth in the Agreement.
The execution and completion of this Change Order Three will not prohibit Developer
from requesting release of the Construction Bond provided pursuant to the Agreement
upon completion of the Parking Structure contemplated by the original Agreement.
Developer will provide a separate construction bond equal in value to the value of this
Change Order Three.
By signing below the parties indicated acceptance of this Change Order as set forth
herein.
3 RESOLUTION#2011-052
DOWNTOWN DANIA BEACH CITY OF DANIA BEACH
DEVELOPMENT,LLC, a Florida municipal corporation
a Florida limited liability company
By: By:
Robert Baldwin, City Manager
Name:
Title:
DANIA BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Attest: Patricia A. Flury, Chairman
Louise Stilson, CMC, City Clerk
4 RESOLUTION#2011-052
S Coastal
Dania Beach Roadway Extension
Dania Beach, Florida
May 23,2011
Schematic Estimate
Sitework $f SF
Item Description gross Sf''
50,873 15,480
SITEWORK
Demolition 5000 0.33
Earthwork 28,124 1.82
Dewatering 10,000 0.65
Storm Drainage 51,929 3.35
Landscaping 49,032 3.17
Brick Pavers 93,364' 6.03
Bituminous Paving 61,666 3,99
Site Concrete 28,421 1.84
Site Amenities 4 ,239 166
Fountain 150,000 9.s9
Site Lighting 45,000 2.91
SUBTOTAL SITE WORK(Hard Costs) 501873 18.21
General Conditions 4!,110 2.91
General Liability Insurance Program 5,639 0.36
SUBTOTAL 614,622 21.49
Overhead&Fee 30,731 1.99
SUBTOTAL 645,353
Payment&Perform Bond 047 0.30
Warrantee&Quality Assurance TBt3
Subcontractor Bonds to Trades
Construction Contingency s01000 3.23`
TOTAL PROJECT $700,000
Page 1 of 1
5 RESOLUTION#2011-052
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RESOLUTION#2011-052