HomeMy WebLinkAbout20111213 City Commisssion Meeting Addendum ADDENDUM
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, DECEMBER 13, 2011 - 7:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION
CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA
BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS,WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE
ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN
ORDER NOT TO INTERRUPT THE MEETING.
7. CONSENT AGENDA
7.11 RESOLUTION NO. 2011-157
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, RESCINDING THE TERMINATION OF THE DOWNTOWN DANIA BEACH
DEVELOPMENT, LLC DEVELOPMENT AGREEMENT, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT WITH DOWNTOWN DANIA BEACH DEVELOPMENT, LLC; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 2011-157
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RESCINDING THE TERMINATION OF THE
DOWNTOWN DANIA BEACH DEVELOPMENT, LLC DEVELOPMENT
AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT
WITH DOWNTOWN DANIA BEACH DEVELOPMENT, LLC; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 24, 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 a Development Agreement (the
"Development Agreement") for the development of the City Center Project (the"Project"); and
WHEREAS, on February 10, 2011, Downtown, the City and the CRA entered into a
First Amendment to Development Agreement ("First Amendment"); and
WHEREAS, the CRA and the City terminated the Development Agreement, pursuant to
its terms effective November 23, 2011; and
WHEREAS, the CRA and the City now desire to rescind the termination of the First
Amendment to the Development Agreement, and the CRA, the City and the Developer desire to
reinstate the Development Agreement,pursuant to certain terms and conditions agreed upon; and
WHEREAS, the parties now find it necessary to further amend the Development
Agreement to change certain terms, and, therefore, have negotiated a Second Amendment to
Development Agreement, a copy of which is attached as Exhibit "A" (the "Second
Amendment"), and it is made a part of and incorporated into this Resolution by this reference;
and
WHEREAS, the City Commission finds that the rescission of the termination of the First
Amendment to the Development Agreement, reinstatement of it, and the approval of the Second
Amendment are in the City's 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 they are incorporated into this
Resolution by this reference.
Section 2. Effective upon the full execution and delivery of the Second Amendment
to the Development Agreement by each of the parties, the termination of the First Amendment of
the Development Agreement, as further modified by the terms and conditions of the Second
Amendment, shall be rescinded.
Section 3. Effective upon the full execution and delivery of the Second Amendment
by each of the parties, the First Amendment to the Development Agreement, as further modified
by the terms and conditions of the Second Amendment, shall be reinstated.
Section 4. The Second Amendment 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 5. The City Manager and City Attorney are authorized to make minor
revisions to the terms of any such agreements or documents as are deemed necessary and proper
for the best interests of the City. The City officials are authorized to execute the Second
Amendment to the Development Agreement.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on December 13, 2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2011-157
SECOND AMENDMENT
TO
DEVELOPMENT AGREEMENT
THIS AGREEMENT (hereinafter referred to as this "Second Amendment") dated as of
December , 2011, is entered into by and among the DANIA BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public body corporate and politic created pursuant to Part
III of Chapter 163, Florida Statutes, having an address at 100 West Dania Beach Boulevard,
Dania Beach , Florida 33004 (the"CRA"), the CITY OF DANIA BEACH, FLORIDA, a
Florida municipal corporation, having an address at 100 West Dania Beach Boulevard, Dania
Beach, Florida 33004 (the "City"), and DOWNTOWN DANIA BEACH DEVELOPMENT,
LLC, a Florida limited liability company, having an address at 3001 W. Hallandale Beach
Boulevard,Hallandale Beach,Florida 33009("Developer").
RECITALS
A. The CRA, the City and the Developer entered into that certain Development
Agreement dated as of November 24, 2009 (the "Original Development Agreement").
B. The CRA, the City and the Developer amended the Original Development
Agreement through the First Amendment to Development Agreement dated as of February 10,
2011 ("First Amendment' and together with the Original Development Agreement, the
"Development Agreement") to provide for the development of the Entry Roadway Property.
C. The CRA and the City terminated the Development Agreement pursuant to its
terms effective November 23, 2011.
D. The CRA and the City now desire to rescind the termination and the CRA, the
City and the Developer desire to reinstate the Development Agreement pursuant to the terms and
conditions of this Second Amendment.
E. As contemplated in the First Amendment, Broward County, Florida, has agreed to
provide $700,000.00 for the development of the Entry Roadway Property and the Developer has
agreed to construct the Entry Roadway commencing no later than March 15, 2012 and
completing the Entry Roadway by August 1, 2012.
F. The Developer has completed the construction of the Garage pursuant to the terms
and conditions of the Development Agreement. However, the Developer has been unable to
obtain the necessary financing to develop or construct the "Future Intended Improvements" (i.e.,
City Hall, a residential building, an office building, etc.) as further specified in the Development
Agreement.
G. The CRA, the City and the Developer desire to terminate and release each other
from the contractual obligations contained with in the Development Agreement, if any, with
regard to the development of the Future Intended Improvements, with the sole exception of the
3 RESOLUTION#2011-157
obligations relating to the construction of the Entry Roadway as contained in this Second
Amendment.
NOW THEREFORE in consideration of the mutual covenants described above and the
agreements contained below, and for other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties agree as follows:
1. The above recitals are true and correct and are incorporated herein as if set forth in full.
2. Effective upon the full execution (the "Effective Date") and delivery of this Second
Amendment by each of the parties herein, the CRA, the City and the Developer do hereby agree
to reinstate the Development Agreement as further modified by the terms and conditions of this
Second Amendment.
3. All defined terms in this Second Amendment shall have the same meaning as in the
Development Agreement, except as otherwise noted.
4. Section 1.9 of the First Amendment to Development Agreement is hereby deleted in its
entirety and the following is hereby inserted in its place and stead:
1.9 Entry Roadway. Developer is the owner of fee simple title to the real
property described on Exhibit "8" attached to the First Amendment (the "Entry Roadway
Property") and will convey the Entry Roadway Property to the City free and clear of all
liens and encumbrances pursuant to a right of way deed in substantially the form attached
hereto as Exhibit "A" (the "Right of Way Deed") on or before January 1 2012 The
design and construction of the roadway entrance feature described in Exhibit"9" attached
to the Development Agreement as the entry roadway plans (the "Entry Roadway Plans")
shall be completed by the Developer at the sole cost and expense of the CRA which
funds shall be reimbursed to the CRA/City from Broward County Florida (the
"County"). The cost for the completion of such Work shall not exceed the amount of
$700,000.00 to be reimbursed to the CRA/City y the County pursuant to the Seventh
Amendment to Dania Beach Interlocal Agreement dated as of March 1 2011
1.9.1 The Developer shall design and construct the Entry Roadway as more
particularly described in the Entry Roadway Plans. Construction of the Entry Roadway
shall commence no later than March 15 2012 and be completed by August 1 2012
1.9.2 The CRA shall pay the Developer for the Developer's performance of its
obligations to dedicate the Property to the City, design and construct the Entry Roadway
(pursuant to the payment procedures set forth within the Development Agreement as
amended) a guaranteed maximum price not to exceed Seven Hundred Thousand and
00/100 Dollars ($700,000.00) (the "GMP"). The GMP shall include the Contract Sum
for the Design Services and the Construction Work for the Entry Roadway as set forth in
Change Order—Three, dated May 23 2011 attached hereto as Exhibit`B"
4 RESOLUTION#2011-157
5. The following Sections of the Development Agreement are hereby deleted in their
entirety:
a) Section 1.7, entitled"Hotel'.
b) Section 1.8, entitled"Ground Lease of Phase 1 Leased Property; Office
Building".
c) Section 1.10, entitled"Completion Payment".
d) Section 1.11, entitled"Further Development".
e) Section 1.12, entitled"Right of Way Improvements".
6. The City and the CRA intend to issue a Request for Qualifications ("RFQ") to seek an
experienced master developer to develop, inter alia, the Future Intended Improvements. The
Developer owns other real property that the Developer intended to be developed as a hotel
("Hotel Property"). The City and the CRA agree to include a statement in the RFQ that the
Developer, as the owner of the Hotel Property, has offered to sell the Hotel Property for
$1,865,000.00 to a successful proposer for its development within the Dania Beach City Center,
and that the proposers may, but are not required to, include the Hotel Property as a part of their
proposal, subject to acquiring the Hotel Property from the Developer. If the successful proposal
includes the Hotel Property, then the City and the CRA acknowledge that automobile parking
will be available in the adjacent parking garage to reasonably accommodate the previously
proposed and approved hotel use and site plan. If the successful proposal does not include the
Hotel Property, then the Developer shall not have the right to apply any of the parking spaces
located in the parking garage toward its parking requirements with respect to the Hotel Property,
but in that event, the City and the CRA agree that they will work cooperatively with the
Developer to satisfy the parking requirements to accommodate City zoning regulations and a
City/CRA approved use and site development plan for the Hotel Property.
7. This Second Amendment may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
8. Except as amended and modified by this Second Amendment, all of the terms, covenants,
conditions, and agreements of the Development Agreement and the First Amendment shall
remain in full force and effect. In the event of any conflict between the provisions of the
Development Agreement, the First Amendment and the provisions of this Second Amendment,
this Second Amendment shall control.
IN WITNESS WHEREOF, this Second Amendment is executed as of the date first above
set forth:
5 RESOLUTION#2011-157
DEVELOPER
DOWNTOWN DANIA BEACH DEVELOPMENT LLC,
a Florida limited liability company
By:
Name:
Title:
Address:
Dated: December ,2011
6 RESOLUTION#2011-157
CITY:
CITY OF DANIA BEACH,
a Florida municipal corporation
By:
Robert Baldwin, City Manager
Dated: December ,2011
ATTEST:
By:
Louise Stilson, CMC, City Clerk
Approved as to form and legal sufficiency:
By:
Thomas J. Ansbro, City Attorney
CRA:
DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY
By:
Patricia A. Flury, Chairperson
Dated: December , 2011
ATTEST:
By:
Louise Stilson,CMC,CRA Secretary
By:
Thomas J. Ansbro, City Attorney
7 RESOLUTION#2011-157
EXHIBIT "A"
THE PROPERTY
INCLUDING
LEGAL DESCRIPTION
AND
RIGHT OF WAY DEED
8 RESOLUTION#2011-157
This Instrument Prepared by
and after recording return to:
Grantee's Tax Payer's Identification No.
RIGHT OF WAY DEED TO CITY OF DANIA BEACH, FLORIDA
CONVEYS THE TITLE FOR PUBLIC ROADWAY PURPOSES
THIS INDENTURE, made this day of , 20 , by and between
DOWNTOWN DANIA BEACH DEVELOPMENT, LLC, a Florida limited liability company,
having its principal address at 3001 West Hallandale Beach Blvd., Suite 300, Pembroke Park,
Florida 33309 in said State, party of the first part, and the CITY OF DANIA BEACH,
FLORIDA, a Florida municipal corporation, 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004, the County of Broward, in the State of Florida, party of the second part.
WITNESSETH:
That the said party of the first part, for and in consideration of the sum of One Dollar
to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, and
for other and further good and valuable considerations, does hereby grant, bargain and sell to
the parry of the second part, and its successors in interest, for the purpose of a public roadway
and purposes incidental thereto, the following described land, situate, lying and being in the
County of Broward, State of Florida, to-wit:
See Exhibit "A" attached hereto and by this reference made a part hereof.
It is the intention of the party of the first part by this instrument to convey to the said
party of the second part, and its successors in interest, the land above described for use as a
public roadway and for all purposes incidental thereto.
And the said party of the first part will defend the title to said land against the lawful
claims of all persons whomever, claiming by, through or under it.
IN WITNESS WHEREOF, the said party of the first part, has executed this
instrument the day and year first above written.
1
Signed, Sealed, Attested
And delivered in our presence:
Witnesses
DOWNTOWN DANIA BEACH
DEVELOPMENT LLC,
Print Name: a Florida limited liability company
Print Name: By:
Name:
Title:
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of ,
201 , by , as , of Downtown
Dania Beach Development, LLC, on behalf of such limited liability company. He is
personally known or has produced as identification.
NOTARY PUBLIC-State of Florida
Print Name:
Commission No.:
Commission Expires:
2
COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER : 6290-09
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT
CERTIFICATE OF AUTHORIZATION : LB # 6448 GREENHILL DEVELOPMENT
PHONE (954) 680-9885 FAX (954) 680-0213 COMPANY
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
ALL OF LOT 10 AND A PORTION OF LOTS 9, 11 AND 12, BLACK 22 OF "MAP OF THE TOWN OF
MODELO% NOW DANIA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B AT
PAGE 49, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 10,
THENCE NORTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOTS 9 AND 10, A DISTANCE
OF 202.00 FEET;
THENCE SOUTH 00'O1'00" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTH FEDERAL
HIGHWAY, A DISTANCE OF 55.68 FEET TO A NON TANGENT CURVE CONCAVE SOUTHWESTERLY (A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 3WIS'14' WEST);
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 19.33 FEET, A
CENTRAL ANGLE OF 35'18'14" AND AN ARC DISTANCE OF 11.91 FEET;
THENCE SOUTH 90'00'00" WEST, A DISTANCE OF 176.49 FEET TO A POINT ON A TANGENT
CURVE CONCAVE SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 19.33 FEET, A
CENTRAL ANGLE OF 47'52'52" AND AN ARC DISTANCE OF 16.15 FEET;
THENCE NORTH 00'01'00" WEST ALONG THE WEST LINE OF SAID LOTS 10 AND 11, AND ALONG
THE EAST RIGHT OF WAY LINE OF (COPENHAGEN AVENUE) S.W. FIRST AVENUE, A DISTANCE OF
58.50 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY,
FLORIDA, CONTAINING 10,571 SQUARE FEET, (0.2427 ACRE) MORE OR LESS.
LEGEND:
CKO CHECKED BY R RADIUS
OWN DRAWN BY A ARC DISTANCE
FB/PG FIELD BOOK AND PAGE d CENTRAL ANGLE
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.B. PLAT BOOK
B.C.R. BROWARD COUNTY RECORDS
D.C.R. DADE COUNTY RECORDS
1 HEREBY CERTIFY THAT THE ATTACHED"LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL.RAISED SEAT.OF PREPARED UNDER MY DIRECTION IN AUGUST, 2009. 1 FURTHER CERTIFY
A FLORIDA LICENSED SURVEYOR AND MAPPER. THAT THIS'LAND DESCRIPTION AND SKETCH' MEETS THE MINIMUM
TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA
2 LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, ACCORDING TO CHAPTER GIG17 OF THE FLORIDA ADMINISTRATIVE CODE.
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. PURSUANT TO SECTION 472027. FLORIDA STATUTES. SUBJECT TO THE
3. DATA SHOWN HEREON DOES NOT CONSTITUTEQUALIFICATIONS NOTED HEREON.A FIELD SURVEY AS SUCH. �T
FOR THE FIRM. BY-4. THE LAUD DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. , .r ���-
--__ �_______________
S. BEARINGS SHOWN HEREON ARE ASSUMED.THE NORTH LINE OF BLOCK 22, RICHARD E.COUSINS _
"MAP OF TOWN OF MODELO', P.B.9, PG. 21.D.C.R.BEARS EAST. PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4198
REVISIONS DATE FB PG DWN CKD
LAND oEscalPnon t SKETT31 08/13/09 -- AV REC LAND DESCRIPTION (PROPERTY ADDRESS
DANIA BEACH CITY CENTER
& SKETCH
FOR INGRESS / SCALE: N/A
EGRESS
SHEET I OF 2
COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER : 6290-09
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT
CERTIFICATE OF AUTHORIZATION : LB f 6448 GREENHILL DEVELOPMENT
PHONE (954) 680-9885 FAX 954) 680-0213 COMPANY
LAND DESCRIPTION AND SKETCH
_ IC PENHAGEN AVENUE_ PLAT _
S.W. FIRST AVENUE
EAST RIGHT-OF-WAY ME N 00'01'00" W 58.50'
WEST UNE-LOT 14 WEST LINE-LOT 11 WEST -NE-LOT 10 UNE-LOT 7
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EAST UNE-LOT 13 EAST UNE-LOT 12$ EAST UNE-LOT 9 $ NE-LOT 8
w S 00'01'00" E
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'Ne c 55.68' u $
SOUTH FEDERAL HIGHWAY
CHICAGO AVENUE (PLAT)
REVISIONS DATE FB PG DWN CKD PROPERTY ADDRESS
UND mcm"m a swco 08/13/09 ---- AV REC LAND DESCRIPTION DANIA BEACH Cr Y CENTER
& SKETCH
FOR INGRESS / SCALE: 1"= 30'
EGRESS
SHEET 2 OF 2
EXHIBIT "B"
CHANGE ORDER-THREE,
DATED MAY 23, 2011
9 RESOLUTION#2011-157
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.
cl.,�6r-- okovt �-T kr--E
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-
LOUISE STILSON,CMC PATRICIA A.FLURY
CITY CLERK MAYOR
• o��Rp'5 FIST
APPROVED AS TO F RM CORRECTNESS:
THO J. S R
CITY ATTORNEY
2 RESOLUTION#2011-052 j
r
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
0
acknowledges and agrees that(a)the Guaranteed Maximum Price of$6,843,0 0.00 under
the agreement, as amended by Change Order One ($143,000.00); Change Order Two
0 0.00 will be changed b this Change Order Three in the additional amount of
($700, 0 ) g y g
$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 RESOLT MON#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
M COaStal
Dania Beach Roadway Extension
Dania Beach, Florida
May 23,2011
�.ti�ti.. 's`7 .y' . ;,...: t4 ,yam;•, *sne,•: •4is;:781E8.1VA1'If•' ��� '
�• , ,:.'. so-:•.. b•
`3; I ettii erRiloD' •..•..•. '�" :;, ....;1'43roas"Sf
rr. 15480
SITEWORK
Demolition
Earthwork 28rL�4 .' 142
Dewatering :k, ulii'o 0.0s
Storm Drainage sis2s, 349.
Landscaping :49.dig, 3 r
Brick Pavers �0;36w.' 4.02•
Bituminous Paving t 1,6>3 •,: 3.ee.
Site Concrete "' 2�421• .. a�a
Site Amenities a; g, sbs
Fountain isq,;go e:et~
Site Lighting „�''d5*, 2.94iq
SUBTOTAL SITE WORK(Hard Costs) :• ;�+•,:r' "15 2};
General Conditions
General Uabiiity insurance Program
SUBTOTAL 71.49
Overhead&Fee
SUBTOTAL
Payment&Perform Bond ��YA' :e.4.T`...•.. ,ono
Warrantee&QualityAssurance :. •:rtri T8� a
Subcontractor Bonds
Construction Contingency sx, .. •�ooao: ';' a z`
TOTALPROJECT �,?... 90; 0" •'• 7,tio1?
•�: .F• iA�f..
Page 1 of 1
5 RESOLUTION#2011=052
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