R17-0781
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RESOLUTION NO. R17 -078
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZE THE MAYOR TO SIGN A FIRST
AMENDMENT TO THE TOWN SQUARE
REDEVELOPMENT PHASE I SERVICES AGREEMENT
WITH E2L REAL ESTATE SOLUTIONS, LLC OF
WINTER PARK; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on June 29, 2017, the City and Company entered into the Town Square
Redevelopment Phase 1 Services Agreement ( "Agreement ") whereby Company was engaged to
provide certain Phase 1 Services as defined in the Agreement with respect to the City's Town
Square Development (the "Development "); and
WHEREAS, the City and the Company desire to enter into this First Amendment to the
Agreement in order to provide for the Company to provide additional Phase 1 Services related to
the inclusion of a District Energy Plant (the `'Energy Plant "), and design services for water,
sewer, reuse, and stormwater infrastructure associated with the Development ( "Utility
Infrastructure ") in accordance with the terms set forth herein.
WHEREAS, upon recommendation of staff, the City Commission has determined that
it is in the best interests of the residents of the City to authorize the Mayor to sign a First
Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real
Estate Solutions, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
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Section 2: The City Commission of the City of Boynton Beach, Florida does
hereby authorize the Mayor to sign a First Amendment to the Town Square Redevelopment
I Phase I Services Agreement with E2L Real Estate Solutions, LLC, a copy of the First
1 Amendment is attached hereto as Exhibit "A ".
Section 3. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED this day of , 201T
CITY OF BOYN T ON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner -- Mack McCray
Commissioner— Christina L. Romelus
Commissioner — Joe Casello V
VOTE 44
AT EST:
J A' ith A. Pyle, CM,
p ity Clerk
(Corporate Seal)
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FIRST AMENDMENT TO THE TOWN SQUARE REDEVELOPMENT PHASE 1
SERVICES AGREEMENT
THIS FIRST AMENDMENT, dated the, day of a , 2017, between:
CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of
business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33495,
hereinafter referred to as "City ";
and
E2L REAL ESTATE SOLUTIONS, LLC, a Florida limited liability company, with
its principal place of business at 1400 W. Fairbanks Ave., Suite 201, Winter Park,
Florida 32789, hereinafter referred to as "Company"
WITNESSETH:
WHEREAS, on June 29, 2017, the City and Company entered into the Town Square
Redevelopment Phase 1 Services Agreement ( "Agreement ") whereby Company was engaged to
provide certain Phase 1 Services as defined in the Agreement with respect to the City's "Town Square
Development (the "Development "); and
WHEREAS, the City and the Company desire to enter into this First Amendment to the
Agreement in order to provide for the Company to provide additional Phase 1 Services related to the
inclusion of a District Energy Plant (the "Energy Plant "), and design services for water, sewer, reuse,
and stormwater infrastructure associated with the Development ( "Utility Infrastructure ") in
accordance with the terms set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and other good and
valuable consideration, the Parties hereto agree as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
SECTION 2. That the tenn "Municipal Improvements" as provided for in the Agreement
shall be amended to include the District Energy Plant and the water, sewer, reuse, and stormwater
infrastructure associated with the Development.
SECTION 3. That Section 3.2, "Phased Development Services, of Article III, "Scope of
Phase 1 Services" is hereby amended to add Paragraphs 3.2.B(vii) and (viii), which shall state the
following:
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B. Preliminary Planning and Programming of Phase 1 Services. As a part
of the Phase 1 Services, Company agrees to hold workshop sessions with the
representatives of the City not less frequently than the times set forth in the
Pre - Development Schedule attached hereto as Exhibit "B ". The Pre -
Development Schedule also sets forth the target dates for the other Phase 1
Services. The City agrees to meet with the Company (or, at the Company's
direction, the respective members of the Development Team) and to cooperate
and assist in the planning and programming of the Development. As part of
the Preliminary Planning and Programming Services, the Company shall
coordinate or assist with the following:
(vii) Development of plans for the District Energy Plant
(viii) Development of plans for water, sewer, reuse, and stormwater
infrastructure associated with the Development.
SECTION 4. That Section 3.3, "Fees; Payment of Expenses ", of Article III, "Scope of Phase
1 Services" is hereby amended to add Paragraphs 3.3.E and 3.3F, which shall state the following:
E. District Energy Plant Fee. E21, Real Estate Solutions, LLC will
perform the District Energy Plant Design Services, for a not to exceed amount
of Three Hundred Seven Thousand and 001100 Dollars ($307,000.00) (the
"District Energy Plant Fee "). The District Energy Plant Fee will be full
compensation for all District Energy Plant Design Services performed by E21,
pursuant to this Agreement. The District Energy Plant Fee will be earned and
payable, including any third party expenses incurred by EM for the benefit of
the Development, in accordance with the Detailed Fee Schedule for District
Energy Plant Services included in Exhibit "C ", which is attached hereto and
incorporated herein by reference. The City will issue payment directly to E2L
for work performed for the District Energy Plant Design Services.
F. Water, Sewer, Reused Water, and Stormwater Infrastructure Fee.
Haskell will perform the Water, Sewer, Reused Water, and Stormwater
Infrastructure Design Services ( "Utility Infrastructure Design Services "), for
a not to exceed amount of Sixty -nine Thousandand 00/100 Dollars
($69,000.00) (the "Utility Infrastructure Fee "). The Utility Infrastructure Fee
will be full compensation for all Utility Infrastructure Design Services
performed by Haskell pursuant to this Agreement. The Utility Infrastructure
Fee will be earned and payable, including any third party expenses incurred
by Haskell for the benefit of the Development, in accordance with the Detailed
Fee Schedule for Utility Infrastructure Design Services included in Exhibit
"C ", which is attached hereto and incorporated herein by reference. The City
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Page 2 of 5
will issue payment directly to EM for work performed for the Utility
Infrastructure Design Services.
SECTION 5. That the Pre - Development Schedule, which is attached to the Agreement as
Exhibit "B ", is hereby amended to include the District Energy Plant and the water, sewer, reuse, and
stormwater infrastructure improvements to be provided by Company. A copy of the amended Exhibit
"B" to the Agreement is attached to this Amendment, and incorporated herein by reference.
SECTION 6. That the Detailed Fee Schedule for Phase 1 Services which is attached to the
Agreement as Exhibit "C ", is hereby amended to include the District Energy Plant and the water,
sewer, reuse, and stormwater infrastructure improvements to be provided by Company. A copy of the
amended Exhibit "C" to the Agreement is attached to this Amendment, and incorporated herein by
reference.
SECTION 7. The Parties agree that in all other respects the Agreement shall remain in full
force and effect, except as specifically modified by this First Amendment. In the event of any conflict
between the Agreement and this First Amendment, the terms of this First Amendment shall control.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
� 001955 M 2 306-9905263)
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IN WITNESS WHEREOF, the City has caused this First Amendment to be duly executed in its
name and behalf and the Company has caused this First Amendment to be duly executed in its
name and behalf on the dates set forth below.
CITY OF BOYNTON BEACH, FLORIDA
BY:
STEVEN B. GRANT, MAYOR
ATTEST:
City Attorney
(00195519.2306- 9905263}
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Date: 1000
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