R17-121 1 RESOLUTION NO. R17- 121
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZE THE MAYOR TO SIGN A
5 SECOND AMENDMENT TO THE TOWN SQUARE
6 REDEVELOPMENT PHASE I SERVICES AGREEMENT
7 WITH E2L REAL ESTATE SOLUTIONS, LLC OF
8 WINTER PARK; AND PROVIDING AN EFFECTIVE
9 DATE.
10
11 WHEREAS, on June 29, 2017, the City and Company entered into the Town Square
12 Redevelopment Phase 1 Services Agreement ("Agreement") whereby Company was engaged to
13 provide certain Phase 1 Services as defined in the Agreement with respect to the City's Town
14 Square Development(the"Development"); and
15 WHEREAS, construction has begun on the old high school building to re-purpose the
16 building as a Cultural Center to house City programming; and
17 WHEREAS, due to scope changes on the remaining project the building construction
18 funded in the original contract will end and the contraction must demobilize from the site
19 therefore in order to continue the construction on this building, an additional $1,500,000 is
20 needed to finish the exterior of the building including structural framing, gym roof, flat roof,
21 exterior seal and paint and windows; and
22 WHEREAS, this work will completely dry-in the building and make it ready for
23 completing the interior for full use by the City.
24 WHEREAS,upon recommendation of staff, the City Commission has determined that
25 it is in the best interests of the residents of the City to authorize the Mayor to sign a Second
26 Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real
27 Estate Solutions, LLC.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 Section 2: The City Commission of the City of Boynton Beach, Florida does
34 hereby authorize the Mayor to sign a Second Amendment to the Town Square Redevelopment
35 Phase I Services Agreement with E2L Real Estate Solutions, LLC, a copy of the Second
36 Amendment is attached hereto as Exhibit"A".
37 Section 3. This Resolution shall become effective immediately upon its passage.
38
39 PASSED AND ADOPTED this 6-44 day of tem? , 2017.
40 CITY OF BOYNTON BEACH, FLORIDA
41 YES NO
42
43 Mayor—Steven B. Grant
44
45 Vice Mayor—Justin Katz
46
47 Commissioner—Mack McCray
48
49 Commissioner—Christina L. Romelus i
50
51, Commissioner—Joe Casello
52
53 VOTE
54.
55 ATTEST:
56
5 ,
5: Jud' 1A. Pyle, CM
5• Ci , Clerk
61 (Corporate Seal)
Fy c
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SECOND AMENDMENT TO THE TOWN SQUARE REDEVELOPMENT PHASE 1
SERVICES AGREEMENT
THIS SECOND AMENDMENT,dated the day of December,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,on August 21,2017,the City and the Company entered into a 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 storm water infrastructure associated with the Development ("Utility Infrastructure") in
accordance with the terms set forth therein.
WHEREAS,the City and the Company desire to enter into this Second Amendment to the
Agreement in order to increase the High School Stabilization Fee and to extend the Termination for
Convenience deadline.
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 High School Stabilization Fee as defined in section 3.3 B of the
Agreement is hereby increased by One Million Five Hundred Thousand and 00/100 Dollars
($1,500,000.00)to a total amount not to exceed Three Million and 00/100 Dollars($3,000,000.00).
SECTION 3. That the date of termination described in Article X Sections 10.1, 10.2 and
10.3, is hereby extended to February 21,2018.
{00206209.1 306-99052631
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IN WITNESS WHEREOF,the City has caused this Second Amendment to be duly executed
in its name and behalf and the Company has caused this Second Amendment to be duly
executed in its name and behalf on the dates set forth below. In the event of any
inconsistencies between this Second Amendment,the First Amendment and the Agreement,
the provisions contained in this Second Amendment shall prevail. In all other respects, the
terms and provisions of the Agreement are ratified and confirmed.
CITY OF BOYNTON BEACH,FLORIDA
BY: ,.. ?e/5-.1C ---
STEVEN B.GRANT,MAYOR
ATTEST:
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BY: Date: /02-//.2— .2017
yle, CMC
erk
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APPROVED • TO FORM
AND • SUFFICIENCY
1,AlLaiii
James A. Chero -
City Attorney
(00206209.1 106-990520)
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