268-97 RDA Incomplete
RESOLUTION NO.
268-97
A RESOLUTION OF THE CHAIRMAN AND .ME:MBERS OF THE :MIAMI
BEACH REDEVELOPMENT AGENCY (THE "AGENCY") AUTHORIZING
THE CHAIRMAN AND SECRETARY TO EXECUTE THE AMENDMENT,
ATTACHED HERETO AND INCORPORATED HEREIN, TO THAT CERTAIN
GARAGE DEVELOPMENT AGREEMENT, DATED SEPTEMBER 20, 1996,
BETWEEN THE AGENCY AND ST. MORITZ HOTEL CORPORATION, AN
ENTITY AFFU.lATED WITH LOEWS HOTELS HOLDING CORPORATION,
TO SUBSTITUTE A LUMP SUM CONTRACT FOR A GUARANTEED
M.AXIJ\fiJM PRICE (GM:P) CONTR-\CT FOR THE CONSTRUCTION OF THE
16TH STREET PUBLIC PARKING GARAGE.
WHEREAS, the Miami Beach Redevelopment Agency (the <<Agency") and St.
Moritz Hotel Corporation ("SMIlC'), an entity affiliated with Loews Hotels Holding
Corporation, entered into that certain. Garage Development Agreement (the
'"Agreement"), dated September 20, 1996, pursuant to "IiY-mch SMHC agreed to, among
other things, develop the 16th Street public parking garage (the "Garage"') for the Agency;
and
WHEREAS, the Agreement provides, among other things, that the agreement to
be entered into with a general. contractor for the construction of the Garage is to be a
guaranteed ma..ximum price contract; and
WHEREAS, due to the fact that the drawings for the Garage are 100% complete,
the Agency's construction consultant, Tisbman Hotel Corporation, has recommended that
the construction contract be a hrrnp sum. contract and not a guaranteed maximum price
contract; and
WHEREAS, an amendment to the Agreement is attached hereto and incorporated
herein, which reflects the change in the type of construction contract described above; and
WHEREAS. SMHC bas no objection to the amendment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN
AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY as
follows:
1. The Cnairm:m and Secretary are authorized to execute the amendment,
attached hereto and incorporated herein, to that certain Garage Development Agreement,
dated September 20, 1996, between the Miami Beach Redevelopment Agency and St.
Moritz Hotel Corporatio~ an entity :'lffill::!ted with Loews Hotels Holding Corporation, to
substitute a Imnp sum contract for a guaranteed maximum price (GMP) contract for the
construction of the 16th Street public parking garage_
2_ This resolution shall take effect immediately upon adoption..
PASSED AND ADOPTED this
2nd
day of April, 1997..
CHAIRMAN
ATTEST:
SECRETARY
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4f ~, 7/1fI1. /
Redevelopment Agency ate
Geneml COI'"~,,,1
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139_
Telephone: (305) 673-7193
Fax: (305) 673-7772
DATE:
TO:
FROM:
SUBJECT:
REDEVELOPMENT AGENCY MEMORANDUM NO. 97-10
April 2, 1997
Chainman and Members of the Board
of the Miami Beach Redevelopment Agency
Jose GarCia-pedros~
Executive Director
A RESOLUTION OF T CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (THE "AGENCY") AUTHORIZING THE
CHAIRMAN AND SECRETARY TO EXECUTE THE AMENDMENT, ATTACHED
HERETO AND INCORPORATED HEREIN, TO THAT CERTAIN GARAGE
DEVELOPMENT AGREEMENT, DATED SEPTEMBER 20, 1996, BETWEEN
THE AGENCY AND ST. MORITZ HOTEL CORPORATION, AN ENTITY
AFFILIATED WITH LOEWS HOTELS HOLDING CORPORATION, TO
SUBSTITUTE A LUMP SUM CONTRACT FOR A GUARANTEED MAXIMUM
PRICE ("GMP") CONTRACT FOR THE CONSTRUCTION OF THE 16TH
STREET PUBLIC PARKING GARAGE.
RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
The Garage Development Agreement, dated September 20, 1996, between
the Agency and St. Moritz Hotel Corporation contained a definition
of the General Contractor's Agreement as guaranteed maximum price
("GMp"). The construction documents have now been completed by the
archi tect, Zyscovich, and are in a form that will allow the
construction of the project to be bid, assuring that the Agency
will receive the most competitive pricing from a responsive bidder.
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Vedevel()pment Ulstnct
CIIT CI:~TI:V
Vedevel()pment UistJict
1.
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~~~~~ ~~~~_~~ ~ ~~u
I4J OOJ
FIRST AMENDMENT TO GARAGE DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO GARAGE DEVELOPMENT AGREEMENT
(the "First Amendment") is made as of the day of , 1997, by MIAMI
BEACH REDEVELOPMENT AGENCY ("Owner") and ST. MORITZ HOTEL CORP.
("Developer') .
WIT N E SSE T H:
----------
WHEREAS, Owner and Developer entered into that certain Garage
Development Agreement dated as of September 20, 1996 (the "Agreement'1, pursuant to
which the Developer, on behalf of Owner, shall caLIse the construction of the Project,
consisting of the Garage and the Retail Space, all as defined in the Agreement, upon and
subject to the terms and conditions contained in the Agreement;
WHEREAS, the Owner and Developer wish to' amend the Agreement to
reflect that the General Contractors Agreement, as defined in the Agreement, shall be in
the form of a stipulated sum contract and not a guaranteed maximum price contract.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and in consideration of Ten and No/100 ($10.00) Dollars and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Owner and Developer hereby agree as follows:
1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein as if set forth in full.
2. General Terms. All defined terms (denoted by capitalization) used in this
First Amendment which are not defined herein, shall have the same meaning as in the
Agreement. Except as amended and modified by this First Amendment, al/ of the terms,
covenants, conditions, and agreements of the Agreement shall remain in full force and
effect. I n the event of any conflict between the provisions of the Agreement and the
provisions of this First Amendment, this First Amendment shall control.
3. Definitions.
(a) In Section 1.13 of the Agreement, in the first line, delete "GMP."
(b) In Section 1.23 of the Agreement, in the first and second lines, delete
"guaranteed maximum price ("GMP')" and replace it with the following: "stipulated sum."
4. Selection and Responsibility of Developer.
in the fourteenth line, delete "GMP. n
MI970830.043
In Section 2.7 of the Agreement,
'>
5. Counterparts. This First Amendment may be executed in counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the
same document.
IN WITNESS WHEREOF, the following parties have executed this First
Amendment as of the day and year first above written.
ST. MORITZ HOTEL CORP.
ATTEST:
By:
Gary W. Garson, Asst Secretary
By:
Jack S. Adler, Vice-President
MIAMI BEACH REDEVELOPMENT
AGENCY
ATTEST:
By:
By:
Robert Parcher
Secretary
Seymour Gelber
Chairman
APPROVED AS TO
FORM & LANGUAGE
& FOR execunoN
1f/tMI-~ ~7t~:)
M10pment Agency D
Gene!'al Cou~!=('!
~t.JV;.~
6
..c;>
RESOLUTION NO.
A RESOLUTION OF THE CIlAIRMA1~ Al.~D MEMBERS OF THE MIAMI
BEAcH REDEVELOPMENT AGENCY (!'HE "AGENCY") AUTHORIZING
THE CHAIRMAN AND SECRETARY TO EXECUTE THE AJ."\1ENDMENT,
A Tf ACHED HERETO AND INCORPORATED HEREIN, TO THAT CERTAIN
GARAGE DEVELOPMENT AGREEMENT, DATED SEPTEMBER 20, 1996,
BETWEEN THE AGENCY AND ST. MORITZ HOTEL CORPORATION, AN
ENTITY AFFll..lA.TED WITH LOEWS HOTELS HOLDING CORPORATION,
TO SUBSTITUTE A LUMP SUM CONTRAcr FOR A GUARANTEED
MAXIMUM PRICE (GMP) CONTR.o\.CI FOR THE CONSTRUCTION OF THE
16TH STREET PUBLIC PARKING GARAGE-
wHEREAS, the Miami Beach Redevelopment Ag€Dq (the '"'Agency'') and St.
Moritz Hotel Cotporatian ("SMHC"), an entity affiliated with Loews Hotels Holding
CotpoT3tion, ente:red into that certain Gamge DevelopmeDl: Agreement (the
<"Agreement"), dated September 20, 1996, pursuant to v..i1ich. SMHC agreed to, among
other things, develop the 16th Street public parlcing garage (the "Gamgcj for the Agency;
and
WHER.EAS, the Agreement provides, among other things, that tbt: agreement to
be entered into with. a general contraCtor for the construction of the Garage is to be a
guarantcc:d m.axi11lum price contract; and
. WHEREAS, due to the fact that the dxawings for the Garage are 100% complete,
the Agency's construction ~nsu1tant, Ti~"m:m Hotel Corporation, has recommended that
the constnlction conlIaCt be a lump sun:l contract and not a guaranteed maximum price
contract; and
WHEREAS, an. 31DM1dmP:l'1t to the Agreement is atmcbed. hereto and incorporated
herein, which reflects the change in the tjpe of con.stroction contract described above; and
WHEREAS, SMIle bas no objection to the amendment.
..c;>
3
..
RESOLUTION NO.
A RESOLUTION OF THE CHAIRM.Al"l AL~D MEl\1BERS OF THE MIA1'\1I
BEACH REDEVELOPMENT AGENCY (THE "AGENCY") AUTHORIZING
THE CHAIRMAN A.1'iD SECRETARY TO EXECUTE THE Al.'\1E1"f.Dl\:fENT,
ATTACHED HERETO AND INCORPORATED HEREIN, TO THAT CERTAIN
GARAGE DEVELOPMENT AGREEMENT, DATED SEPTE'MBER 20, 1996,
BETWEEN THE AGENCY .AJ.~ ST. MORITZ HOTEL CORPORATION, AN
ENTITY AFFILIATED WITH LOEWS HOTELS HOLDING CORPORATION,
TO SUBSTITUIE A LUMP SUM CONTRACT FOR A GUARAL"ITEED
MA.XIMTIM PRICE (GMP) CONTR-\CT FOR THE CONSTRUCTION OF THE
16TH STREET PUBLIC PARKING GARAGE.
WHEREAS, the Miami Beach Redevelopment Agency (the .:.: Agency") and St:..
Moritz Hotel Corporation ("S11HC"), an entity affiliated with Loews Hotels Holding
Corporation, entered into that certain Garage Development Agreement (the
'''Agreement''), dated September 20, 1996, pursuant to v..-.bich SMHC agreed to, among
other things, develop the 16th Street public parking garage (the "'Garage'"') for the Agency;
and
WHEREAS, the Agreement provides, among other things, that the agreement to
be entered into with a general contractor for the construction of the Garage is to be a
guaranteed ma.xi.mum. price contract; and
WHEREAS, due to the fact that the drawings for the Garage are 100% complete,
the Agency' 5 construction consultant, Tishman Hotel Corporation, has recommended that
the construction contract be a 1 urnp SUD:l contract and not a guaranteed maximum. price
contract; and
"WHEREAS, an amendment to the Agreement is attached hereto and incorporated.
herein, which reflects the change in the type of construct:i.on contract described above; and
WHEREAS, S.MHC has no objection to the amendment:..
NOW, TBEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN
AND MEl\mERS OF THE MIAi'1I BEACH REDEVELOPMENT AGENCY as
follows:
1. The ChaiTTT1:::lTl and Secretary are authorized to execute the amendment,
attached hereto and incorporated herein, to that certain Garage Development Agreement,
dated September 20, 1996, between the :M.iami Beach Redevelopment Agency and St.
Moritz Hotel COIporatio~ an entity ;;:rffili::tf"ro with Loews Hotels Holding Corporation" to
substitute a lump sum contract for a guaranteed m:::lyiTTlllm price (G1v!P) contract for the
construction of the 16th Street public parlcing garage_
2_ This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of April. 1997..
CHAIRM:AN
ATIEST:
SECRETARY
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUnON
4f~.'f~q7
Redevelopment AgenC/ ate
Geneml COl,"~..1
RESOLUTION NO.
A RESOLUTION OF THE CHAlRMA.1~ A1~D MEMBERS OF THE MlAL"'\fi
BEACH REDEVELOPMENT AGENCY (THE "AGENCY") AUTHORIZING
THE CHAIRMAN AND SECRETARY TO EXECUTE THE .AME.J.~D:MENT,
ATfACHED HERETO AND INCORPORATED HEREIN, TO THAT CERTAIN
GARAGE DEVELOPMENT AGREEl\ifENT, DATED SEPTE:MBER 20, 1996,
BETWEEN THE AGENCY Al.'W ST. MORITZ HOTEL CORPORATION, AN
ENTITY AFFU.lATED WITH LOEWS HOTELS HOLDING CORPORATION,
TO SUBSTITUTE A LUMP SUM CONTRACT FOR A GUARANTEED
MAXIMUM PRICE (GMP) CONTR~CT FOR THE CONSTRUCTION OF THE
16TH STREET PUBLIC PARKING GARAGE.
WHEREAS, the Miami Beach Redevelopment Agency (the "Agency") and St.
Moritz Hotel Corporation ("SMHC"), an entity affiliated with Loews Hotels Holding
Corporation, entered into that certain Garage Development Agreement (the
'.Agreement"'), dated September 20, 1996, pursuant to Vit-mch S.MHC agreed to, among
other things, develop the 16th Street public pax:king garage (the "Garagen) for the Agency;
and
WHEREAS, the Agreement provides, among other things, that the agreement to
be entered into with a general. contractor for the construction of the Garage is to be a
guaranteed ma.ximum price contract; and
WHEREAS, due to the fact that the drawings for the Garage axe 100% complete,
the Agency's construction consultant, Tishman Hotel Corporation, has recommended that
the construction contract be a lump SUl:ll contract and not a guaranteed maximum price
contract; and
WHEREAS, an amendment to the Agreement is attached hereto and incorporated.
herein, which reflects the change in the type of construction contract described above; and
WHEREAS, SMHC has no objection to the amendment.
NOW, THEREFORE7" BE IT DULY RESOLVED BY THE CHAIRMAN
AND MEl\iIBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY as
follows:
1. The Chairm~T1 and Secretary are authorized to execute the amendment.
attached hereto and incorporated herein, to that certain Garage Development Agreement,
dated September 20, 1996, between the :Miami Beach Redevelopment Agency and St.
Moritz Hotel Corporation, an entity ;;!ffili::ltro with Loews Hotels Holding COIporatio~ to
substitute a lump sum contract for a guaranteed maximum price (GMP) contract for the
construction of the 16th Street public; parlcing garage.
2. This resolution shall take effect immediaIely upon adoption.
PASSED AND ADOPTED this
day of April, 1997..
CHAIRMAN
ATTEST:
SECRETARY
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1f.~ ~q7
opment Agency ate
Geneml COlm~",1