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Home My WebLink AboutCRA-R-16-0017 Exhibit ATHIRD AMENDMENT THIS THIRD AMENDMENT is made as of this day of , 2016 by and between ST. JOHN PLAZA APARTMENTS, LLC, a Florida limited liability company, formerly known as SJP APARTMENTS, LLC, a Florida limited liability company (the "Developer") and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a body corporate created pursuant to Section 163.356, Florida Statues (the "CRA"). RECITALS A. St. John Plaza Apartments, LLC, a Florida limited liability company (the "Original Developer") and the CRA entered into that Development Agreement dated as of January 18, 2013 (the "Original Development Agreement"). B. Original Developer assigned the Original Development Agreement to Developer and the Developer and the CRA entered into an Amendment dated as of September 30, 2015 (the "First Amendment") and a Second Amendment dated December 21, 2015 (the "Second Amendment"; together with the Original Development Agreement and First Amendment, the "Development Agreement") D. Developer and the CRA desire and modify and amend certain other terms and provisions of the Development Agreement as hereinafter set forth. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals to this Third Amendment are true and correct and are hereby incorporated by reference and made a part hereof. 2. Defined Terms. All defined terms utilized in this Third Amendment but not defined in this Third Amendment shall have the meanings ascribed to said terms in the Development Agreement. 3. Responsible Wage Rates. Section 24(A) of the First Amendment is hereby amended and restated to read as follows: "A. Responsible Wage Requirement. With respect to the Project, the Developer shall require its general contractor and all subcontractor and sub - subcontractors, at all levels, performing work in connection with the Project to pay a minimum hourly wage rate and health benefits consistent with Miami -Dade County's Responsible Wage Ordinance, as codified in Section 2-11.16 of the County Code and the Supplemental General Condition Wage & Benefits Schedule, Construction Type: Building (the "Responsible Wage"), as the same 1 may be revised by the County annually, which Responsible Wage shall be deemed to apply to the Project for the following labor classifications only: (i) Electrical Workers; (ii) Plumbers; and (iii) Laborers, as said terms are defined in Section 2-11.16 of the County Code (the "Responsible Wage Classifications"). The Developer shall require that its general contractor to pay the Responsible Wage to all employees working in each of the Responsible Wage Classifications on the Project and require its general contractor to include in each subcontract the requirement that such subcontractor pay the Responsible Wage to all employees working in each of the Responsible Wage Classifications on the Project and require each subcontractor to require each of its sub -subcontractors, at all levels, to pay the Responsible Wage to all employees working in each of the Responsible Wage Classifications on the Project." 4. Lease. The CRA acknowleges that the CRA has approved the Lease as modified by the First Amendment to the Lease dated as of September 30, 2015. 5. Plans. The CRA acknowledges that the CRA has approved the Plans and Specifications for the Project listed on Exhibit "A" attached hereto and made a part hereof. 6. Project Schedule. The first sentence of Section 3.7.1 of the Development Agreement is hereby amended to read as follows: "Developer shall achieve Completion of the Project in accordance with the Plans within eighteen (18) months from the Closing Date, as hereinafter defined, as same may be extended as a result of Unavoidable Delays (the "Completion Date"), time being of the essence." 7. Job Fairs. Section 23 of the First Amendment is hereby amended and restated to read as follows: "Developer covenants and agrees to broadly disseminate information regarding job fairs for local area residents and businesses to allow them to participate in the construction of the Project, including, without limitation, hosting at least two (2) job fairs within the Redevelopment Area within forty-five (45) days of the Closing Date and placing at least four (4) full -page color ads in the Miami Times disseminating information regarding job opportunities for local area residents and businesses to participate in the construction of the Project, which advertisements shall be published within forty-five (45) days of the Closing Date." 8. Closing. The Closing Date is hereby amended to be on the earlier of (a) ten (10) days after all the CRA Conditions Precedent to closing have been either satisfied or waived by the CRA or (b) August 31, 2016, time being of the essence. 2 9. Conflict. To the extent of a conflict between the terms and provisions of this Third Amendment and the terms and provisions of the Development Agreement, the terms and provisions of this Third Amendment shall control. 10. Ratification. Except as hereby modified, the CRA and Developer hereby ratify and reaffirm all the terms and provisions of the Development Agreement. 11. Counterparts. This Third Amendment may be executed in counterparts by the parties hereto and each shall be considered an original insofar as the parties are concerned but together said counterparts shall comprise only one Third Amendment. IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the date first above -written. DEVELOPER: ST. JOHN PLAZA APARTMENTS, LLC, a Florida limited liability company By: SJP Apartments MM, LLC, a Florida limited liability company, its manager By: St. John CDP-BC MM, LLC, a Massachusetts limited liability company, its manager By: BCP SJP, LLC, a Massachusetts limited liability company, its managing member By: Name: Title: 3 CRA: SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY By: Clarence E. Woods, III., Executive Director ATTEST: Clerk of the Board 4 Approved for legal sufficiency By: William R. Bloom, Esq. Holland & Knight LLP, Special Counsel to CRA Joinder The undersigned joins in this Third Amendment for the purpose of agreeing to join into the Restrictive Covenant and the Declaration of Restrictions so that said documents will be binding upon the Property in the event of the termination of the Lease. St. John Plaza Project, LLC, a Florida limited liability company By: Name: Title: 5 Exhibit "A" 6 #4608 1060v3 DRAWING LIST FOR CONTRACTOR BID ARCHITECTURAL PLANS: Cover, Sheets: A-01, A-02, A-1.1, A-1.2, A-2.1, A2.2, A-2.3, A-2.4, A-2.5, A-2-6, A-3.1, A-3.2, Sheets Dated: 11/4/2015 A-3.3, A-3.4, A-4.4, A-4.5, A-4.9, A-4.10, A-5.7, A-5.7a, A7.3, A-7.8, A-7.9, Sheets Dated: 09/30/2015 A-4.1, A-4.2, A-4.3, A-4.6, A-4.7, A-4.8, A-4.11, A-4.12, A-4.13, A-4.14, A-4.15, A-4.16, A-4.17, A-4.18, A-5.1, A5.2, A-5.5, A-5.6, A5.7B, A-5.7C, A-5.7C, A5.7D, A-5.7E, A-5.8, A5.8a, A5.8b, A-6.1, A-6.2, A-6.3, A-6.4, A-6.5, A-6.6, A-6.7, A-7.1, A7.2, A-7.4, A-7.5, A-7.6, A-7.7, A-7.7.1, A-8.1, A-8.2, A-8.2a, A-8.4, A-8.5, A-8.8, A-8.9, A-9.1, A-9.2 Sheets Dated: 11/4/2015 LIFE SAFETY: Sheets, LS-01, LS-02, LS-03, LS-04 Sheets Dated: 9/30/2015 Prepared by: Frances, Anillo, Toledo, LLC ARCHITECTS STRUCTURAL PLANS: Sheets: S-1, 5-1.1, S-2, S-2.1, S-3, S-3.1, 5-4, 5-4.1, S-5, S-5.1, S-6, S-6.1, S-7, S-7.1 S-8, 5-8.1, S-9, S-9.1, S-10, 5-10.1, 5-10.2, S-11, S-12, S-12.1, S-13, S-13.1, S-13.2, S-14, S-15, S-16 Sheets Dated 11/1/2015 Prepared by: C&A ENGINEERS INC. ELECTRICAL PLANS: Sheets: E-0.1, E-1.1, E-1.2, 3-1.3, E-1.4, E1.5, E-2.1, E-2.2, E-2.3, E-2.4, E-2.5, E-2.6, E-2.7, E-4.1, E-4.2 Sheets Dated 8/24/201 Sheets: E-3.1, and E-3.2 Sheets Dated 10/30/2015 MECHANICAL PLANS: Sheets: M-01, M-1.1, M-1.2, M-1.3, M-1.4, M-1.5, M-2.1, M-2.2, M-2.3, M-2.4, M-2.5, M-2.6, M-2.7 M-3.1, M-3.2, M4.1, M-4.2, M-4.3 M-4.4, M5.1, M-5.2, M-6.1 Sheets Dated 10/30/2015 PLUMBING PLANS: Sheets: P-01, P-1.1, P-1.2, P-1.3, P-1.4, P-1.5, P-2.1, P-2.2, P-2.3, P-2.4, P-2.5, P-2.6, P-2.7, P-3.1, P-3.2, P-3.3, P-3.4, P-3.5, P-3.6, P-4.1, P-4.2, P-4.3, P-5.1 Sheets Dated 10/30/2015 FIRE ALARM: Sheets: FA-0.1, FA-0.2, FA-1.1, FA-1.2, FA-1.3, FA-1.4, FA-1.5, FA-1.6 Sheets Dated 10/30/2015 FIRE PROTECTION: Sheets: FP-01, FP-1.1, FP-1.2, FP-1.3, FP-1.4, FP-1.5, FP-1.6 Sheets Dated 10/30/2015 MEP PREPARED by, Maqueira Engineering CIVIL: Sheets GN-1, DP-1, PD-1, PD-6, WS-1 to WS-6, SPP1 to SPP5, Sheets Dated 10/30/2015 PREPARED by, Suntech Engineering 2. LANDSCAPE PLANS: Sheets: XE-1 and L-1 Sheets Dated 10/21/2015 PREPARED by, LLA; Laura Llerena & Assoc. Miami, FI.