HomeMy WebLinkAboutExhibitEXHIBIT "A"
SECOND AMENDMENT TO
CONSTRUCTION ADMINISTRATION AGREEMENT
DATED , 2009
BY AND AMONG MIAMI-DADE COUNTY,
THE CITY OF MIAMI AND
MARLINS STADIUM DEVELOPER, LLC
This Second Amendment to the Construction Administration Agreement (as hereinafter
defined) made this day of , 2009 by and among Miami -Dade County, a
political subdivision of the State of Florida (the "County"), the City of Miami, a municipal
corporation organized under the laws of the State of Florida (the "City") and Marlins Stadium
Developer, LLC, a Delaware limited liability company (the "Stadium Developer") regarding the
planning, design and construction of the Baseball Stadium and the Public Infrastructure by the
Stadium Developer and certain other provisions (the "Second Amendment").
A. The County, the City and the Stadium Developer previously executed the
Construction Administration Agreement, dated as of April 15, 2009 as amended by
the First Amendment dated as of June 30, 2009 (the "Construction Administration
Agreement") regarding the planning, design and construction of the Baseball Stadium
(as such term is defined in the Construction Administration Agreement) and the
Public Infrastructure (as such term is defined in the Construction Administration
Agreement) by the Stadium Developer and certain other provisions.
B. The Parties acknowledge that the Construction Administration Agreement remains in
full force and effect, as may be amended by this Amendment. To the extent that the
terms and provisions of the Construction Administration Agreement are not expressly
amended herein, such other terms and provisions shall be deemed to be in full force
and effect, except that in the event of conflict between the Construction
Administration Agreement and this Amendment, the provisions of this Amendment
shall prevail. All capitalized terms contained in this Amendment which are not
defined in this Amendment shall have the respective meanings ascribed to them in the
Construction Administration Agreement.
C. The first paragraph of Section 6.2 of the Construction Administration Agreement is
hereby amended by replacing "$347,500,000" in clause (x) thereof with
"$341,300,000". The Parties intend that all corresponding references in the
Construction Administration Agreement to such clause (x) or the County's deposit to
the County Account pursuant thereto shall incorporate the revised amount of
$341,300,000. The balance of Section 6.2 of the Construction Administration
Agreement shall remain unchanged.
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D. All references in the Construction Administration Agreement to the "initial Stadium
Project Budget" shall be amended to reduce the total for such amount from
$515,000,000 to $508,800,000.
E. This Amendment may be executed in any number of counterparts with the same
effect as if all Parties had executed the same document. All counterparts shall be
construed together and shall constitute one instrument.
Pedro G. Hernandez
City Manager
City of Miami
ATTEST:
By:
City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
Julie O. Bru, City Attorney
MARLINS STADIUM DEVELOPER, LLC
By:
Name:
Title:
George M. Burgess
County Manager
Miami -Dade County
ATTEST:
By:
Clerk of the Board
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Assistant County Attorney
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0255/48633-016 Current/15124286v2