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Home My WebLink About23442AGREEMENT INFORMATION AGREEMENT NUMBER 23442 NAME/TYPE OF AGREEMENT SEOPW CRA & HAROLD A. JOHNSON CONSULTING GROUP, INC. DESCRIPTION 2ND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT/MIAMI WORLD CENTER DEVELOPMENT PROJECT EFFECTIVE DATE March 20, 2019 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/16/2021 DATE RECEIVED FROM ISSUING DEPT. 8/3/2021 NOTE 23`/-2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This SECOND AMENDMENT is made as of this 20`1' day of March, 2019 ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statues (the "CRA") and HAROLD A. JOHNSON CONSULTING GROUP, INC., a Florida Corporation (the "Provider"). RECITALS A. WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community Redevelopment Platt, as amended and restated; and B. WHEREAS, the CRA and Provider entered into that certain Professional Services Agreement for Contract Compliance and Monitoring Services for the MWC Development Project dated as of September 14, 2015, ("Original Agreement"), as amended by the First Amendment dated as of September 1, 2017 ('`the First Amendment") (the Original Amendment as amended by the First Amendment is collectively. the "Agreement"); and C. WHEREAS, the Executive Director of the CRA has determined that Phase II of the Project has commenced and is defined as described in Exhibit "A attached hereto and incorporated herein, and._is thereby exercising his authority to extend the Agreement; and D. WHEREAS, the CRA and Provider desire to modify and amend certain terms and provisions of the Agreement, as hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CRA and Provider agree as follows: 1. RECITALS. The Recitals to this Second Amendment are true and correct and hereby incorporated by reference and made a part hereof. 2. DESCRIBED TERMS. Any defined terms utilized in this Second Amendment but not defined in this Agreement shall have the meanings ascribed to said terms in the Agreement. 3. TERM AND COMMENCEMENT DATE. Section 2 of the Agreement is hereby amended and restated in its entirety as follows: "2. TERM AND COMMENCEMENT DATE. The Term of this Agreement shall commence on the Effective Date and shall terminate upon the issuance of a Temporary Certificate of Occupancy from Miami -Dade County to the Developer for the MWC Development Project." 4. COMPENSATION. Section 4 of the Agreement is hereby amended as follows: a. Provider's Fee. Section 4(a) of the Agreement is hereby amended and restated in its entirety as follows: "Provider's Fee. The amount of compensation payable by the CRA to Provider shall be Forty Thousand Dollars ($40,000) per month for the duration of the Term of this Agreement, unless otherwise modified in writing by the parties." b. Expenses. Section 4(b) of the Agreement is hereby amended and restated in its entirety as follows: "The Provider shall not be entitled to reimbursement for any expenses incurred in connection with the Project. Provider's fee is inclusive of all Project -related expenses incurred by Provider in performance of the Agreement." c. Method of Payment. Section 4(d) of the Agreement is hereby amended and restated in its entirety as follows: "All payments due hereunder shall be made within thirty (30) days after receipt of Provider's approved invoice, subject to the terms and conditions set forth in Section 4(c) of the Agreement." 5. CONFLICTS. In the event of a conflict between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. 6. RATIFICATION. Except as modified by this Second Amendment, the CRA and the Provider ratify and reaffirm all terms and provisions of the Agreement. 7. COUNTERPARTS. This Second Amendment may be executed in counterparts by the parties hereto and each shall be considered an original as the parties are concerned but together such counterparts shall comprise only one Second Amendment. Executed counterparts transmitted by facsimile or PDF via email shall be binding upon the parties. The facsimile or other electronically delivered signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. [Signatures on the following page] IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date and year first above written. WITNESSES: By: l• '�/..G%!f 9 �G�Zer Print: W, 11 1‘ L-t f WODIA By: Print: fildohaC � 614 ATTEST: Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFJk CIENCY: rson, Staff Counsel HAROLD A. JO Florida Co ohnson ING GROUP, INC., a SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida atutes ("CRA") By: rnelius SI i r Executive D rector EXHIBIT "A" MWC DEVELOPMENT PROJECT MIAMI WORLD CENTER is a mixed -use development consisting of two (2) master Phases in multiple sub -phases. Below is an updated summary of the anticipated phasing of the Project including notations of completions as of the date of this Second Amendment. Also included below are all Anticipated Development Values being good faith projections as of the date of the Original Agreement. PHASE I: Tract A — 11.83 acres +/- Phase I Retail: Not less than 360,000 gross square feet of retail space on four blocks within the Project comprised of two parts: (i) Part A — 200,000 gross square feet of retail space; and (ii) Part B — 160,000 gross square feet of retail space. Anticipated Development Value: $60 million Tract A Condominium: Not less than 500-unit condominium tower on approximately 2.3559 acres of land. Anticipated Development Value: $350 million — Closeout (August 2020) Tract A Apartments: Not Tess than 400-apartment units to be constructed in one building. Anticipated Development Value: $125 million Tract A Commercial: Not Tess than 200,000 gross square feet commercial and/or office building. Anticipated Development Value: $165 million Tract A Mixed -Use Building: Not less than 100,000 gross square foot of mixed -use building. Anticipated Development Value: $60 million Tract A Garages: Two (2) parking garages containing not less than 1,600 spaces to be constructed concurrently with the Phase I Retail. Anticipated Development Value: $70 million — Closeout (March 2020) Block G — 1.78 acres +/- Block G Apartments — Phase I: 400 multi -family apartments with 16,000 gross square feet of retail space to be constructed in one tower. Anticipated Development Value: $130 million — Closeout (September 2019) Block G Apartments — Phase II: 400 multi -family apartments with 2,500 gross square feet of retail to be constructed in one tower. Anticipated Development Value: $115 million PHASE II: Phase II - Block E Anticipated Development Value: 1$155 million Program undefined Phase II - Block A Anticipated Development Value: $310 million Program undefined Phase II - Block B: Legacy Hotel and Residences — 39-story building consisting of 255 hotel rooms and 278 residences. Anticipated Development Value: $260 million