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RESOLUTION NO. 2013 -_2A] 3 <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, APPROVING AN AMENDMENT <br />AND CONSENT TO ASSIGNMENT OF DESIGN -BUILD <br />AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH, 4M <br />INVESTORS, LLC., ( "CONTRACTOR OR ASSIGNOR ") AND <br />INTERNATIONAL GENERAL CONTRACTOR ( "ASSIGNEE "), <br />ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE <br />MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE <br />CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS <br />NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING <br />FOR AN EFFECTIVE DATE. <br />WHEREAS, the City of Sunny Isles Beach is the owner of certain real property consisting of <br />approximately 3.7 acres on Sunny Isles Boulevard; and <br />WHEREAS, on Jul), 21, 2011, via Resolution No. 2011 -1735, the Citv Commission entered <br />into a Design -Build Agreement ( "Agreement') with 4M Investors. LLC. to construct site <br />improvements consisting of a Park and Parking Garage for Gateway Park located in the City of Sunnv <br />Isles Beach: and <br />WHEREAS, Section 2.3 of the Agreement allows the Parties to amend the Agreement by <br />written amendment: and <br />WHEREAS. Section 18.2 of the Agreement allows the Parties to assign and/or transfer the <br />Agreement with prior written consent of the City; and <br />WHEREAS. 4M Investors, LLC, has requested permission from the City to use another <br />corporate entity. International General Contractor. as the contractor for the Gatewav Park and Parking <br />Garage Project; and <br />WHEREAS. 4M Investors. LLC, has further requested that the 365 day time -frame for <br />substantial completion to the Agreement be commenced at the time of issuance of a building permit, <br />not a foundation permit: and <br />WHEREAS, the City Commission desires to provide its consent to the assignment and <br />approve the Amendment to the Agreement. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approval of Amendment and Consent to Assignment of the Design -Build Agreement <br />The Amendment and Consent to Assignment of the Design -Build Agreement between the of City of <br />Sunny Isles Beach, 4M Investors. LLC, and Intemational General Contractor attached hereto as <br />Exhibit "A" is hereby approved. <br />Pap 1 of 2 <br />