Reso 2013-2173 - Laserfiche WebLink

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AMENDMENT AND CONSENT TO ASSIGNMENT TIN AN IE N1ENT AND CONSENT TO ASSIGNMENT (`Assignment) is made as of this of 2013 and shall be effective as of the Effective Date (as defined herein) by and among THE CITY OF SUNNY ISLES BEACH, FLORIDA (hereinafter`CITY). 4M INVESTORS LLC (hereinafter 'CONTRACTOR' and/or "ASSIGNOR). and INTERNATIONAL GENERAL CONTRACTOR. INC.. License No.: CGCO42027 (hereinafter 'ASSIGNEE), hereinafter collectively referred to as Party or Parties. WHEREAS, the CITY and ASSIGNOR are parties to Design -Build Agreement (`Agreement) executed on July 21, 2011. a full and complete copy of which (as amended) is attached hereto and incorporated herein as Exhibit A: and WHEREAS, Section 18.2 of the Agreement allows the Parties to assign and/or transfer the Agreement with prior written consent of the CITY: and WHEREAS, ASSIGNOR desires to assign and ASSIGNEE desires to assume all of ASSIGNORS rights and obligations under the Agreement as of the Effective Date of the original Agreement: and WHEREAS, the CITY desires to provide its consent to the assignment: and WHEREAS, the Parties wish to clarify the Completion Date under the terms of the Agreement. NOW, THEREFORE. in consideration of the terms and conditions contained herein and for other good and valuable consideration, the receipt. adequacy and sufficiency of which are hereby acknowledged. the Parties agree as follows: The above- referenced recitals are true and correct and are incorporated herein. 2. Assignment. ASSIGNOR hereby assigns to ASSIGNEE all of ASSIGNOR'S right, title and interest in, to and under the Agreement. and ASSIGNEE hereby assumes all of those duties, obligations and liabilities of ASSIGNOR as of July 21, 2011. the Effective Date of the original Agreement to be performed under the terms of the original Agreement as of the ASSIGNEE had been the original signatory. Upon execution of this Assignment. the ASSIGNEE shall be deemed the CONTRACTOR for the PROJECT for all purposes as defined in the Agreement. 3. Completion Date. Notwithstanding any other provision of the Agreement to the contrary, the Parties agree that the date of substantial completion of the work shall be three hundred sixty five (365) days from the issuance of a building permit by the City. For the purposes of this Amendment, the term building permit means a permit issued by the Building Department of the City of Sunny Isles Beach for construction activities on a particular site excluding construction Exhibit "A"