Reso 2014-2259 - Laserfiche WebLink

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SECOND AMENDMENT AND CONSENT TO ASSIGNMENT THIS SECOND AMENDMENT AND CONSENT TO ASSIGNMENT ( "Assignment ") is made as of this 10th of June, 2014 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 "), INTERNATIONAL GENERAL CONTRACTOR INC. (hereinafter "ASSIGNEE" of entire Contract or "ICG ") and AXIOMA 3 INC. (hereinafter "ASSIGNEE" or "AXIOMA ") hereinafter collectively referred to as Party or Parties. WITNESSETH WHEREAS, the CITY and ASSIGNOR are parties to Design -Build Agreement ( "Agreement ") executed on July 21, 2011, a full and complete copy of which 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, Section 10.4 of the Agreement details the Insurance the CONTRACTOR must secure as a condition precedent to performance under the Agreement; and WHEREAS, ASSIGNOR desires to assign and AXIOMA (as ASSIGNEE) desires to assume all of ASSIGNOR'S rights and obligations under Section 10.4 of the Agreement as of the Effective Date of the original Agreement; and WHEREAS, ICG desires to assign (as first ASSIGNEE of the entire Agreement and now ASSIGNOR for this assignment) and AXIOMA (as the second ASSIGNEE) desires to assume all of ICG'S the rights and obligations under Section 10.4.3.1 (Professional Liability (Errors and Omissions) Insurance) of the Agreement as of the Effective Date of the original Agreement; and WHEREAS, the CITY desires to provide its consent to the assignment; and 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: 1. The above - referenced recitals are true and correct and are incorporated herein. 2. Assignment. ASSIGNOR hereby assigns to AXIOMA (as ASSIGNEE) all of ASSIGNOR'S right, title and interest in, to and under Section 10.4.3.1 of the Agreement (and all associated clauses, provisions, terms and conditions of the entire Agreement necessary to effectuate the duties under Section 10.4.3.1) and AXIOMA (as ASSIGNEE) hereby assumes all of those duties, obligations and liabilities of ASSIGNOR and ICG (as first ASSIGNEE) as of July 21, EXHIBIT "A"