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RESOLUTION NO. 2013- 2,04 D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE THIRD AMENDMENT TO DESIGN -BUILD AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND 4M INVESTORS, LLC., ATTACHED HERETO AS EXHIBIT "A'; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is the owner of certain real property consisting of approximately 3.7 acres on Sunny Isles Boulevard; and WHEREAS, on July 21; 2011. via Resolution No. 2011 -1735, the City Commission entered into an Agreement with 4M Investors, LLC (Contractor) for certain parcels of real property located in the City which the City owns and upon which it intends to have constructed site improvements consisting of a Park and Parking Garage for Gateway Park located in the City of Sunny Isle Beach; and WHEREAS, Section 2.3 of the Agreement allows the Parties to amend the Contract Documents by written amendment; and WHEREAS, the City and Contractor agreed to enter into this Third Amendment to the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Third Amendment to Design -Build Agreement. The City Commissioner hereby approves the Third Amendment to Design Build Agreement between the of City of Sunny Isles Beach and 4M Investors. LLC for a Park and Parking Garage in Gateway Park. attached hereto as Exhibit "A ". Section 2. Authorization of the Citv Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate the intent of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 9h day of April 2013. S. Edelcup. Mayor 82013- 4%1 Investors 3rd Amend To Design Build Agmt Page 1 of 2