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Reso 2013-2040
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Reso 2013-2040
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Last modified
5/22/2013 11:11:10 AM
Creation date
4/11/2013 10:43:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2040
Date (mm/dd/yyyy)
04/09/2013
Description
Approve 3rd Amend/Design-Build Agmt w/ 4M Investors, LLC.
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Stage. The GMP prior to this Amendment was Sixteen Million Five Hundred Thousand Dollars <br />($ 16,500,000.00). <br />(a) This Paragraph amends Section 5.1.2 of the Agreement. The CITY shall <br />receive a credit against the revised GMP in the amount of One Million Three Hundred <br />Sixty Six Thousand Four Hundred Eighty Four Dollars and Seventy Cents <br />($1,366,484.70) for payments made for pay applications submitted for design services. <br />As of the result of the credit, the revised GMP shall be reduced to a balance of Seventeen <br />Million Three Hundred Forty Three Seven Hundred One Dollars and Thirty Cents <br />(517,343,701.30). The sum total of One Million Two Hundred Thousand Dollars <br />($1.200,000.00) shall be attributed to the design phase of the Project. Ownership in the <br />signed and sealed 100% "Issued for Construction" set of Plans and Specifications shall <br />vest in the CITY once a permit is issued to commence construction. <br />(b) This Paragraph deletes the text of Section 5.1.3 of the Agreement in its <br />entirety. Section 5.1.3 relates to the selection of a restaurant operator by the Contractor. <br />This is no longer a requirement of the Agreement. <br />5. Pedestrian Bridge. It is understood by the Parties that the CONTRACTOR shall <br />not be responsible for the design and construction of the Pedestrian Bridge connecting the north <br />side of the Park to the north side of the 826 West. Notwithstanding the foregoing. the <br />CONTRACTOR agrees to cooperate with the CITY in providing any and all information (to the <br />extent the information is available and within the care, custody or control of the <br />CONTRACTOR) requested to facilitate the construction of the Pedestrian Bridge by another <br />contractor. <br />6. Design Plans. The CITY agrees to supplement Article 6 of the Agreement as it <br />relates to the plans and specifications prepared at 30 %. 60% and 90% of the Project. Once the <br />CITY reviews the plans and specifications at the 30 %. 60% and 90% of the Project, the review <br />by the CITY shall be deemed an acceptance of those particular plans and specifications for that <br />percentage of the Project, whether it is 30 %, 60% or 90% and no substantial changes shall be <br />made by the CITY thereafter. With that said, this acceptance by the CITY shall still not be <br />deemed an acceptance or pre - approval of the plans or specifications by the Building Department <br />for a building permit. <br />(a) The Parties agree upon and will follow the values set forth on the Schedule of <br />Values attached as Exhibit "D" to this Amendment. <br />7. Contract Time. Section 4.1 of the Agreement shall be amended to extend the <br />Contract Time. Time is of the essence. The CONTRACTOR agrees to complete the design and <br />construction of the entire Project no later than Three Hundred Sixty Five (365) days from the <br />date of issuance of a building permit for the Project. The CONTRACTOR agrees to apply for a <br />building permit for the Project with the Building Department of the City of Sunny Isles Beach no <br />later than October 1. 2013. The CITY shall issue a Notice to Proceed for the construction of the <br />Project upon the issuance of a building permit or no later than sixty (60) days from the date of <br />filing an application for building permit for the Project, whichever occurs first. <br />2 <br />
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