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BEACH AND 4M INVESTORS, LLC <br />This First Amendment to the Design -Build Agreement for Park pd Parkin&Cjarage between the <br />City of Sunny Isles Beach and 4M Investors, LLC. executed this/g: L� day of 2012, is <br />made a part of the original Design -Build Agreement for Park and Parking Garage (the Agreement ") <br />between the parties dated July 21, 2011, attached hereto as Attachment "A" and incorporated herein, <br />between the City of Sunny Isles Beach ( "City's and 4M Investors, LLC. ( "Contractor") a Florida Limited <br />Liability Company. The City and Tenant hereby agree as follows: <br />RECITALS <br />WHEREAS, on or about July 21, 2011, the City and Contractor entered into the Agreement for <br />certain parcels of real property located in the City which the City owns and upon which it intends to have <br />constructed site improvements consisting of a Park and Parking Garage for Gateway Park located in the <br />City of Sunny Isles Beach; and <br />WHEREAS, on or about January 19, 2012, the City Commission passed and adopted Resolution <br />No. 2012 -1841 which authorized Contractor an extension of time up to April 19, 2012, to present a site <br />plan for the design of the Park and Parking Garage in accordance with the development review process of <br />the Code of the City of Sunny Isles Beach (a copy of Resolution No. 2012 -1841 is attached hereto as <br />Exhibit "A"). <br />NOW, THEREFORE, the City and Contractor agree to enter into this First Amendment to the <br />Agreement in accordance with Resolution No. 2012 -1841 and the terms and conditions below. <br />1. EX'T'ENSION OF TIME FOR DEVELOPMENT APPROVALS: Article 4, Section 4.1 of the <br />Agreement is hereby amended to reflect that Contractor shall be required to present a final site plan <br />approval for the Project no later than April 19, 2012. <br />2. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all <br />terms and conditions of the original Agreement between the parties, dated July 21, 2011, shall remain in <br />full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned <br />above. <br />4M INVESTORS, LLC. <br />BY: —A <br />Signature and Title <br />