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DESIGN -BUILD <br />AGREEMENT <br />PARK AND PARKING GARAGE <br />THIS AGREEMENT (this - Agreement'), made and entered into the `1& day of <br />2011 by and betwean <br />CLIE TI': <br />CIIT OF SUNNY ISLES BEACH, FLORIDA <br />a municipal corporation, and its assigns <br />18070 Collins Avenue <br />Sunny isles Beach, FL 33160 <br />(hereinafter to refmred to as "CII ), and <br />Vrkcp <br />DESIGN BUILDER: <br />4M Investors, LLC <br />a Florida corporation <br />(hereinafter referred to as "CONTRACTOR') <br />PROJECT: <br />Parr and Paddng Garage (hereinafter referred to as the "PROJECT' and which shall be further <br />defined in this Agreement) <br />This Agreement may refer to the CLIENT or CONTRACTOR, individually, or as "Patty" or as <br />"Parties." <br />WHEREAS, the CITY, has identified a certain parcels of real property located in the CrfY <br />(the , Land" specifically described in Exhibit "A'), which the CITY owns and upon which it intends <br />to have constructed site improvements consisting of a Pant and Panting Garage and all incidentals <br />thereto including as further defined in this Agreement; <br />WHEREAS, the CITY wishes to retain the CONTRACTOR to perform all design, <br />construction and other services associated with and/or necessary to timely construct a code <br />compliant Project within the Guaranteed Maximum Price (hereinafter referred to as "Design- Build" <br />services which shall be further defined in this Agreement); <br />WHEREAS, the CONTRACTOR agrees to complete the Design -Build services within the <br />contract times and for a specified and fixed contract price as set forth in this Agreement; and <br />WHEREAS, CITY has determined that entering into this Agreement with CONTRACTOR <br />to provide the Design-Build services for this Project is in the best interests of the health, safety, and <br />welfare of the citizens and residents of Miami -Dade County and of the CITY of Sunny Isles Beach, <br />Florida; and <br />NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and undertakings <br />and other good and valuable consideration the receipt and sufficiency of which is hereby <br />admowledged, the parties do mutually covenant and agree as follows: <br />SIB <br />