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THIRD AMENDMENTJO DESIGN -BUII,D AGREEMENT <br />BETWEEN <br />THE CITY OF SUNNY ISLES BEACH AND 4M INVESTORS, LLC <br />THIS TH ERD AMENDMENT ( "Amendment ") is made as of this '&S of tIME .013 by <br />and among THE CITY OF SUNNY ISLES BEACH, FLORIDA (hereinafter "CITY") and 4M <br />INVESTORS LLC (hereinafter "CONTRACTOR "), hereinafter collectively referred to as Party or <br />Parties. <br />WHEREAS, the CITY and CONTRACTOR are parties to Design -Build Agreement <br />( "Agreement ") executed on July 21, 2011, a full and complete copy of which is attached hereto <br />and incorporated herein as Exhibit "A "; and <br />WHEREAS, Section 2.3 of the Agreement allows the Parties to amend the Contract <br />Documents by written amendment; and <br />WHEREAS, the CITY and CONTRACTOR desire to execute a written amendment to the <br />Agreement; and <br />NOW, THEREFORE, in consideration of the terms and conditions contained herein and <br />for other good and valuable consideration, the receipt, adequacy and sufficiency of which are <br />hereby acknowledged, the Parties agree as follows: <br />The above - referenced recitals are true and correct and are incorporated herein. <br />2. All other terms of a particular provision in the Agreement not otherwise expressly <br />modified herein shall remain in full force and affect. In the event of any conflict between the terms <br />and conditions herein and those contained in the Agreement, as amended, then the terms herein <br />shall supersede and govern. <br />3. Project Definition. Section 1.8 of the Agreement is amended to reflect the term <br />"Project" as (a) 374 space Parking Garage Building with approximately a sixteen thousand <br />(16000) square feet multi- purpose shell on the first floor of the Parking Garage; (b) Park; and (c) <br />Performance Stage. The Project is generally described in the schematic proposal attached hereto <br />as Exhibit "B," the Shopping List provided by the City which is attached hereto as Exhibit "C' <br />4. Revjsed GMT. This Paragraph amends Sections 1.13, and 5. 1, of the Agreement. <br />The revised Guaranteed Maximum Price ("GMP ") for this Project shall be Eighteen Million <br />Seven Hundred Ten Thousand One Hundred Eighty Six Dollars ($18,710,186.00). This GMP <br />shall include design fees and costs associated with the construction of the following: (a) the 374 <br />space Parking Garage Building with the multi - purpose shell; (b) Park; and (c) Performance <br />'16,14 <br />