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<br />DESIGN-BUILD <br />AGREEMENT <br />PARK AND PARKING GARAGE <br /> <br />TIDS AGREEMENT (this "Agreement"), made and entered into the _ day of <br />, 2011 by and between: <br /> <br />CLIENT: <br />CITY 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 referred to as "CITY"), and <br /> <br />AND <br /> <br />DESIGN BillLDER: <br />4M Investors, LLC <br />a Florida corporation <br />(hereinafter referred to as "CONTRACTOR") <br /> <br />PROJECT: <br />Park and Parking Garage (hereinafter referred to as the "PROJECT" and which shall be further <br />defined in this Agreement) <br /> <br />This Agreement may refer to the CLIENT or CONTRACTOR, individually, or as "Party" or as <br />"Parties." <br /> <br />WHEREAS, the CITY, has identified a certain parcels of real property located in the CITY <br />(the "Land"), which the CITY owns and upon which it intends to have constructed site <br />improvements consisting of a Park and Parking Garage and all incidentals thereto including as <br />further defined in this Agreement; <br /> <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 /> <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 /> <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 />U:\City Attorney\HANS\4M INVESTOR 2\6.7.2011 Design and Build Park and Parking Garage Agreement (mark- <br />up).doc <br />