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• <br /> RESOLUTION NO. 2013- 203/ <br /> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br /> SUNNY ISLES BEACH, FLORIDA, APPROVING THE THIRD <br /> AMENDMENT TO DESIGN-BUILD AGREEMENT BETWEEN THE <br /> CITY OF SUNNY ISLES BEACH AND 4M INVESTORS, LLC., <br /> ("CONTRACTOR") IN SUBSTANTIALLY THE SAME FORM <br /> ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR 15 DAYS <br /> ACCEPTANCE PERIOD FOR CONTRACTOR TO ACCEPT THIRD <br /> AMENDMENT; AUTHORIZING THE MAYOR TO EXECUTE SAID <br /> AGREEMENT; AUTHORIZING THE CITY MANAGER AND CITY <br /> ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE <br /> THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City of Sunny Isles Beach is the owner of certain real property consisting of <br /> approximately 3.7 acres on Sunny Isles Boulevard; and <br /> WHEREAS, on July 21, 2011, via Resolution No. 2011-1735, the City Commission entered <br /> into an Agreement with 4M Investors, LLC for certain parcels of real property located in the City <br /> which the City owns and upon which it intends to have constructed site improvements consisting of a <br /> Park and Parking Garage for Gateway Park located in the City of Sunny Isles Beach; 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 agreed to enter into this Third Amendment to the <br /> Agreement. <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Approval of Third Amendment to the Design-Build Agreement. The Third <br /> Amendment to Design Build Agreement between the of City of Sunny Isles Beach and 4M Investors; <br /> LLC for a Park and Parking Garage in Gateway Park in substantially the same form attached hereto as <br /> Exhibit "A" is hereby approved. <br /> Section 2. Acceptance Period. The City Commission provides the Contractor with a 15 day <br /> acceptance period to accept the terms of the Third Amendment. The 15 day acceptance period ends <br /> 15 days from adoption of this Resolution. <br /> Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Third <br /> Amendment to Agreement. <br /> Section 4. Authorization of the City Manager and City Attorney. The City Manager and the City <br /> Attorney are hereby authorized to do all things necessary to effectuate the intent of this Resolution. <br /> Section 5. Effective Date. This Resolution shall become effective upon adoption. <br /> Approving The Third Amend To Design Build Agmt Page I of 2 <br />