HomeMy WebLinkAboutReso 2012-1854
RESOLUTION NO. 2012 -1.B.5i
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO
DESIGN-BUILD AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND 4M INVESTORS, LLC., FOR A PARK AND PARKING GARAGE
IN GATEWAY PARK, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT TO
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") is the owner of certain real property
consisting of approximately 3.7 acres on Sunny Isles Boulevard; and
WHEREAS, on July 21,2011, via Resolution No. 2011-1735, the City Commission entered
into an Agreement with 4M Investors, LLC. (Contractor) for certain parcels of real property located
in the City which the City owns and upon which it intends to have constructed site improvements
consisting of a Park and Parking Garage for Gateway Park located in the City of Sunny Isles Beach;
and
WHEREAS, on January 19, 2012, via Resolution No. 2012-1841, the City Commission
authorized the Contractor an extension of time to April 19 , 2012, to present a site plan for the design
of the Park and Parking Garage in accordance with the development review process of the Code of
the City of Sunny Isles Beach; and
WHEREAS, the City and Contractor agreed to enter into this First Amendment to the
Agreement in accordance with Resolution No. 2012-1841 reflecting that Contractor shall be required
to present a final site plan approval for the Proj ect no later than April 19, 2012, attached hereto as
Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment to Design-Build Agreement. The First Amendment to
Design-Build Agreement between the City of Sunny Isles Beach and 4M Investors, LLC, for a Park
and Parking Garage in Gateway Park extending the time to present a final site plan approval for the
Project to no later than April 19, 2012, attached hereto as Exhibit "A", is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said First
Amendment to Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption
PASSED AND ADOPTED this 16th day of February 2012.
R2012- 4M Investors 1st Amd to Agmt Gateway Park Page 1 of2
ATTEST:
~"'. f\ t1~~
Jane A. Hines, CMC, City Clerk
;TO FORM
FFICIENCY:
Vote: 6-tJ
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
v(Y es)
V(Y es)
L/(y es)
V'(Yes)
--V1Yes)
Moved by: Co~.. ~L\l) to
Seconded by: \jILt '{'{\~ /"ill'ld-~
_(No)
_(No)
_(No)
_(No)
_(No)
R20 12- 4M Inveslors 1 st Amd to Agml Gateway Park Page 2 of 2
.,.
FIRST AMENDMENT TO THE DESIGN-BUILD
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND 4M INVESTORS~ LLC
This First Amendment to the Design-Build Agreement for Park otrd Parkin .Garage between the
City of Sunny Isles Beach and 4M Investors, LLC. executed this ~ day of ~/&J , 2012, is
made a part of the original Design-Build Agreement for Park an~king Garage (the Agreement")
between the parties dated July 21, 2011, attached hereto as Attachment "A" and incorporated herein,
between the City of Sunny Isles Beach ("City") and 4M Investors, LLC. ("Contractor") a Florida Limited
Liability Company. The City and Tenant hereby agree as follows:
RECITALS
WHEREAS, on or about July 21,2011, the City and Contractor entered into the Agreement for
certain parcels of real property located in the City which the City owns and upon which it intends to have
constructed site improvements consisting of a Park and Parking Garage for Gateway Park located in the
City of Sunny Isles Beach; and
WHEREAS, on or about January 19,2012, the City Commission passed and adopted Resolution
No. 2012-1841 which authorized Contractor an extension of time up to April 19, 2012, to present a site
plan for the design of the Park and Parking Garage in accordance with the development review process of
the Code of the City of Sunny Isles Beach (a copy of Resolution No. 2012-1841 is attached hereto as
Exhibit "A").
NOW, THEREFORE, the City and Contractor agree to enter into this First Amendment to the
Agreement in accordance with Resolution No. 2012-1841 and the terms and conditions below.
1. EXTENSION OF TIME FOR DEVELOPMENT APPROVALS: Article 4, Section 4.1 of the
Agreement is hereby amended to reflect that Contractor shall be required to present a final site plan
approval for the Project no later than April 19, 2012.
2. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties, dated July 21, 2011, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned
above.
4M INVESTORS, LLC.
1 natur
;:PE/9T$C ~UCMM
Print Name ~
BY A
Signature and Title
ATTEST:'
CITY OF SUNNY ISLES BEACH
BY:~~W
. Jane A. Hines, CMC, City Clerk
BY: ~,,~ ~