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40 <br />40 <br />i <br />CONTRACT # 97 -CT -5R -97 -7A -A1-044 FLORIDA COMMUNITIES TRUST <br />P7A AWARD # 96-044-P7A <br />ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT <br />THIS ADDENDUM IV to the Conceptual Approval Agreement is entered into by and <br />between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the <br />State of Florida Department of Community Affairs, and INDIAN RIVER COUNTY("FCT <br />Recipient"), this day of ,1999. <br />WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets <br />forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the <br />receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project <br />Site subsequent to its acquisition with the FCT Preservation 2000 award; <br />WHEREAS, the initial term of the Conceptual Approval Agreement expired October 31, <br />1997; <br />WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM 1 to <br />expire April 30, 1998, by ADDENDUM II to expire October 31, 1998, and by ADDENDUM III <br />to expire April 30, 1999; <br />WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph <br />3 of the Conceptual Approval Agreement and in compliance with Rule 9K -4.010(2)(k), F.A.C., <br />has timely submitted to FCT a written request for extension of the April 30, 1999, deadline; <br />WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval <br />Agreement states that the agreement may be amended at any time prior to FCT giving final <br />project plan approval to the FCT Recipient. Any agreement must be set forth in a written <br />instrument and agreed to by both the FCT Recipient and FCT; <br />WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval <br />Agreement as provided by Rule 9K -4.010(2)(k), F.A.C.; <br />NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: <br />I. Notwithstanding the language of Section I. GENERAL CONDITIONS, para- <br />graph 3., the parties hereby agree to revive it nunc pro hmc as though it had not lapsed in <br />accordance with paragraph 3. <br />2. In every respect, this amendment is to be construed and applied as though the <br />parties had both signed it before April 30, 1999. <br />3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is <br />hereby extended until October 31, 1999. <br />ADDIV/96-044-P7A <br />3-12-99 I uf' <br />