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40 El 40 CON"CRAG"' # 94 -(:'F -R3 -93 -3A -A I -(F01 FLORIDA COMMUNITIES TRUST 113AAWARD#93-MI-113A ADDENDUM XI TO CONCE F'TUAL APPROVAL ACREE:MENT THIS ADDENDUM XI to the Conceptual Approval Agreement v, entered into by and between the FLORIDA COMMUNrnf:S TRUST ("FCT"). a nonregulatory agency within the. State of Florida Department of Community Affairs and INDIAN RIVER COUNTI' a political sub<hvtston of the State of Florida and the cri Y OF VF:RO BEACH. and the'UOWN OF INDIAN RIVF,R SHORES, municipalities within the State of Florida ("FCT' Recipient"), thrs day of WHEREAS, the partie i hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by F(T Recipient prior to the receipt of the FCT' Preservation 2(Xl0 ;sward and the restrictions that arc imposed on the Protect Site sub,,cquent to its acquisition with the FCT I're•,crvation 2000 award: WI IFRE'AS, the initial term of the Conceptual Approval Agreement expired December 4, 1994; WHEREAS, the Conceptual Approval Agreement was amended by ADDENDI tit i to expire June 4, 1995, by AOI)I:NI)IJM II to expire December 4, 1995, by ADDD:ND(.rM III to expire June 4, 1996, by ADDI:NIMIM IV to expire December 4, 1996, by ADDENDUM V to exprrt• June 4. 1997, by ADDENDI JM VI to expire Decemt-o•r •1, 1997, by ADDENDUM VU to expire lune 4, 1998. by ADDEND( IM VIII to expire Deccrnhcr 4, 1998, by ADDENDUM IX to expire lune d, 1994), and by ADDI.NI)I IM X to expire Decernher 4. 199% WIII:RI:AS, the FCT Recipient to accordance tvtth GENERAL ('ONDI I IONS paragraph 2 of the Conceptual Approval Agreement and in compliance with Rule 9K -4.010(2)(k). F.A.C. has timely submitted to 1:("I' a written request for extension of the December -1, 1911), deadime; WHEREAS, (iI:NE:Rr1l, CONDI HUNS paragraph 10 of the Cmiccpural Approval Agreement states that the agreement rnay be amended at any time prior to H' I' giving final protect plan approval to the FCT Recipient. Any agreement must be set torch in a wnncn instrument and agreed to by both the FCT Recipient and FCT; WIIF.RFAS, the panics hereto desi:c 11, cacnd the tour of tine Conceptual Approval Agreement as provided by AS, 9K-4.010(2)(k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mortally agrce ; s follot 1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 2. and paragraph 10., the parties hereby agree to revive it nunc pro tuns: as though it had not lapsed in accordance with paragraph 2. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before December 4, 1999. ADD XI/93-001-P3A 11-30-99