Loading...
HomeMy WebLinkAbout2003-141 FCT Contract Number 02-CT-5P-O1 -F1 -A1 - 154 FLORIDA COMMUNITIES TRUST FF 1 Award Number O 1 - 154-FF 1 LOST TREE ISLANDS ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM III is entered into by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and INDIAN RIVER COUNTY, CITY OF VERO BEACH, and TOWN OF INDIAN RIVER SHORES , local governments of the State of Florida (Recipient), this qday of _ AG /_ 14i , , 2003 . NOW THEREFORE, FCT and Recipient mutually agree as follows : WHEREAS , the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever award; WHEREAS , the initial term of the Conceptual Approval Agreement expires May 30, 2003 ; WHEREAS , the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 2 of the Conceptual Approval Agreement and in compliance with Rule 9K-7 . 009(5 ), F. A. C . , has timely submitted to FCT a written request for extension of the May 30, 2003 , deadline; WHEREAS , GENERAL CONDITIONS paragraph 14 ofthe Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient . Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS , the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K4 . 009(5 ), F . A. C . ; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows : 1 . Notwithstanding the language of Section 1 . GENERAL CONDITIONS, paragraph 3 . , the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 2 . i O 1 - 154-FF 1 5/30/03 CAAAMD . 3 1 2 . In every respect, this amendment is to be construed and applied as though the parties had both signed it before May 30, 2003 . 3 , The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until August 30, 2003 . This Addendum III, Addendum II, Addendum I, and the Conceptual Approval Agreement embody the entire agreement between the parties. All other terms and conditions not specifically referenced in this agreement remain the same and unchanged . IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum III . INDIAN VER CO FLORIDA CO T S TRUST By : t Name : Kenneth Macht J c Browning Title : Chairman E �e tiv Director Date : June 24 , 2003 Date : (o a Approved as tic Fo an Legality : Approved as to F Vrql and Legality : Print Name : Cb ;/ >ert-t gyp / i ' sr_ S' By -"eft ,' 9* Trust Counsel IDWM "GFTY OF IAN RIVER SHORES By : Print Name : ?; fm .vs Al Title : /y>>•gvajQ Date : I b :3 Approved as to Form Legality : By :_�o �..,._. Print Name : e r m CITY OF VERO BEACH Byr c 2 Prin Name : Title : M c,, v u 2 Date : S - a i - E) 3 Appro d as to Form and Legality : By (Ixz 2w Print Name : 6 c 01454-17F1 5/30/03 CAAAIVID . 3 2