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Home My WebLink About2004-290 FCT Contract Number 07 - )C.7 - 1q1 /y FLORIDA COMMUNITIES TRUST PROJECT # 03 -084 -FF3 ORCA SOUTH LINK ADDENDUM I TO GRANT CONTRACT THIS ADDENDUM I 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, a local government of the State of Florida ("Recipient") , this //"! day of J.�,� c ,, t ., , 200 NOW THEREFORE, FCT and Recipient mutually agree as follows : WHEREAS , the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by the 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 Grant Contract expires July 3 , 2004 ; WHEREAS , the Recipient, in accordance with GENERAL CONDITIONS paragraph 2 of the Grant Contract and in compliance with Rule 9K- 7 . 009 ( 5 ) , F . A . C . , has timely submitted to FCT a written request for extension of the July 3 , 2004 deadline ; WHEREAS , GENERAL CONDITIONS paragraph 14 of the Grant Contract states that the Grant Contract may be amended at any time prior to FCT giving final project plan approval to the Recipient . Any agreement must be set forth in a written instrument and agreed to by both the Recipient and FCT ; and WHEREAS , the parties hereto desire to extend the term of the Grant Contract as provided by Rule 9K- 7 . 009 (5 ) , F . A . C . ; NOW THEREFORE, the FCT and RECIPIENT mutually agree as follows : 1 . Notwithstanding the language of Section I . GENERAL CONDITIONS , paragraph 3 . , the parties hereby agree to revive the Grant Contract nunc pro tunc as though it had not lapsed in accordance with paragraph 2 . 2 . In every respect this Addendum is to be construed and applied as though the parties had both signed it before July 3 , 2004 . 03 -084 -FF3 July 13 , 2004 1 r 3 . The Grant Contract by and between FCT and the Recipient is hereby extended until October 4 , 2004 , This Addendum I and the Grant Contract embody the entire agreement between the parties . All other terms and conditions not specifically referenced in this Addendum remain the same and unchanged . IN WITNESS WHEREOF , the parties hereto have duly executed this Addendum 1 . RAM OF cVvur`1 io4mioNw-S INDIAN RIVER TY ly : COM UN IES TRUST By Pri Na ,�� : aughma cLeod Title : ► k1J mun ' ty Program M ager Date : Nov to � r 169 2004 � Date : � t Approved as to Form and Legality : Approved as to Form and Legality : By : 1-C,�"�� 6t4eC4 $�` By : Print Name : wtut *v4 G . c04u as - ;r- Kelly A . artinson a0vArq 4�MjZmEr Trust Counsel 03 - 084 -FF3 July 13 , 2004 2 FCT Contract Number e 'Y cr• %!i- , ,�? - A/• o/y FLORIDA COMMUNITIES TRUST PROJECT # 03 - 084 - FF3 ORCA SOUTH LINK ADDENDUM II TO GRANT CONTRACT THIS ADDENDUM II 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, a local government of the State of Florida ("Recipient") , this day of �A �- a �,�r , 20 NOW THEREFORE , FCT and Recipient mutually agree as follows : WHEREAS , the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by the 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 Grant Contract expires October 4 , 2004 ; WHEREAS , the Recipient , in accordance with GENERAL CONDITIONS paragraph 2 of the Grant Contract and in compliance with Rule 9K- 7 . 009 ( 5 ) , F . A . C . , has timely submitted to FCT a written request for extension of the October 4 , 2004 deadline ; WHEREAS , GENERAL CONDITIONS paragraph 14 of the Grant Contract states that the Grant Contract may be amended at any time prior to FCT giving final project plan approval to the Recipient . Any agreement must be set forth in a written instrument and agreed to by both the Recipient and FCT ; and WHEREAS , the parties hereto desire to extend the term of the Grant Contract as provided by Rule 9K- 7 . 009 ( 5 ) , F . A . C . ; NOW THEREFORE , the FCT and RECIPIENT mutually agree as follows : 1 . Notwithstanding the language of Section I . GENERAL CONDITIONS , paragraph 3 . , the parties hereby agree to revive the Grant Contract nunc pro tune as though it had not lapsed in accordance with paragraph 2 . 2 . In every respect this Addendum is to be construed and applied as though the parties had both signed it before October 4 , 2004 . 03 - 084-FF3 September 29 , 2004 1 P R Z 3 . The Grant Contract by and between FCT and the Recipient is hereby extended for a time sufficient to close . This Addendum Il , 1 and the Grant Contract embody the entire agreement between the parties . All other terms and conditions not specifically referenced in this Addendum remain the same and unchanged . IN WITNESS WHEREOF , the parties hereto have duly executed this Addendum 1 . nA" DIF COVOT`/ 00Mw�ts5WNg'PLs INDIAN RIVER COU TY FLDA ITIES TRUST By : By; Print N;Etml T`fill Kat B ghman McLe d Title : CIPi . in nit Progr Manager CA . a Date : er 1j,61 2004 4 Date : (� Approved as to Form ari'6 Legality: Approved as to Form and Legality : By : zc� By: YQ Print Name : w1tL )gg eq Gpu,� �K .}� KellyA,/Martinson col Mn "JGY Trust Counsel 03 - 084-FF3 September 29 , 2004 2 FCT Contract Number o y 4rT. /.1j - o I - rr. 41. aor4 FLORIDA COMMUNITIES TRUST PROJECT # 03 - 084-FF3 ORCA SOUTH LINK ADDENDUM III TO GRANT CONTRACT 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, a local government of the State of Florida ("Recipient ') , this qday of _ j;41,4 ,, , 200 s NOW THEREFORE, FCT and Recipient mutually agree as follows : WHEREAS , the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by the 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 Recipient has requested an increase in the amount of the FCT Florida Forever award from a $ 88 , 000 . 00 to a $ 144 ,253 . 00 award; WHEREAS , GENERAL CONDITIONS paragraph 14 of the Grant Contract states that the Grant Contract may be amended at any time prior to FCT giving final project plan approval to the Recipient . Any agreement must be set forth in a written instrument and agreed to by both the Recipient and FCT ; and WHEREAS , the parties hereto desire to amend the Grant Contract to increase the award from $ 88 , 000 . 00 to $ 144 , 253 . 00 ; NOW THEREFORE, the FCT and RECIPIENT mutually agree as follows : Section I. 7 . is hereby replaced, revised and superseded by the following : 7 . The FCT Florida Forever award granted to the Recipient will in no event exceed the lesser of Forty Percent (40%) of the final total eligible project costs , as defined in Rule 9K- 7 . 002 (29) , F . A . C . , or One Hundred Forty Four Thousand Two Hundred Fifty Three Dollars And Zero Cents ($ 144 ,253 . 00) , unless FCT approves a different amount, after determination of the Maximum Approved Purchase Price as provided in Rule 9K- 8 . 007 , F . A. C . , and which shall be reflected in an addendum to this Agreement . The amount of the grant shall not exceed the Limitation of Award provided in Rule 9K- 7 . 003 (3 ) , F . A . C . , and as advertised in the Notice of Application . 03 -084 -FF3 October 21 , 2004 1 r This Addendum III, Addendum II, Addendum I, and the Grant Contract embody the entire agreement between the parties . All other terms and conditions not specifically referenced in this Addendum remain the same and unchanged . IN WITNESS WHEREOF , the parties hereto have duly executed this Addend I . BOAS c cP .ani ' ,p1rtK� s�,( UN9 INDIAN RIVER16Q NTY FL DA OMM ES TRUST B � c .- By: Print Nary ! Janice Br ning, Director, D vision Title : - " ; ,. of Ho si and Community evelopment 'A Date : N6,v0* 0-r 16 , 2 .604 Date : Approved as to Form and Legality: Approved as to Form and Legality: 1 ,^ n Print Name : WILWp t G. cowM�_ Kelly AJ Martinson GOv4Ty AT1'M906Y Trust Counsel 03 - 084-FF3 October 21 , 2004 2