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HomeMy WebLinkAbout1999-09240 40 i CONTRACT # 97 -CT -5R -97 -7A -A1-044 FLORIDA COMMUNITIES TRUST P7A AWARD # 96-044-P7A ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM IV to the Conceptual Approval Agreement 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("FCT Recipient"), this day of ,1999. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expired October 31, 1997; WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM 1 to expire April 30, 1998, by ADDENDUM II to expire October 31, 1998, and by ADDENDUM III to expire April 30, 1999; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3 of the Conceptual Approval Agreement and in compliance with Rule 9K -4.010(2)(k), F.A.C., has timely submitted to FCT a written request for extension of the April 30, 1999, deadline; WHEREAS, GENERAL CONDITIONS paragraph 14 of the 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 9K -4.010(2)(k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: I. Notwithstanding the language of Section I. GENERAL CONDITIONS, para- graph 3., the parties hereby agree to revive it nunc pro hmc as though it had not lapsed in accordance with paragraph 3. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before April 30, 1999. 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until October 31, 1999. ADDIV/96-044-P7A 3-12-99 I uf' 40 40 4. The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM III, ADDENDUM II, ADDENDUM I, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B", and "C" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT. INDIAN RI R COUNTY FLORIDA COMMUNITIES TRUST By. - e:K16ONPF �p �1�� �A)'RN�S Steven M. Seibert, Chair Date: e.. ai r>tc DekRD 4/b Date: Accepted as to Form and Legal Sufficiency: 'rrcRp.61146 P. dBR�N Date: 3 - 3l ' 2 2 ADDIV/96-044-P7A -12 99 Accepted as to Form and Legal Sufficiency: Ann J. Wild, Trust Counsel Date: 242