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HomeMy WebLinkAbout1999-148C, 2ONTRACT # 94 -CT -83 -93 -3A -A l -nn l rr nn m A M::- -- ---- -- - -= P3A AWARD# 93-001-P3A ADDENDUM X TO CONCEPTUAL APPROVAL AGREEMENT �� 9 - / i THIS ADDENDUM X 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 a political subdivision of the State of Florida and the CITY OF VERO BEACH, and the TOWN OF INDIAN RIVER SHORES, municipalities within the Stare of Fl­;A- n-= - �^ - - k . C . It"ilmenu ), [ms 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 December 4, 1994; WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM I to expire June 4, 1995, by ADDENDUM lI to expire December 4, 1995, by ADDENDUM III to expire June 4, 1996, by ADDENDUM IV to expire December 4, 1996, by ADDENDUM V to expire June 4, 1997, by ADDENDUM VI to expire December 4, 1997, by ADDENDUM VII to expire June 4, 1998, by ADDENDUM VIII to expire December 4, 1998, and by ADDENDUM IX to expire June 4,1999; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 2 of the Conceptual Approval Agmerrit-t and in compliance with Rule 9K4.010(2)(k), F.A.C., has timely submitted to FCT a written request for extension of the June 4, 1999, deadline; WHEREAS, GENERAL CONDITIONS paragraph 10 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 9K4.010(2)(k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section 1. GENERAL CONDITIONS, paragraph 2. and paragraph 10., the parties hereby agree to revive it nunc pro tunc 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 June 4, 1999. ADD X/93-001-P3A 4-30-99 3. The ConceptLaI a^—.oval A ccaT,ciai v and between FC t and F( "f Recipient is hereby r•��• rr sa Y P Y extended until December 4, 1999. 4. The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM X TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM IX, ADDENDUM VIII, ADDENDUM VII, ADDENDUM VI, ADDENDUM V, ADDENDUM IV, ADDENDUM III, ADDENDUM II, ADDENDUM I and the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A" and "B" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM X TO CONCEPTUAL APPROVAL AGREEMENT. INDIAN RIVER COUNTY CITY OF VERO BEACH By:IL By: ttENNERM R. M HT GiMRMhN Title: Eokets DF caujsq cymAiwomo2s Title: Datc: o v E E5 4!4 ESiehr?D 2 Ls 9 Accepted as to Form and Legal Sufficiency —uGff P, a t�Rtt:►s Date: 5T7 44 TOWN OF INDIAN RIVER SHORES By: ___. Name: Date: Accepted as to Form and Legal Sufficiency: Date: ADD X/93-001-P3A 4-30-99 Date: Accepted as to Form and Legal Sufficiency: Date: FLORIDA COMMUNITIES TRUST Steven M. Seibert, Chair Date: Accepted as to Form and Legal Sufficiency: Ann J. Wild, Trust Counsel Date: