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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
3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby
extended until March 31, 2000,
4, The date of execution of this addendum shall be the date that the last party signs this
addendum.
THIS ADDENDUM XI TO CONCEPTUAL. APPROVAL AGREEMENT, ADDENDUM X.
ADDENDUM IX, ADDENDUM VIII, ADDENDUM VII. ADDENDUM VI. ADDENDUM V,
ADDENDUM IV, ADDENDUM 111, ADDENDUM Il. ADDENDUM I and the CONCEPTUAL
APPROVAL AGREEMENT and its Exhibits "A" and "B" embody the entire Agreement between the
patties.
IN WrrNESS WHEREOF, the parties hereto have duly executed this ADDENDUM XI TO
t;()N('[.?f'TUAL APPROVAL AGREEMENT.
INDIAN RIVER COUNTY t'rrY ()F VER0 BFACII
By: By
Fran B. Adam,- _
Title: Chairman Title:
Date: January 4, 2000 Date
Accepted as to Form and Legal Suttictency:
TtpwJCE P. d 9FttiN
Date: 1 1 - 2'2
TOWN OF INDIAN RIVER SHORTS
Accepted ::ti to Form and Leeal Sufficiency:
Date:
FLORIDA COMM UNrrlfiS TRIITST
By:
Name: Steven M. Seibert, Chair
Date: Date:
Accepted as to Form and Legal Sufficiency:
Date:
ADD XI/93-001-P3A
11-30-99
2
Accepted as to Form and Legal Sufficiency:
Ann J. Wild, 'crust Counsel
Date: