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HomeMy WebLinkAbout2000-042Contract No: 99-CT-gJ-98-8A-A 1-057 FCT Project No: 98-057-P8A FCT Project Name: Harmony Oaks ADDENDUM 2 TO CONCEPTUAL APPROVAL AGREEMENT This ADDENDUM 2 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(Recipient), this 15th day of February 2000. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement setting forth the conditions of conceptual approval that must be satisfied by Recipient prior to the disbursement of the FCT Preservation 2000 award and the restrictions that are imposed on the project site subsequent to its acquisition: WHEREAS, the term of the Conceptual Approval Agreement expires January 27, 2000; WHEREAS, the Recipient in :accordance with GENERAL CONDITIONS paragraph 3 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)0), F.A.C., has timely submitted to FCT a written request for extension of the January 27, 2000 expiration date; 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 Recipient. Any agreement must be set forth in a written instrument and agreed to by both the 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)(j), F.A.C.: NOW THEREFORE, the FCT and RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section 1. GENERAL CONDITIONS. paragraph 3. and paragraph 4., the parties hereby agree to revive it nunc pro tune 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 January 27. 2000. 3. The Conceptual Approval Agreement by and between FCT and Reci,: .ent is hereby extended until July .:7. 1-000. ADD 2/98.057-P8A 01/26/2000 Page 1 40 4w L-74 The date of execution of this addendum shall be the date that the last party signs this addendum. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM 2 TO CONCEPTUAL APPROVAL AGREEMENT. INDIAN RIVER COUNTY By l ntJ3 OC 'r4f J Print Name: MM 13. AtDld`t1S Its:OAAiRMAN, WPXj d Q?{M($,ejDFjppS Date:_ February 15, 2000 Approved as to Form and Legality: Print Name: Tl��PLEF , 01FifZ►t1l ADD ?/98 -057 -PRA 01/26/2000 Page 2 FLORIDA COMMUNITIES TRUST M Steven M. Seibert, Chair Date: Approved as to Form and Legality: By: Ann J. Wild, Trust Counsel 4 a 40 1 Contract No: 99 -CT -8K -98 -8A -A 1-058 FCT Project No: 98-058-P8A FCT Project Name: Oyster Bar Salt Marsh ADDENDUM 2 TO CONCEPTUAL APPROVAL AGREEMENT This ADDENDUM 2 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(Recipient), this 15th dayof February ,2000. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement setting forth the conditions of conceptual approval that must be satisfied by Recipient prior to the disbursement of the FCT Preservation 2000 award and the restrictions that are imposed on the project site subsequent to its acquisition: WHEREAS, the term of the Conceptual Approval Agreement expires January 27, 2000; WHEREAS, the Recipient in accordance with GENERAL CONDITIONS paragraph 3 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)0), F.A.C., has timely submitted to FCT a written request for extension of the January 27. 2000 expiration date. 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 Recipient. Any agreement must be set forth in a written instrument and agreed to by both the 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)(j), F.A.C.: NOW THEREFORE, the FCT and RECIPIENT mutually agree as follows: L Notwithstanding the language of Section I. GENERAL CONDITIONS, par:.-raph 3. and paragraph 4-. the parties hers by agree to rcviti _ it nuns° pro tune as though it had not lap•t!. 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 January 27, 2000. 3. The Conceptual Approval Agreement by and between FCTand Recipient is hereby extended until July 27, 2000. AQD 2/98 -058 -PRA 01/26/2000 Page 1 40 40 r-, 0 The date of execution of this addendum shall be the date that the last party signs this addendum. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM 2 TO CONCEPTUAL APPROVAL AGREEMENT. INDIAN RIVER COUNTY By: C 7 i '6 wo"n' cp Print Name: Ffr;qu 8, Ab* , Its: IN%f BDARDj QV9q cLh11155(DUIE RS Date: February 15, 2000 Approved as to Form and Legality: By: Print Name: 1'W0e3G45-7 F. D'WeNl ADD 2198.058-P8A 01/26/2000 Page 2 FLORIDA COMMUNITIES TRUST By: Steven M. Seibert, Chair Approved as to Dorm and Legality: By: Ann J. Wild, Trust Counsel