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HomeMy WebLinkAboutR-1996-118RESOLUTION NO. 118-96 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AN ADDENDUM TO THE CONCEPTUAL AGREEMENT BETWEEN THE FLORIDA COMMUNITIES TRUST AND THE CITY OF DANIA TO EXTEND SAID AGREEMENT UNTIL MAY 8, 1997, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. The Addendum to the conce ptual agreement between the Florida Communities Trust and the City of Dania, a copy of which is attached hereto and made part hereof as Exhibit "A", extending said agreement until May 8, 1997. Section 2. The City Commission of the City of Dania hereby approves said agreement and authorizes the execution of said agreement by the Mayor and City Manager. Section 3: That this resolution shall be in force and take effect immediately upon its passage and adoption PASSED AND ADOPTED on the 17 day of De mber, 1996. 2 ATTEST: 4. /24t-- R-COMMISSIONER CITYATTORNEY RESOLUTION NO. 118-96 CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: 1 CONTRACT #-FLORIDA COMMI.INITIES TRUST P56 AWARD #95-038-P56 ADDENDUM I TO CONCEPTUAL APPROVAL AGRXEMENT TIIIS ADDENDIJM I 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 the CITY OF DANIA ("FCT Recipient"), this _ day of -, 199_. 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 ofthe 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 expires November 8, 1996, WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3ofthe Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2Xk), F.A.C., has timely submitted to FCT a written request for extension ofthe November 8, 1996, 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 e:,rtend 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: l. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 3. and paragraph 14., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 3. 2. In every respec! this amendment is to be construed and applied as though the parties had both signed it before November 8, 1996. 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until May 8, 1997 . ADDn95-038-P56 l0-30-96 1 EXHIBIT "A" Date 4. addendum- The date ofexecution ofthis addendum shall be the date that the last party signs this Iames F.Murley, Chair Date THIS ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, thE CONCEPTUAL APPROVAL AGREEMENT and its Exhibits 'A', "B", embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDIIM I TO CONCEPTUAL APPROVAL AGREEMENT. CITY OF DANIA FLORIDA COMMUNITIES TRUST By: Title Date Accepted as to Form and Legal Sufficiency: Accepted as to Form and Legal Sufficiency: Ann J. Wild, Trust Counsel ADDn95-038-P56 10-30-96 ) ny, p t, . rl\c)t/'--' PaXt - SIGNED BY THE CIry OF DANIA THIS 20 DAY OF DECEMBER, 1996. crry AN , a Florida M rationATTEST: MARIE E M. BER NOCIry CLERK-AUDITOR MAYOR.M ISSIONER MIC MITH Rct APPROVED FOR FORM AND CORRECTNESS: ev: 4, I C. Z:tt FRANK C. ADLER CITYATTORNEY