HomeMy WebLinkAboutR-1998-088 RESOLUTION NO. 88-98
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING ADDENDUM IV TO THE CONCEPTUAL
AGREEMENT BETWEEN THE FLORIDA COMMUNITIES
TRUST AND THE CITY OF DANIA TO EXTEND SAID
AGREEMENT UNTIL NOVEMBER 8, 1998, AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA;
Section 1. That Addendum IV to the Conceptual Agreement
between the Florida Communities Trust and the City of Dania which is
attached hereto and made a part hereof is approved (such Addendum
extends the agreement to November 8, 1998).
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 9T" day of June, 1998.
MAYOR-COMMISSIONER
ATTEST:
CITY CLERK -AUDITOR
APPROVED AS TO FOR AND CORRECTNESS:
CITY ATTORNEY
1 RESOLUTION NO. 88-98
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CONTRACT##96-CT-3F-95-56-A1-038 FLORIDA COMMUNITIES TRUST
AWARD #95-038-P56
ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM IV to the Conceptual Approval Agreement is entered into by and
between the FLORIDA COMMUNITIES TRUS1 ("FCT"), a nonregulatory agency within the
State of Florida Department of Community Affairs, and CITY OF DANIA("FCT Recipient"),
this—day of 1998.
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 November 8,
1996;
WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM I to
expire May 8, 1997, by ADDENDUM II to expire November 8, 1997, and by ADDENDUM III
to expire May 8, 1998;
WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph
3ofthe 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 May 8, 1998, 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:
1. 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 respect, this amendment is to be construed and applied as though the
parties had both signed it before May 8, 1998.
ADDM95-038-P56
5/18/98
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May 18, 1998
Michael W. Smith
City Manager
100 W. Dania Beach Boulevard
P.O. Box 1708
Dania,FL 33004
I
RE: 95-038-P56 Whiskey Creek Conservation Campground
City of Dania
I, 1 Dear Mr. Smith:
Enclosed find Addendum IV to the Conceptual Approval Agreement for the referenced project.
The Addendum reflects an extension of time granted by the governing board of the Florida
Communities Trust at its May 18, 1998, meeting. Your agreement has been extended according
to the terms set forth in the addendum. Any questionsabout the addendum can be directed to
Ann Wild,Trust Attorney at(850)488-0410. Please execute the addendum and return it to the
Trust as soon as possible.
Please expedite your FCT project so that we can conclude it as soon as possible. This expediting
ents, phone calls or any other step needed to achieve success
includes promptly returning docum
in your project. I encourage you to rely on the Trust staff for any assistance you need to bring
the project to a successful conclusion.
Sincerely,
Anne Peery
i Executive Director
Enclosure: Conceptual Approval Agreement Addendum N
DEPARTMENT OF COMMUNITY AFFAIRS • 2555 SHUJIARD OAK BOULEVARD •1TALLAHASSEE.FL 32399-2100 • SUNCOM 292.2207 FAX 850/921-17$
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3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is
hereby extended until November 8, 1998.
_l 4. The date of execution of this addendum shall be the date that the last party signs
this addendum.
I
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.
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CITY OF DANIA FLORIDA COMMUNITIES TRUST
By: By:
Jim Cali James F. Murley, Chair
Title:
Date: // Date: --
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Accepted as to Form and Legal Accepted as to Form and Legal
Sufficiency: Sufficiency:
By: /% 441
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Thanas Ansbro, CitZ Attorney Ann J. Wild, Trust Counsel
Date: -5-uwh 12 Date:
ATTEST-
City C1er1 - A t _
By:
Mi a , City Manager
ADDIVM95-038-P56
5/18/98
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