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Home My WebLink AboutR-1998-046 RESOLUTION NO. 46-98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING ADDENDUM 11 AND Ili TO THE CONCEPTUAL AGREEMENT BETWEEN THE FLORIDA COMMUNITIES TRUST AND THE CITY OF DANIA; EXTENDING SAID AGREEMENT UNTIL MAY 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 II and III to the Conceptual Agreement between the Florida Communities Trust and the City of Dania, a copy of �. which are attached hereto and made a part hereof as Exhibit "B" and Exhibit "C", hereby extend said agreement to November 8, 1997 and May 8, 1998 respectively. Section 2. That the City Commission of the City of Dania hereby approves said Addendum II and Addendum III and authorizes the ? execution of said Addendums by appropriate city officials. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on the 24\day of March 1998. MAYOR-COMMISSIONER ATTEST: �� /-2 CY C ITLERK-AUDITOR APPROVED AS TO ORM AND CORRECTNESS: CI A OR Y 1 RESOLUTION NO. 46-98 I EXHIBIT B CONTRACT#96-CT-3F-95-56-Al-03$ FLORIDA COMMUNITIES UST P56 AWARD#95-038-P56 j ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM Il to the Conceptual Approval Agreement is entered into by and betweenthe FLORIDA COMMUNITIES TRUST("FCT"),anonreguFatory agency within the State j of Florida Department of Community Affairs,and the CITY OF DANIA("FCT Recipient"),this _day of 1998. WIDMEAS, the parties hereto entered into a Conceptual Approval Agreement which sets fortb the cooditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that ate imposed on the Project Site I subsequent to its acquisition with the FCT Preservation 2000 award; j WHEREAS,the initial term of the Conceptual Approval Agreement expired November 8, 1996; I WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM I to expire May 8, 1997; WHEREAS,the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3of the 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, 1997,deadline; WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agt states that the agreement may be amended at any time prior to FCT giving final project I plan approval to the FCT Recipient Any agreement must be set fate in a written instrument and I agreed to by both the FCT Recipient and FCT; j 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.; I NOW THEREFORE,the FCT and FCT RECIPIENT.mutually agree as follows: j 1. Notwithstanding the language of Section L GENERAL CONDITIONS,paragraph 3.and paragraph 14.,the parties hereby agree to revive it nine pro tuiic 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 i had both signed it beforo May 8, 1997. 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is ADDIh95-038-P56 5-14-97 MAR-13-1998 11:46 904 921 1747 P.03 �1 bereby extended until November 8, 1997. 4. The date of execution of this addendum shell be the date that the lest party signs this addendum THIS ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM L the I CONCEPTUAL APPROVAL AGREEMENT and its Exhibits"A","B",and"C"embody the entire Agreement between the patties. j IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM Il TO CONCEPTUAL APPROVAL AGREEMENT. CITY OF DANIA FLORIDA COMMUNITIES TRUST By' I3y: Title: James F.Murley,Chair Data: _ Date: . i i I Accepted as to Form and Legal Accepted as to Form and Legal Sufficiency: Suffieienoy: iDate: Ann J.Wild,Trust Counsel i I i j I ' i I I i ADDIl195-038-P56 5-I4-97 2 MAR-13-1998 11:46 904 921 1747 P.04 I j EXHIBIT C CONTRACT#96-CT-3F-95.56-A1-038 FLORIDA COMMNITIEs I RUST AWARD#95-038-P56 ADDENDUM Rl TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM III to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST("FCT"),a non(egulatory agency within the State of Florida Department of Community Affairs, and the CITY OF AANIA("FC1' 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 Ra ipient prior to the I receipt of the FCT Preservation 20M award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; i WHEREAS,the initial term of the Conceptual Approval Agreement expired November S. 11996; I WHEREAS the Conceptual Approval Agreement was amended by ADDENDUM I to expire May 8, 1997:and by ADDENDUM 11 to expire November 8, 1997; WHEREAS,the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(Ir),F.A.C., bas timely submitted to FCT a written request for extension of the November 8, 1997,deadline; WHEREAS,GENERAL CONDITIONS paragraph 14'of the Conceptual Approval Agreemeat states that the agreement may be amended at say time prior to FCP giving final project plan approval to the FCT Recipient. Any agreement:must beset forth in a written I instrument and agreed to by both the FCr 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 L GENERAL CONDITIONS,paragraph 3,and peragraph 14.,the parties hereby agree to revive it nuuc 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 November 8, 1997. ADDR95-038-P56 9-24-97 1 MAR-0-199B 11:47 904 921 1747 P.05 i 1 ..UIIIIIIUIILICJ li UJL 1 Un•J•J•. J[l L •. �1 a� �� a'a '•' L "1 3. The Conceptual Appmval Agreement by and between FC T and FCT Recipi t is hereby extended until May 8, 1998. 4. The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT,ADDENDUM IL ADDENDUM I,the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A","J9", and"C"embody the entire Agreement between the parties. IN WITNESS WJlMOF,the parties hereto have duly executed this ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT. CITY OF DANIA FLORIDA COMMUNITIES TRUST By' BY Jarnes F.Mucley, Chair Title: Date: jDate: i j i Accepted as to Form and Legal Accepted as to}form and Legal SutficiencT. Sufficiency: I AnnJ.Wild,'TrustCounsel Date: Date: i I i ADDIII195-038-P56 9-24-97 2 MRR-13-1998 11:47 904 921 1747 P.06 �s, I i i I i i i I I '