HomeMy WebLinkAboutR-1998-171 I
RESOLUTION NO. 171-98
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING ADDENDUM V TO THE
CONCEPTUAL AGREEMENT BETWEEN THE FLORIDA
COMMUNITIES TRUST AND THE CITY OF DANIA BEACH;
PROVIDING FOR AN EXTENSION OF SAID AGREEMENT
THROUGH MAY 8, 1999, FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA;
Section 1. That certain Addendum V to the Conceptual Agreement between the
Florida Communities Trust and the City of Dania Beach, proposed to be executed by
the proper City officials of the City of Dania, Florida, in substantial form attached as
Exhibit "A", is approved and the appropriate City officials are authorized to execute
same.
Section 2. That Addendum V to the Conceptual Agreement between the Florida
Communities Trust and City of Dania Beach provides for an extension of the agreement
through May 8, 1999.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
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PASSED AND ADOPTED on the 24 th day of November, 1998.
MAYOR—COMMISSIONER
71TWYCL'MRK_
T: ROLL CALL:
VICE-MAYOR ETLING - YES
UDITOR COMMISSIONER BERTINO—YES
COMMISSIONER MIKES -YES
COMMISSIONER HYDE - YES
APPROVED AS TO FORM
AND CORRECTNESS:
By:
THOMAS J. A SBRO
CITY ATTORNEY
1 RESOLUTION NO. 171-98
I
CONTRACT##96-CT-3F-95-56-A1-038 FLORIDA COMMUNITIES TRUST
#95-038-P56
ADDENDUM V TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM V 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 CITY OF DANIA BEACH ("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
j 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, by ADDENDUM III to
expire May 8, 1998, and by ADDENDUM IV to expire November 8, 1998;
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 November 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 1. GENERAL CONDITIONS, paragraph
3. and paragraph 14., 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 November 8, 1998.
ADDV\95-038-P56
10/27/98 d
i
3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is
hereby extended until May 8, 1999.
4. The date of execution of this addendum shall be the date that the last party signs
this addendum.
THIS ADDENDUM V TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM IV,
ADDENDUM III, ADDENDUM 11, ADDENDUM 1, 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 V TO
CONCEPTUAL APPROVAL AGREEMENT.
CITY OF DANIA BEACH FLORIDA COMMUNITIES TRUST
By: By:
MAYOR James F. Marley, Chair
By:
CITY MANAGER
ATTEST:
CITY CLERK-AUDITOR
Date: Date:
Accepted as to Form and Legal Accepted as to Form and Legal
Sufficiency: Sufficiency:
CITY ATTORNEY Ann J. Wild,Trust Counsel
Date: Date:
ADDV\95-038-P56
10/27/98
2
ll' I®]C°IlL CQDII1CitII7C unn'fies TII°LL sI
October 28, 1998
Mr. Michael W. Smith
City Manager
P.O. Box 1708
Dania, FL 33004-1708
RE: FCT Project Number 95-038-P56
Whiskey Creek Conservation Campground
City of Dania
Dear Mr. Smith:
i
Enclosed find Addendum V 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 October 27, 1998, meeting. Your agreement has been extended
according to the terms set forth in the addendum. Any questions about 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
includes promptly returning documents, phone calls or any other step needed to achieve success
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
Executive Director
AP/jd
Enclosure: Conceptual Approval Agreement Addendum V
DEPARTMENT OP COMMUNITY ArmRs ' 2555 SHUMARU OAK BOULEVARD • TALLSHASSEE,FL 32399-2100
8501922-2207 0 SUNCoM 292-2207 0 FAX 850/921-1747
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