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ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT >- ( , I I CONTRACT # ?t..C!.-r --7-p~'15--5(.. A /-tJ:L) FLORIDA COMMUNITIES TRUST P56 AWARD #95-023-P56 ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM II 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 CLEARWATER ("FCT Recipient"), this ~ay of /'" 1/ , 1997. 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; WHEREAS, the FCT Recipient in accordance with GENERAL eONDITIONS paragraph 3 of 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 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 FeT and FeT REeIPIENT 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, 1997. ADDII\95-023-P56 5-14-97 1 j((-C32 'DJ (2) ... . I I 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until November 8, 1997. 4. The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT, 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 II TO CONCEPTUAL APPROVAL AGREEMENT. CITY OF CLEARWATER By: J)_~ .A/~ Kalhr:. V;Ke Title: Acting City Manager :~o~~~]r: James F. Murley, Chair Date: June 20. 1997 Date: 7/ll (di'l ~~;ii ~zrm and Legill Date: I J ff Accepted as to Form and Legal Suffi .nc ADDII\95-023-P56 5-14-97 2