ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT FOR KAPOK WETLAND & FLOODPLAIN RESTORATION
FCT Contract Number 02-CT-2W-01-F1-A1-015
FLORIDA COMMUNITIES TRUST
FF1 Award Number 01-015-FF1
KAPOK WETLAND AND FLOODPLAIN RESTORATION
ADDENDUM II TO CONCEYfUAL APPROVAL AGREEMENT
THIS ADDENDUM II 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 CLEARWATER, a local government of the State of Florida (Recipient),
this /,/t! day of Je-~F;tollP-~ ,2002.
NOW THEREFORE, FCT and Recipient mutually agree as follows:
WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets
forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt
of the FCT Florida Forever award and the restrictions that are imposed on the Project Site
subsequent to its acquisition with the FCT Florida Forever award;
WHEREAS, the initial term of the Conceptual Approval Agreement expires November 30,
2002;
WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 2
of the Conceptual Approval Agreement and in compliance with Rule 9K-7.009(5), F.A.C., has timely
submitted to FCT a written request for extension of the November 30, 2002, deadline;
WHEREAS, GENERAL CONDmONS 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-7.009(5), F.A.C.;
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows:
1. Notwithstanding the language of Section I. GENERAL CONDmONS, paragraph 3.,
the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in
accordance with paragraph 2.
2. In every respect, this amendment is to be construed and applied as though the parties
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had both signed it before November 30, 2002.
3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is
hereby extended until May 30, 2003.
This Addendum II, Addendum I, and the Conceptual Approval Agreement embody the
entire agreement between the parties. All other terms and conditions not specifically referenced in
this agreement remain the same and unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum II.
FLORIDA COMMUNITIES TRUST
By:
J ani e rowning
Exe tive Director
Date: 11-{1i1 b V
Approved as to Form and Legality:
CITY OF CLEARWATER, FWRIDA
Attest:
Mz/Eynthia E. Goudeau
(f City Clerk
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