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3rd Addendum 02/11/1998 ~~ ;mannp Jl. itolbage BRANCH omcE 3117 OVERSEAS I-DGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS I-DGHW A Y PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Mark Rosch Land Authority Director FROM: Attention: Sheila DiSanto Ruth Ann Jantzen, Deputy Clerk ~4/. February 25,1998 DATE: If' At the February 11, 1998 County Commission Meeting, the Board granted approval and authorized execution of a Contract Addendum between Monroe County and the Florida Communities Trust for a land acquisition grant. Enclosed please find two duplicate originals executed on behalf on Monroe County. Please be sure that one fully executed copy is returned to this office as soon as possible. me. If you have any questions on any of the above, please do not hesitate to contact cc: Sounty Attorney ,Nnance County Administrator, wlo document File . ~his document prE_ .red by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORIDA COMMUNITIXS aiRtCr ~ PROPOSAL NUMBER 9i~1-~1~ o..:e-. ::=0 . 0 l"'I1;J:: -<. I .." (") . r- c.> 0 0(")' ::0 FLORIDA COMMUNITIES TRUST ~?'~ ~ ::0 AREA OF CRITICAL STATE CONCERN PROGRAM ~. ~~ ~ --)> t!! ADDENDUM III TO GRANT CONTRACT ;!!'.~ z:- g )>f"'l1 _ 0 THIS ADDENDUM III to the Grant Contract is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and MONROE COUNTY, a pOl~i9al subdivision of the Sta~r of Florida ("FCT Recipient"), this '1!' day of .:\f'\ti..{C-h, 199:6 CONTRACT #94-CT-72-92-2A-M1-001 PROJECT NAME Rate of Growth Control WHEREAS, the parties hereto entered into a Grant Contract which sets forth the terms and conditions on the use of the proceeds of certain bonds and the lands acquired with such proceeds (Project Site), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Sections 259.101,375.045, and Chapter 380, Part III, Florida Statutes. WHEREAS, the initial term of the Grant Contract expired January 5, 1996; WHEREAS, the term of the Grant Contract was extended by Addendum I to expire January 5, 1997, and by Addendum II to expire January 5, 1998; WHEREAS, the FCT Recipient has acquired 155 parcels of land since the last extension and has used diligent efforts to comply with the terms of the Grant Contract; WHEREAS, the FCT Recipient has submitted to FCT a written ,. request .for extension of the January 5, 1998, deadline; WHEREAS General Condition 1.4. states that the Grant Contract may be amended at any time. The amendment must be set forth in a ADDIII\93-001-CSI 12-15-97 1 . written instrumenL dnd agreed to by both the FCT Recipient and FCT. WHEREAS, the parties hereto desire to extend the term of the Grant Contract; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Section 11.12. is hereby replaced, revised and superseded by the following: 12. Approval for funding shall be for a period not to exceed five years from the date of the meeting at which the approval was given. The approval for funding under this Contract shall expire upon the satisfactory completion of the project work and terms and conditions of this Contract or January 5, 1999, whichever occurs first. 2. Section 11.14. is hereby replaced, revised and superseded by the following: 14. Notice of Termination may be given by either party according to the provisions for notification in Section I., paragraph 7 above. If the FCT delivers a Notice of Termination prior to January 5, 1999, such notice shall provide the reason for termination and thirty (30) days for the FCT Recipient to correct any deficiencies or violations that may be the basis of the Notice of Termination. 3. In every respect, this amendment is to be construed and applied as though the parties had both signed it before January 5, 1998. 4. The date of execution of this addendum shall be the date that the last party signs this addendum. THI S ADDENDUM I I I TO GRANT CONTRACT, ADDENDUM I I, ADDENDUM I, the GRANT CONTRACT and its Exhibits "A", "B", "C", and liD II embody the entire Agreement between the parties. " ADDIII\93-001-CSI 12-15-97 2 IN WITNESS WHERE,- _, the part;ie~ hereto have duly executed this .. ADDENDUM I I I TO GRANT CONTRACT. - ~- \-\o.......t Ok'" \ Date: STATE OF FLORIDA COUNTY OF LEON FL~~ff ;UST James F. Murley, Chair Date: '3l~l~ Accepted as to Form and Legal Sufficien The foregoing instrument was day of m~ , 199~ b Florida Communities Trust. He is ,....~~~:~~:~.:';..,.~ Jzn~c D. Dugii! i~:.. ,.\. ..~; ~ , co' II 'I''''':''~' r.,...~-~c::t;-t ~J'::f:-:':e :"; ~,.,. :"'; M' l..t;\h,,)......V;. , Vl.t./_ ..._ t l..J'n. .\..~ ~~.r!;...-:.:'..:;i rJ\.cr.:r.!.>~r 1J. 2'~~O -:...:~~.€:,~~~....." 80l4DEO jHr~ r:..,.;y iA~.! K~~~P':~. :~. STATE OF FLORIDA COUNTY OF 'tt\~ cknowledged before me this Cit3 JAMES F. MURLEY, as Chair of the personally known to me. N~i~ .~. Print Name: Commission No. My Commission Expires: The~OregOing instrument was acknowledged before me this ~ day of tj2.hu~ ' 1998, by ~o..c...Q ~r\0Y) , as '1Y\ n.11C"L . He\She IS personally known to me. /~ RUTH MJN JANTZEN ~;:":_:"':.',r~ ) I C 1- I "l'~ "/ell ....{.~_. __)~j J"JY cr;l~ ~\:r. _I.~V. j7 "t"}{:)T"R~'-'" , . ;r;L';-~~ j> 13c)f.Jcd By Semel: Ins o No. CCSOG335 W rc..onall, Kno.... ( I 0IMr I. D. ADDIII\93-001-CSI 12-15-97 ~J'~. Print Name: Commission No. My Commission Expires: 3