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<br />2. The Mayor is authorized to execute the Amendment on behalf of the City, and the <br />Mayor is hereby further granted authority to negotiate and approve such revisions to said <br />Amendment as the Mayor determines are necessary or desirable for the protection of the City, so <br />long as the essential terms and conditions of the Amendments and Easements are not altered. <br /> <br />3. Unless other funds become available for use by the City as determined by the City <br />Council, moneys from the City Conservation Trust Fund - Land Acquisition shall be used to pay to <br />the County, at the time of closing of the City's fee acquisition, the amount of not more than <br />$67,490.00 for release of the 3.97-acre Community Park Parcel from the existing City-County <br />Conservation Easement. The City Conservation Trust Fund - Land Acquisition shall be <br />reimbursed for the costs of any portion of the Community Park Parcel subsequently identified and <br />used for right-of-way purposes, or an equal amount of land not already designated as park land <br />within the Community Park area shall be designated as new park land. <br /> <br />4. The City payment set forth in Section 3, above, shall be made in cash, certified <br />funds or City warrant, subject to any necessary budgetary transfers or supplementary budgets and <br />appropriations in accordance with State law. <br /> <br />5. Nothing herein is intended to nor should be construed to create any multiple-fiscal <br />year direct or indirect City debt or fiscal obligation whatsoever. <br /> <br />6. The Mayor, City Administrator and City Staff are further authorized to execute and <br />deliver any and all documents and do all other things necessary on behalf of the City to finalize the <br />Amendment, to perform the obligations of the City under the Amendment and under the provisions <br />of any other agreements related thereto, and to otherwise effect the provisions ofthis Resolution. <br /> <br />7. The Amendment shall not be executed or recorded in the event the City does not <br />acquire fee title to the Community Park Parcel. <br /> <br />PASSED AND ADOPTED this 3rd day of August, 2004. <br /> <br /> <br /> <br />2 <br />