6/8/1977 - Laserfiche WebLink

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ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS A COUPLE OF i f ADDITIONS TO PUT IN THE STIPULATION. IN PARAGRAPH 5, HE WISHES TO ADD A CLAUSE SPECIFYING THAT ONE LOAD OUT OF EVERY FOUR GOES IN THE REFILLING, AND IN PARAGRAPH 6 WILL ADD A CLAUSE THAT THE MINING PERMIT WILL BE ISSUED i TO DICKERSON CONDITIONED UPON MR. JENKINS REFILLING THE 40' STRIP IN THE I MANNER REQUIRED BY THE MINING REVIEW COMMITTEE SQ THAT IF HE IS NOT FUL- FILLING THIS REQUIREMENT, THE AGREEMENT CAN BE REVOKED. ATTORNEY COLLINS EXPLAINED TO THE BOARD THAT MR. JENKINS IS RE- SERVING.A PORTION OF THE MINING SITE FOR MINING FOR HIS OWN PURPOSES AND THE PROCEEDS FROM THAT WILL NOT GO INTO THE ESCROW ACCOUNT, BUT ONE LOAD FOR EVERY FOUR TAKEN OUT WILL BE USED TO REFILL THE 40' STRIP. ADMINISTRATOR JENKINS REQUESTED THAT IN PARAGRAPH 9 OF THE STIPU- LATION, IT REQUIRE THAT RECORDS BE FURNISHED TO THE COUNTY ON A MONTHLY f� BASIS, AND THE BOARD AGREED. i COMMISSIONER Loy POINTED OUT THAT IN PARAGRAPH 11 OF THE AGREE- +� MENT, IT SAYS "IF REQUIRED BY THE COUNTY," THE CONTRACTOR WILL PLACE IN OF THE 30t PER CUBIC YARD PRICE IN AN ESCROW ACCOUNT ACCEPTABLE TO MR, JENKINS AND THE COUNTY. SHE NOTED THERE IS NO QUESTION ABOUT THE COUNTY DESIRING THIS ACTION AND FELT THE AGREEMENT SHOULD BE RECORDED WITH THE STIPULATION IN ORDER TO CLARIFY THE SITUATION. ATTORNEY COLLINS AGREED THAT THIS WILL BE DONE, BUT ALSO FELT THAT DICKERSON, INCORPORATED, SHOULD BE INFORMED BY LETTER THAT THE COUNTY EX- PECTS I& PER CUBIC YARD TO BE PLACED IN AN ESCROW ACCOUNT. MR. JENKINS STATED THAT HE WAS IN AGREEMENT WITH ALL THE SUGGES- TIONS AND ADDITIONS RECOMMENDED AT THIS MEETING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO EXECUTE THE STIPULA- TION BETWEEN INDIAN RIVER COUNTY AND WILLIAM E. JENKINS AS AMENDED. .