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As Built (Final Reso.) /04(reso\asbuilt)k/DC <br />RESOLUTION NO. 2004-013 <br />A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, <br />CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF WATER <br />SERVICE TO WHIPPOORWILL ESTATES SUBDIVISION (62ND <br />COURT SOUTH OF 45TH STREET) AND SUCH OTHER <br />CONSTRUCTION NECESSITATED BY SUCH PROJECT; <br />PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR <br />PAYMENT WITHOUT PENALTY AND INTEREST. <br />WHEREAS, the Board of County Commissioners of Indian River County determined that <br />water improvements for properties located in Whippoorwill Estates Subdivision (62nd Court <br />south of 45th Street) in Indian River County, Florida, are necessary to promote the public <br />welfare of the county; and <br />WHEREAS, on Tuesday, March 4, 2003, the Board held a public hearing at which time <br />and place the owners of property to be assessed appeared before the Board to be heard as to <br />the propriety and advisability of making such improvements; and <br />WHEREAS, after such public hearing was held the County Commission adopted <br />Resolution No. 2003-025, which confirmed the special assessment cost of the project to the <br />property specially benefited by the project in the amounts listed in the attachment to that <br />resolution; and <br />WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now <br />that the project has been completed is less than in confirming Resolution No. 2003-025, <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: <br />1. Resolution No. 2003-025 is modified as follows: The due date for the referenced project <br />and the last day that payment may be made avoiding interest and penalty charges is ninety <br />days after passage of this resolution. <br />2. Payments bearing interest at the rate of 5.75% per annum may be made in ten annual <br />installments, the first to be made twelve months from the due date. The due date is the <br />date of passage of this resolution. <br />3. The final assessment roll for the project listed in Resolution No. 2003-025 shall be as <br />shown on the attached Exhibit "A." <br />4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed, and= will <br />remain legal, valid, and binding first liens against the property against which such <br />assessments are made until paid. <br />5. The assessments shown on Exhibit "A," attached to Resolution No. 2003-025, were <br />recorded' by the County on the public records of Indian River County, and the lien shall <br />remain prima facie evidence of its validity <br />F:\Attorney\Lea\docs\reso\asbui It. doc <br />