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County Attorney Collins reviewed his memorandum of December 28, 2004, <br />including his recommendation to adopt the resolution declaring default and calling the letter of <br />credit. The developer had not completed the required improvements in spite of an extension. He <br />th <br />explained the letter of credit will expire January 15 and he had spoken with the developer’s <br />engineer, Paul Amos, about an alternative where they would post cash security and be granted <br />another extension to complete the work that the engineers would determine still remained. <br />Paul Amos, <br /> O’Haire, Quinn, Candler and Casalino, representing the developer, <br />claimed the hurricanes had caused problems in getting contractors to complete the work in a timely <br />fashion. He requested additional time to get the work completed and they were prepared to place a <br />cash bond for the amount of the improvements remaining and were also prepared to extend the <br />letter of credit, if necessary. <br />County Administrator Baird interjected that this was platted in 2003 and we really <br />haven’t seen any activity. He thought we should be firm reasoning that he has already received <br />complaints about other developers not completing their work, and if we don’t start being firm we <br />will have more problems. <br />County Attorney Collins stated that if we call the letter of credit, it becomes the <br />County’s responsibility to complete; if we allow an extension of time the developer will be <br />overseeing the work and completing it. They claim a lot of work has been done, but the engineers <br />from both sides need to reconcile and determine what remains to be done and the costs. <br />County Attorney Collins explained the cash bond procedure and responded to <br />additional questions of the Commissioners. He had heard from Mr. O’Haire about some <br />extenuating circumstances with FPL. <br /> <br />MOTION WAS MADE by Commissioner Wheeler, <br />SECONDED Vice Chairman Neuberger, to adopt the <br />resolution calling the letter of credit; and give staff the <br />option in the next week of working out a dollar amount of <br />cash to be posted to complete the work. Staff will bring <br />January 4, 2005 <br />14 <br /> <br />