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Office Of <br /> INDIAN RIVER COUNTY <br /> ATTORNEY <br /> Alan S.Polackwich,Sr.,County Attorney <br /> William K.DeBraal,Deputy County Attorney <br /> Brooke W.Odom,Assistant County Attorney MEMORANDUM <br /> TO: Board of County Commissioners <br /> FROM: �*—William K. DeBraal, Deputy County Attorne <br /> THROUGH: Alan S. Polackwich, Sr., County Atto <br /> DATE: May 28, 2013 <br /> SUBJECT: Enclave Subdivision Pending Utility Lien <br /> In 2006, San Messina 23 Reality, LLC (San Messina) began development of the <br /> Enclave Subdivision located on 65th Street between 66th and 58th Avenues. The <br /> subdivision received final plat approval in January, 2007. Pursuant to code existing at <br /> the time of plat approval San Messina posted two letters of credit for the subdivision. <br /> One Letter of Credit in the amount of $136,958.12 was posted to secure completion of <br /> required improvements for the subdivision. The other Letter of Credit in the amount of <br /> $17,473.88 was posted to secure installation of required sidewalks. In December 2007, <br /> the developer defaulted on the contract with the County to construct the required <br /> subdivision improvements and the letter of credit with Colonial Bank was called. The <br /> County then solicited public bids for completion of the work. The cost of the engineering <br /> and construction necessary to complete the subdivision was $103,842.74 leaving a <br /> balance of $33,115.38, after expenses, from the called Letter of Credit. After <br /> completion of the required improvements for the subdivision in October 2010, the <br /> County issued a Certificate of Completion for the Enclave Subdivision. <br /> In October 2008, the Developer defaulted on the contract to install the required <br /> sidewalks and the County called the Letter of Credit from Colonial Bank in the amount <br /> of $17,473.88. The sidewalks have not been installed as all of the homes in the <br /> subdivision are unfinished and staff saw no purpose of installing sidewalks in an empty <br /> subdivision. The County currently holds $17,433.08, after expenses, from the called <br /> sidewalk letter of credit, and when combined with the balance left from the called letter <br /> of credit from the required improvements, the total held by the County is $50,548.46. <br /> In October 2007, Colonial Bank filed a foreclosure action against San Messina, the <br /> m <br /> z <br />