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WHEREAS, after such public hearing was held the County Commission adopted <br />Resolution No. 96-04, which confirmed the special assessment cost of the project to the property <br />specially benefitted by the project in the amounts listed in an attachment to that resolution; and <br />WHEREAS, the Director of Public Works has certified the actual "as -built" cost now <br />that the project has been completed is $4,589.19 per acre, which is less than $5,570.02 per parcel in <br />the confirming Resolution No. 96-04, <br />NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: <br />1. Resolution No. 96-04 is modified as follows: The completion date for Project No. <br />9311 is declared to be February 6, 1998, and the last day that payment may be made avoiding interest <br />and penalty charges is ninety (90) days after passage of this resolution. <br />2. Payments bearing interest at the rate of 8'/s% per annum may be made in two <br />equal installments, the first to be made twelve (12) months from the <br />due date and the subsequent payments to be due yearly from the due date. The due date is ninety (90) <br />days after the passage of this resolution. <br />3. The assessment roll for said project listed in Resolution No. 96-04 shall be as set forth in <br />attached Exhibit "A" to this resolution. <br />4. The assessments as shown in attached Exhibit "A" shall stand confirmed and remain legal, <br />valid, and binding first liens against the property against which such assessments are made until paid. <br />5. The assessments shown in Exhibit "A", attached to Resolution No.96-04 were recorded <br />by the County on the public records of Indian River County, and the lien shall constitute prima facie <br />evidence of its validity. <br />This resolution was moved for adoption by Commissioner <br />Eggert and the motion was seconded by Commissioner <br />Gi nn and, upon being put to a vote, the vote was as follows: <br />Chairman John W. Tippin <br />Absent <br />Vice -Chairman Kenneth R Macht <br />Aye <br />Commissioner Fran B. Adams <br />Aye <br />Commissioner Caroline D. Ginn <br />Aye <br />Commissioner Carolyn K. Eggert <br />Aye <br />February 17, 1998 <br />31 <br />