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8.P. Emergency Addition - Enclave Subdivision Pending Utility Lien <br />ON MOTION by Vice Chairman Davis, SECONDED by <br />Chairman Flescher, the Board unanimously approved staff's <br />recommendation as follows: that after the amendment to the <br />Declaration of Restrictive Covenants has been recorded and a <br />recorded copy provided to the County Attorney, along with <br />the required Form(s) W-9, the proceeds from the called <br />Letters of Credit from the Enclave Subdivision be applied as <br />follows: <br />1. The necessary amounts to bring the Enclave Subdivision <br />utility lien current, due to the failure to pay for base <br />facility charges (with penalties waived based on the <br />recently adopted amnesty ordinance) <br />2. $10,000 remitted to Ralph Evans, Esq. for payment of <br />attorney's fees incurred in this matter <br />3. $160 to pay for the recording fees for the releases of liens <br />4. The remaining residual amount from the called letters of <br />credit including accrued interest remitted to the trust <br />account of Stewart & Evans, all as recommended in the <br />memorandum dated May 28, 2013. <br />9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL <br />AGENCIES - NONE <br />10. PUBLIC ITEMS <br />10.A. PUBLIC HEARINGS <br />June 18, 2013 11 <br />BK 143 PG 95$ <br />