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This document was prepared by <br /> and should be rcturw�d to Q � Z � Z � <br /> the Comity t&.Q3F2? i� Cr 42 ORIGINAL18410 rlth St . . ; fo B a is, <br /> I �, 00 INDIAN <br /> 3299 ) <br /> INDIAN RIVER COUNTY EMERGENCY ORDER 2004 = 01 <br /> WHEREAS , Double R and D Inc . and Indian River County entered into a contract <br /> relating to Grand Oak Estates , a subdivision which contract is numbered SD-03 - <br /> 03 -011 -CFC (2002070178-35959 ) ; and <br /> WHEREAS , Double R and D Inc . posted Irrevocable Letter of Credit No . <br /> 61604003 of Citibank , N . A . dated September 19 , 2003 in order to secure its <br /> obligations under said contract ; and <br /> WHEREAS , the terms of the letter of credit required a resolution of the Board of <br /> County Commissioners to the effect that Double R and D Inc . has defaulted <br /> under the terms of the aforementioned contract for construction of required <br /> improvements , and that the amount of the draft represents the amount required <br /> by the county to fulfill the performance of said contract for the construction of <br /> required improvements ; and <br /> WHEREAS , the Board of County Commissioners was to consider such a <br /> resolution at its meeting of September 7 , 2004 which was canceled due to <br /> Hurricane Frances ; and <br /> WHEREAS , the State and County had been operating under a Declared State of <br /> Emergency since September 1 , 2004 ; and <br /> WHEREAS , by operation of law , Florida Statutes 252 . 36 ; 252 . 38 ; and 252 . 46 <br /> "Orders and Rules , " the Emergency Service District of Indian River County has <br /> the authority to issue orders and rules during the period of the declared <br /> emergency, <br /> NOW, THEREFORE , this Emergency Order is issued declaring that Double R <br /> and D Inc . has defaulted under the terms of the aforementioned contract for <br /> construction of required improvements and that the amount of the draft <br /> represents the amount required by the county to fulfill the performance of said <br /> contract for construction of required improvements . <br /> The Office of the County Attorney is directed to present this Emergency Order, <br /> together with the sight draft marked " Drawn on Irrevocable Letter of Credit No . <br /> 61604003 of Citibank , N . A . " to the Office of Citicorp . North America , Inc . , 3800 <br /> Citibank Center, Bldg . B , 3I Floor, Tampa , Florida 33610 , on or before <br /> September 15 , 2004 , <br /> DONE AND ORDERED this 10th day of September, 2004 , <br /> 1575744 <br /> THIS DOCUMENT HAS BEEN RECORDED <br /> IN THE PUBLIC RECORDS OF <br /> INDIAN RIVER COUNTY FL <br /> BK : 1781 PGA 161 , Pagel of 1 <br /> 09/15/2004 at 11 :04 AM , seph A . Baird t <br /> JEFFREY K BARTON, CLERK OF than River County Administrator <br /> COURT and Indian River County Emergency <br /> Services District Director <br />