HomeMy WebLinkAbout2008-005RESOLUTION NO. 2008= 005
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DECLARING DEFAULT BY RANGE
ROAD MINE, LLC, UNDER THE TERMS OR
CONDITIONS OF SECTION 934.07 OF THE CODE
OF INDIAN RIVER COUNTY, AND AUTHORIZING
STAFF TO MAKE SIGHT DRAFT AGAINST
NORTHERN TRUST, NA IRREVOCABLE STANDBY
LETTER OF CREDIT NO. SLC500211 DATED
JANUARY 19, 2007.
WHEREAS, Range Road Mine, LLC posted an $18,000.00 compliance
and $13,300.00 restoration bond in the form of a Northern Trust, NA Irrevocable
Standby Letter of Credit No. SLC500211 in the total amount of $31,300.00 to
guarantee compliance with the conditions of site plan approval for Phase 1 (Site
Plan No. SP -MA -04-08-51/2004030073-40839) and/or restoration of the site; and
WHEREAS, Range Road Mine, LLC is in default under the terms of its site
plan approval by not using approved haul routes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
1. Range Road Mine, LLC (applicant) has defaulted under the terms
or conditions of Indian River County Ordinance 934.07, and that the amount of
the draft represents the amount required by the County to fulfill the performance
of compliance ($18,000.00 — Phase 1) with the conditions of site plan approval
(Site Plan No. SP -MA -04-08-51/2004030073-40839).
2. Office of Management and Budget is directed to present this
Resolution together with a sight draft marked "DRAWN ON IRREVOCABLE
LETTER OF CREDIT OF NORTHERN TRUST, NA, MIAMI, FLORIDA, NO.
RESOLUTION NO. 2008= 005
SLC500211" to the office of Northern Trust, NA, 700 Brickell Avenue, Miami,
Florida 33131, Attn: Letter of Credit Dept., on or before the expiration date of the
credit.
The resolution was moved for adoption by CommissionerWheel er , and
the motion was seconded by Commissioner F1 escher , and, upon being put to a
vote, the vote was as follows:
Chairman Sandra L. Bowden Aye
Vice Chairman Wesley S. Davis �gye
Commissioner Joseph E. Flescher Aye
Commissioner Gary C. Wheeler Aye
Commissioner Peter D. O'Bryan Ayp
The Chairman thereupon declared the resolution duly passed and adopted
this 15thday of January, 2008.
ATTEST: Jeffrey K. Barton, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUN.TY, FLORIDA
Deputy Clerk
ra L. Bpwden, Chairman
2
FAAttorney\Nancy\DOCS\RES\Reso calling range road compliance.doc
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY 411 4v(/-"- I . -
WILLIAM G. COLLINS 11
COUNTY ATTORNEY