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RESOLUTION NO. 2005- 188
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DECLARING DEFAULT BY AMELIA
PLANTATION GROUP, L.L.C. INC. IN ITS
OBLIGATION TO COMPLETE REQUIRED
IMPROVEMENTS TO AMELIA PLANTATION, AND
AUTHORIZING STAFF TO MAKE SIGHT DRAFT
AGAINST HARBOR FEDERAL SAVINGS BANK
IRREVOCABLE LETTER OF CREDIT NO. 390
DATED JUNE 1, 2004, AS AMENDED.
WHEREAS, on April 27, 2004 Amelia Plantation Group, L.L.C., a Florida
limited liability company entered into a Contract for Construction of Required
Improvements No. SD-03-08-22CFC (2000070058-38955), relating to Amelia
Plantation; and
WHEREAS, that agreement required all subdivision improvements to be
constructed on or before February 28, 2005; and
WHEREAS, on May 24, 2005 the Board of County Commissioners
approved a Modification to the Contract for Construction of Required
Improvements to extend the contract date in which to complete the remaining
required improvements to August 24, 2005, and the Harbor Federal Savings
Bank Irrevocable Letter of Credit No. 390 in the remaining amount of
$227,217.63 was amended to extend its expiration date to December 1, 2005;
and
WHEREAS, the modified agreement to construct required subdivision
improvements has not been complied with;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
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RESOLUTION NO. 2005- 188
1. That Amelia Plantation Group, L.L.C. has defaulted under the
terms of the aforementioned Contract for Construction of Required
Improvements.
2. The amount of the draft represents the amount required by the
County to fulfill the performance of said Contract for Construction of Required
Improvements.
3. Office of Management and Budget is directed to present this
Resolution together with a sight draft marked "DRAWN ON IRREVOCABLE
LETTER OF CREDIT NO. 390 OF HARBOR FEDERAL SAVINGS BANK" to the
office of Harbor Federal Savings Bank, 100 South Second Street, Fort Pierce, FL
34950, on or before December 1, 2005.
The resolution was moved for adoption by Commissioner Neubergerand
the motion was seconded by Commissioner'..Wboler , and, upon being put to
a vote, the vote was as follows:
Chairman Thomas S. Lowther Aye
Vice Chairman Arthur R. Neuberger Aye
Commissioner Wesley S. Davis Aye
Commissioner Gary C. Wheeler Aye
Commissioner Sandra L. Bowden Ave
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a
RESOLUTION NO. 2005- 188
The Chairman thereupon declared the resolution duly passed and
adopted this 15th day of November, 2005.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
B .
y S x(,
Thomas S. Lowther, Chairman
ATTEST: Jeffrey K. Barton, Clerk
By: "
Deputy Clerk
APPRWED AS TO FORM
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40OUNTY ATTORNEY
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