HomeMy WebLinkAbout2007-039RESOLUTION NO. 2007-039
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DECLARING DEFAULT BY BEAZER
HOMES CORPORATION, UNDER THE TERMS OF
THE CONTRACT FOR INSTALLATION AND
WARRANTY OF LIVE OAKS, AS MODIFIED, AND
AUTHORIZING STAFF TO MAKE SIGHT DRAFT
AGAINST SUNTRUST BANK IRREVOCABLE
LETTER OF CREDIT NO. ATL/P600979 AND
AMENDMENT NOS. 001 AND 002.
WHEREAS, on May 2, 2000 the Board of County Commissioners of
Indian River County approved a Contract for Installation and Warranty of Live
Oaks No. SD -99 -07 -10 -LO (99030155-002) and a Modification relating to Island
Club Riverside Phase IV Subdivision; and
WHEREAS, that contract required Beazer Homes Corporation to fulfill
certain obligations to be performed until May 2, 2006; and
WHEREAS, on April 4, 2006 the Board of County Commissioners agreed
to allow Beazer Homes Corporation to extend the letter of credit for one year and
the letter of credit was extended to May 2, 2007; and
WHEREAS, Beazer Homes Corporation has failed to guarantee
performance as required under the contract, as modified, particularly with
reference to Section 9 as follows:
• Failed to monitor and maintain the health of trees as required by the
contract in order for the trees to adjust to the shock of transplanting.
• Failed to document the health of the trees by not providing the County
with comparison photographs of each oak tree taken from 4 compass
points due the same month every year after the spring leaf flush.
• Failed to provide the annual report from a competent, certified arborist
documenting the health status of each of the 5 live oak trees on site;
RESOLUTION NO. 2007- 039
and
WHEREAS, in order to guarantee performance of the contract, Beazer
Homes Corporation provided SunTrust Bank Irrevocable Letter of Credit No.
ATL/P600979 and Amendment Nos. 001 and 002 in the original amount of
$119,025.00, with a final expiration date of May 2, 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
1. That Beazer Homes Corporation has defaulted under the terms of
the aforementioned Contract for Installation and Warranty of Live Oaks.
2. The amount of the draft represents the amount required by the
County to fulfill the performance of said Contract for Installation and Warranty of
Live Oaks.
3. Office of Management and Budget is directed to present this
Resolution accompanied by a sight draft in the amount of $119,025.00 marked
"Drawn on Irrevocable Letter of Credit No. ATL/P600979 of SunTrust Bank" to
SunTrust Bank, 2231 Indian River Boulevard, Vero Beach, Florida 32960, Attn:
Mike Sullivan, LOC Dept., ATL -3706 (340.8125) on or before May 2, 2007.
The resolution was moved for adoption by Commissioner Davis , and
the motion was seconded by Commissioner Bowden , and, upon being put to
a vote, the vote was as follows:
Chairman Gary C. Wheeler Aye
Vice Chairman Sandra L. Bowden Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher A� e
Commissioner Peter D. O'Bryan Aye
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RESOLUTION NO. 2007- 039
The Chairman thereupon declared the resolution duly passed and
adopted this 17th day of April, 2007.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
ATTEST: Jeffrey K. Barton, Clerk
By:
64,„
Deputy Clerk
Gary Q'Wheeler, Chairman
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APPROVED m -TO FORM
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WI IAM Q. COLLINS (1
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