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HomeMy WebLinkAbout2005-080 RESOLUTION NO. 2005- 080 A RESOLUTION OF .THE -BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING DEFAULT BY MAINSTREET AT VERO BEACH, INC. IN ITS OBLIGATION TO PERFORM REMEDIAL WORK RELATING TO THE REPLAT OF SABAL TRACE SUBDIVISION, AND AUTHORIZING STAFF TO MAKE SIGHT DRAFT AGAINST SOUTHTRUST BANK IRREVOCABLE LETTER OF CREDIT NO. 273300 DATED MARCH 24, 2004. WHEREAS, under Warranty, Guaranty and Maintenance Agreement, and Bill of Sale for Required Improvements, Mainstreet at Vero Beach, Inc. the developer of the Replat of Sabal Trace Subdivision, guaranteed certain improvements for a 1-year period; and WHEREAS, as a guarantee, the developer provided SouthTrust Bank Irrevocable Letter of Credit No. 273300 dated March 24, 2004 in the amount of $7,089.11; and WHEREAS, remedial work is needed to be performed and Developer has not responded to Indian River County Engineering staff's request to perform same, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1 . That Mainstreet at Vero Beach, Inc. has defaulted under the terms of the aforementioned Warranty, Guaranty, and Maintenance Agreement, and Bill of Sale for Required Improvements. 1 FAAttorney\Nancy\DOCS\RES\Reso calling replat of sabal trace.doc RESOLUTION NO. 2005-oso 2. The amount of the draft represents the amount required by the County to fulfill the performance of said contract. 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. 273300 OF SOUTHTRUST BANK" to the office of SouthTrust Bank, 4000 20th Street, Vero Beach, FL 32960, on or before June 24, 2005. The resolution was moved for adoption by Commissioner Neubergerand the motion was seconded by Commissioner Wheel er , 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 Aye The Chairman thereupon declared the resolution duly passed and adopted this 24th day of May, 2005. BOARD OF COUNTY COMMISSIONERS IN RIVER COUNTY,,,FLpORIDA By Thomas S. Lowther, Chairman KIP ATT ST: Jeffrey, K. Bb Clerk 13�"jo ', A��s�t.dut�C��aG1t eputy Clerk iAlILUAM 0.C LLINS 2 00UNTVATq'QRUSY FAAttorney\Nancy\DOCS\RES\Reso calling replat of sabal trace.doc f