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HomeMy WebLinkAbout1992-131RESOLUTION NO. 92-131 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING DRAFT UPON BARNETT BANK IRREVOCABLE LETTER OF CREDIT NO. 037 -LC -377966 WHEREAS, George and Lucia Nichols, et. al. entered into a Developer's Agreement with Indian River County relating to the CGN Subdivision; and WHEREAS, in order to secure its obligations under that agreement, George and Lucia Nichols, et. al., d/b/a MGC Investments, a Florida General Partnership, established with Barnett Bank Irrevocable Letter of Credit No. 037 -LC -377966 in favor of Indian River County in the amount of $58,250.00 with an effective date of July 26, 1991 and having an expiration date of August 3, 1992; and WHEREAS, George and Lucia Nichols et. al. defaulted under the terms of the aforementioned Developer's Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The above statements are ratified in their entirety, 2. "The undersigned, an authorized official of the Indian River County Board of County Commissioners does hereby certify that the developers of CGN Subdivision have defaulted under the terms of the developer's agreement approved June 5, 1990, as amended. The amount of this draft represents the amount required by Indian River County to fulfill the performance of said developer's agreement." 3. Payment is hereby demanded of Barnett Bank in the amount of $35,000.00, which represents the amount required by Indian River County to fulfill the performance of said Developer's Agreement for required improvements. 4. The Chairman of the Board of County Commissioners is authorized to endorse the date and amount of the drawing on the reverse side of the letter of credit. 5. The Indian River County Office of Management and Budget is authorized to transmit the original letter of credit along with this resolution and a sight draft marked "Drawn under Barnett Bank of South Florida, N.A., Miami, FL, Credit Number 037 -LC -377966 dated July 26, 1991." 6. Sight draft and resolution are to be presented for payment at the Barnett Bank of South Florida, N.A., International Operations, 8th Floor, 701 Brickell Avenue, Miami, Florida 33131 U.S.A. on or before August 3, 1992, along with the endorsed original letter of credit. RESOLUTION NO. 92-131 The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Bowman , and being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Ax Vice Chairman Margaret C. Bowman Axe - Commissioner Richard N. Bird AW - Commissioner Don C. Scurlock, Jr. Ay& The Chairman thereupon declared the resolution duly passed and adopted this 28, day of July , 1992. ATTEST: l Jeff y K "Barton, Cler_k__, \u\c\c\cgn.res INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Caroly K. Egg ' Chairman 2 In tur. R.r Cn Atq Oved Oate RI$It Myr. _ ._[Il