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Home My WebLink About1986-10612/1/86 UTIL LMA/h RESOLUTION NO. 86-106 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, EXPANDING AND AMENDING RESOLUTION NO. 85-17, A WATER AND WASTEWATER FRANCHISE FOR RIVERWALK UTILITIES, INC. WHEREAS, Indian River County previously granted Riverwalk Associates, a water and wastewater franchise pursuant to Resolution No. 85-17 to serve Riverwalk Shopping Center; and WHEREAS, Riverwalk Associates now desires to expand the existing franchise territory as shown in Exhibit "A" attached hereto. The expansion of the franchise territory shall be contingent upon the posting of the construction bond which will include all costs existing with the expansion construction; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: The Board approves the expansion of the franchise territory as shown in Exhibit "A". The foregoing resolution was offered by Commissioner Eggert , who moved its adoption. The motion was seconded by Commissioner Bowman and upon being put to vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Ave Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Ave -1- a i A .r O 12/1/86 UTIL LMA/h RESOLUTION NO. 86-106 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, EXPANDING AND AMENDING RESOLUTION NO. 85-17, A WATER AND WASTEWATER FRANCHISE FOR RIVERWALK UTILITIES, INC. WHEREAS, Indian River County previously granted Riverwalk Associates, a water and wastewater franchise pursuant to Resolution No. 85-17 to serve Riverwalk Shopping Center; and WHEREAS, Riverwalk Associates now desires to expand the existing franchise territory as shown in Exhibit "A" attached hereto. The expansion of the franchise territory shall be contingent upon the posting of the construction bond which will include all costs existing with the expansion construction; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: The Board approves the expansion of the franchise territory as shown in Exhibit "A". The foregoing resolution was offered by Commissioner Eggert , who moved its adoption. The motion was seconded by Commissioner Bowman and upon being put to vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Ave Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Ave -1- n 40 0 •• The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of December , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST::._, OF INDIAN RIVER COUNTY, FLORIDA Freda Wright C16*Don C. Sctfrlock, J . Chairman Approved as to form and legal sufficiency: County Attorney -2- Approved as to utility matters: Direct/ Utility Services 40 do •• Exhibit. "A" LEGAL DESCRIPTION Riverwalk Utilities, Inc. Franchise Area Commencing at a concrete monument on the Fleming Grant Line marking the Southeasterly corner of Lot 14 of the Plat of the Town of Wauregan, as recorded in Plat Book 1, Pages 178 and 179 of the Public Records of Brevard County, Florida; thence, N 25004159" E, 163.80 to the Point of Beginning, said point being the point of curvature for a non -tangent circular curve concave to the Northeast having a radius of 11,459.20 feet. Said point bears S 63030119" W from center of said curve, said point also being on the Westerly right-of-way line of U.S. Highway No. 1; thence, Southeasterly along said circular curve and along said Right - of -Way line for an arc distance of 622.46 feet through a central angle of 03006'44" to a point; thence, S 45044155" W, 323.56 feet to a point; thence, N 44010135" W, 540.30 feet to a point; thence, N 45049125" E, 103.89 feet to a point; thence, N 43°31'06" W, 1058.38 feet to a point; Said point being on the' Souther ly Right -of -Way line for Roseland Road; thence, along said Right -of -Way line N 41`37120" E, 244.92 feet to a point; thence, continue along said Right -of -Way N 41052'41" E, 532.64 feet to a point on the Westerly Right -of -Way line of U.S. Highway No. I. Said point being the point of curvature of a non -tangent circular curve concave to the Northeast having a radius of 11,459.20 feet. Said point bears S 69010'46" W, from center of said curve; thence, along said Right -of -Way and said circular curve for an arc distance of 1126.96 feet through a central angle of 05°38'05" to the Point of Beginning. Said parcel contains 18.9 acres and lies wholly in Indian River County. r -n P.0. 60X 4809A _ANTA.000ROIA 70102.4119 CADI[ ADDR ESS CI ISSUE 2 � •`' ^^^�,��'��I,,,IJJJIJJJ1I"' ISSUE DATE: DECEMBER 4, 1986 —-u- u L/C NO.: A065730 -G-86 APPLICANT INDIAN RIVER COUNTY RIVERWALK ASSOCIATES, A GEORGIA BOARD OF COUNTY COMMISSIONERS GENERAL PARTNERSHIP 1840 25TH STREET P.O. BOX 1738 9 VERO BEACH, FLA. 32960 ATLANTA, GA. 30371 ATTN: SCOTT HAWKINS AMOUNT $316,753.96 (THREE HUNDRED SIXTEEN THOUSAND SEVEN HUNDRED FIFTY THREE AND 96/100 USDLS). K GENTLEMEN: 0 W �$ WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR, ?d DRAFT(S) TO BE MARKED "DRAWN UNDER THE CITIZENS AND SOUTHERN W NATIONAL BANK, ATLANTA, LETTER OF CREDIT NUMBER A065730 -G-86". DATE,AND PLACE OF EXPIRY: MARCH 3, 1988, AT OUR OFFICE, INTERNATIONAL DEPT., 35 BROAD STREET, ATLANTA, GEORGIA. WW c CREDIT AVAILABLE WITH: THE CITIZENS AND SOUTHERN NATIONAL BANK i6 BY: PAYMENT AGAINST PRESENTATION OF THE 10 DOCUMENT DETAILED HEREIN AND YOUR DRAFT(S) AT SIGHT DRAWN ON THE CITIZENS & SOUTHERN NATIONAL BANK. .o DOCUMENT REQUIRED: 4� �r z A SIGNED STATEMENT FROM THE BOARD OF COUNTY COMMISSIONERS TO THE := EFFECT THAT: "RIVERWALK ASSOCIATES HAS DEFAULTED UNDER THE TERMS OF A W CONTRACT FOR REQUIRED IMPROVEMENTS, AND THAT THE AMOUNT OF THE DRAFT W REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE =a PERFORMANCE OF SAID CONTRACT FOR THE REQUIRED IMPROVEMENTS." o� THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT. WE HEREBY AGREE THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY US ON DELIVERY OF DOCUMENTS AS SPECIFIED IF PRESENTED AT THIS m OFFICE ON OR BEFORE THE ABOVE EXPIRY DATE n w CORD"T PAGE 2 THE CITIZENS & SOUTHERN NATIONAL BANK 4 iO B Y i LG - 0 llU AARA n LETTER �OF CREDIT MANAGER 40 of r - 7> ie emyeNd 4 c"* 714."4e 6444 P.O. BOX 4699 ATEA NTA. GEORGIA 30702-4699 CABLE ADDRESS'. CITSOUTM PAGE 2 ISSUE DATE: DECEMBER 4, 1986 L/C NO.: A065730—G-86 ORIGINAL LETTER OF CREDIT AND AMENDMENTS MUST BE PRESENTED IN CASE OF A DRAWING ON THIS LETTER OF CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDIT (1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400. CITIZENS /& SOUTHERN NATIONAI, BANK B Y :/�L�L�GS�L. ROSA M CARR VS. LETTER OF CREDIT MANAGER. THIS LETTER OF CREDIT IS SUBMITTED IN CONJUNCTION WITH CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NUMBER SD -85-07-71.