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INDIAN RIVER COUNTY EMERGENCY ORDER 2004 = 01
WHEREAS , Double R and D Inc . and Indian River County entered into a contract
relating to Grand Oak Estates , a subdivision which contract is numbered SD-03 -
03 -011 -CFC (2002070178-35959 ) ; and
WHEREAS , Double R and D Inc . posted Irrevocable Letter of Credit No .
61604003 of Citibank , N . A . dated September 19 , 2003 in order to secure its
obligations under said contract ; and
WHEREAS , the terms of the letter of credit required a resolution of the Board of
County Commissioners to the effect that Double R and D Inc . has defaulted
under the terms of the aforementioned contract for construction of required
improvements , and that the amount of the draft represents the amount required
by the county to fulfill the performance of said contract for the construction of
required improvements ; and
WHEREAS , the Board of County Commissioners was to consider such a
resolution at its meeting of September 7 , 2004 which was canceled due to
Hurricane Frances ; and
WHEREAS , the State and County had been operating under a Declared State of
Emergency since September 1 , 2004 ; and
WHEREAS , by operation of law , Florida Statutes 252 . 36 ; 252 . 38 ; and 252 . 46
"Orders and Rules , " the Emergency Service District of Indian River County has
the authority to issue orders and rules during the period of the declared
emergency,
NOW, THEREFORE , this Emergency Order is issued declaring that Double R
and D Inc . has defaulted under the terms of the aforementioned contract for
construction of required improvements and that the amount of the draft
represents the amount required by the county to fulfill the performance of said
contract for construction of required improvements .
The Office of the County Attorney is directed to present this Emergency Order,
together with the sight draft marked " Drawn on Irrevocable Letter of Credit No .
61604003 of Citibank , N . A . " to the Office of Citicorp . North America , Inc . , 3800
Citibank Center, Bldg . B , 3I Floor, Tampa , Florida 33610 , on or before
September 15 , 2004 ,
DONE AND ORDERED this 10th day of September, 2004 ,
1575744
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK : 1781 PGA 161 , Pagel of 1
09/15/2004 at 11 :04 AM , seph A . Baird t
JEFFREY K BARTON, CLERK OF than River County Administrator
COURT and Indian River County Emergency
Services District Director