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HomeMy Public PortalAbout1985_06_12_R089The Town of Leesburg in Virginia RESOLUTION NO. A RESOLUTION: PRESENTED June 12, 1985 85-89 ADOPTED June 12, 1985 AUTHORIZING AN AGREEMENT WITH HARVEST SQUARE (FORMERLY PARCEL M, SECTION I, VIRGINIA VILLAGE) REGARDING INSTALLATION OF THE TUSCARORA CREEK CHANNEL IMPROVEMENTS WHEREAS, the development plan for part of Parcel M, Section I, Virginia Village (hereinafter named Harvest Square) called for improvements to Tuscarora Creek to maintain or reduce flood levels; and WHEREAS, by Resolution No. 81-134 the Council accepted from the managing partner of the former Parcel M project an offer to deposit funds in the amount of $21,000 as consideration for the town assuming the developers responsibility to construct channel improvements within the Tuscarora Creek~and WHEREAS, bids for construction of these improvements received by the Town of Leesburg in the fall of 1984 substantially exceeded the engineers' estimate and the amount of funds on deposit from the former Parcel M development; and WHEREAS, the trustee for Harvest Square has agreed to reassume all res- ponsibility for the construction of the Tuscarora Creek channel improvements in accordance with plans and specifications prepared by Bengtson, DeBell, Elkin and Titus dated May 27, 1983 in exchange for the town's payment of $35,000 to Harvest Square at the time improvements are completed to the satisfaction of the town; and WHEREAS, this amount is below the engineers' estimate for the actual cost for the construction of these facilities~ THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute a letter agreement, on behalf of the town, with Donald E. Nelson, Trustee, Harvest Square, which replaces responsibility for the construction of the Tuscarora Creek channel improvements -2- AUTHORIZING AN AGREEMENT WITH HARVEST SQUARE with Harvest Square. The terms and conditions of the letter agreement are as set out in a letter to Donald E. Nelson, Trustee, dated June 12, 1985. PASSED this 12th day of June , 1985. Town of Leesburg ATTEST: Clerk of Cou~