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HomeMy Public PortalAbout1989_04_11_R076L..,;~f ccsourg ~n cVirginia RESOLUTION NO. A RESOLUTION: PRESENTED April 11, 1989 89-76 ADOPTED April 11, 1989 AUTHORIZING A TIME FO[TENSION OF THE PERFORMANCE GUARANTRR FOR INSTALTATION OF PUBLIC IN[PRO~NTS FOR SOUTH HAVEN SUBDIVISION OR AUTHORIZING A CAT.T, OF THE LETTER OF CREDIT WI-rms--, Tedence Incorporated, the developers of South Haven Subdivision have not completed all the required public improvements in acco~nce with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements and the extension thereto; and WHEREAS, the letter of credit from Farmers and Merchants National B~_nk of I-Tamilton, Virginia dated October 18, 1988 which guarantees the installation of public improvements, in the amount of $68,758.00, will expire on April 18, 1989; and WHERF_u~, a new letter of credit from Farmers and Merch-nts National B~nk of I-Tamilton~ Virginia or any other bank in the amount of $68,758.00 has not been provided by the developer to guarantee installation of the remaining public improvements for South Haven; and WHEREAS, the Director of Engineering and Public Works h~s approved the amount of $68,758.00 to guarantee installation of the remaining public improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. In the event a letter of credit from Farmers and Merch,nts National Bank of I-T_amilton, Virgini~ or any ba_nk acceptable to the Town in the amount of $68,758.00 in a form approved by the Town Attorney and a request for an extension of six months for the installation of public improvements are requested by the developer prior to April 18, 1989, the same is hereby approved. SECTION II. In the event a letter of credit from Farmers and Merchants National B~nk of Hamilton, Virginia or any bank acceptable to the Town in the amount of $68,758.00 in a form approved by the Town Attorney and a request for an extension of six months for the installation of public improvements is not requested by the developer prior to April 14, 1989, the Town hereby declares the developer in default of this contract and the Town Manager is hereby authorized to request payment pursuant to the letter of credit from the Farmers and Merchants National B~nk of I-Tamilton, Virginia -2- A RESOLUTION: SOUTH HAVEN PERFORMANCE GUARANTEE dated October 18, 1988. PASSED this llth ATTEST: day of April ,1989. Robert E. '~evils, Mayor Town of Leesbur~