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HomeMy Public PortalAbout1989_10_10_R209Lee~b~rg in ~Virginia RESOLUTION NO. A RESOLUTION: PRESENTED October 10, 1989 89-209 ADOPTED October 10, 1989 AUTHORIZING A TIME EXTENSION OF THE PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR SOUTH HAVEN SUBDIVISION. WHE~, Tendence Incorporated, the developers of South Haven Subdivision have not completed all the required public improvements in accordance 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, all the housing units in the subdivision have been sold by the builder and are occupied; WHEREAS, the letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia dated April 10, 1989, which guarantees the installation of public improvements, in the amount of $68,758.00, will expire on October 10, 1989; and WHEREAS, a new letter of credit from Farmers and Merchants National Bank of I-lAmilton, Virginia in the amount of $68,758.00 has 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 has 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. The letter of credit from Farmers and Merchants National Bank of I~Ismilton, Virginia in the amount of $68,758.00 in a form approved by the Town Attorney and a request for an extension of 30 days for the inst~llAtion of public improvements is hereby approved. SECTION II. In the event the public improvements in the South Haven Subdivision are not satisfactorily completed, as determined the Director of Engineering and Public Works, prior to -2- A RESOLUTION: SOUTH HAVEN PERFORMANCE GUARANTEE November 9, 1989, the town hereby authorizes the Town Manager to declare the Developer in default of his contract and the manager is authorized to request payment pursuant to the letter of credit from Farmers and Merchants National Bank of l-lamilton, Virgini~ PASSED this 10th day of October .,1989. Robert E. SJv~-l~ayor Town of Leesburg ATTEST: C~erk of Coun~ sohaven