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HomeMy Public PortalAbout1990_06_13_R124ees~urg in ~Zirginia RESOLUTION NO. 90-124 PRESENTED June 13. 1990 ADOPTED June 13, 1990 A RESOLUTION: ACCEPTING A SUBSTITUTE CONTRACT FOR INSTAI,I,&TION OF PUBLIC IMPROVEMENTS AND PERFORMANCE GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR INSTAI,I,&TION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSSING SECTION 1C WHEREAS, the CLPS Leesburg Joint Venture (Grimm Company), the developers of Potomac Crossing Section lC has not completed an the required public improvements in accordsnce with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements plus approved time extensions; and WHE~, the Potomac Crossing Corporation has replaced the CLPS Leesburg Joint Venture as the owner and developer of Potomac Crossing;, and WHEREAS, the letter of credit from United Savings Bank, provided by the CLPS Leesburg Joint Venture which guarantees the installation of public improvements in Potom--- Crossing Section lC, in the amount of $385,740.00 will expire on July 25, 1990; and WHEREAS, a new letter of credit from United Savings Bank in the amount of $385,740.00 has been provided by the Potom-~- Crossing Corporation to guarantee installation of the remsining public improvements in Potomac Crossing Section 1C; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $385,740.00 to guarantee insimllstion of the remaining public improvements in Potomac Crossing Section 1C. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall execute the substitute contract for public improvements signed by the Potomac Crossing Corporation for the improvements shown on the plans approved by the Director of Engineering and Public Works for Potomac Crossing Section lC. -2- A RESOLUTION: POTOMAC CROSSING SECTION 1C SECTION II. The letter of credit from United Savings Bank in the amount of $385,740.00 in a form approved by the Town Attorney and a time extension to September 1, 1990 for the ins~llation of public improvements in Section 1C are hereby approved. SECTION Ill. In the event the public improvements in Potomac Crossing Section lC are not satisfactorily completed, as determined by the Director of Engineering and Public Works, prior to August 24, 1990, the Town Manager is hereby authorized to declare the developer in default of his contract and the Manager is authorized to request payment pursuant to the letter of credit from United Savings Bank. PASSED this 13th day of June , 1990. ATTEST: Robert E. Sev~ Mayor Town of Leesburg potomac, lc