HomeMy Public PortalAbout1990_09_12_R226Lcgsl~urg ~n ~rirginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED September 12, 1990
90-226 ADOPTED September 12, 1990
AUTHORIZ~G AN AGREEMENT WITH FORT EVANS-BEVERLY ROAD
ASSOCIATES AND APPROVING AN AGREEMENT TO ~T,T4~)W
WASTEWATER FROM BATTLEFIELD SHOPPING CENTER TO FLOW TO
THE EXISTING CATrAIL BRANCH SEWAGE PUMPING STATION
WHE~, a £mal development plan has been approved for a 368,000 square-foot retail center
to be developed at the southeast comer of the Edwards Ferry Road/Route 15 by-pass intersection; and
WI-IEREAS, present plans call for wastewater generated by this center to be conveyed to the
proposed new Cattail Branch interceptor and pumping station scheduled to be developed under the
Cattail Branch Sewer Construction Agreement (Sewer Construction Agreement hereinafter); and
WHE~, it is ,mlikely that the interceptor sewer and pumping station will be complete and
functional by the time the Battlefield Shopping Center is constructed and open for business; and
VVq-IE~, the proposed retail center will substantiany contribute to Leesburg's tax base, provide
additional shopping and leisure opportunities for our citizens and result in the widening of two lanes on
the by-pass for 2,400 linear feet and the signalization of the Edwards Ferry Road intersection; and
WHEREAS, the existing Cattail Branch sewage pumping station was recently improved and re-
rated by the State Health Department to increase its capacity from 320,000 gallons per day to 525,000
gallons per day; and
WHEREAS, Fort Evans-Beverly Road Associates (developer) has submitted an offer to the town
proposing to temporarily connect to this pumping station and to pay for all engineering, design review
and construction costs associated with expanding further the capacity of this facility to at least equal the
flow from the center; and
WHEREAS, the developer has further agreed to honor its f'mancial commitment and participation
in the Sewer Construction Agreement:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
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RESOLUTION -
AUTHORIZING AN AGREEMENT WITH FORT EVANS-BEVERLY ROAD
ASSOCIATES
The town's Sewer Master Plan dated April 11, 1989, is hereby amended to allow interim connection
of the Battlefield Retail Center to the existing Cattail Branch pumping station, until demolition and
abandonment of the existing pumping station at the time the proposed Sewer Construction Agreement
interceptor sewer and pumping station are constructed and functional, subject to an agreement between
the Town of Leesburg and developer in a form approved by the town attorney, to include the following
minimum conditions:
Developer shall pay the full cost of all engineering studies and design, construction
along with state agency and town review required to m,ke the connection and
increase the capacity of the existing Cattail Branch sewage pumping statio~h
The developer shall not alter its participation in the Sewer Censtruetion Agreement
and shall provide to the Town of Leesburg an acceptable performance bond or letter
of credit guarantee equal to its pro rata share set forth in the Sewer Construction
Agreement, unless prior to that time, construction on the interceptor sewer and new
pumping station is underway and the developer has furnished its pro rata share for
the work in accordance with the agreement. At the end ofch~eyears any such
guarantee to the town shall be released, if construction has not begun on the pump
station and interceptor.
o
Connection of the Battlefield Retail Center to the existing Cattail Branch pumping
station may occur if existing capacity is available and plans for the expansion of the
pumping station to accommodate all flow from the retail center are approved by the
town and State Health Department and an appropriate guarantee for the expansion
is furnished and accepted by the town.
PASSED this 12th day of September ]~990.
~~r
Town of Leesburg
ATTEST:
Clerk of Cou~il
R:Pence-Friedel