HomeMy Public PortalAbout1991_04_09_R081 The Town of
Leesburg,
Virginia
RESOLUTION NO. 91- 81
A RESOLUTION:
PRESENTED April 9, 1991
ADOPTED April 9, 1991
DECLARING THE DEVELOPER OF THE TEMPORARY TURN-A-ROUND AT THE
END OF lWrLI,ER DRIVE IN LEESBURG All{PARK BUSINESS CENTER IN
DEFAULT OF ITS CONTEAC~ FOR INSTALI.ATION OF PUBLIC
IMPROVEMENTS AND AUTHORIZING THE ACTING TOWN MANAGER TO
PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT
OF THE PERFORMANCE GUARANTEE FUNDS
WHEREAS, the Ward Corporation, developers of the temporary turn-a-round at the end of Miller
Drive in Leesburg Airpark Business Center hms 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
WHEREAS, the letter of credit from The Washington Bank, provided by the Ward Corporation which
guarantees the removal of the temporary turn-a-round and inst~llation of frontage improvements at the
end of Miller Drive, in the amount of $4,400.00 will expire on April 11, 1991; and
WHEREAS, the town has received a notice of non-renewal of the letter of credit from The
Washington Bank; and
WHEREAS, the Ward Corporation has stated in writing to the town that it cannot obtain either a
renewal of the letter of credit from The Washington Bank in the amount of $4,400.00 or a substitute
performance guarantee from another institution; and
WHEREAS, in order to guarantee that the town will have sufficient funds to remove temporary turn-
a-round and construct the frontage improvements at the end of Miller Drive if the Ward Corporation fails
to complete the project, a claim for payment of the letter of credit funds must be made.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in %r~rginia as follows:
SECTION I. The Acting Town Manager is hereby authorized to declare the Ward Corporation in
default of its contract for removal of the temporary turn-a-round and construction of frontage
improvements at the end of Miner Drive in Leesburg Airpark Business Center, and to request full
payment pursuant to the letter of credit from The Washington Bank in the amount of $4,400.00 which
guarantees the removal of the temporary turn-a-round and construction of frontage improvements at the
end of Miller Drive in Leesburg Airpark Business Center.
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SECTION H. The Acting Town Manager is also authorized to prepare and execute all documents
necessary to enforce all terms of the contract for public improvements for removal of the temporary turn-
a-round and construction of frontage improvements at the end of Miller Drive in Leesburg Airpark
Business Center.
PASSED this 9th day of April ,1991.
ATTEST:
Clerk of Co ~q~cil
ah ark
Town of Leesburg