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HomeMy Public PortalAbout1991_10_09_R232The Town of Leesburg, [/irginia RESOLUTION NO. 91-232 A RESOLUTION: PRESENTED October 9, 1991 ADOPTED October 9, 1991 DECLARING THE DEVELOPER OF THE UNION COURT SECTION I SUBDMSION IN DEFAULT OF ITS CONTRACT FOR INSTAIJ.ATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS WHEREAS, Patterson Place, Inc., developers of Union Court Section I, has 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, Patterson Place, Inc., has requested a one year time extension for completion of the remaining bonded improvements; and WHEREAS, a letter of credit from Sovran Bank was provided by Patterson Place, Inc., which guarantees the installation of public improvements in Union Court Section I in the current amount of $37,684.00; and WHEREAS, the town has received a written notice from Sovran Bank stating that the letter of credit will not be renewed beyond the maturity date which is October 14, 1991; and WHEREAS, Patterson Place, Inc., has stated to the town that it cannot obtain a substitute performance guarantee from another institution; and WHEREAS, in order to guarantee that the town will have sufficient funds to complete the public improvements, if Patterson Place, Inc., 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 Virginia as follows: SECTION I. The Town Manager is hereby authorized to declare Patterson Place, Inc., in default of its contract for public improvements for Union Court Section I and to request payment pursuant to the letter of credit from Sovran Bank in the amount of $37,684.00 which guarantees the installation of public improvements in Union Court Section I. SECTION II. The Town Manager is also authorized to prepare and execute all documents necessary to enforce all terms of the contract for public improvements for Union Court Section I. A RESOLUTION: -2- DECLARING THE DEVELOPER OF UNION COURT SECTION I SUBDIVISION IN DEFAULT OF ITS CONT1L&CT FOR INSTAI,LATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS PASSED this 9th day of October, 1991. ATTEST: Clerk of Council Robert Sewla, Mayor Town of Leesburg union.crt