HomeMy Public PortalAbout1992_04_28_R053The Town of
Leesburg,
Virg' '
lnla
PRESENTED April 28. 1992
RESOLUTION NO. 92-53 ADOPTED April 28} 1992
A RESOLUTION: AUTHORIZING AN ADDITIONAL TIME EXTENSION FOR EXECUTION OF
AN AGREEMENT AND PROVIDING A PERFORMANCE GUARANTEE FOR
THE PUBLIC llVIPROVE~NTS IN THE STAR PONTIAC VEHICLE STORAGE
FACILITY
WHEREAS, a gravel vehicle storage facility was created over three years ago without benefit to
an approved development plan as required by the town's Subdivision and Land Development Regulations
and Zoning Ordinance; and
WHEREAS, subsequently a development plan was submitted and approved by the Planning
Commission; and
WHEREAS, the Council by Resolution No. 89-231 authorized an agreement and performance
guarantee in the amount of $80,250.00 for public improvements associated with the development plan; and
WHEREAS, a phasing plan was approved which limits the area for vehicle storage, provides the
installation of substantial landscaping to screen the lot from adjacent residential property and creates a
swale to improve drainage in the area; and
WHEREAS, the Council by Resolution No. 90-192 approved the phasing plan and a performance
guarantee in the amount of $21,000.00 to guarantee the installation of the landscaping and swale; and
WHEREAS, the owner provided a letter of credit from Farmers and Merchants National Bank in
the amount of $21,000.00 for Phase I to guarantee the installation of Phase I improvements; and
WHEREAS, the installation of the landscaping, fence and swale have been completed and
approved; and
WHEREAS, pursuant to Council Resolution No. 90-193 adopted July 25, 1990 the owner is
required to enter into an agreement to complete all public improvements and provide the $80,250.00
performance guarantee approved by Resolution No. 89-231 on or before January 25, 1991, or remove all
vehicles from the gravel vehicle storage facility; and
A RESOLUTION:
-2-
AUTHORIZING AN ADDITIONAL TIME EXTENSION FOR EXECUTION OF
AN AGREEMENT AND PROVIDING A PERFORMANCE GUARANTEE FOR
THE PUBLIC IMPROVEMENTS IN THE STAR PONTIAC VEHICLE STORAGE
FACILITY
WHEREAS, because of economic conditions, the Town Council on February 12, 1991, adopted
Resolution No. 91-38 authorizing a one year time extension to the January 25, 1991 deadline set by
Resolution No. 90-193; and
WHEREAS, the owner has requested an additional one year time extension because of poor
economic conditions.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A one year time extension for execution of the contract for installation of public
improvement (PC-2) and providing the performance guarantee is hereby approved with the condition
described in Section II. Therefore, on or before January 25, 1993, the owner shall be required to enter
into the agreement and provide the performance guarantee as authorized pursuant to Resolution No. 89-
231 or remove all vehicles from the gravel vehicle storage area.
SECTION II. Additional landscaping consisting of approximately one (1) sycamore tree and four
(4) Austrian pipe trees, in accordance with the approved landscaping plan, shall be installed adjacent to
the Lininger property prior to July 1, 1992.
PASSED this 28th
ATTEST:
Clerk of Council
r:star
day of
April , 1992.
Town of Leesburg