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HomeMy Public PortalAbout1992_11_24_R236The Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: PRESENTED November 24, 92-236 ADOPTED November 24, ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE BATTLEFIELD SHOPPING CENTER SANITARY SEWER OUTFALL WHEREAS, Fort Evans-Beverly Road Associates, the developer of the Battlefield Shopping Center Sanitary Sewer Outfall, has completed the public improvements in accordance with approved plans and Wwn standards, and these have been inspected and approved; and WHEREAS, the developer of Battlefield Shopping Center must provide the town a performance guarantee in the amount of $143,000.00 to guarantee improvements to the existing Cattail Branch Sewage Pumping Station and a performance guarantee in the amount of $115,621.00 to guarantee their participation in the Sewer Construction Agreement, as required by Resolution 90-226 adopted on September 12, 1990. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The public improvements installed at Battlefield Shopping Center are hereby accepted and a maintenance guarantee in a form approved by the town attorney in the amount of $10,200.00 is approved and shall be in effect for a period of one year from this date. SECTION II. The irrevocable letter of credit from Nations Bank in the amount of $40,800.00 shall not be released until the performance guarantees required by Resolution 90-226, adopted on September 12, 1990, are provided and approved by the Town Attorney. SECTION HI. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. PASSED this 24th day of November , 1992. ATTEST: /James E. Clem, Mayor Town of Leesburg 1992 1992