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HomeMy Public PortalAbout1994_02_08_R024The Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: PRESENTED February 8~ 1994 94-24 ADOPTED February 8~ 1994 AUTHORIZING AN ADD ITIONAL TIME EXTENSION FOR EXECUTION OF AN AGREEMENT AND PROVIDING A PERFORMANCE GUARANTEE FOR THE PUBLIC IMPROVEMENTS IN THE STAR PONTIAC VEHICLE STORAGE FACILITY WHEREAS, a gravel vehicle storage facility was created over five years ago without benefit of 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 has been completed and approved; and WHEREAS, pursuant to Council Resolution No. 90-123 adopted July 25, 1990 the owner was 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; and WHEREAS, because of economic conditions, the Town Council adopted Resolutions 91-38, 92-53 and 93-26 authorizing time extensions to January 25, 1994; and -2- A RESOLUTION: AUTHORIZING AN ADDITIONALTIME EXTENSION FOR EXECUTION OF AN AGREEMENT AND PROVIDING A PERFORMANCE GUARANTEE FOR THE PUBLIC IMPROVEMENTS IN THE STAR PONTIAC VEHICLE STORAGE FACILITY WHEREAS, the additionallandscaping requiredby Council Resolution 92-53 to be installed adjacent the Lininger property was completed; and WHEREAS, the owner has requested an additional two year time extension because of poor economic conditions. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A two year time extension for execution of the contract for installation of public improvements (PC-2) and approving the performance guarantee is hereby approved. Therefore, on or before January 25, 1996, 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. PASSED this 8th day of February , 1994. ATI~ST: Clerk of Counc~ ~) r:star E. Clem, Mayor Town of Leesburg