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HomeMy Public PortalAbout1994_05_10_R099 The Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: PRESENTED May 10, 1994 94-99 ADOPTED May 10~ 1994 AUTHORIZINGAGREEMENTSWITH WINCHESTER HOMES, INC. AND APPROVINGPERFORMANCE GUARANTEES FORWOODLEAMANOR PHASE I AND THE BRADFIELD DRIVE CONNECTION AND RELEASING LETTERS OF CREDIT AND CANCELLING CONTRACTS WITH ELM STREET DEVELOPMENT WHEREAS, Council Resolution 89-105 authorized agreements with Elm Street Development and approved letters of credit from HomeFed Bank, F.A. as security to guarantee installation of public improvements in Woodiea Manor Phase I and the Bradfield Drive Connection, as shown on plans approved by the Director of Engineering and Public Works for Woodlea Manor Phase I; and WHEREAS, Winchester Homes, Inc. has a contract with HomeFed Bank and the Resolution Trust Corporation (RTC) to purchase all of Woodlea Manor and proposes to provide new corporate surety bonds issued by Safeco Insurance Company of America as performance guarantees to replace the securities previously approved for Woodlea Manor Phase I and the Bradfield Drive Connection when they become the owner of Woodiea Manor. WHEREAS, the Director of Finance has approved the financial standing of Safeco Insurance Company of America; and WHEREAS, the corporate surety bonds issued by Safeco Insurance Company of America shall be in the amounts of $774,000.00 for Woodlea Manor Phase I and $62,000.00 for the Bradfield Drive Connection and these amounts have been approved by the Director of Engineering and Public Works. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute the contracts for public improvementswith Winchester Homes, Inc. for the improvements shown on plans approved by the Director of Engineering and Public Works for Woodiea Manor Phase I and the Bradfield Drive Connection when Winchester Homes, Inc. becomes the owner and developer of Woodlea Manor. RESOLUTION: -2- AUTHORIZINGAGREEMENTSWITH WINCHESTER HOMES, INC. AND APPROVINGPERFO RMANCE GUARANTEES FORWOODLEAMANOR PHASE 1 AND THE BRADFIELD DRIVE CONNECTION AND RELEASING LETTERS OF CREDIT AND CANCELLING CONTRACTS WITH ELM STREET DEVELOPMENT SECTION II. The initial term of the contracts with Winchester Homes, Inc. for completion of the installation of public improvements shall be one (1) year for Woodlea Manor Phase I and five (5) years for the Bradfield Drive Connection. SECTION III. The corporate surety bonds from Safeco Insurance Company of America in the amounts of $774,000.00 for Woodlea Manor Phase I and $62,000.00 for the Bradfield Drive Connection are approved to guarantee the installation of public improvements in Woodlea Manor as shown on the plans approved by the Director of Engineering and Public Works for Woodlea Manor Phase I. SECTION IV. The letters of credit from HomeFed Bank, F.A. are authorized to be released when the new contracts and performance guarantees provided by Winchester Homes, Inc. are signed and in effect and Winchester Homes, Inc. is the owner and developer of Woodlea Manor. SECTION V. The contracts for installation of public improvements for Woodlea Manor Phase I and the Bradfield Drive Connection dated September 23, 1988 with Elm Street Development (formerly NVLand, Inc.) are authorized to be released when the new contracts and performance guarantees provided by Winchester Homes, Inc. are signed and in effect and Winchester Homes, Inc. is the owner and developer of Woodlea Manor Phase I. PASSED this 10th day of Hay ,1994. ATT~EST: Clerk of Council James E. Clem, Mayor Town of Leesburg R:woodlea.res