HomeMy Public PortalAbout1995_12_05_R242 The Town of
Leesburg,
Virginia
RESOLUTION NO.95-242
A RESOLUTION:
PRESENTED December 5, 1995
ADOPTED December 5, 1995
AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR COMPLETIONOF A PUBLIC PARK
WITHIN THE KINCAID FOREST PLANNED RESIDENTIAL
NEIGHBORHOOD
o meS E. Clem, Mayor
wn of Leesburg
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~lerk of C~unCil
form.
PASSED this 5th day of December, 1995.
WHEREAS, in the approved rezoning plan for Kincaid Forest (ZM-110), the applicant proffered
to convey a 6.23-acre park and specific recreation facilities to be completed with the first phase of
development; and
WHEREAS, First Potomac Development Company requests approval of a performance
guarantee for the public improvements in order to proceed with developing lots within the second phase
of the subdivision; and
WHEREAS, Section 13-92(a)(3) of the Subdivision and Land Development Regulations provides
the authority to accept bonding for improvements proffered as part of any zoning map amendment.
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute the contract for public improvements for the
improvements shown on the construction plans as approved by the Director of Engineering and Public
Works for the public park within Kincaid Forest.
SECTION II. The corporate surety bond in a form approved by the Town Attorney from the
American Motorist Insurance Company in the amount of $288,000.00 is approved as security to guarantee
installation of the public improvements shown on the construction plans under review by the Director
of Engineering and Public Works for the public park within Kincaid Forest.
SECTION III. The 6.23 acre park and specific recreation facilities in the Kincaid Forest Public
Park in the Kincaid Forest Planned Residential Neighborhood must be completed no later than June 1,
1996. If the construction drawings are not approved by the Town before February 1, 1996, after due
diligence by the applicant to make corrections to the plans, then First Potomac Development Company
may request a reasonable time extension from the Town Council to resubmit the plan in an approvable