HomeMy Public PortalAbout1996_03_12_R049 The Town of
Leesburg,
! Virg· ·
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RESOLUTION NO.
A RESOLUTION:
PRESENTED March 12, 1996
96-49 ADOPTED March 12, 1996
AUTHORIZING AN ADDITIONAL TI ME EXTENS ION FO R EXECUTI O N
OF AN AGREEMENT AND PROVIDING A PERFORMANCE
GUARANTEE FOR THE PUBLIC IMPROVEMENTS IN THE STAR
PONTIAC 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 Farms 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
pertbrmance guarantee approved by Resolution No. 89-231 on or before January 25, 1991; and
RESOLUTION:
-2-
AUTHORIZING AN ADDITIONAL TIME EXTENSION FO R 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 adopted Resolution 91-38, 92-53,
93-26 and 94-24 authorizing time extensions to January 25, 1996; and
WHEREAS, the additional landscaping required by 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 tbllows:
A two year time extension for execution of the contract for installation of public improvements
(PC-2) and approving a performance guarantee is hereby approved. Therefore, on or before January 25,
1998, 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
12th day of
ATTEST:
Clerk of Council
March , 1996.
Ja~t'es E. Clem, Mayor
T6wn of Leesburg
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