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HomeMy Public PortalAbout1996_12_04_R263 The own of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: PRESENTED December 4, 1996 96-263 ADOPTED December 4, 1996 AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE DRY MILL TOWNHOUSE SUBDIVISION WHEREAS, Council Resolution #95-240, adopted November 28, 1995, authorized an agreement with KL Olde Towne, LLC for installation of public improvements and approved water and sewer extension permits for the Dry Mill Townhouse Subdivision; and WHEREAS, the developer, KL Olde Towne, LLC, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for the Dry Mill Townhouse Subdivision cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, the estimated cost to install the public improvements shown on the approved construction drawings for the Dry Mill Townhouse Subdivision has been approved by the Director of Engineering and Public Works at $85,339.00; and WHEREAS, KL Olde Towne, LLC proposes to provide a letter of credit from Ohio Savings Bank in the amount of $85,339.00 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for the Dry Mill Townhouse Subdivision. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for the Dry Mill Townhouse Subdivision. SECTION II. A letter of credit in a form approved by the Town Attorney from Ohio Savings Bank in the amount of $85,339.00 is approved a security to guarantee installation of public improvements shown on plans approved by the Director of Engineering and Public Works for the Dry Mill Townhouse Subdivision. RESOLUTION: -2- AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE DRY MILL TOWNHOUSE SUBDIVISION SECTION III. The contract for installation of public improvements authorized by Resolution//95-240 will be cancelled after the new contract and performance guarantee approved in Sections I and II above are executed and in effect. PASSED this 4th day of December , 1996. ATTEST: Clerk of Council ooweS E. Clem, Mayor n of Leesburg R:drymill. res