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HomeMy Public PortalAbout1997_01_28_R024The Town of Leesburg, rglma PRESENTED January 28, 1997 RESOLUTION NO. 97-24 ADOPTED January 28, 1997 A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR COMPLETION OF A CONSTRUCTION ACCESS ROAD FROM RIVER CREEK PARKWAY TO THE POTOMAC STATION MIDDLE SCHOOL WHEREAS, #ZM-147 Potomac Station Proffer #5. a. requires the applicant to construct an all-weather gravel surface construction road from River Creek Parkway (Route 653 Extended) to the main entrance to the Potomac Station Middle School site; and WHEREAS, in order to ensure that the proffered access road is built in accordance with the plans, the applicant must post a bond and enter into a performance agreement; and WHEREAS, Goose Creek Communities, L.L.C., developer of Potomac Station, requests approval of a performance guarantee for the proffered improvements in order to proceed with construction of the access road to the school site; 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 the improvements shown on the construction plans as approved by the Director of Engineering and Public Works for the construction access road within Potomac Station. SECTION II. The corporate surety bond in a form approved by the Town Attorney from the Frontier Insurance Company in the amount of $72,000.00 is approved as security to guarantee installation of the proffered improvements shown on the construction plans under review by the Director of Engineering and Public Works for the construction access road within Potomac Station. -2- SECTION III. The construction access road providing access to the middle school site must be completed no later than August 7, 1997. If the access road is not completed by that date despite the exercise of due diligence by the applicant to complete construction, than Goose Creek Communities, L.L.C., may request a reasonable time extension from the Town Council. PASSED this 28th day of January ATTEST: Clerk of Council , 1996. · Clem, Mayor Town of Leesburg R: PotStMSA. res