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HomeMy Public PortalAbout1997_02_11_R029The Town of Leesburg, rg ma RESOLUTION NO. A RESOLUTION: PRESENTED February 11, 1997 97-29 ADOPTED February 11, 1997 MAKING A REDUCTION, OF THE PERFORMANCE GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 3 WHEREAS, Pulte Home Corporation, the developer of Exeter Section 3, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements and previously approved time extensions; and WHEREAS, the developer has requested a time extension to April 15, 1997 to complete the public improvements; and WHEREAS, a letter of credit in the amount of $1,515,253.00 from NationsBank was provided by the developer and approved by the Council to guarantee installation of public improvements for Exeter Section 3, and this letter of credit was reduced to $968,573.00 by Resolution//91-238 adopted October 22, 1991 and $303,050.60 by Resolution #93-235 adopted on December 14, 1993; and WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Exeter Section 3 and certified that the value of work performed is $151,525.50; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $151,525.50 to guarantee installation of the remaining public improvements in Exeter Section 3. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from NationsBank in the current amount of $303,051.00 is reduced to $151,525.50 and is approved to guarantee the installation of public improvements for Exeter Section 3. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance RESOLUTION: -2- MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 3 of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Exeter Section 3. SECTION III. A time extension to April 15, 1997 for the installation of the remaining public improvements is hereby approved for Exeter Section 3. PASSED this 11 th day of ATTEST: Clerk of Council February , 1997. · Clem, Mayor of Leesburg R:exeter3.res