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HomeMy Public PortalAbout2000_01_26_r019The Town of Leesburg, _ Virginia RESOLUTION NO. A RESOLUTION: PRESENTED January 26, 2000 2000-19 ADOPTED January 26, 2000 APPROVING SUBSTITUTE PERFORMANCE GUARANTEES FOR SYCAMORE I-Ill J. PHASE I OFFSITE STORMWATER MANAGEMENT POND, RECREATION CENTER, PHASE I SECTIONS 1, 2, AND 3, PHASE II SECTION 1 AND 2 AND RELEASING THE LETTERS OF CREDIT FROM OHIO SAVINGS BANK AND MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTAIJ.ED IN SYCAMORE HILL PHASE I SECTION 1 WHEREAS, letters of credit issued by the Ohio Savings Bank are currently in place for Sycamore Hill Phase I Sections 1, 2 and 3, Phase II Sections 1 and 2, the Recreation Center and the Stormwater Management Pond; and WHEREAS, BRE/Sycamore Hill L.L.C., the developers of the Sycamore Hill development have requested that the letters of credit issued by Ohio Savings Bank be replaced with cash bonds in the following amounts: ; and Sycamore Hill Sycamore Hill Sycamore Hill Sycamore Hill Sycamore Hill Sycamore Hill Sycamore Hill Phase I Section 1 .............. $174,969.00 Phase I Section 2 .............. $ Phase I Section 3 .............. $ Phase II Section 1 ............. $ Phase li Section 2 ............. $ Recreation Center ............. $ SWMP .......................... $ 33,058.00 49,545.00 55,749.00 25,997.00 9,502.70 8,086.30 WHEREAS, Sycamore Hill Phase I Section 1 completed a small amount of the public improvements and has requested a reduction of the performance guarantee; and WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Sycamore Hill Phase I Section 1 and certified that the value of work performed is $46,718.00; and A RESOLUTION: -2- APPROVING SUBSTITUTE PERFORMANCE GUARANTEES FOR SYCAMORE HII.L PHASE I OFFSITE STORMWATER MANAGEMENT POND, RECREATION CENTER, PHASE I SECTIONS 1, 2, AND 3, PHASE II SECTION 1 AND 2 AND RELEASING THE LETTERS OF CREDIT FROM OI-IIO SAVINGS BANK AND MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE H2,L PHASE I SECTION 1 WHEREAS, a letter of credit in the amount of $221,687.00 from the Ohio Savings Bank was provided by the developer and approved by the Council to guarantee installation of public improvements for Sycamore Hill Phase I Section 1; and WHEREAS, the Director of Engineering and Public Works recommends approval of cash bonds for the Sycamore Hill Phase I Sections 1, 2 and 3, Phase II Sections 1 and 2, the Recreation Center and the Stormwater Management Pond; and WHEREAS, the Director of Finance recommends approval of cash bonds for Sycamore Hill Phase I Sections 1, 2 and 3, Phase II Sections 1 and 2, the Recreation Center and the Stormwater Management Pond with the condition that the interest paid to the developer shall be the amount generated by market rate interest as earned by the Town; and WHEREAS, the Director of Engineering and Public Works recommends that the performance guarantee for Sycamore Hill Phase I Section 1 in the amount of $221,687.00 be reduced to $174,969.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from the Ohio Savings Bank in the amount of $221,687 for Sycamore Hill Phase I Section 1 is hereby reduced to $174,969.00. SECTION II. The Town Manager shall notify the developer that liability for letter of credit has been reduced as outlined in Section I of this resolution and that this reduction does not A RESOLUTION: -3- APPROVING SUBSTITUTE PERFORMANCE GUARANTEES FOR SYCAMORE HILL PHASE I OFFSITE STORMWATER MANAGEMENT POND, RECREATION CENTER, PHASE I SECTIONS 1, 2, AND 3, PHASE II SECTION 1 AND 2 AND RELEASING THE LETTERS OF CREDIT FROM OHIO SAVINGS BANK AND MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTAIJ~ED IN SYCAMORE HILL PHASE I SECTION 1 constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Sycamore Hill Phase I Section 1. SECTION llI. Cash bonds to replace letters of credit issued by Ohio Savings Bank for the following sections of Sycamore Hill Development in the amounts indicated are hereby approved: Sycamore Hill Sycamore Hill Sycamore Hill Sycamore Hill Sycamore Hill Sycamore Hill Sycamore Hill Phase I Section 1 .............. $174,969.00 Phase I Section 2 .............. $ Phase I Section 3 .............. $ Phase II Section 1 ............. $ Phase II Section 2 ............. $ Recreation Center ............. $ SWMP .......................... $ 33,058.O0 49,545.00 55,749.00 25,997.00 9,502.70 8,086.30 SECTION IV. Acceptance of cash bonds to replace the letters of credit issued by Ohio Savings Bank for Sycamore Hill is conditioned upon an amendment to the contracts for Installation of Public Improvements between the town and the developer stating that if a cash escrow is posted as the performance guarantee, the funds on deposit shall generate market rate interest, as earned by the town. PASSED this 26th day of January 2000. Clerk of Council mes E. Clem, Mayor Town of Leesburg r:SycamoreDevelopment