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HomeMy Public PortalAbout2000_02_23_r046 The Town of eesburg, '-.irginia RESOLUTION NO. A RESOLUTION: 2000-46 PRESENTED February 23, 2000 ADOPTED February 23, 2000 AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR DRY MILL TOWNHOUSE SUBDIVISION PHASE 2A AND PHASE 2B WHEREAS, Council Resolution//99-273 and #99-274, adopted on September 14, 1999, authorized an agreement for installation of public improvements and approved water and sewer extension permits for Dry Mill Townhouse Subdivision Phase 2A and Phase 2B; and WHEREAS, the developer, KL Olde Town LLC, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for Dry Mill Townhouse Subdivision Phase 2A and Phase 2B 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 Dry Mill Townhouse Subdivision Phase 2A is $137,958.76 and for Phase 2B is $64,737.75; and WHEREAS, the developer proposes to provide corporate surety bonds from Amwest Surety Insurance Company in the amount of $137,958.76 for Phase 2A and $67,737.75 for Phase 2B; and WHEREAS, the Director of Engineering and Public Works recommends approval of a contract for installation of public improvements and acceptance of a performance guarantee for Dry Mill Townhouse Subdivision Phase 2A and Phase 2B. -2- A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR DRY MILL TOWNHOUSE SUBDIVISION PHASE 2A AND PHASE 2B THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Dry Mill Townhouse Subdivision Phase 2A and Phase 2B. SECTION II. The corporate surety bonds in a form approved by the Town Attorney from Amwest Surety Insurance Company in the amount of $137,958.76 for Phase 2A and $64,737.75 for Phase 2B are approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Dry Mill Townhouse Subdivision Phase 2A and Phase 2B. SECTION III. The contracts for installation of public improvements authorized by Resolutions #99-273 and #99-274 will be cancelled after the new contracts and performance guarantees approved in Sections I and II above are executed and in effect. PASSED this 23rd day of February 2000. ATTEST: Clerk of (2ouncil,~ Jafnes E. Clem, Mayor Town of Leesburg R:DryMilI2A&2B