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HomeMy Public PortalAbout2001_09_25_r151The Town of l .eesburg, lrglnla RESOLUTION NO. A RESOLUTION: PRESENTED September 25, 2001 2001-151 ADOPTED September 25, 2001 MAKING A REDUCTION OF THE PERFORMANCE GUARANTEES FOR PUBLIC IMPROVEMENTS INSTALLED SUBDIVISION PHASE 2A AND PERFORMANCE GUARANTEES FOR SUBDIVISION PHASE 2A AND PHASE 2B IN DRY MILL TOWNHOUSE APPROVING SUBSTITUTE DRY MILL TOWNHOUSE WHEREAS, Council Resolution #200046 adopted on February 23, 2000 approved corporate surety bonds from the Amwest Surety Insurance Company in the amount of $137,958.76 for Phase 2A and $64,737.75 for Phase 2B; and WHEREAS, on June 29, 2001 the Town of Leesburg received notice that the Amwest Surety Insurance Company became the subject of an Order of Liquidation, Declaration of Insolvency, and Injunction and all bonds have been cancelled; and WHEREAS, KL Olde Towne, LLC, the developer of the Dry Mill Townhouse Subdivision Phase 2A and Phase 2B has requested that the Town Council accept corporate surety bonds from the Lumbermens Mutual Casualty Company as replacements for the corporate surety bonds from the Amwest Surety Insurance Company and is requesting approval of the same; and WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Dry Mill Townhouse Subdivision Phase 2A and certified that the value of work performed is $97,184.00; and WHEREAS, the Director of Engineering and Public Works recommends reducing the performance guarantee for public improvements in Dry Mill Townhouse Subdivision Phase 2A and approval of substitute performance guarantees for Dry Mill Townhouse Subdivision Phases 2A and 2B. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The bond amount for Dry Mill Townhouse Subdivision Phase 2A in the amount of $97,184.00 is reduced to $40,775.00. A RESOLUTION: -2- MAKING A REDUCTION OF THE PERFORMANCE GUARANTEES FOR PUBLIC IMPROVEMENTS INSTALLED IN DRY MILL TOWNHOUSE SUBDIVISION PHASE 2A AND APPROVING SUBSTITUTE PERFORMANCE GUARANTEES FOR DRY MILL TOWNHOUSE SUBDIVISION PHASE 2A AND PHASE 2B SECTION II. The substitute corporate surety bonds from the Lumbermens Mutual Casualty Company in the amount of $40,775.00 for Dry Mill Townhouse Subdivision Phase 2A and $64,737.75 for Phase 2B in a form approved by the town attorney are approved. SECTION 1II. The corporate surety bonds from the Amwest Surety Insurance Company in the amount of $137,958.76 for Phase 2A; and $64,737.75 for Phase 2B are released contingent upon approval by the town attorney of the substitute corporate surety bonds from the Lumbermens Mutual Casualty Company. SECTION IV. The town manager shall notify the developer that liability for corporate surety bond funds has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Dry Mill Townhouse Subdivision Phase 2A. PASSED this 25th day °f September 2001' ~x~ ~'~ B.JYW~b, Mayor Town pf Leesburg A/T, jTEST: ~erk of Council R:DryMilI2A2B