HomeMy Public PortalAbout2002_07_09_r137The Town of
Leesburg,
Virginia
PRESENTED ~fl_y._9,_21)~
RESOLUTION NO. 2 0 0 2 - ! 3 7 ADOPTED ~tl.y_9,_213132
A RESOLUTION: AUTHORIZING ACCEPTANCE OF A CASH PAYMENT IN LIEU OF A
PERFORMANCE BOND FOR CONSTRUCTION OF IMPROVEMENTS
TO A PORTION OF BATTI.EFIELD PARKWAY
WHEREAS, in the approved rczoning plan for the Kincaid Forest Planned Residential
Neighborhood (#ZM-110), the applicant proffered to post a performance bond and an agreement
based on a preliminary bridge design for construction of that portion of Battlefield Parkway from its
intersection with Kincaid Boulevard to the bridge structure over the W&OD Trail; and
WHEREAS, the Robert B. Jordan Companies desire to post a one-time cash payment in
lieu of posting the performance bond and agreement for such improvements; and
WHEREAS, Section 15.2-2299 of the Code of Virginia authorizes the zoning administrator
to enforce conditions attached to a zoning map amendment by requiring a guarantee, satisfactory to
the governing body, in an amount sufficient and conditioned upon the construction of any physical
improvements required by the conditions; 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; and
WHEREAS, the Town Council believes that a cash payment satisfies the meaning and
intent of Proffer #1 of #ZM-110 with regard to that portion of Battlefield Parkway from its
intersection with Kincaid Boulevard to the bridge structure over the W&OD Trail, and will ensure
timely completion of the specified improvements.
TI-IEREFORE, RESOLVED by the Council of the Town L~esburg in Virginia as follows:
.2-
RESOLUTION: AUTHORIZING ACCEPTANCE OF A CASH GUARANTEE IN LIEU OF A
PERFORMANCE BOND FOR CONSTRUCTION OF IMPROVEMENTS TO
A PORTION OF BATTLEFIELD PARKWAY
SECTION I. The zoning administrator shall accept the cash payment in the amount of
$872,659.00 to guarantee the construction of public road improvements consisting of that portion of
Battlefield Parkway from its intersection with Kincaid Boulevard to the bridge structure over the
W&OD Trail as set forth in Proffer #1 of #ZM-110.
PASSED this 9th day of JaxIy_2002.
Town of Leesburg
ATTEST:
{21erk of Council- -
R02:zm-110-proffer 1