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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