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HomeMy Public PortalAbout2003_09_23_r127The Town of Leesburg, rgtnta RESOLUTION NO. A RESOLUTION: PRESENTED September 23, 2003 2003=127 ADOPTED September 23, 2003 AUTHORIZING A NEW AGREEMENT AND APPROVING A NEW PERFORMANCE GUARANTI:rJ~. AND CANCELLING THE CURRENT AGREEMENT AND RELEASING THE CURRENT CORPORATE SURETY BOND FROM TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA FOR STRATFORD LANDBAY E WHEREAS, On December 10, 2002 the Leesburg Town Council adopted Resolution #2002-192 that authorized an agreement and water and sewer extension permits and approved a performance guarantee in the amount of $207,753.15 to guarantee the installation of public improvements in Stratford Landbay E; and WHEREAS, Ameriton Properties, Inc., the developer of Stratford Landbay E submitted an agreement dated December 11, 2002, along with a corporate surety bond from Travelers Casualty and Surety Company of America in the amount of $207,753.15; and WHEREAS, no construction work has started on this project and the developer, Ameriton Properties, Inc., has submitted major revisions to the final construction drawings redesigning portion to the site, which have been recommended for approval; and WHEREAS, Ameriton PropertieS, Inc., has requested approval of a new corporate surety bond from the Travelers Casualty and Surety Company of America in the amount of $245,308.25 to replace the corporate surety bond issued by Travelers Casualty and Surety Company of America in the amount of $207,753.15; and WHEREAS, the Director of Engineering and Public Works recommends approval of a new contract and acceptance of the new corporate surety bond from the Travelers Casualty and Surety Company of America. A RESOLUTION: -2- AUTHORIZING A NEW AGREEMENT AND APPROVING A NEW PERFORMANCE GUARANTEE AND CANCELLING THE CURRENT AGREEMENT AND RELEASING THE CURRENT CORPORATE SURETY BOND FROM TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA FOR STRATFORD LANDBAY E THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute a new contract for public improvements with Ameriton Properties, Inc., for the improvements shown on plans approved by the Director of Engineering and Public Works for the Stratford Landhay E. SECTION II. The new corporate surety bond from the Travelers Casualty and Surety Company of America in the amount of $245,308.25 in a form approved by the Town Attorney is approved. SECTION IH. The corporate surety bond from the Travelers Casualty and Surety Company of America in the amount of $207,753.15 is released contingent upon approval by the Town Attorney of the substitute corporate surety bond from the Travelers Casualty and Surety Company of America in the amount of $245,308.25. SECTION IV. The current contract dated December 11, 2002 is cancelled upon the execution of the new contract authorized in Section I above. PASSED this 23~ day of September 2003. ATTEST: f Council ~n C. l~lmstatid,-Mayor ~ Town of Leesburg R03:Slratford Landbay E ReplCn~Bnd