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HomeMy Public PortalAbout2004_08_10_r132The Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: 2004-132 PRESENTED August 10, 2004 ADOPTED August 10, 2004 AUTHORIZING AGREEMENT AND APPROVING PERFORMANCE GUARANTEES AND WATER AND SEWER EXTENSION PERMITS FOR RIVER CREEK PHASE VII, SECTIONS 4A AND 4C TO REPLACE THE AGREEMENT AND CORPORATE SURETY BOND FROM FIDELITY AND DEPOSIT COMPANY OF MARYLAND FOR RIVER CREEK PHASE VII, SECTION 4 WHEREAS, River Creek L.L.C., the developer of River Creek Phase VII, Sections 4A and 4C has requested approval of corporate surety bonds from the Fidelity and Insurance Company of Maryland in the amount of $176,458.30 for Section 4A, and $54,045.20 for Section 4C to guarantee the public improvements; and WHEREAS, Council Resolution #2001-47 approved a corporate surety bond from the Fidelity and Deposit Company in the amount of $222,494.80 as security to guarantee installation of public improvements by River Creek, L.L.C., as shown on plans approved by the Director of Engineering and Public Works for River Creek Phase VII, Section 4; and WHEREAS, the developer has revised the limits of Phase VII, Section 4 and has requested to replace the agreement and previously approved corporate surety bond from Fidelity and Deposit Company of Maryland for River Creek, VII Section 4 with new agreements and corporate surety bonds from the Fidelity and Deposit Company of Maryland in the amount of $176,458.30 for Phase VII, Section 4A, and in the amount of $54,045.20 for Phase VII, Section 4C to guarantee the public improvements; and WHEREAS, the Director of Engineering and Public Works recommends approval of contracts for installation of public improvements and acceptance of a performance guarantees for River Creek Phase VII, Sections 4A and 4C to replace the agreement and corporate surety bond fi.om Fidelity and Deposit Company of Maryland for River Creek Phase VII, Section 4. A RESOLUTION: -2- AUTHORIZING AGREEMENT AND APPROVING PERFORMANCE GUARANTEES AND WATER AND SEWER EXTENSION PERMITS FOR RIVER CREEK PHASE VII, SECTIONS 4A AND 4C TO REPLACE THE AGREEMENT AND CORPORATE SURETY BOND FROM FIDELITY AND DEPOSIT COMPANY OF MARYLAND FOR RIVER CREEK PHASE VII, SECTION 4 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute contracts for public improvements with River Creek, L.L.C., for the improvements shown on plans approved by the Director of Engineering and Public Works for the River Creek Phase VII, Sections 4A and 4C. SECTION II. The corporate surety bonds from the Fidelity and Deposit Company of Maryland in the amount of $176,458.30 for Phase VII, Section 4A, and in the amount of $54,045.20 for Phase VII, Section 4C in a form approved by the Town Attorney are approved. SECTION llI. The agreement and corporate surety bond from the Fidelity and Insurance Company of Maryland provided by River Creek, L.L.C., in the amount of $222,494.80 for River Creek Phase VII, Section 4 are released contingent upon approval by the Town Attorney of the new agreements and corporate surety bonds from the Fidelity and Deposit Company of Maryland provided by River Creek, L.L.C. for River Creek Phase VII, Sections 4A and 4C. PASSED this 10ta day of August 2004. A~T)EST: ~C. u~mstattd, Mayo~'~ Town of Leesburg R04:RiverCrk4A4C RoplAgrratBnd