Loading...
HomeMy Public PortalAbout2007_09_25_r133 The Town of Leesburg, Virginia PRESENTED September 25. 2007 RESOLUTION NO. 2007-133 ADOPTED September 25. 2007 A RESOLUTION: AUTHORIZING A PERFORMANCE AND PROFFER COMPLIANCE AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR COMPLETION OF THE INTERCHANGE AT THE INSTERSECTION OF EAST MARKET STREET (ROUTE 7), RIVERCREEK P ARKW A Y AND CROSSTRAIL BOULEVARD WHEREAS, in the approved plan for the Village at Leesburg (#ZM-2004-2005), the applicant has proffered to construct an interchange at the intersection of East Market Street and Crosstrail Boulevard (on the south) and River Creek Parkway (on the north); and WHEREAS, Carlyle/Cypress Leesburg I, LLC and Springfield East, L.C., the developers, request approval of a performance guarantee for such public improvements in order to proceed with construction of the interchange and guarantee compliance with Proffer LE.1.a of the approved proffer statement for the Village at Leesburg in Ordinance No. 2005-0-16 dated November 8, 2005; and WHEREAS, Section 15.2-2299 of the Code of Virginia authorizes the zomng 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 -2- A RESOLUTION: AUTHORIZING A PERFORMANCE AND PROFFER COMPLIANCE AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR COMPLETION OF THE INTERCHANGE AT THE INSTERSECTION OF EAST MARKET STREET (ROUTE 7), RIVERCREEK P ARKW A Y AND CROSSTRAIL BOULEVARD WHEREAS, the Zoning Administrator believes that a corporate surety bond III a sufficient amount is satisfactory and will ensure the timely completion of the specified improvements in Proffer I.E.I.a of Ordinance No. 2005-0-16; and WHEREAS, the developers have requested approval of a corporate surety bond issued by Federal Insurance Company in the amount of $31,846,000.00 to guarantee the completion of the interchange; and WHEREAS, the Director of Engineering and Public Works and the Zoning Administrator recommend approval of a Performance and Proffer Compliance Contract and acceptance of the corporate surety bond in the amount of $31 ,846,000.00 issued by Federal Insurance Company; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall execute the Performance and Proffer Compliance contract in a form approved by the Town Attorney for the improvements shown on the plans approved by the Director of Engineering and Public Works, VDOT and Loudoun County for the East Market Street and Crosstrail Boulevard and River Creek Parkway interchange. SECTION II. A corporate surety bond issued by Federal Insurance Company in the amount of $31,846,000.00 is approved as security to guarantee installation of the public improvements required by Proffer I.E.l.a of Ordinance No. 2005-0-16, shown on plans approved by the Director of Engineering and Public Works, VDOT and Loudoun County for the East Market Street and Crosstrail Boulevard and River Creek Parkway interchange. -3- A RESOLUTION: AUTHORIZING A PERFORMANCE AND PROFFER COMPLIANCE AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR COMPLETION OF THE INTERCHANGE AT THE INSTERSECTION OF EAST MARKET STREET (ROUTE 7), RIVERCREEK P ARKW A Y AND CROSSTRAIL BOULEVARD PASSED this 25th day of September 2007. ATTEST: ~C\~, ~. ~~ttd. Mayor ? Town of Leesburg t(). d /i4d; erk of Council R07:East Market St-River Creek Pkway - Crosstrail Blvd