Loading...
HomeMy Public PortalAbout2007_12_11_r173 Amending Reso 2007-133 The Town of Leesburg, Virginia PRESENTED: December 11. 2007 RESOLUTION NO. 2007-173 ADOPTED: December 11.2007 A RESOLUTION: AMENDING RESOLUTION #2007-133 BY APPROVING A REDUCTION OF THE PERFORMANCE GUARANTEE AMOUNT, AND APPROVING SUBSTITUTE PERFORMANCE GUARANTEES FOR COMPLETION OF THE INTERCHANGE AT THE INTERSECTION OF EAST MARKET STREET (ROUTE 7), RIVERCREEK P ARKW A Y, AND CROSST AIL BOULEVARD WHEREAS, Council Resolution #2007-133 adopted on September 25, 2007, authorized a Performance and Proffer Compliance Agreement and approved a performance guarantee from the Federal Insurance Company in the amount of $31,846,000 as security to guarantee the installation of public improvement proffers at the East Market Street (Route 7), River Creek Parkway Interchange and Crosstrail Boulevard; and WHEREAS, Carlyle/Cypress Leesburg I, LLC, and Springfield East, L.C., the developers, have requested approval of corporate surety bonds form the Lexon Insurance Company instead of the previously approved corporate surety bond issued by Federal Insurance Company in the amount of$31,846,00 to guarantee the completion of the interchange; and WHEREAS, the original bond estimate for the interchange has been revised by changing the fill material from off-site borrow to on-site borrow from the approved and bonded Russell Branch Parkway East site resulting in a lowering of the bond estimate by $8,263,538 to $23,502,462; and WHEREAS, the developers have requested a reduction of the revised bond amount based on work completed on the bridge over East Market Street (Route 7) using the approved and bonded Interim Grading and Utility Plan and this work has been reviewed and inspected and is certified at $1,853,165; and -2- A RESOLUTION: AMENDING RESOLUTION #2007-133 APPROVING A REDUCTION OF THE PERFORMANCE GUARANTEE AMOUNT, AND APPROVING SUBSTITUTE PERFORMANCE GUARANTEES FOR COMPLETION OF THE INTERCHANGE AT THE INTERSECTION OF EAST MARKET STREET (ROUTE 7), RIVERCREEK P ARKW A Y, AND CROSST AIL BOULEVARD WHEREAS, the Director of Engineering and Public Works recommends reducing the performance guarantee for public improvements installed at the East Market Street (Route 7), River Creek Parkway and Crosstrail Boulevard Interchange; and WHEREAS, Lexon Insurance Company will provide four (4) corporate surety bonds totaling $21,768,000 to guarantee installation of the public improvements required by Proffer I.E. 1 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 (Route 7), River Creek Parkway and Crosstrail Boulevard Interchange; and WHEREAS, the Director of Engineering and Public Works and Zoning Administrator recommend acceptance of four (4) corporate surety bonds in the total amount of $21,768,000 issued by Lexon Insurance Company. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SCETION I The revised performance guarantee amount of $23,582,462 is approved for the interchange at the intersection of East Market Street (Route 7), River Creek Parkway, and Crosstrail Boulevard. SECTION II The performance guarantee amount for the interchange at the intersection of East Market Street (Route 7), River Creek Parkway, and Crosstrail Boulevard in the amount of $23,582,462 is reduced to $21,729,297. SECTION III The Town Manager shall notify the developers that liability for corporate surety bond funds has been reduced as outlined in Section II of this resolution and that this -3- A RESOLUTION: AMENDING RESOLUTION #2007-133 APPROVING A REDUCTION OF THE PERFORMANCE GUARANTEE AMOUNT, AND APPROVING SUBSTITUTE PERFORMANCE GUARANTEES FOR COMPLETION OF THE INTERCHANGE AT THE INTERSECTION OF EAST MARKET STREET (ROUTE 7), RIVERCREEK P ARKW A Y, AND CROSST AIL BOULEVARD reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibilities outlined in the Performance and Proffer Compliance Agreement for the interchange at East Market Street (Route 7), River Creek Parkway, and Crosstrail Boulevard. SECTION IV Four (4) corporate surety bonds from the Lexon Insurance Company in the total amount of$21,768,000 are approved as security to guarantee the installation of the public improvements required by Proffer I.E. 1 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 (Route 7), River Creek Parkway, and Crosstrail Boulevard interchange instead of the previously approved corporate surety bond from Federal Insurance Company in the amount of $31 ,846,000. PASSED this 11th day of December 2007. ~().~~ . n C. U stattd, Mayor Town of Leesburg ATTEST: 07: InterchangeMarket,R vrcrkPkwy,Crosstail81vd.8ondReduction