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HomeMy Public PortalAbout2009_06_09_R067 - Substitute Perf. Guar. for Paxton Learning Center The Town of Leesburg, Virginia PRESENTED June 9, 2009 ADOPTED June 9. 2009 RESOLUTION NO. 2009-067 A RESOLUTION: APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR THE PAXTON MEMORIAL LEARNING & RESOURCE CAMPUS WHEREAS, Council Resolution #2009-057 adopted on May 27, 2009, approved an irrevocable letter of credit from PNC Bank in the amount of $372,000 to guarantee the public improvements for the Paxton Memorial Learning & Resource Campus; and WHEREAS, The Margaret A. Paxton Memorial for Convalescent Children, the developer of the Paxton Memorial Learning & Resource Campus has requested to replace the previously approved letter of credit with a cash bond in the amount of $372,000 for the Paxton Memorial Learning & Resource Campus and is requesting approval of the same; and WHEREAS, the Director of Public Works recommends approval of a substitute performance guarantee for the Paxton Memorial Learning & Resource Campus. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The substitute cash bond in the amount of $372,000 is approved to guarantee the public improvements shown on plans approved by the Director of Plan Review. SECTION II. The letter of credit from PNC Bank in the amount of $372,000 for the Paxton Memorial Learning & Resource Campus is released contingent upon receipt of the substitute cash bond in the amount of $372,000. SECTION III. Acceptance of a cash bond to replace the letter of credit issued by PNC Bank for the Paxton Memorial Learning & Resource Campus is conditioned upon an amendment to the -2- A RESOLUTION: APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR THE PAXTON MEMORIAL LEARNING & RESOURCE CAMPUS contract for Installation of Public Improvements between the Town and developer stating that if a cash escrow is posted as the performance guarantee, the funds on deposit shall generate market rate interest as earned by the Town. PASSED this 9th day of June, 2009. ~~ Gt~~ . . U stattd, Mayor Town of Leesburg