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HomeMy Public PortalAbout2010_10_13_R134 - Subs. Perf. Guar. Oaklawn at Stratford D 001The Town of Leesburg, irginia PRESENTED October 13, 2010 RESOLUTION NO. 2010-134 ADOPTED October 13, 2010 A RESOLUTION: APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR OAKLAWN AT STRATFORD - LANDBAY "D" WHEREAS, Council Resolution #2008-55 adopted on April 8, 2008, approved an irrevocable letter of credit from Wachovia Bank in the amount of $941,000 to guarantee the public improvements for Oaklawm a[ Stratford -Landbay "D"; and WHEREAS, Council Resolution #2010-003 adopted on January 12, 2010, approved a reduction of the letter of credit from Wachovia Bank to the current amount of $502,000; and WHEREAS, Oaklawn Development Partners, LLC, the developer of Oaklawn at Stratford -Landbay "D" has requested to replace the previously approved letter of credit with a cash bond in [he amount of $502,000 for Oaklawn at Stratford -Landbay "D" and is requesting approval of the same; and WHEREAS, the Director of Public Works recommends approval of a substitute performance guarantee for Oaklawn at Stratford -Landbay "D". THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION 1. The substitute cash bond in [he amount of $502,000 is approved to guarantee the public improvements shown on plans approved by the Director of Plan Review. SECTION II. The letter of credit from Wachovia Bank in [he current amount of $502,000 for Oaklawn a[ Stratford -Landbay "D" is released contingent upon receipt of the substitute cash bond in the amount of $502,000. -2- A RESOLUTION: APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR OAKLAWN AT STRATFORD - LANDBAY "D" SECTION III. Acceptance of a cash bond to replace the letter of credit issued by Wachovia Bank for Oaklawn a[ Stratford -Landbay "D" is conditioned upon an amendment to the Contract for Installation of Public Improvements between the Town and developer stating [hat if a cash escrow is posted as [he performance guarantee, the funds on deposit shall generate mazke[ rate interest as earned by the Town. PASSED this 13'^ day of October 2010. is eC~d, Mayor Town of Leesburg A ES Clerk ofC ci P:U2esolurionsUtcsoWrions 2010\1013 Oaklawn ar Std rd Landbay D Bond Subniwse.doc