HomeMy Public PortalAbout2016_12-13_R166 Performance Guarantee for Tavistock Office ParkThe Town of
Leesburg,
Virginia
PRESENTED: December 13. 2016
RESOLUTION NO. 2016-R166
A RESOLUTION:
ADOPTED: December 13. 2016
APPROVING THE RELEASE OF THE PERFORMANCE
GUARANTEE FOR TAVISTOCK OFFICE PARK (TLPF-2004-0025)
IN THE AMOUNT OF S233.000.00 AND APPROVING A DEED OF
VACATION OF EASEMENTS TO THE TOWN
WHEREAS. Gary and Barbara Samuels were the original applicants and owners of a
certain parcel of land named "Tavistock Office Park" and located in the Town of Leesburg.
Loudoun County Land Records, PIN 191-36-1377 (the "Subject Property"); and
WHEREAS, in order to obtain final site plan approval (TLPF-2004-0025) for their
commercial/office development of the Subject Property, Gary and Barbara Samuels conveyed
certain areas of right of way and easements to the Town in August of 2009 by way of a Deed of
Dedication, Easement and Vacation, recorded in the Loudoun County Land Records at PIN
20090804-0053075; and
WHEREAS. on November 25, 2008. Gary and Barbara Samuels posted an Irrevocable
Standby Letter of Credit in the amount of $233,000.00 to guarantee the performance of certain
public improvements contained within the approved site plan; and
WHEREAS. on June 30, 2016, Gary and Barbara Samuels conveyed all of their rights, title
and interest to the Subject Property to NVT Development Group, LLC; and
WHEREAS. NVT Development Group, LLC is uninterested in developing the site
according to the plan that was submitted previously by the Samuels and desires to submit a new
site plan for development of the Subject Property; and
WHEREAS, NVT Development Group, LLC, has executed a Deed of Vacation of
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A RESOLUTION: APPROVING THE RELEASE OF THE PERFORMANCE
GUARANTEE FOR TAVISTOCK OFFICE PARK (TLPF-2004-0025)
IN THE AMOUNT OF $233.000.00 AND APPROVING A DEED OF
VACATION OF EASEMENTS TO THE TOWN
Easements which vacates portions of certain private BMP, sanitary sewer and waterline easements
previously conveyed to the Town and this Deed of Vacation of Easements has been reviewed and
approved by the Town Attorney; and
WHEREAS; any and all land rights needed by the Town for the Town's Sycolin Road
Widening Phase IV Capital Improvement Project have been retained by the Town and are not
included in the Deed of Vacation reviewed and approved by the Town Attorney; and
WHEREAS; since the new owners of the Subject Property desire to vacate the approved
site plan (TLPF 2004-0025), there is no longer the need for the Letter of Credit Performance
Guarantee and it can be released.
THEREFORE RESOLVED, by the Council of the Town of Leesburg in Virginia that:
SECTION 1. The Irrevocable Standby Letter of Credit issued by The Bank of Clarke
County in the amount of $233,000 and posted in 2008 to guarantee the public improvements on
the vacated site plan is hereby released.
SECTION II. The Mayor is authorized to execute the Deed of Vacation on behalf of the
Town by a deed approved by the Town Attorney.
PASSED this 13th day of December, 2016.
ATTES
gtoitt
- Clerk of Council Pro Tem
David S. Butler, Mayor
Town of Leesburg