Loading...
HomeMy Public PortalAbout1991_04_09_R080 The Town of Leesburg, Tirginia RESOLUTION NO. A RESOLUTION: PRESENTED April 9, 1991 91-80 ADOPTED April 9~ 1991 DECLARING THE DEVELOPER OF LEESBLFRG AIRP~ BUSINESS CENTER BUILDING "B" IN DEFAULT OF ITS CONTRACT FOR INSTAIJJATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE ACTING TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS WHEREAS, the Ward Corporation, developers of Leesburg Airpark Business Center Building "B", has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEEEAS, the letter of credit from The Washington Bank, provided by the Ward Corporation which guarantees the inst~llution of public improvements in Leesburg Airpark Business Center Building "B", in the amount of $58,500.00 will expire on April 11, 1991; and WHEREAS, the town has received a notice of non-renewal of the letter of credit from The Washington Bank; and WHEREAS, the Ward Corporation has stated in writing to the town that it cannot obtain either a renewal of the letter of credit from The Washington Bank or a substitute performsnce guarantee from another institution; and WHEREAS, the Ward Corporation has requested a reduction of the performance guarantee and the town's Director of Engineering and Public Works has reviewed the public improvements installed to date for Leesburg Airpark Business Center Building "B" and certified that the value of the work performed exceeds $46,800.00, which is 80 percent of the initial amount; and WHEREAS, in order to guarantee that the town will have sufficient funds to complete the public improvements if the Ward Corporation fail.~ to complete the project, a claim for payment of the letter of credit funds must be made. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: -2- SECTION I. The letter of credit from The Washington Bank in the amount of $58,500.00 is reduced to $14,625.00, which includes the value of the uncompleted public improvements and $2,925.00 for the maintenance guarantee. SECTION II. The Acting Town Manager is hereby authorized to declare the Ward Corporation in default of its contract for public improvements for Leesburg Airpark Business Center Building "B" and to request payment pursuant to the letter of credit from The Washington Bank in the amount of $14,625.00 which guarantees the inst~llAtion of public improvements in Leesburg Airpark Business Center Building ~B~. SECTION III. The Acting Town Manager is also authorized to prepare and execute all documents necessary to enforce all terms of the contract for public improvements for Leesburg Airpark Business Center Building ~B~. PASSED this 9tl~ day of April ,1991. ATTEST: building, b Robert E. Sevil~ Mayor Town of Leesburg