HomeMy Public PortalAbout1991_05_28_R118The Town of
Leesburg,
.rgtma
RESOLUTION NO.
A RESOLUTION:
91-118
PRESENTED May 28, 1991
ADOPTED May 28, 1991
DECLARING THE DEVELOPER OF PAXTON SECTION 1 IN DEFAULT OF ITS
CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE
DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE
GUARANTEE FUNDS AND ENFORCE THE CONTRACT
WHEREAS, installation of street lights is a public improvement required in subdivisions by the
Leesburg Subdivision and Land Development Regulations; and
WHEREAS, the town coordinates the design and installation of street lights along public roads in
subdivisions with Virginia Power and is reimbursed by the developer for the cost of the street lights; and
WHEREAS, the contract for installation of public improvements between the Town of Leesburg and
Brownell, Inc. states that the Brownell, Inc. is responsible for all public improvements shown on the
approved construction plans which includes street lights; and
WHEREAS, a letter of credit from Equitable Federal Savings Bank, which has been reduced to
$37,000.00, was provided by Brownell, Inc. to guarantee the installation of public improvements in Paxton
Section I; and
WHEREAS, the town sent an invoice in the amount of $9,918.00 to Brownell, Inc. in July 1990 to
reimburse the town for the cost of street light installation in Paxton Section I; and
WHEREAS, additional notices have been sent to Brownell, Inc. requesting payment and as of May
15, 1991 the town has received no payments towards the $9,918.00 invoice for street lights; and
WHEREAS, Brownell, Inc. has not complied with the provisions of the contract for Installation of
Public Improvements since the invoice for $9,918.00 for street lights in Paxton Section I has not been paid.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is hereby authorized to declare Brownell, Inc. in default of its
contract for public improvements for Paxton Section I as it pertains to the installation of street lights and
to request payment pursuant to the letter of credit from Equitable Federal Savings Bank in the amount
of $9,918.00, plus accrued interest from the date of payment to Virginia Power to reimburse the town for
the cost of installation of street lights in Paxton Section I.
A RESOLUTION:
PAXTON SECTION I
-2-
SECTION II. The remaining balance of said letter of credit shall remain in fun force and effect for
completion of any and all unfinished public improvements in Paxton Section I.
SECTION III. The Town Manager and Town Attorney are also authorized to prepare and execute
all required documents and undertake all necessary actions to enforce all terms of the contract for public
improvements for Paxton Section I.
PASSED this 28th day of l~ay , 1991.
ATTEST:
paxton. 1
Robert E Sevila, Mayo~
Town of Leesburg