HomeMy Public PortalAbout1991_06_25_R145The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED June 25, 1991
91-145 ADOPTED June 25, 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 TI-I~ CONTRACT, ACCEPTING PUBLIC
IMPROVEMENTS AND AUTHORIZING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS AT PAXTON SECTION 1 SUBDMSION
WHEREAS, Resolution No. 91-118 authorized the town manager to declare the developer of Paxton
Section I in default of its contract for installation of public improvements and m~ke a claim in the
amount of $9,918.00 pins interest against the performance guarantee for Paxton Section 1; and
WHEREAS, the developer of Paxton Section I has completed the public improvements in
accordance with approved plans and town standards except for payment to the town of the cost for
inst~llation of street lights; and
WHEREAS, the public improvements installed in Paxton Section I have been inspected and
approved; and
WHEREAS, the terms of the letter of credit from Equitable Federal Savings B~nk in the amount
of $52,000.00 contain no provision for payments less than the full amount; and
WHEREAS, inst~ll~tion 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 inst~llstion 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 include street lights; and
WH~EREAS, 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 1; and
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RE DECLARING THE DEVELOPER OF PAXTON SECTION 1 IN DEFAULT OF ITS CONTRACT
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 Inst~llation of
Public Improvements since the invoice for $9,918.00 for street lights in Paxton Section 1 has not been
THEREFORE RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town M_mmger is hereby authorized to declare Brownell, Inc. in default of its
contract for public improvements for Paxton Section i and to request payment pursuant to the letter
of credit from Equitable Federal Savings Bank in the amount of $52,000.00.
SECTION II. The public improvements in Paxton Section I are hereby accepted and a new surety
in a form approved by the Town Attorney for a maintenance guarantee in the amount of $13,000.00 is
approved and shall be in effect for a period of one year from this date.
SECTION III. The Town Manager shall hold $13,000.00 of the proceeds of the letter of credit as
a maintenance guarantee until a bond or letter of credit is provided by the developer.
SECTION IV. The Town Manager and Town Attorney are also authorized to prepare and execute
all required documents emd undertake all necessary actions to enforce all terms of the contract for public
improvements for Paxton Section.
SECTION V.
PASSED this
ATTEST:
Resolution No. 91-118 is hereby rescinded.
25th day of June
Robert E. Sevila, Mayor
Town of Leesburg
Clerk of Council
.,1991.