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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 -2- 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.