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HomeMy Public PortalAbout1992_04_28_R054The Town of Leesburg, Virginia RESOLUTION NO. q?-~. A RESOLUTION: PRESENTED April 28~ 1992 ADOPTED April 28, 1992 AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING THE PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 1E WHEREAS, Richmond American, the developer of Potomac Crossing Section 1E, 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 WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $91,600.00 from First American Bank was provided by the developer to guarantee the inst~ll~tion of public improvements in Potomac Crossing Section 1E. This letter of credit is currently in effect until March 27, 1993; and WHEREAS, the letter of credit from First American Bank has been confn'med by a letter of credit from the Federal Home Loan Bank of Atlanta, an agency of the U.S. Government. WHEREAS, the Director of Engineering has approved the amount of $91,600.00 as sufficient to complete the public improvements in Potomac Crossing Section 1E; and WHEREAS, the completion of the public improvements is a high priority of the town and the developer should proceed with completion of the work as soon as possible. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from First American Bank confirmed by the Federal Home Loan Bank of Atlanta in the amount of $91,600.00 is approved to guarantee the installation of public improvements in Potomac Crossing Section 1E. A RESOLUTION: -2- AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING THE PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 1E SECTION II. A time extension to March 21, 1993 for completion of the public improvements is approved with the following conditions: Common ground Parcel B in Potomac Crossing Section 1E shall receive final grading and seeding or sodding prior to July 1, 1992. b. The asphalt trail and landscaping within Parcel B shall be installed before December 1, 1992. c. When the improvements within Parcel B are completed and approved by the town and the Potomac Crossing Homeowners Association (HOA), the HOA will accept the improvements and the warranty period for Parcel B will begin. SECTION Ill. Failure by the developer to meet any of the deadlines established in the conditions of Section H will constitute a default under the contract. The developer may request additional time extensions if the improvements are not completed due to factors beyond the developer's control. SECTION IV. The conditions of this resolution shall be incorporated as amendments to the contract for installation of the public improvements for Potomac Crossing Section 1E and agreed to by the developer. SECTION V. In the event the developer does not agree in writing to the conditions of this resolution, then no time extension is approved and the Town Manager is hereby authorized to declare A RESOLUTION: -3- AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING THE PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 1E the developer in default of its contract for public improvements for Potomac Crossing Section 1E and to prepare and execute all required documents and undertake all necessary actions to enforce all terms of said contract. PASSED this 28th day of April ,1992. Town of Leesburg ATTEST: Clerk of Council r:potomac.cro