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HomeMy Public PortalAbout1994_03_08_R044The Town of Leesburg, rg nta RESOLUTION NO. 94-44 A RESOLUTION: PRESENTED March 8, 1994 ADOPTED March 8, 1994 AUTHORIZING A TIME EXTENSION FOR INSTAI.I.ATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARanTEE FOR TAVISTOCK FARMS, SECTION 9 WHEREAS, The Poretsky Building Group, Inc., developers of Tavistock Farms Section 9, did not complete 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, a letter of credit from Perpetual Savings Bank, FSB in the amount of $38,500.00 was provided by the developer to guarantee the installation of public improvements in Tavistock Farms Section 9; and WHEREAS, by Resolution No. 91-228 adopted October 9, 1991 by the Town Council declared Poretsky Building Group, Inc., the developer of Tavistock Farms Section 9 in default of its contract for installation of public improvements and authorized the Town Manager to prepare and sign the documents necessary to request payment of the performance guarantee funds; and WHEREAS, a claim was made for the letter of credit funds and the town was paid the full amount of $38,500.00 on November 4, 1991; and WHEREAS, by Resolution No. 91-263 adopted November 26, 1991 by the Town Council authorized a one-year time extension for installation of the public improvements for Tavistock Farms Section 9; and WHEREAS, by Resolution No. 92-248 adopted December 8, 1992 by the Town Council, SAD Realty Corporation, the new owner of Tavistock Farms Section 9, was allowed to become the obligor under certain public improvement performance agreements (Form PC-2) pertaining to the installation of required public improvements in Tavistock Farms Section 9 and was given six month time extension; and A RESOLUTION: -2- AUTHORIZING A TIME EXTENSION FOR INSTALL&TION OF PUBLIC IMPROVEIVIENTS AND APPROVING A PERFORMANCE GUARANTEE FOR TAVISTOCK FARMS, SECTION 9 WHEREAS, the $38,500.00 paid to the town would continue to be held to guarantee the installation of public improvements for Tavistock Farms Section 9; and WHEREAS, SAD Realty Corporation is wholly-owned by Perpetual Savings BAnk~ F.S.B., a failed financial institution which has been taken over by the Resolution Trust Corporation (URTC~), and has been unable to fully perform its obligations under the referenced public improvement performance agreements, or serve as developer of the Tavistock Farms Section 9, due to its insolvent position; and WHEREAS, SAD Realty Corporation, the current owner of Tavistock Farms Section 9 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 improvement plus time extensions; and WHEREAS, the Town Council on December 14, 1993 adopted Resolution No. 93-236 authorizing SAD Realty Corporation, the owner of the Tavistock Farms Planned Development, a three (3) month time extension to February 24, 1994 for their contracts for public improvements to complete the bidding and sale of Tavistock Farms to a bona fide land developer; and WHEREAS, SAD Realty, Inc. and the RTC completed the bidding process for the sale of Tavistock Farms with Arcadia Development Company identified as the successful bidder; and WHE~, a settlement date of February 22, 1994 was scheduled but it has been postponed due to a suit challenging the bidding process and the awarding of the sales contract to Arcadia; and WHEREAS, SAD Realty Inc. is moving to have the suit dismissed and to sell the property to Arcadia and has requested a 30-day time extension of the public improvements contracts between SAD Realty, Inc. and the town. A RESOLUTION: -3- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR TAVISTOCK FARMS, SECTION 9 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A thirty (30) day time extension for the public improvements performance agreements is hereby approved for Tavistock Farms Section 9, which will extend the completion date to March 26, 1994. SECTION II. The $38,500.00 paid to the town will continue to be held to guarantee performance under the outstanding public improvement performance agreement for Tavistock Farms Section 9, as approved in Resolution 92-248. SECTION III. SAD Realty Corporation and the RTC should continue to make every effort to expedite the sale of Tavistock Farms to a viable developer so that the development of the property may resume as soon as possible. PASSED this 8th day of March, 1994. ATTEST: Clerk of Council t (J "Jmes E. Clem, Mayor Town of Leesburg r:.tavistock.9