HomeMy Public PortalAbout1995_07_25_R159The Town of
Leesburg,
.rg ma
RESOLUTION NO.
A RESOLUTION:
PRESENTED July 25. 1995
95-159 ADOPTED July 25. 1995
AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A
PERFORMANCE GUARANTEE FOR WOODLEA MANOR PHASE 1
WHEREAS, Winchester Homes, the developer of Woodlea Manor Phase 1, has not
completed all the required public improvements in accordance with the approved construction
drawings and town standards within the one year period agreed to in the contract for public
improvements; and
WHEREAS, the developer has requested a one year time extension to complete
the public improvements; and
WHEREAS, a corporate surety bond in the amount of $774,000 from Safeco Insurance
Company of America was provided by the developer to guarantee the installation of public
improvements in Woodlea Manor Phase I; and
WHEREAS, Town Council Resolution//94-99 adopted on May 10, 1994 approved the
contract for public improvements for a one year; and
WHEREAS, the developer has not completed the final paving of the roads and recognizes
the importance of completing the roads and has set a proposed completion date of September 30,
1995; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$774,000 as sufficient to complete the public improvements in Woodlea Manor Phase I; 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:
A RESOLUTION:
-2-
AUTHORIZING A TIME EXTENSION WITH COMPLETION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE
GUARANTEE FOR WOODLEA MANOR PHASE 1
SECTION I. The corporate surety bond from Safeco Insurance Company in the amount
of $774,000 is approved to guarantee the installation of public improvements in Woodlea Manor
Phase I.
SECTION II. A time extension to May 10, 1996 for completion of the public
improvements is approved with the condition that the final construction of the streets including
all curb and gutter, sidewalks and paving shall be completed by September 30, 1995.
SECTION III. Failure by the developer to meet the deadline established in the condition
of Section II 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. In the event the developer fails to meet the deadline established in Section
II of this resolution then the Town Manager is hereby authorized to declare the developer in
default of its contract for public improvements for Woodlea Manor Phase I and to request
payment pursuant to the corporate surety bond in the amount of $774,000 and to prepare and
execute all required documents and undertake all necessary actions to enforce all terms of said
contract.
PASSED this 25TH day of
,,TTEST:
Cle~'k of Council
July , 1995.
mes E. Clem, Mayor
Town of Leesburg