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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