HomeMy Public PortalAbout1996_02_13_R021 The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED February 13, 1996
96=21 ADOPTED February 13: ]996
AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A
PERFORMANCE GUARANTEE FOR LINDEN HILL PHASE II
WHEREAS, Linhab Development Company, the developer of Linden Hill Phase II, 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
previously approved time extension adopted by Town Council on January 10, 1995 by Resolution #95-7;
and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, installation of streets lights is a high priority for the residents and the Town Council;
and
WHEREAS, a corporate surety bond in the amount of $58,985.71 from the Fidelity and Deposit
Company of Maryland was provided by the developer to guarantee the installation of public
improvements in Linden Hill Phase II; and
WHEREAS, the developer has received a proposal from Virginia Power to install street lights.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the Fidelity and Deposit Company of Maryland
in the amount of $58,985.71 is approved to guarantee the installation of public improvements in Linden
Hill Phase II.
SECTION II. A time extension to July 10, 1996 for completion of the public improvements is
approved with the following conditions:
RESOLUTION:
-2-
AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A
PERFORMANCE GUARANTEE FOR LINDEN HILL PHASE II
1. Linhab Development Company shall provide to the
Town Manager within 7 days of the adoption of this
resolution proof of payment of $4,846.79 to Virginia
Power for the street lights.
2. Sidewalks shall be installed, not later than May 31, 1996,
within all lots on which houses are currently completed
and have received a certificate of occupancy.
3. Sidewalks shall be installed prior to the issuance of a
certificate of occupancy for all remaining lots within the
development.
4. Final street paving shall be completed within 60 days of
the date all units have received a certificate of
occupancy.
SECTION III. Failure by the developer to meet any of the deadlines established in the
conditions 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. The conditions of this resolution shall be incorporated as amendments to the
contract for installation of the public improvements for Linden Hill Phase II.
SECTION V. In the event the developer fails to meet any of the deadlines 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 the Linden Hill Phase II Subdivision and to request payment
pursuant to the corporate surety bond from the Fidelity and Deposit Company of Maryland in the
amount of $58,985.71 and to prepare and execute all required documents and undertake all necessary
actions to enforce all terms of said contract.
PASSED this 13th day of February
, 1996.
oweS E. Clem, Mayor
n of Leesburg
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