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HomeMy Public PortalAbout1996_05_14_R085The Town of Leesburg, rg ma RESOLUTION NO. A RESOLUTION: PRESENTED Hay 14, 1996 96-85 ADOPTED Hay 14, 1996 ACCEPTING STORM DRAINAGE AND ROAD INSTALLED AT THE LOUDOUN COUNTY CENTER ON HARRISON STREET IMPROVEMENTS GOVERNMENTAL WHEREAS, it was necessary to relocate an existing storm drainage box culvert in order for construction of the Loudoun County Governmental Center on Harrison Street to start; and WHEREAS, the storm drainage improvements needed at the Loudoun County Governmental Center were installed by Gilbane Development Associates, L.C. in accordance with the terms of the Letter of Understanding dated November 8, 1994; and WHEREAS, the portion of the completed box culvert and storm drain pipe within the Loudoun County Governmental Center site was not accepted by Resolution #96-35 because the improvements remained exposed to possible damage by continuing contraction activities; and WHEREAS, the town has reimbursed Gilbane Development Associates, L.C., for the work pertbrmed and is holding $14,168.73 as retainage for the storm drainage improvements within the Loudoun County Government Center site; and WHEREAS, Gilbane Development Associates, L.C., has requested that the town accept the completed storm drainage improvements within the site since construction activities over the box culvert and pipe are completed, and release the retainage with a one-year warranty beginning on March 18, 1996 for defects in materials and workmanship; and WHEREAS, the Department of Engineering and Public Works recommends that the storm drainage improvements within the Loudoun County Governmental Center site be accepted effective March 18, 1996, and that $14,168.73 in retainage be released and; -2- A RESOLUTION: ACCEPTING STORM DRAINAGE AND ROAD INSTALLED AT THE LOUDOUN COUNTY CENTER ON HARRISON STREET WHEREAS, road improvements in East Market Street, Harrison Street, East Loudoun Street and Church Street were installed by Gilbane Development Associates, L.C., in accordance with the Amendment to the Letter of Understanding which was authorized by Resolution #95-229 adopted on November 14, 1995; and WHEREAS, the town has reimbursed Gilbane Development Associates, L.C., for the road improvements and is holding $31,500.00 as retainage; and WHEREAS, Gilbane has requested that the town accept the completed road improvements and release the retainage with a one-year warranty beginning on April 5, 1996; and WHEREAS, the Department of Engineering and Public Works recommends that the road improvements be accepted as of April 5, 1996 and the $31,500.00 in retainage be released. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The storm drainage improvements installed by Gilbane Development Associates, L.C., lbr the town within the Loudoun County Governmental Center site on Harrison Street are hereby accepted as of March 18, 1996 contingent upon delivery of a properly executed instrument conveying unto the town all such improvements free of any liens, encumbrances, charges or mechanics liens, potential or otherwise. SECTION II. The Town Manager is authorized to release $14,168.73 of retainage for the storm drainage improvements to Gilbane Development Associates, L.C., upon approval by the Deputy Town Attorney of the executed instrument identified in Section I. SECTION III. The road improvements installed by Gilbane Development Associates, L.C., for the town within the rights-of-way of East Market Street, Harrison Street, East Loudoun Street and Church Street are hereby accepted as of April 5, 1996 contingent upon delivery of a properly executed IMPROVEMENTS GOVERNMENTAL -3- A RESOLUTION: ACCEPTING STORM DRAINAGE AND ROAD IMPROVEMENTS INSTALLED AT THE LOUDOUN COUNTY GOVERNMENTAL CENTER ON HARRISON STREET instrument conveying unto the town all such improvements free of any liens, encumbrances, charges or mechanics liens, potential or otherwise. SECTION IV. The Town Manager is authorized to release $31,500.00 of retainage for the road improvements to Gilbane Development Associates, L.C., upon approval by the Deputy Town Attorney of the executed instrument identified in Section III. PASSED this 14th day of May , 1996. ATTEST: Clerk of Council ,J2rmes E. Clem, Mayor Town of Leesburg r:government