HomeMy Public PortalAbout1996_11_12_R243 The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED November 12, 1996
96-243 ADOPTED November 12, 1996
AUTHORIZING A TIME EXTENSION FOR INSTALLATION 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; and
WHEREAS, Owens and Dove, Inc. is a party to the contract for installation of public improvements
and is also listed as a principal in the corporate surety bond from Fidelity and Deposit Company of Maryland;
and
WHEREAS, Owens and Dove, Inc. has agreed to finish the project in order to avoid a claim against
the performance guarantee; and
WHEREAS, A time extension to November 12, 1996 was approved by Resolution//96-205 adopted
on October 8, 1996 in order to prepare a comprehensive plan including pricing and scheduling to complete
the unfinished work items; and
WHEREAS, the town received a draft schedule proposed by Owens & Dove, Inc., which shows
completion of some of the work items this fall with the majority to be finished in the spring next year; and
WHEREAS, additional time is necessary to resolve outstanding issues associated with the remaining
punchlist items; and
WHEREAS, a 30 day extension of time would allow sufficient time for Owens and Dove, Inc. to
work out remaining issues; and
RESOLUTION:
-2-
AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
LINDEN HILL PHASE II
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 Director of Engineering and Public Works has approved the amount of $58,985.71
to guarantee installation of the remaining public improvements for Linden Hill Phase II.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension to December 12, 1996 for the installation of public improvements is
hereby approved for Linden Hill Phase II.
SECTION II. 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 for Linden Hill Phase
II.
PASSED this i2th day of
_~ST:
Clerk of Council
?Iovenber , 1996.
J~nes E. Clem, Mayor
Town of Leesburg
R: lindenlI, res