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HomeMy Public PortalAbout1996_11_26_R249 The Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: and town standards WHEREAS, improvements; and 96-249 PRESENTED November 26: 1996 ADOPTED November 26, 1996 AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID FOREST SECTION 6B WHEREAS, the developer, members of the Kincaid Forest Homeowners Association and town staff have met and reviewed concerns of the homeowners; and WHEREAS, the developer has completed several items which the Homeowners Association had requested; and WHEREAS, the Homeowners Association provided the town with recommendations for approval of the requested time extension with the condition that the bike trail along the east side of Kincaid Boulevard in Sections 6A and 6B be completed by June l, 1997; and WHEREAS, a corporate surety bond in the amount of $661,097.03 from the American Motorists Insurance Company was provided by the developer to guarantee the installation of public improvements for Kincaid Forest Section 6B; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $661,097.03 to guarantee installation of the remaining public improvements for Kincaid Forest Section 6B. THEREFORE, RESOLVED by the Cot~ncil of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Motorists Insurance Company in the amount of $661,097.03 is approved to guarantee the installation of public improvements in Kincaid Forest Section 6B. WHEREAS, First Potomac Development Company, the developer of the Kincaid Forest Section 6B, has not completed all the required public improvements in accordance with the approved construction drawings within the two year period agreed to in the contract for public improvements; and the developer has requested a one year time extension to complete the public -2- RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR KINCAID FOREST SECTION 6B SECTION II. A time extension of one (1) year for the completion of the public improvements for Kincaid Forest Section 6B is approved with the condition that the bike trail along the east side of Kincaid Boulevard in Sections 6A and 6B be completed by June 1, 1997. 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. PASSED this 26th day of November , 1996. JalXies E. Clem, Mayor Town of Leesburg R:kincd6B. res