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HomeMy Public PortalAbout1997_02_11_R044The Town of Leesburg, rgm a PRESENTED Februa .ry 11, 1997 RESOLUTION NO. 97-44 ADOPTED February 11, 1997 A RESOLUTION: AUTHORIZING A FINAL TIME EXTENSION FOR COMPLETION OF A PUBLIC PARK WITHIN THE KINCAID FOREST PLANNED RESIDENTIAL NEIGHBORHOOD WHEREAS, in the approved rezoning plan for Kincaid Forest (ZM-110), the applicant proffered to convey a 6.23 acre park and specific recreation facilities to be completed with the first phase of development; and WHEREAS, Council approved Resolution 95-242 on December 5, 1995, authorizing an agreement and approving a performance g~aarantee for the public park located in the Kincaid Forest Planned Residential Neighborhood; and WHEREAS, Council approved Resolution 96-72 on April 23, 1996 in order to facilitate a redesign of the park in order to address safety concerns raised by the Depm~tment of Parks and Recreation; and WHEREAS, on August 13, 1996, by Resolution 96-172, Council extended the completion date to November 30, 1996, based on First Potomac Development Company's diligence in pursuing completion of the park's development plan so construction could commence; and WHEREAS, on November 26, 1996, by Resolution 96-247, Council extended the completion date to Januaw 14, 1997, based on First Potomac Development Company's diligence in pursuing completion of the construction of the park; and WHEREAS, the applicant, First Potomac Development Company, has not completed all of the required public improvements in accordance with the approved site plan; and WHEREAS, the developer has requested a time extension to April 30, 1997, to complete the public improvements; and A RESOLUTION: -2- AUTHORIZING A FINAL TIME EXTENSION FOR COMPLETION OF A PUBLIC PARK WITHIN THE KINCAID FOREST PLANNED RESIDENTIAL NEIGHBORHOOD WHEREAS, the Zoning Administrator recommends that this be the final time extension granted for the Kincaid Forest Public Park. THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. A time extension to March 31, 1997 for completion of the public improvements is approved with the condition that this will be the final time extension granted for Kincaid Forest Public Park for completion of the public improvements. SECTION II. Failure by the Developer to meet the time extension deadline will constitute default under the contract. SECTION III. In the event the Developer fails to meet the deadline established in Section I of this resolution as determined by the Zoning Administrator, then the Zoning Administrator is hereby authorized to declare the developer in default of its contract for public improvements for Kincaid Forest Public Park and to request payment pursuant to the corporate surety bond from the American Motorists Insurance Company in the amount of $288,000,00 and to prepare and execute all required documents and undertake all necessaw actions to enforce all terms of said contract and any extensions thereto. PASSED this 11th day of Februmw, 1997. ATTEST: Clerk of Council ~P~mes E. Clem, Mayor Town of Leesburg R: KinPk.cx4