HomeMy Public PortalAbout1997_02_11_R044The Town of
Leesburg,
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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:
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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
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