HomeMy Public PortalAbout1997_05_13_R117 The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED May 13~ 1997
97-117 ADOPTED May 13, 1997
AUTHORIZING A TIME EXTENSION FOR COMPLETION 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 extensions; 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 May 15, 1997 was approved by Resolution #96-265 adopted on
December 11, 1996 for completion of the bonded public improvements in accordance with the work
schedule dated November 2 I, 1996; and
WHEREAS, most of the bonded improvements have been addressed and completion of the
detention pond and final street paving are the major work items not yet finished; and
WHEREAS, work on the pond is underway and should be completed by mid May 1997; and
WHEREAS, the Linden Hill Homeowners Association has requested that the final paving be
delayed until after completion of the last house located on Lot 16 which is currently under construction;
and
WHEREAS, Oak Ridge Builders has advised the town that the house will be complete prior to
June 30, 1997; and
A RESOLUTION:
-2-
AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR LINDEN HILL PHASE II
WHEREAS, Owens and Dove is willing to reschedule the f'mal paving to after June 30, 1997 to
accommodate the request by the Linden Hill Homeowners Association; and
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 July 15, 1997 for completion of the 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 13th
day of May , 1997.
J~es E. Clem, Mayor
Town of Leesburg
R:lindext