HomeMy Public PortalAbout1997_07_08_R170The Town of
Leesburg,
rg ma
PRESENTED July 8, 1997
RESOLUTION NO. 97-170 ADOPTED July 8, 1997
A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT LINDEN HILL PHASE
II
WHEREAS, Linhab Development Company, the developer of Linden Hill Phase II, did not
complete 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 completed the project, except for the final paving of Phase
II, in order to avoid a claim against the performance guarantee; and
WHEREAS, Owens and Dove, Inc. accepted the town's offer to make a cash payment of
$10,625.00 in lieu of installing the final paving in Phase II of Linden Hill and the town will have Virginia
Paving, the town's paving contractor, install the final paving in Phase II; and
WHEREAS, Owens and Dove, Inc. has also agreed to assign any unspent funds of the $10,625 to
the Linden Hill Homeowner's Association (HOA) for the purpose of paying for paving in Phase I of
Linden Hill; and
WHEREAS, since the final paving in Phase II will be done by the town, no warranty for the final
paving is required from Owens and Dove, Inc.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond issued by the Fidelity and Deposit Company of Maryland
in the amount of $58,985.71 is released and a new security in a form approved by the town attorney for a
A RESOLUTION:
-2-
ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT LINDEN HILL PHASE II
maintenance guarantee in the amount of $9,237.95 is approved, and shall be in effect for a period of one
year from the date of this resolution.
SECTION II. A cash payment in the amount of $10,625.00 is accepted in lieu of the installation
of the final paving in Linden Hill Phase II.
SECTION III. The final paving in Linden Hill Phase II shall be included in the town's street
resurfacing program for FY 98 and shall be coordinated with the final paving installed by the Linden Hill
HOA in Linden Hill Phase I.
SECTOIN IV. This release is contingent upon delivery of a property executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
PASSED this 8th day of July ,1997.
Clerk of Council
u Mayo5'
rg
R:lindnrel