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HomeMy Public PortalAbout1997_11_12_R262 The'Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: PRESENTED November 12, 1997 97-262 ADOPTED November 12, 1997 DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 10A IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS WHEREAS, Leegate Corporation, N.V., and its agent First Potomac Development Company, the developers of the Kincaid Forest Subdivision Section 10A, have not completed all the required public improvements and other bonded 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 extension; and WHEREAS, the town has received notice that Leegate Corporation, N.V. filed for bankruptcy under Chapter 11 of the Bankruptcy Code on April 23, 1997; and WHEREAS, no work has been completed in Kincaid Forest Subdivision Section 10A for the past eight (8) months; and WHEREAS, Leegate Corporation, N.V., and First Potomac Development Company are not in compliance with paragraph 14 of the contract for public improvements dated November 3, 1994 which states that the Developer shall perform all things called for herein within a period of two years from the date of the contract, but extensions may be granted if approved by the Town Council; and WHEREAS, the Town Council authorized a time extension on November 26, 1996 by Resolution #96-252; and WHEREAS, a corporate surety bond from American Motorists Insurance Company was provided by Leegate Corporation N.V., and First Potomac Development Company, which guarantees the installation of public improvements in Kincaid Forest Section 10A in the current amount of $87,538.64; and WHEREAS, in order to guarantee that the town will have sufficient funds to complete the public improvements a claim for payment of the corporate surety bond funds must be made. A RESOLUTION: DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 10A IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to declare First Potomac Development Company and Leegate Corporation, N.V. in default of their contract for public improvements for Kincaid Forest Section 10A and to request payment pursuant to the corporate surety bond from American Motorists Insurance Company in the amount of $87,538.64 which guarantees the installation of public improvements in Kincaid Forest Section 10A. SECTION II. The Town Manager is also authorized to prepare and execute all documents necessary to enforce all terms of the contract for public improvements for Kincaid Forest Section 10A. PASSED this !2th day of November ., 1997. EST: Clerk of Council lem, Mayor eesburg R:kincdl0A