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HomeMy Public PortalAbout1998_01_13_R012The Town of Leesburg, .rg nla RESOLUTION NO. 98-12 A RESOLUTION: PRESENTED January 13, 1998 ADOPTED January 13, 1998 DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 9A 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 9A, 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 9A for the past ten (10) 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 December 17, 1993 which states that the Developer shall perform all A RESOLUTION: -2- DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 9A IN DEFAULT OF ITS CONTRACT 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 December 12, 1995 by Resolution #95-252 and November 26, 1996 by Resolution #96-250; 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 9A in the current amount of $65,070.82; 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. 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 9A and to request payment pursuant to the corporate surety bond from American Motorists Insurance Company in the amount of $65,070.82 which guarantees the installation of public improvements in Kincaid Forest Section 9A. A RESOLUTION: -3- DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 9A IN DEFAULT OF ITS CONTRACT 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 9A. PASSED this 13th day of January, 1998. ATTEST: J~es E. Clem, Mayor Town of Leesburg Clerk of Council R:kincd9A